INTERNAL MEMORANDUM

FOR:The DirectorFROM:The Legal Officer

SUBJECT:REQUEST FOR CLEARANCE FOR TEMPORARY RELEASE OF TWO TEN WHEELER SADDAM HAULER TRUCKS BEARING PLATE NOS. YDR 941 AND 038605 APPREHENDED AT BRGY. VALENTINA, LA PAZ, AGUSAN DEL SUR

DATE:

Refence:

This refers to the Memorandum of the Regional Director of Region XIII dated 15 January 2015 seeking comments from this Office regarding the above subject.

Facts:

On 15 September 2015, a composite team of PNP, AFP and DENR apprehended 160 pieces/8,341.41 board feet of Kamagong, Narra and Tindalo flitches and two (2) units of Saddam trucks bearing plate nos. YDR 941 and 038605 at Barangay Valentina, La Paz, Agusan Del Sur.

Records reveal that David Deoso Sr., was the owner of the conveyance bearing the plate number YDR 941 while Oscar Lagua was the owner of the other conveyance bearing the plate number 038605.

On 23 September 2015, administrative adjudication proceedings over the subject case was conducted by the CENRO Technical Working Group (TWG). On the said proceeding the TWG recommended for the availment of temporary release of the conveyances pending compliance per Section 9 of DAO 97-32.

On 3 October 2013, David Deoso Sr. and Oscar Lagua filed their respective Application for Temporary Release of Conveyance together with their Affidavit of Undertaking before the office of CENRO Del Monte Talacogon, Agusan Del Sur.

On 15 January 2015, a request for Clearance for Temporary Release of the subject conveyances through a memorandum was filed by the OIC-Regional Director of Region XIII before the DENR Central Office. Issue:

Whether temporary release of the conveyance is appropriate under the given circumstances.

Discussion:

Assuming that the administrative adjudication over the conveyance is still pending (temporary release is not anymore appropriate if the administrative adjudication has been terminated), the following requirements must be met under Section 9 of DAO 97-32 before application for temporary release of the conveyance may be granted, to wit:

1. DENR Confirmation through the hearing officer under oath;2. Sworn Statement and Undertaking; and3. Posting of Bond.

Please be informed however, that the temporary release of the subject conveyance does not require clearance from the DENR Central Office as long as the above mentioned requirements are met.Further, as one of the requisite for temporary release of conveyance, Affidavit of Confirmation by the Hearing Officer must contain the following provisions:

(a) That the official registration papers and supporting documents thereof are secured and made an integral part of the records of the case, possession of which shall not be released unless ordered in the final decision of said case or by other competent authority;

(b) That the Applicant was not among those who were apprehended by virtue hereof and is not a respondent in the case by virtue of which the conveyance is being detained pendente lite;

(c) The Applicant has not previously been held administratively or criminally liable for violation of forestry laws, rules and regulations; and that

(d) Available evidence does not in any way indicate the complicity of the Applicant in the offense cited in the confiscation proceedings.

Lastly, take note that the affidavit of the Hearing Officer must be under oath.Recommendation:

This Office respectfully recommends that absence any standing instruction on the matter, clearance is not required before the Hearing Officer can grant the application for temporary release of the conveyances.

For information and further instruction, if any.

ATTY. ALMA DELOS REYES - LANZO