ADMINISTRATIVE ADJUDICATION

UNDER
DAO 97-32

DAO 97-32

SUBJECT:

The 1997 Rules for the

Administrative Adjudication of Illegal Forest
Products and the Machinery, Equipment, Tools,
and Conveyances Used in connection
therewith.

 OUTLINE

Definition of Terms
Sec 2 of DAO 97-32
General Requirements for Apprehension
Administrative Seizure
Summary Administrative Confiscation
Abandoned Forest Products
Temporary Release of Conveyance
Arrests and Prosecution
Disposition of Items Confiscated in Favor of the
Government

Adjudication

Is the legal process by which an

arbiter or judge reviews evidence and
argumentation
including
legal
reasoning set forth by opposing
parties or litigants to come to a
decision which determines rights and
obligations between parties involved.

ADMINISTRATIVE ADJUDICATION

is

the
administrative
investigation,
hearing,
and
determination by any agency of
issues or cases applicable to
particular parties.

CONFISCATION

Upon determination of guilt in administrative

proceedings , confiscation is the official act of
DENR declaring that items y listed in Section 2
hereof become the property of the Government
of the Republic of the Philippines.

FORFEITURE
When items in Sec. 2 are submitted by the DENR for
disposition in judicial proceedings, forfeiture thereof
in favor of the Republic of the Philippines shall be
sought in addition to any other remedies applied for in
the prosecution of the case.

Forest Products :
Refers to timber, including lumber, pulpwood,
firewood, bark, tree top, resin , gum, wood, oil,
honey, beeswax, nipa, rattan , charcoal, or other
forest growth, such as but not limited to grass, shrub,
flowering plants, in forest lands , and others.

FOREST OFFICERS
Refers to Officials and employees of DENR
charged with the enforcement of forestry
laws, rules and regulations of the
Philippines.

Sec 2 of DAO 97-32

ITEMS SUBJECT TO APPREHENSION, SEIZURE, CONFISCATION AND /OR
FORFEITURE:
ILLEGAL FOREST PRODUCTS
Any forest products that are removed, cut, collected, processed and/or
transported

Without the requisite authorization or permit ; or

With incomplete required supporting document/s;
With genuine authorization or permit/s or and/or supporting
documents that have expired validity, have been cancelled or that
contained gorged entrie; or

With spurious (fake) authorization, permits and/or supporting

documentation.

NOTE:
-Original

documents shall be
required at all times to actually
accompany any forest products
being moved or transported to
any place and for any purpose.

Sec. 2, DAO 97-32

Machinery, Equipment, Tools and Implements used
in the possession , gathering, collecting, processing, and/or transporting of
illegal forest products; and

CONVEYANCE - refers to any mode or type or class of vehicle or craft or

any other means used for transportation either on land, water, air , or any
combination thereof. Whether motorized or not, used for or in taking and/or
maintaining temporary or permanent possession or control, gathering , collecting,
processing disposing of or otherwise transporting, moving or transferring illegal
forest products

PERSON(s) AUTHORIZED TO MAKE

APPREHENSION
Forest Officers;
Deputies;
Members
of

Law

Enforcement

Agencies
Private Citizens as Provided for by Law.

GENERAL REQUIREMENT FOR

APPREHENSION
Section 4.1
ON SITE RECORDING AND PRESERVATION OF DATA AND EVIDENCE
Introduce yourself (full name, rank and official designation)
Show proper identification (it is a must that Forest Officers must be
equipped with proper identification during apprehension)
Explain the basis of the procedure; if there is probable cause, the reason
for the apprehension
Ocular inspection of all authorization required in Sec. 2 .

Probable cause.a sufficient reason based upon known facts to believe a

crime has been committed or that certain property is connected with a crime.

In the Absence of probable

cause:

If all the requisite authorizations ,

permits,
and
accompanying
documentations are verified to be in
order , and the probable cause for
an apprehension is absent, the
release of all the inspected items
must be effected immediately;

 An Official DENR seal of inspection

must be rubber-stamped on the face
of all the
transport documents
inspected. In the absence of the
official DENR seal, the apprehending
Officer shall write the date and state
the fact of inspection .THE
APPREHENDING OFFICER SHALL
AT ALL TIMES AFFIX HIS
SIGNATURE.

If there exist probable cause..

Section 4.3(a)
On Site Record of Violation
Verbally inform the person of the
reason for apprehension and
announce that he is making an
apprehension in accordance with this
Rule;
Prepare a written ON-SITE Record
of the names, addresses, & other info
of all persons involved: Inventory or
list all items(machinery, equipment,
tools,etc) , date, and affixed your
signature;
Let the offender sign( in case of
refusal to sign, indicate in the record

ISSUANCE OF APPREHENSION
RECEIPT:
Upon completion of the above procedure (incase of presence of probable cause) the
apprehending Officer shall issue and provide the offender an APPREHENSION RECEIPT
(to be discussed later);
If the counting , measurement , weighing, scaling and/or value estimation is not completed
at the end of office hours of the day, the apprehending officer shall explain the same
and the facts shall be indicated in the apprehension receipt. Such apprehension receipt
shall then be marked PROVISIONAL. THIS MUST BE FOLLOWED UNTIL INVENTORY
IS COMPLETED.
The documentation of Apprehension must be conducted in the presence of the offenders
as well as any other interested persons following the principles of TRANSPARENCY.

ADMINISTRATIVE SEIZURE
DELIVERY. The apprehended items shall then be delivered ASAP by the
Apprehending Officers to the nearest Seizure Officers .
Upon delivery, the Seizure Officer shall then sign and issue a Seizure Receipt
stating the date, place and time, , name of Apprehending Officer and containing
an itemized list of the items delivered to him.
In case the delivery of said items is impractical, the Apprehending Officer shall
deposit the same to any nearest Government office for temporary safekeeping.

Turn-over of Apprehended Items and

filing of Complaints
The PNP and other law enforcer may file a complaint directly with the
Office of the Prosecutor in accordance with the new Rules of
Procedure for Environmental Cases (A.M. No. 09-6-8-SC,)
Rule 9 Sec1. The apprehended items must be turned over to the DENR,
specifically to the Seizure Officer for the issuance of a Seizure Receipt

Rule 12 (Custody and Disposition of Sezed items, equipment, paraphernalia,

conveyances , and instruments) of the aforecited Rules of Procedure The
custody and disposition of seized items shall be in accordance with the
applicable laws or rules promulgated by the concerned government agency.

DENR has no jurisdiction unless the apprehended items are turned over to the
SO.

PERSONS AUTHORIZED TO
EFFECT SEIZURES
Regional Executive Director ( now the Regional Director);
Provincial Environment and Natural Resources Officer;( or in
his absence, any Senior Forest Mgt Specialist or Senior
Environmental Management Specialist actually assigned to
the area of apprehension)

 Community Environment and natural Resources Officer (or in

his absence, any DENR Officer with a rank of Forester III or
Land Management Officer actually assigned to the area of
apprehension at the time thereof;
The Secretary may, from time to time, designate, in writing,
such other DENR Officers for the purpose,

SUMMARY ADMINISTRATIVE SEIZURE

UPON delivery to those authorized Seizure Officers (SO), the SO
shall then verify the existence of a prima facie case against the
offenders. Prima facieadj. apparently; at first glance;at first sight;
before further examination; by all appearances; on
presentation;ostensibly; seemingly on the face of the matter;
Presumably, a party is said to have a prima facie case when the evidence in
his favor is sufficiently strong for his opponent to be called to answer .

VERIFYING EXISTENCE OF PRIMA FACIE

CASE.

The SO must personally examine the Apprehending Officers and any witnesses appearing before the
former, in order to satisfy himself:
that an offense has been committed;
that the evidence at hand indicates that the offender is probably guilty thereof; and
That the item/s delivered to him are the proceeds of the violation.

Should a Prima Facie case exist against the offender, the SO shall immediately declare this fact by
issuing a SEIZURE ORDER for the apprehended items ;
In case the apprehended conveyance is owned by the government , the procedure above shall be
followed and the vehicle shall be immediately released to the highest Regional Official of the office
who owned the same acknowledging that the same conveyance had been used in violation of Forestry
laws, rules and regulations.

SUMMARY ADMINISTRATIVE
CONFISCATION
THE FOLLOWING OUTLINE MUST BE FOLLOWED IMMEDIATELY
UPON ISSUANCE OF A SEIZURE ORDER:
NOTICE OF HEARING..a Notice of Hearing shall be issued by the
DENR Officer who issued the Seizure Order, scheduling a formal ,
summary hearing at a specified place and date w/in one (1) calendar
week from the date of the issuance of the Seizure Order or upon
written request and signature by all interested parties w/in two(2)
calendar weeks from the said dates.

 HEARING. The DENR Officer who issued the Seizure Order

shall preside as the Hearing Officer at Confiscation Hearings.
The Offenders may opt to be heard by themselves or through
the assistance of counselample opportunity to obtain the
services of a counsel , shall in all cases , be provided.
In Zenon R.Perez G.R. No. 164763
While investigations conducted by administrative bodies may at times be akin to
a criminal proceeding, the fact remains that under existing laws , a party in an
administrative inquiry may or may not be assisted by counsel., irrespective of the
nature of charges and of respondents capacity to represent himself, and no duty
rests on such body to furnish the person being investigated with counsel.

The right to counsel, which cannot be waived unless the waiver is in writing and
in the presence of counsel, is a right afforded a suspect or accused during
custodial investigation. It is not an absolute right and may be invoked or
rejected in a criminal proceeding and, with more reason in an administrative
inquiry.

DISPUTABLE PRESUMPTIONS
Unless specifically controverted , the following shall be considered presumptions of facts
and/or Laws:

All those apprehended On-Site for direct or Indirect participation in the commission of the
offense/s cited had full knowledge of and willingly participated therein;
The registered owner and/or operator /driver of the conveyance used in the commission of
the offense/s had full knowledge and willingly participated therein by providing the
conveyance for illegal purpose to which said conveyance was applied.
Any forest products included in Section 2(a) hereof were obtained from an illegal source.

DECISION
The decision shall be rendered by the RD (formerly RED)
upon recommendation by the Hearing Officer. .when
the evidence warrants, a ruling shall be issued declaring
the seized items to be confiscated in favor of the
government together with the recommendations for further
prosecution, if any.

MOTION FOR RECONSIDERATION

A party aggrieved of the decision may only file one (1) MR
within a Non-extendible period of 15 calendar days from
the receipt of the Decision containing a concise statement
of the grounds relied upon for the purpose.
The Hearing Officer shall issue a ruling on such Motion
within 15 days from receipt thereof.

APPEAL
WITHIN A NON-EXTENDIBLE PERIOD OF
15 CALENDAR DAYS FROM RECEIPT OF
THE RULING
UPON A MOTION FOR
RECONSIDERATION, a party , upon paying
the corresponding fees, a party may file an
Appeal with the Office of the Sec.

DECISION OF THE DENR SEC

A party aggrieved of the the decision of the Sec, may file an MR within 15 calendar days
from receipt thereof.
EXECUTIVE DECISION.. When a decision becomes final and executory upon the lapse
of the reglamentary periods herein prescribed , the USEC for Legal shall motu proprio or
upon motio of interested parties , shall issue a certification to that effect for submission to the
Secretary.The certification shall also include an recommendation for the execution of the
decision.
TERMINATION OF CASE.Upon approval by the Secretary, confiscated items shall
become permanentproperty of the Government and entered into the books as such and
dispose of in accordance with law.

Sec 8. ABANDONED FOREST

PRODUCTS
The forest Products shall be apprehended.
Take pictures of the apprehension sites and the items seized shall be taken and
shall form a permanent part of the record of the case.

Apprehending Officer shall identify, date, caption, and write his full printed
name and affix his signature at the back of the photograph.

On-Site record of violation, On-Site report, and APPREHENSION

Receipt shall be prepared. A Notice of Apprehension shall left by
the Apprehending Officer on site , posted on a nearby tree, wall
or other permanent structure. The notice shall contain time and
place of apprehension, a complete itemized
list of apprehended item/s, a summary statement of the
violation/s cited and the full printed name of the AO.

Sec. 9 temporary Release of

CONVEYANCE
Grounds for temporary Release of Conveyance:
when available evidence may be establish satisfying the wisdom of the
Hearing Officer that the conveyance may be used for lawful purposes ,
such as, but not limited to:
Personal mode of transportation; commercial passenger transport;
cargo hauling; or other similar use.
-temporary release to the owner or any other interested Party may be
applied for.

Requirements for Temporary Release of Conveyance

1. DENR CONFIRMATION
Written confirmation in the records of the case is entered by the Hearing Officer declaring under oaths:

a. That the official registration papers and supporting documents thereof are secured
b.
c.
d.

and made an integral part of the records of the case. , possession of which shall not
be released unless ordered in the final decision or by other competent authority; and
that the applicant was not among those who were apprehended by virtue hereof,
and is not a respondent in the case of which the conveyance is detained pendent
lite;
For violation of forestry laws, rules and regulations; and that
Available evidence does not in any way indicate the complicity of the Applicant in
the offense cited in the confiscation proceedings.

 Sworn Statement and Undertaking

Sworn Statement shall include:
Declaration.
of the precise nature of his claim thereon;
that he has not previously been held administratively or criminally liable for violation
of forestry laws;
Describing the precise lawful uses to which the conveyance shall/may be applied
during the pendency of the case;
Stating the replacement cost of the conveyance at the time the application is applied;
and
An unconditional undertaking to return possession of the conveyance to the DENR
as may be required for the final disposition of the case,

Posting of Bond

As a precondition to the actual pendente lite release, the Applicant shall post a cash or surety
bond to guarantee the prompt return of the Conveyance to the DENR
No personal or private bond or guarantee or recognizance be admitted for this purpose.
The bond shall be equivalent to one hundred twenty five percent (125%)of the
replacement cost of the conveyance at the time the bond is submitted.
A Cash Bond shall be filed by the Applicant with the nearest DENR Regional , Provincial,
or community office;
Surety Bonds in favor of the government MUST BE from the GSIS or other government
surety,
Original documents evidencing the posting of bonds shall be submitted to the Hearing
Officer and shall form part of the records of the case.

 RECALL OF CONVEYANCE
The conveyance shall be ordered recalled by the HO

In case of misrepresentation in the Application of the Temporary

Release of Conveyance
In case of failure to comply with any representations or undertakings.
In case of failure to return the conveyance in compliance with a
directive issued in the administrative case, the bond shall be called and
forfeited in favor of the government.

RETURN/CANCELLATION OF BOND
When the decision becomes final and executory as outlined and
administrative confiscation of the conveyance is not ordered by the
Government, immediate return thereof to the owner and
cancellation/return of the bond filed .
Unless expressly mandated in the decision the Hearing Officer shall
issue the Release Order.

 Sec 10 ARRESTS AND PROSECUTION OF

OTHER OFFENSES
The Apprehending Officer may,
Whenever circumstances warrants, effect the arrest and detention of any
person(s) apprehended, and deliver them to the proper authorities in
accordance with the provision of PD 705;

Should the evidence ,in any administrative case , so warrant, the HO shall
initiate the filing of a criminal complaint before the City or Provincial
Prosecutor or the MTC of appropriate jurisdiction for preliminary investigation
and prosecution in accordance with law;

Arrests and Prosecution..(cont.)

In all matters pertaining to arrests and prosecution of any person(s) affected, all
DENR personnel concerned shall immediately coordinate with the DOJ;
In initiating and prosecuting criminal charges , the DENR Officer shall in addition
to indictment, contemporaneously file for:
a. Actual damages in an amount equivalent to the value of the illegal forest
products confiscated; as well as
b. Moral and exemplary damages for prejudice to the environment in an
amount equivalent to ten times (10X) the value of the forest products
confiscated .

Arrests and Prosecution..

(cont.)
Should the evidence warrant , the HO, shall send a
complete set of the records of the case duly certified by
him as faithful reproductions of the original documents,
together with written FORMAL INDORSEMENTS..to
other cognizant government agencies for investigation
and prosecution in accordance with law eg.:
BIR,- for failure to pay forestry charges and taxes;
DTI for violation of trade and industry laws;and
SEC

REPORTORIAL REQUIREMENTS
Quarterly reports shall be submitted by the Regional
Offices on
1. STATUS REPORT OF CASES. A complete list of all
administrative cases initiated pursuant hereto
2. LIST OF SEIZED AND CONFISCATED ITEMS
3. ITEMS NOT RECOMMENDED FOR DISPOSITION
4. ITEMS REQUIRING URGENT DISPOSITION

DISPOSITION OF ITEMS CONFISCATED

IN FAVOR OF THE GOVERNMENT
Items confiscated in favor of the government
shall be disposed of in accordance with law.
The disposition of administratively confiscated
items shall be governed by the same
requirement rules of procedure applied by the
DENR Central Committee on Bids and Awards;

MARAMING SALAMAT!!!

Sana may natutunan din

kayo..