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, Zernan L.

Villanueva II, Cedric B. Llamis, Cherryl S. Punay and Eugene I. Martir all
permanent employees of Department of Environment and Natural Resources
Office (CENRO) Ozamiz City field office;

4. That on 30 January 2019, the DENR-CENRO Ozamiz City personnel conducted

inspection and/or verification to ascertained the veracity of illegal cutting of trees
in Barangay Poblacion, Sinacaban, Misamis Occidental due to an information
relayed by former Mayor Crisinciano Mahilac;

5. That the surveillance that day, 30 January 2019, resulted to the apprehension of
forest products (log bolts). Based on their apprehension report, they
apprehended a total 25 log bolts of Acacia Mangium with equivalent volume of
4.69 cubic meters more or less, under the order of Barangay Chairman Lanie
Leonin;

6. That accordingly, after verifying from the Chairman herself 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 due to the order of Barangay Chairman Lanie
Leonin. 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 and confiscation;

7. That the total apprehended forest products believed to be under the order of
Barangay Chairman Lanie Leonin is 25 pieces of log bolts with an equivalent
volume of 4.69 cubic meters, more or less, and estimated value of Php17, 395.00
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 30 January 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 owned by Barangay Chairman Lanie
Leonin;

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, Barangay Chairman Lanie
Leonin shall then be liable to pay for moral and exemplary damages amounting
to Php173, 950.00 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 Barangay Chairman Lanie Leonin, 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, ZERNAN L. VILLANUEVA II, CEDRIC B. LLAMIS, CHERRYL S. PUNAY,

Darme B. ABCEDE, JR. AND EUGENE I. MARTIR, 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 say:

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 30 January 2019 which were allegedly
happened in Barangay Poblacion, Sinacaban, Misamis Occidental due to the
information given by its former Mayor, Crisinciano Mahilac. The team
immediately proceeded to the area to verify whether the information is true or
not;

4. That on or about 3:00 o’clock in the afternoon, we arrived at area and we saw
that there were trees already cut down, laid in front of the Barangay Hall of
Barangay Poblacion, Sinacaban, Misamis Occidental which was immediately
apparent, open to our eyes. Upon seeing the various 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 and possession of the
forest products Barangay Chairman Lanie Leonin admitted that she order the
cutting of the said trees;

5. That, after learning that Barangay Chairman Lanie Leonin had no permit for the
cutting and possessing of the said forest products; 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 possessing the log bolts 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 the Barangay Chairman Leonin. After the scaling, we verified that
there were a total of 25 log bolts of Acacia Mangium with an equivalent volume of
4.69 cubic meters more or less and with an estimated value of Php17, 395.00.
We then issued the apprehension receipt for the said apprehended forest
products and we duly signed it;
 7. That after the apprehension made on 30 January 2019, we subsequently
delivered and deposited the said forest products at Barangay Hall of Barangay
Poblacion however we subsequently deposited it to Camp Dominguez,
Barangay Libertad Bajo, Sinacaban under the custody of SPO2 Ferdinand
Rodrigo and for temporary safe keeping;

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 Barangay Chairman Lanie Leonin of Barangay Poblacion, Sinacaban,
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.

ZERNAN L. VILLANUEVA II CEDRIC B. LLAMIS

Affiant/Forest Ranger Affiant/Forest Ranger

DARME B. ABCEDE, JR. EUGENE I. MARTIR

Affiant/Forest Ranger Affiant/Forest Ranger

CHERRYL S. PUNAY
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.