REPUBLIC OF THE PHILIPPINES }

PROVINCE OF MISAMIS OCCIDENTAL} S.S.

COMPLAINT-AFFIDAVIT

I, GUILRY D. CABATUAN, of legal age, married, Filipino, and an employee

of the Department of Environment and Natural Resources- Region X; presently
assigned at DENR-CENRO of Ozamiz City with office address at Purok 7, Gango,
Ozamiz City, after having been duly sworn to under oath in accordance with law, do
hereby depose and say:

1. That I am a Forester by profession and designated as OIC- Community

Environment and Natural Resources (CENR) Officer of Department of
Environment and Natural Resources - Community Environment and Natural
Resources Office (DENR-CENRO) Ozamiz City field office located in Gango,
Ozamiz City;

2. That I assume authority to file cases in proper court over any offenders and
violators of existing DENR Policies, Rules and Regulations as mandated by law
within CENRO Ozamiz City area of jurisdiction;

3. That I assume as the immediate superior of Forest Rangers, Eugene I. Martir,

Ma. Gwendolyn G. Panganiban and Cherryl S. Punay all permanent employees
of Department of Environment and Natural Resources Office (CENRO) Ozamiz
City field office;

4. That on 01 February 2019, around 2:00 o’ clock in the afternoon, the DENR-
CENRO Ozamiz City personnel conducted inspection and/or verification to
ascertained the veracity of illegal cutting of trees in Barangay Diguan, Ozamiz
City, Misamis Occidental due to an information received by this Office from
unknown individual;

5. That the operation that day, 01 February 2019, resulted to the apprehension of
forest products (hills) of Gmelina. Based on their apprehension report, they
apprehended a total of two (2) logbolts of Gmelina with equivalent volume of 0.52
cubic meters more or less, allegedly under the order of Ms. Alicia S. Silva the
cutting of the said trees;

6. That accordingly, after verifying that she did not have the necessary permits and
legal documents to cut and possess the forest products, they found the existence
of probable cause to make an apprehension thereof for the forest products. This
is pursuant to the fact that under Section 2.a, DENR Administrative Order 97-32,
“any forest products… that are removed, cut, collected, processed or transported
(a) without the requisite authorization of permit (emphasis supplied) are
considered illegal forest products and are subject to apprehension, seizure or
confiscation;

7. That the total apprehended forest products believed to be under the order of Ms.
Alicia S. Silva is two pieces of log bolts with an equivalent volume of 0.52 cubic
meters, more or less, and estimated value of Php3,307.20 more or less;

8. That upon thorough examination of the documents presented by the DENR-

CENRO Ozamiz City personnel to me, such as the tally sheets and the
apprehension receipts, as well as the apprehending officers, for the
apprehension made on 01 February 2019 on the forest products seized therein, I
 found the existence of prima facie case of violation of Environmental law (P.D.
705) as amended against the offender, and subsequently issued the necessary
Seizure Order for the forest products on 14 February 2019 owned by Ms. Alicia
Silva;

9. That further, since the apprehended forest products are without legal
documents/permit, being under the order by the latter patently violates Section
77, of P.D. 705(formerly section 68, being renumbered by R.A. 7161), “The
Forestry Reform Code of the Philippines”. Finally, pursuant to paragraph (4),
Section 10 of DENR Administrative Order 97-32, Ms. Alicia Silva shall then be
liable to pay for moral and exemplary damages amounting to Php33,072.00 more
or less, for her actions clearly prejudice the environment;

10. That I am executing this affidavit to attest to the truth of the foregoing facts and to
file a complaint for “violation of section 77, of P.D. 705” (formerly section 68,
being renumbered by R.A. 7161) against Ms. Alicia Silva of Diguan, Ozamiz City
in the court of law.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this______ of ____________________ at Ozamiz Ciy.

GUILRY D. CABATUAN
Affiant/OIC-CENR Officer

SUBSCRIBED AND SWORN to before me this ____ day of___________2020 in

Ozamiz City, Philippines. Affiant exhibited to me his current PRC Id No. 0005688 his
photograph and signature. I hereby CERTIFY that I have personally examined the
herein affiant and that I am fully satisfied that he freely and voluntarily executed the
foregoing statements and understood the contents hereof.
REPUBLIC OF THE PHILIPPINES }
PROVINCE OF MISAMIS OCCIDENTAL} S.S.

COMPLAINT-AFFIDAVIT

We, EUGENE I. MARTIR, MA. GWENDOLYN G. PANGANIBAN and CHERRYL

S. PUNAY of legal ages, Filipino, and all employees of the Department of
Environment and Natural Resources- Region X; presently assigned at DENR-
CENRO of Ozamiz City with office address at Purok 7, Gango, Ozamiz City, after
having been duly sworn to under oath in accordance with law, do hereby depose and
say003A

1. That, we all assumed the position of FOREST RANGERS designated as forest

officers of Department of Environment and Natural Resources – Community
Environment and natural Resources Office (DENR-CENRO) Ozamiz City located
at Gango, Ozamiz City;

2. That, we are tasked and authorized to apprehend any offenders and violators of
existing DENR Policies, Rules and Regulation as mandated by law within
CENRO Ozamiz City jurisdiction;

3. That we personnel of the DENR upon the directives of our superiors, conducted
inspection and/or verification on 01 February 2019 which were allegedly
happened in Barangay Diguan, Ozamiz City, Misamis Occidental due to the
information given by unknown individual. The team immediately proceeded to
the area to verify whether the information is true or not;

4. That on or about 2:00 o’clock in the afternoon, we arrived at area, indeed the
information is positive. We saw that there were trees already cut down, laid in the
area of Barangay Diguan, Ozamiz City, Misamis Occidental which was
immediately apparent, open to our eyes. Upon seeing the two (2) log bolts in the
area, we asked who ordered the cutting of the said trees and if it has necessary
permit and pertinent documents which would warrant the cutting of the said trees.
We found out that the cutting was ordered by certain Alicia Silva and admitted
that she order the cutting of the said trees;

5. That, after learning that latter had no permit for the cutting of the said trees; we
found probable cause to effect an apprehension thereof. Thus, we informed her
that he was apparently violating Section 77 of PD 705 as amended for not having
the necessary permit in the ordering the cutting and that we have to apprehend
and confiscate the said forest products at that moment;

6. That, the team then scaled all forest products (log bolts) found therein in the
presence of Alicia S. Silva. After the scaling, we verified that there were a total of
2 logbolts of Gmelina with an equivalent volume of 0.52 cubic meters more or
less and with an estimated value of Php3,307.20. We then issued the
apprehension receipt for the said apprehended forest products and we duly
signed it;

7. That after the apprehension made on 01 February 2019, we subsequently

delivered and deposited the said forest products at Barangay Hall of Barangay
 Diguan, Ozamiz City under the custody of Barangay Kagawad Rosita G. Nejarda
for temporary safekeeping;

8. That we are executing this affidavit to attest to the truth of the foregoing facts and
circumstances based on our personal knowledge to support the filing of a case
against Alicia S. Silva of Barangay Diguan, Ozamiz City, Misamis Occidental for
violation of Section 77 of PD 705 as amended otherwise known as the Forestry
Code of the Philippines (formerly section 68, being renumbered by RA 7161)”.

IN WITNESS WHEREOF, we have hereunto set our hands and affixed our
signature this ______ day of _________________ 2020 at Ozamiz City.

EUGENE I. MARTIR
Affiant/Forest Ranger

MA. GWENDOLYN G. PANGANIBAN CHERRYL S. PUNAY

Affiant/Forest Ranger Affiant/Forest Ranger

SUBSCRIBED AND SWORN to before me this ____ day of ____________ 2020

in Ozamiz City, Philippines. I hereby CERTIFY that I have personally examined the
herein affiants and that I am fully satisfied that they freely and voluntarily executed the
foregoing statements and understood the contents hereof.