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DENR Administrative Order NO. 2008 - 22
Transcript of DENR Administrative Order NO. 2008 - 22
Definition of Terms
Deputy Environment and Natural Resources Officer (DENRO)
individuals or groups duly deputized by the DENR, for a period of one year or longer, over a specific area of jurisdiction and sector (e.g. Forestry, Mines) as stated in the.deputationorder.
Special Deputy Environment and Natural Resources Officer (SDENRO)
persons or entities duly deputized by the DENR, to act on specific
case or cases for a specified period under a special deputation order. SDENROs must have knowledge and technical capability on the enforcement of particular environment and natural resources laws, rules and regulations.
Mines and Geosciences Bureau
By: Engr. Ivan Fernandez Macandog
REVISED GUIDELINES ON THE DEPUTATION OF
ENVIRONMENT AND NATURAL RESOURCES
LEGAL BASIS FOR DEPUTATION OF ENRO's
Individuals or groups that are willing to be involved in the protection and conservation of the country's environment and natural resources through the issuance of a deputation order by the DENR.
Functions and Duties of DENRO's
Assist in the enforcement of laws, rules and regulations governing mineral lands and other lands under the jurisdiction of the DENR within their locality;
Assist in the issuance of apprehension receipts, seizure orders and notices of administrative hearings;
Arrest, even without warrant, any person who has committed or is committing offenses provided in environmental and natural resources laws, rules and regulations;
Deliver within the period prescribed by law from the time of arrest and seizure, the offender including the apprehended natural resources products, tools equipment and conveyances and coordinate with the appropriate official designated by law;
Act as witness in Court for the speedy prosecution of criminal complaints against violators;
Assist in the conduct of environment and natural resources information campaign;
Submit monthly accomplishment reports to the CENRO or to the Field Operations Office or in the case of SDENRO, the Regional Technical Director Regional Director or Bureau Director having jurisdiction over their area of responsibility.
Individuals & Groups Qualified for Deputation
Filipino citizen (natural born or naturalized) of legal age.
Duly elected or appointed local government officials,
Military and Police Officers;
Environment and Natural Resources Officers (ENROs) of the local government units;
Company Foresters and Concession Guards of TLA Holders and other tenurial instrument holders
Qualified employees of FTAA and MPSA holders;
Participants of the BFMP,ADMP and other members of Multi-Sectoral Committees created under DENR rules and regulations;
Members of DENR-accredited non-government organizations;
Other individuals that may be deputized upon the discretion of the Secretary.
Resident of, or assigned to, the area specified in the deputation order;
Knows how to read and write;
Physically fit and mentally sound;
Of good moral character;
Should have passed the orientation or training courses
Willing to perform the functions and duties of a DENROISDENRO without compensation; and
Not engaged in business which involves licensing requirements from DENR or has no conflict of interest with the task he/she may perform under the deputation.
Deputation Procedures for DENRO
For members of groups with community and up to region-wide membership:
.Group applications shall be submitted to the Regional Office accompanied by the following documents:
Certified copy of Certificate of Registration with the SEC, CDA, NClP or other accrediting office;
Certificate of organization's accreditation issued by the DENR;
Sworn Statement by the president/head of the group that the members who will be deputized are willing to perform the functions and duties of DENRO without compensations; and
List of members who will be deputized and their bio-data with group certification that they are: physically and mentally fit; and of good moral character.
b. The Office of the RED shall validate that the applicant has no record of violations of any ENR rules and regulations. Only applicants with complete documents and found to have no record of violations of any ENR rules and regulations shall be recommended for training
Non-qualifying applicants shall be informed in writing stating the grounds for rejection the application such as derogatory records, failure to comply with provisions of agreements in previous dealings with DENR and other governing agencies and similar
c. The RED shall authorize the Regional HRD Staff to conduct training of qualified applicants which will commence fifteen (15) days after the end of the application period.
The trainees shall be evaluated by the Regional HRD Staff, based on performance criteria to be developed by the Office of the Undersecretary for Field Operations. Those who do not pass the performance evaluation shall be informed in writing within 5 days after the last day of the orientation/training.
e. The RED shall issue all deputation orders to successful trainees after clearance from the Office of the Undersecretary for Field Operations.
Orientation and Training
The training/orientation module shall consist of, but not limited to, basic knowledge on environmental and natural resources laws, rules and regulations, investigation report preparation, preparation of and filing cases in court and surveillance techniques.
To update DENRO, SDENRO and members of the SDENRO pools on environment and natural resources sector including laws, rules and regulations, training shall be conducted once a year Failure of the DENRO or the SDENROs to attend the training shall be a ground for the automatic revocation of their deputation orders. Failure of the SDENRO pool member to attend training shall be ground for dropping him/her from the pool. The Regional Executive Director shall be responsible for the regular evaluation of the DENROs/SDENROs. The Regional Human Resources Development Division shall submit a report to the HRDS Central Office for purposes of monitoring the said activity
The performance and compliance of the DENRO shall be evaluated by the CENRO or the Undersecretary for Field Operations. The performance of the SDENRO shall be evaluated by the respective RTDs/RDs/Bureau Directors. The Office of the Undersecretary for Field Operations (OUFO) shall formulate the criteria, standard and evaluation system to be used in the performance evaluation.
PERFORMANCE EVALUATION OF DENRO
When the specific case that gave rise to the approval and issuance of the Special Deputation Order is terminated or ceases to exist even prior to the expiration of the said deputation order.
When the DENRO is found to be ineffective in the implementation of DENR laws, rules and regulations based on ,the performance evaluation as provided for in Section 9 hereto
When found guilty in an administrative proceeding that he/she violated the Terms of Reference (TOR) for deputation; the DENR can also file a case against him/her.
When the DENRO fails to attend the training referred to in item
When the DENRO fails to submit monthly accomplishment reports for three (3) consecutive months.
Revocation/Termination of the Deputation Order
The results of the Regional Offices performance evaluation and attendance to the training as provided in item 8.1, Section 8 hereof shall be the bases for the renewal of the Deputation Order for DENROs with prior clearance from the Office of the Undersecretary for Field Operations.
A. General Procedures
Application for renewal of deputation of individuals and members of groups with community and up to region-wide membership shall be processed and approved within the respective regions.
Application for renewal of deputation of members of groups with multi-regional and/or nationwide membership shall be processed at the Central Office.
B. Specific Procedures
At least one month before the expiry of the Deputation Order, DENROs shall manifest their intention to remain as DENROs by submitting an application for renewal to the CENRO/Regional Office Undersecretary for Field Operations as the case may be.
The renewal application shall be accompanied by a medical certificate and Sworn Statement that the applicant is willing to continue to undertake the functions and duties of a DENRO without compensation.
The group's renewal application shall be accompanied by Sworn Statement by the president/head of the organization or Copy of the Board Resolution indicating the members listed is/re willing to continue to be,without compensation, list of members that are willing to continue to be deputized and medical certificates of the listed members. Only DENROs with complete renewal applications and documentation shall be accepted.
The CENRO/Office of the Undersecretary for Field Operations shall evaluate the application for renewal and validate that the DENROs have no record of violations during the period he/she was appointed as DENROs. The renewal application shall be transmitted to the RED or the Secretary or his/her authorized representative recommending for approval/disapproval of the application.
The RED or the Secretary or his/her authorized representative shall issue the deputation order before the date of termination of the original deputation order.
Renewal of Deputation Orders for DENROs