Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE
OFFICE OF THE CENRO
Talisay, Nasipit, Agusandel Norte

MINUTES
OF
THE
SECOND (2nd) ADMINISTRATIVE ADJUDICATION PROCEEDINGS
ON
THE APPREHENDED 275 PCS/ 10, 668.72BD.FT. OF LAUAN
LUMBER/FLITCHES AT BARANGAY VILLA KANANGA, BUTUAN CITY OF
WHICH THE HEARING WAS HELD ON JUNE 30, 2023 AT CENRO -NASIPIT,
TALISAY, NASIPIT AGUSAN DEL NORTE.

CENRO-NASIPIT, TALISAY,
NASIPIT, AGUSAN DEL NORTE

JUNE 30, 2023

2:30 P.M

The 2nd Administrative Confiscation Proceedings was called to order at 2:30

p.m. June 30, 2023 at CENR Office, Talisay, Nasipit, Agusan del Norte with OIC.
CENR Officer NELSON B. CARANZO as Presiding Officer.

1. Call to Order ---NELSON B. CARANZO

OIC, CENR Officer/Presiding Officer

2. Roll Call --- HONEY LOU G. BUENO

Forester I
REFER TO THE ATTACHED ATTENDANCE SHEET

3. Call for Comment/Manifestation

Hearing Officer: Good Afternoon everyone, this is a continuation of

the Summary Administrative Proceedings
pertaining to the apprehended one (1) unit Wing
van loaded with 275pcs. (10,688.72bd.ft.) at Brgy.
Villa Kananga, Butuan City.

May I ask the Secretariat if those invited are

present for this hearing.

Secretariat: Based on the attendance sheet sir, the persons

that we have invited are all present and we are in
quorum, Mr. Chair.
Hearing Officer:
proceed.
Rey C. Mallorca:
(Owner of Conveyance)
Hearing Officer:
Respondent/Owner:
Hearing Officer:
Geradel Dela Cruz Pelobello:
(Driver)
Hearing Officer:
Geradel Dela Cruz Pelobello:
(Driver)
Hearing Officer
Rey C. Mallorca:
(Owner of Conveyance)
Hearing Officer:
For. II Roel C. Jumawid:
Geradel Dela Cruz Pelobello:
(Driver)
For. II Roel C. Jumawid:
Okay, since we are in quorum we may now
Do you have legal counsel Sir?
I don’t have legal counsel with me right now Mr.
Chair.
Are you willing to answer the question of the
Technical Working Group even without legal
counsel?
Yes Sir.
Requested the driver and the helper to narrate the
circumstances which led to the apprehension of
the conveyance and forest product.
After I delivered banana, I was thinking to transport
(backload). Then it happened that someone hired
me to load some goods. I told him to asked
permission to my boss first and he said that my
boss already agreed.
Who is this boss you are referring to?
The owner of the conveyance Sir.
The one who hire me told to me that my boss
already agreed so I followed him without knowing
that we will be loading forest product.
How about the owner?
I have really no involvement/knowledge of my
driver’s transaction Sir. I was even shocked when I
heard that my truck was apprehended.
Any questions?
This question is for the driver. You said earlier that
the one who hired you told that your boss already
gave permission. Who hire you?
I didn’t recognize him Sir.
Mr. Mallorca, are you confirming his statement?
Rey C. Mallorca: No Sir.
For. II Roel C. Jumawid: Did you received a call from someone asking for
your permission?

Rey C. Mallorca: No Sir, I did not receive a call asking for my

permission.

For. II Roel C. Jumawid Where did you load the said forest products.

Geradel Dela Cruz Pelobello: From Bayugan City.

(Driver)

For. II Roel C. Jumawid: Did you file a blotter report?

Geradel Dela Cruz Pelobello: No Sir, I did not file a blotter report.
(Driver)

Hearing Officer: Have you tried to contact your boss just to confirm
if he really agreed to that transaction.

Geradel Dela Cruz Pelobello: That is my mistake Sir, because I did not bother to
(Driver) call considering also that there is no signal in the
area.

Atty. Roberto A. Galano, Jr.: As to the owner of the conveyance, may we know
how many years are you in this trucking business?

Rey C. Mallorca:

Atty. Roberto A. Galano, Jr. Is your truck registered? Do you have documents?

Rey C. Mallorca: I have only Brgy. Certification issued by our Brgy.

Captain Sir.

Atty. Roberto A. Galano, Jr: What is your agreement between your driver.

Rey C. Mallorca: I will pay him 5,000 per trip, sometimes it depends
on the area.

Atty. Roberto A. Galano, Jr: How are you going to monitor him everytime he
will be transporting goods.

Rey C. Mallorca: Thru phone call only Sir.

Atty. Roberto A. Galano: Are you entrusting your truck to him?

Rey C. Mallorca: Yes Sir.

Atty. Roberto A. Galano: How did you meet or contact the person who hire
you?
Geradel Dela Cruz Pelobello:
Atty. Roberto A. Galano:
Geradel Dela Cruz Pelobello:
Atty. Roberto A. Galano:
Geradel Dela Cruz Pelobello:
Atty. Roberto A. Galano:
Geradel Dela Cruz Pelobello:
Atty. Roberto A. Galano:
Geradel Dela Cruz Pelobello:
Atty. Roberto A. Galano:
CENRO Nelson B. Caranzo:
DMO III Michael A. Moreno:
Geradel Dela Cruz Pelobello:
DMO III Michael Moreno:
Geradel Dela Cruz Pelobello:
DMO III Michael Moreno:
Geradel Dela Cruz Pelobello:
I posted on my Facebook account Sir.
Can we have a screenshot of your post Sir?
I already deleted that post Sir after I was being
caught by the PNP and DENR personnel.
How can you prove to us Sir, that indeed you are
telling the truth if you already deleted that post.
Don’t you know that as a driver it is our normal act
to asked first what good/s are you going to
transport before approving for that transaction.
I did not know that we will be transporting illegal
forest product Sir.
Did he not mentioned to you what goods are you
going to transport?
No Sir, he only told me to follow him to the area.
How many years are you working as a driver?
I am working as a driver for five years Sir.
That’s all Mr. Chair.
Anymore comments? Yes For. Moreno.
Did you recognize the forest product you are
transporting?
No Sir, I don’t have any knowledge in identifying
forest product.
You’ve mentioned earlier that you were harmed by
an armed men. How many checkpoint you passed
from Bayugan City to Brgy. Villa Kananga?
There were two (2) PNP Checkpoints Sir.
Did it never crossed on your mind to stopped at
PNP Checkpoint.
You don’t even think of stopping at the PNP
Checkpoint?
No Sir, because there someone following to us.
DMO III Michael A. Moreno:
Geradel Dela Cruz Pelobello:
DMO III Michael A. Moreno:
Rey C. Mallorca:
DMO III Michael A. Moreno:
Rey C. Mallorca:
DMO III Michael A. Moreno:
Rey C. Mallorca:
CENRO Nelson B. Caranzo:
For. III Bedar R. Imam:
Geradel Dela Cruz Pelobello:
For. III Bedar R. Imam:
CENRO Nelson A. Caranzo:
PMF Marining A. Nogaliza:
As to owner of the conveyance, after finding out
that your conveyance was apprehended by the
PNP and DENR. What legal actions did you do?
I cannot file a blotter report against the one who
hire me Sir, since I don’t know his complete name.
To the owner, is your truck for hire?
No Sir.
What legal actions/legal remedies did you do after
finding that your conveyance was apprehended?
I am supposedly filing a case to my driver Sir. I
went to Police Station seeking for an advice my
they told me that I cannot pursue in filing of the
case since we don’t have a written agreement
between my driver.
Can we check/ or have a photocopy of any valid ID
of the owner of the conveyance?
Yes Sir.
Anymore comments?
How many years are you working as his driver?
I am his driver for 2months now Sir.
That’s all Mr. Chair.
May I request the DENR Apprehending team to
narrate the circumstance which led to the
apprehension.
Last June 12, 2023 I received a cellphone call from
a concern citizen about a parked wing van along
the diversion road of P-6, Brgy. Villa Kananga,
Butuan City possibly loaded with illegal forest
products. In response, I immediately went to the
area. Minutes later, personnel from Region
Intelligence Division arrived. The PNP Regional
Intelligence Division asked the driver to open the
wing van and the driver voluntarily opened it, and
confirmed the presence of narra lumber. We asked
him if he have transport permit of the said lumber

CENRO Nelson B. Caranzo:
Geradel Dela Cruz Pelobello:
For. II Roel C. Jumawid:
Geradel Dela Cruz Pelobello:
For. II Roel C. Jumawid:
Geradel Dela Cruz Pelobello:
CENRO Nelson B. Caranzo:
For. II Roel C. Jumawid:
For. III Bedar R. Imam:
CENRO Nelson B. Caranzo:
DMO III Michael A. Moreno:
but he failed to present. I asked him the source of
origin of the said forest products and he said that it
was from Bayugan City and asked if he was aware
that he is loading forest product and answered
negative.
Why are you not aware that you are transporting
forest products?
Yes Sir, because that time of loading I was only on
the driver’s seat of the conveyance guarded by an
armed men.
How many hours are they loading the said forest
products?
Approximately 1 hour Sir.
Did anyone claim the forest product?
No one claimed ownership of the said
apprehended forest product Sir.
Anymore comments?
Since transporting premium and naturally grown
species is illegal and the driver failed to present
any transport documents. I moved for the
confiscation of the apprehended 275pcs. Laun
lumbers in favor of the government.
I seconded.
It has been moved and seconded that the
apprehended 275pcs. Narra lumber be confiscated
in favor of the government. The secretariat is
instructed to prepare the result of this proceedings
for our submission to the Regional Office.
How about the conveyance?
Mr. Chair, since from the start of our administrative
proceedings I did not see any documents from the
owner that he has no involvement/knowledge of
the transaction of his driver. In addition, I am not
convinced of their statement earlier. I moved for
the confiscation of one (1) unit Wing van bearing
plate no. MAS 3955 in favor of the government.
Atty. Roberto A. Galano: Mr. Chair, I have no objection with the motion of
For. Moreno but if the members of the Technical
Working Group would agree with me. Maybe let us
allow first the driver and the owner of the
conveyance to submit their affidavit which also
form part of our CSW Report and be our basis also
for our recommendation. I would like to motion to
let the owner and the driver first to submit their
affidavit and after that the Technical Working
Group will convene and decide whether to
confiscate or release the subject conveyance.

For. II Roel C. Jumawid: I support with the recommendation of Atty. Roberto

A. Galano. Mr. Chair.

CENRO Nelson B. Caranzo: How many days we will give them to submit their
affidavits?

For. III Bedar R. Imam: We will let them submit 5 calendar days Mr. Chair.
Are you willing to submit your affidavit?

Rey C. Mallorca: Yes Mr. Chair.

CENRO Nelson B. Caranzo: Anymore comments? Hearing none this hearing is

adjourned.

Adjourned Time: 3:30 p.m

I hereby certify correctness of the foregoing minutes.

Prepared by: Noted by:

APPLE JOY J. OPEÑA BEDAR R. IMAM

Project Technical Staff For. III/Chief Enforcement and Monitoring
Station

Approved by:

NELSON B. CARANZO
OIC, CENR Officer/ Hearing Officer