Presidential Decree No. 705; Jurisdiction of the Court, DENR, and other Partner Agencies over Forest Products and Conveyances seized

JURISDICTION OF THE COURT,
DENR, AND OTHER PARTNER
AGENCIES OVER
FOREST PRODUCTS AND
CONVEYANCES SEIZED PURSUANT
TO PD 705

BASES OF
AUTHORITY
OF THE DENR

Legal Bases
a. PD 705 Section 68 (now 77)
The provision, as amended by Executive
Order No. 277 (1987), states:
SEC. 77. Cutting, Gathering and/or Collecting
Timber, or Other Forest Products Without
License. Any person who shall cut, gather,
collect or remove timber from alienable and
disposable public land, or possess timber or
other forest products without the legal
documents as required under existing forest
laws and regulation, shall be punished with
the penalties imposed under Articles 309
and 310 of the Revised Penal Code.

Section 77 punishes:
1. Cutting, Gathering, Collecting or
Removing Timber or Other Forest
Products from any Forest Land without
Authority;
2. Cutting, Gathering, Collecting or
Removing Timber from Alienable and
Disposable Public Land or from Private
Land without Authority;
3. Possessing Timber or Other Forest
Products without Legal Documents.

Legal Bases
b. PD 705 Section 68-A (now 77-A)
SEC. 77-A. Administrative Authority of the
Department Head or His Duly Authorized
Representative to Order Confiscation - In all
cases of violations of this Code or other forest
laws, rules and regulations, the Department
Head or his duly authorized representative,
may order the confiscation of any forest
products illegally cut, gathered, removed, or
possessed or abandoned, and all conveyances
used either by land, water, or air in the
commission of the offense and to dispose of
the same in accordance with pertinent laws,

Legal Bases
c. DAO 97-32, Series of 1997
DAO 97-32, Series of 1997
Rules for the Administrative Adjudication of
Illegal Forest Products, Machinery,
Equipment, Tools and Conveyances Used in
Connection Therewith

ILLEGAL FOREST PRODUCTS
(SEC. 2a DAO 97-32)
Any forest products that are removed,
cut, collected, possessed and/or
transported:
1. Without the requisite authorization
or permit; or
2. With incomplete required
supporting documents; or

(SEC. 2a DAO 97-32)
3. With genuine authorization or
permit and/or supporting
documents that have an expired
validity, have been cancelled or that
contain forged entries;
4. With spurious (fake) authorization,
permit and/or support
documentation.

DEFINITIONS
(SEC. 1 DAO 97-32)
APPREHENSION
The act of taking temporary possession and
control over those illegal forest products, and
the machinery, equipment, tools,
implements, and conveyance used in the
possession, gathering, collecting, processing
and or transporting the same, by persons
authorized by law.

DEFINITIONS
(SEC. 1 DAO 97-32)
SEIZURE
It is the official act of taking by persons
authorized by the Rules those apprehended
items into government custody, pending
formal administrative proceedings for the
disposition thereof.
CONFISCATION
The official act of the DENR declaring that
items seized become property of the

DEFINITIONS
(SEC. 1 DAO 97-32)
FORFEITURE
Declaration of the seized items as property of
the government through judicial proceedings
as submitted by the DENR.
FOREST OFFICERS
Officials and employees of the DENR charged
with the enforcement of forestry laws rules
and regulations of the Philippines

ITEMS SUBJECT OF APPREHENSION
(Section 2 DAO 97-32)
- no permit
- incomplete supporting
documents as required by DENR
regulations
- expired permit
- spurious permit
MACHINERY, EQUIPMENT, TOOLS,
IMPLEMENTS
CONVEYANCE- any mode (land, water, air)

PERSONS AUTHORIZED TO MAKE
APPREHENSIONS
(SEC. 3 DAO 97-32)
1. FOREST OFFICERS
2. DEPUTIES (gov.t officials and private
citizens duly deputized by the DENR)
3. Members of Law Enforcement Agencies
4. Private citizens as provided by law

ADMINISTRATIVE SEIZURE
(SEC. 3(2) DAO 97-32)
It takes effect when, for the purpose of
holding the same in custodia legis, the ff.
authorized DENR Officers actually takes
delivery from an apprehending officer and
thereby assumes possession/control of
the items:
1. Regional Executive Director or any Regl Techl
Dir.
2. PENRO or PENRO Forestry Specialist
3. CENRO , Forester III or LMO III
4.Those DENR officials designated by the DENR

Legal Bases
d. Rule 12, Section 1 and 2 of the Rules
of Procedure for Environmental
Cases (AM 09-6-8-SC 4/29/2010)
SECTION 1. Custody and disposition of seized
items.
The custody and disposition of seized items
shall be in accordance with the applicable
laws or rules promulgated by the concerned
government agency.
(DENR- DAO 97-32 in rel. to Sec. 77, 77-A PD
705)

Legal Bases
e. Legal Opinion of DOJ Secretary Leila de
Lima as contained in Memo to Sec.
DENR dated July 12, 2012
“For so long as Section 68-A of the Revised
Forestry Code remains effective, the DENR
may confiscate vehicles found to be
transporting illegally sourced forests
products in violation of Section 68 of the
same Code”

SOME
JURISPRUDENCE
AFFIRMING
AUTHORITY OF
THE DENR

PAAT VS. CA (G.R. NO. 111107)
A replevin suit (recovery of posession of
personal property) is not a remedy to recover
products/conveyances seized/confiscated by
DENR.
Court Cannot issue Writ of Replevin on such
case
It is an unjustified encroachment into the domain of
the administrative agency's prerogative. The doctrine
of primary jurisdiction does not warrant a court to
arrogate unto itself the authority to resolve a
controversy the jurisdiction over which is initially
lodged with an administrative body of special
competence.

The continued possession or detention of the
truck by DENR for administrative forfeiture
proceeding is legally permissible (Section 77-
A).
It is given authority to confiscate and forfeit
any conveyances utilized in violating the Code
or other forest laws, rules and regulations.
The only limitation is that it should be made
in accordance with pertinent laws, regulations
or policies on the matter.

The enforcement of forestry laws, rules and
regulations and the protection, development
and management of forest lands fall within
the primary and special responsibilities of the
Department of Environment and Natural
Resources. By the very nature of its function,
the DENR should be given a free hand
unperturbed by judicial intrusion to
determine a controversy which is well within
its jurisdiction.

CALUB VS CA(G.R. NO. 115634, 2000)
Status of Seized Forest Products and
Conveyances
Since there was a violation of the Revised
Forestry Code and the seizure was in
accordance with law, in our view the subject
vehicles were validly deemed in CUSTODIA
LEGIS (by the DENR).
Note: DENR has legal custody once it issued
seizure receipt/order, apprehension receipt

DAGUDAG vs PADERANGA
A.M. No. RTJ-06-2017 June 19, 2008
Judge Paderanga’s acts of taking cognizance
of the replevin suit and of issuing the writ of
replevin constitute gross ignorance of the law.
Judge Paderanga was dismissed for GUILTY of
GROSS IGNORANCE OF THE LAW
The Court held that all actions seeking to
recover forest products in the custody of the
DENR shall be directed to that agency-not the
courts

DENR Reg. VIII vs DARAMAN
(February 15, 2002)
Acquittal of accused does not ipso facto result in release of
conveyance by the court
Hence, the original and exclusive jurisdiction over the
confiscation of “all conveyances used either by land, water or air
in the commission of the offense and to dispose of the same” is
vested in the Department of Environment and Natural
Resources (DENR) secretary or a duly authorized representative.
The guilt or the innocence of the accused in the criminal case is
immaterial, because what is punished under Section 68 is the
transportation, movement or conveyance of forest products
without legal documents.
We also uphold petitioner’s argument that the release of the
vehicle to private respondents would defeat the purpose and
undermine the implementation of forestry laws.

Section 45 of Revised Penal Code
Confiscation and forfeiture of the proceeds or
instruments of the crime. — Every penalty
imposed for the commission of a felony shall
carry with it the forfeiture of the proceeds of
the crime and the instruments or tools with
which it was committed.
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the
Government, unless they be property of a third
person not liable for the offense, but those
articles which are not subject of lawful

Momongan v. Judge Omipon
A.M. No. MTJ-93-874, March 14, 1995, 242
SCRA 332
Judicial confiscation distinct from DENR
administrative confiscation
“The confiscation proceedings under
Administrative Order No. 59 (now DAO 97-32)
is different from the confiscation under the
Revised Penal Code, which is an additional
penalty imposed in the event of conviction.”

Momongan v. Judge Omipon
A.M. No. MTJ-93-874, March 14, 1995, 242
SCRA 332
Although the DENR Secretary or his duly
authorized representatives have the power to
confiscate any illegally obtained or gathered
forest products and all conveyances used in
the commission of the offense, based on
Section 68-A of PD No. 705, this power is in
relation to the administrative jurisdiction of
the DENR. The act of Judge Omipon of
releasing the truck did not violate PD No. 705
because his act did not render nugatory the
administrative authority of the DENR

JURISDICTION
OF PROSECUTOR OFFICE,
PNP, LGU AND OTHER
PARTNER AGENCIES

ROLE OF THE PROSECUTOR
(Source book on Environmental
Rights and Remedies – SC- UNDP)
1. Entertain Complaints/Commence Investigation
2. Conduct Preliminary Investigation or Inquest
Investigation
3. Investigate Strategic Lawsuit Against Public
Participation
4. File Information before the Proper Court
The Public Prosecutor has the authority to
see to it that all evidence (forest products,
conveyance) shall be properly preserved and
secured for presentation in court in relation
to the criminal case pending in courts

Agencies Tasked with the
Enforcement of Environmental Laws
1. Philippine National Police
2. Philippine Coast Guard
3. National Bureau of Investigation
4. Armed Forces of the Philippines
5. Department of Environment and Natural
Resources
a. Environmental Management Bureau
b. Forest Management Bureau
c. Mines and Geosciences Bureau
d. Protected Areas and Wildlife Bureau

Agencies Tasked with the
Enforcement of Environmental Laws
6. Department of Agriculture: Bureau of
Fisheries and Aquatic Resources
7. Local Government Units
8. Department of Transportation and
Communications
9. Department of Health

PHILIPPINE NATIONAL POLICE (PNP)
The primary agency tasked with the
enforcement of laws is the Philippine National
Police. The agency has the following functions:
a. Law enforcement;
b. Maintenance of peace and order;
c. Prevention and investigation of crimes and bringing offenders
to justice;
d. Exercising the powers vested by the Constitution and pertinent
laws;
e. Detaining an arrested person within the period prescribed by
law; and
f. Implementation of pertinent laws and regulations on firearms
and explosives control

LOCAL GOVERNMENT UNITS
The environmental laws all recognize the
authority of the Local Government Units (LGUs)
to enforce laws within their respective
jurisdictions. The Philippine Fisheries Code
provides that municipalities have the authority
to enforce laws within their respective
jurisdictions. Both the Clean Air Act and the
Clean Water Act recognize the responsibility of
the LGUs in the management of air and water
within their territorial jurisdiction. Consistently,
the DENR has deputized forestry-related
functions to the LGUs.

ISSUES
1. The DENR has legal custody of the
forest products, conveyances
covered by seizure/apprehension
receipts/orders, hence prior to the
disposition of these items by
actual custodian, apprehending
officer, notice must be given to
DENR for its concurrence.

ISSUES
2. Does the physical custodian has
unilateral authority and power to
dispose off the forest products,
conveyances without notice to legal
custodian and or court?
- With criminal case
- Without pending criminal case
- With terminated criminal case
- Without criminal case but with pending/
terminated administrative confiscation
by the DENR

ISSUES
3. Rules on disposition of forest
products, conveyances subjected to
DENR processes
a. If subject of pending criminal
complaint/case – subject to the
discretion of the court and
concurrence of the Public Prosecutor
b. If confiscated/seized by the DENR-
subject to the approval of DENR RED
or higher authority

ITEMS NOT RECOMMENDED FOR
DISPOSITION (Section 11(3) DAO 97-32)
(a) the same had been submitted in evidence
to a court or other government agency in
connection with the prosecution of
offenders in judicial or other proceedings,
b) the same are recommended for the use of
DENR for a specified purpose or activity;
(c) the same are recommended for donation
until approval of the donation

RECOMMENDED ACTIONS
1. Immediate inventory of seized
forest products, conveyances
which are subject of criminal
complaints/cases pending with
Green Courts and PPO
(DENR RED has ordered CENRO Naguilan and
PENRO Isabela to immediately conduct such
inventory to address concerns of Court and

RECOMMENDED ACTIONS
2. Immediate return of
conveyances/revocation of undertaking by
the owner which has already been
confiscated in favor of the government.
- RDR 805- undertaking by SB Viernes
apprehended for the 2nd
time
from registered owner
- WSZ 307 – undertaking by John Carlo Lungan
confiscated by DENR Aug. 8,
2013
Will request owner to

RECOMMENDED ACTIONS
3. Monitoring of the DENR of the
actual use of conveyances under
MOA to LGUs/LCEs
4. Close coordination with partner
agencies to secure seized items,
preserve its economic value and
effectively prosecute offenders

The Court takes this opportunity to enjoin the National
Police, the DENR, the prosecutors, and the members of
the bench to coordinate with each other for a successful
campaign against illegal logging. It behooves all the
concerned agencies to seriously strive for the attainment
of the constitutionally-declared policy to "protect and
advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and
harmony of nature" in order to preserve our natural
resources for the benefit of the generations still to come.
EXCERPT FROM THE RULING OF
THE SUPREME COURT
IN MOMONGAN VS JUDGE OMIPON:

MABBALO!
ATTY. ISMAEL T. MANALIGOD
Chief , Legal Division DENR Region 2
September 18, 2013 Ilagan, Isabela

Presidential Decree No. 705; Jurisdiction of the Court, DENR, and other Partner Agencies over Forest Products and Conveyances seized

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Presidential Decree No. 705; Jurisdiction of the Court, DENR, and other Partner Agencies over Forest Products and Conveyances seized

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