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ADMINISTRATIVE ADJUDICATION UNDER DAO-97-32

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mark tamayo

on 31 October 2013

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Transcript of ADMINISTRATIVE ADJUDICATION UNDER DAO-97-32

ADMINISTRATIVE ADJUDICATION UNDER DAO-97-32
Without Probable Cause

Section 4.2
Ocular inspection and immediate release
(stamped the documents, affixed the date, fact of inspection, release)
With Probable Cause

Section 4.3(a)
On Site Record of Violation

• Verbally inform the person of the reason for apprehension
• Record the names, addresses, & other info
• Inventory or list all items, date, and affixed your signature
• Let the offender sign
Section 4

GENERAL REQUIREMENT FOR APPREHENSION, CONFISCATION AND SEIZURE

Section 4.1

ON SITE RECORDING AND PRESERVATION OF DATA AND EVIDENCE

• Introduce yourself (full name, rank and official designation)
• Show proper indentification
• Explain the basis of the procedure; if there is probable cause, the reason for the apprehension
Apprehension

–temporary possession and control over illegal
forest products and/or machinery/equipment/tools and
implements used in the possession, gathering,
collecting, processing and or transporting of the same as well as anyconveyance used in transporting such.

Who may apprehend? (
Section 3.1
)
1. Forest Officers
2. Deputies
3. Members of LEA
4. Private Citizen

Section 4.3(b)

Probable cause for apprehension exists if there is:

• An excess of 5% or more (timber) in quantity/volume with what is authorized, documented, manifested or declared
• An excess of 2% (lumber)
• Misdeclaration in the quantity/species
(Note: entire shipment must be apprehended)

Section 4.5

CONVEYANCE

-OR/CR+drivers license
(just secure and take note of the informations and return the documents to the holder)

Section 4.6

ON SITE REPORT

1. Time, date, place of apprehension
2. Full names and addresses of the offenders
3. Full names of all persons accompanying or giving on site assistance to the AO/AT
4. Circumstances that led to the apprehension
(Abandoned or spot check)
5. Names of LGU employees present or other witnesses
6. Preliminary description of the items
Other data, comments, info, observations pertinent on site (NPA infested area)

Section 5

OUTLINE FOR APPREHENSION

After accomplishment of the general requirements for apprehension, APPREHENSION RECEIPT (AR) shall be prepared and given to the offender with the ff. Info:
1. Precise nature of the offense
2. Time, date and place of issuance of AR
3. Full names in print and signature of AO/AT and the offenders

Section 5.2

PROVISIONAL RECEIPT

- shall be issued if more time is required to complete the counting, measurement, description, scaling, weighing and or value estimation and must contain the following info:

• Date, time and place of resumption of such activities


Section 5.3

TRANSPARENCY OF THE WHOLE PROCEEDINGS
-
done in the presence of:

• Offenders, owners, witnesses, custodian, possessor, consignor/ee, other persons claiming or their reps. Or any interested persons
• In their absence, must be noted in the ON SITE REPORT and AR
• Informed and invite any/all of them if possible

Section 6

ADMINISTTRATIVE ADJUDICATION (SEIZURE)

-Taking possession and control of items apprehended for
the purpose of holding the same under custodia legis

Section 6.1

DELIVERY

- The apprehended items must be delivered to a SO.

Who may act as SO-
Section 3.2
1. RED,RTD,
2. PENRO, SFMS, SEMS
3. CENRO, LMO III, FMO III
4. Other officials designated by the SECretary

Note:
Issuance of SR that must contain the date, place,
time, name of AO/AT,list of items and if delivery cannot
be effected, temporary safekeeping at the nearest
government office, otherwise, AO/AT must keep it until
delivery to SO.

Without prima facie case:

Release

With prima facie case:

Issue Seizure Order

Note:
If the conveyance used is a govt vehicle, release to highest regional official

Section 6.2

SO shall verify the existence of prima facie case by personally examining the AO/AT and their witnesses
Section 7

ADJUDICATION PROCEEDINGS

Section 7.1

ISSUANCE OF NOTICE OF HEARING

-Within 1 CW from issuance of SO or upon request of any party 2CW

Section 7.2

HEARING PROPER (SEIZURE OFFICER IS ALSO HEARING OFFICER)

• Summary hearing
• Counsel allowed
• Rules of court suppletory
• Submission of memorandum





Section 7.4

DECISION
- hearing officer recommends to the RED

Section 7.5

MOTION FOR RECONSIDERATION
-15 cd from receipt of Decision

Section 7.6

APPEAL
–to OSEC- 15 cd from receipt of the Order denying the MR

Section 7.7

DECISION OF THE SECRETARY
-OSEC decides upon recommendation of USEC for Legal
• MR
• Appeal to OP

Section 7.8

EXECUTIVE DECISION
-Once the decision is already final and executor; the USEC for Legal shall issue a Certificate of Finality with a recommendation for its execution

Section 7.9

TERMINATION OF THE CASE
-The moment the SEC approves the recommendation of the USEC for Legal, the item shall become permanent property of the government and the case is deemed closed and terminated

Section 7.3

DISPUTABLE PRESUMPTION

1. 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;

2. The registered owner and/or operator/driver of a conveyance used in the commission of the offense had full knowledge and willingly participated therein by providing the conveyance for the illegal purpose to which said conveyance was applied.

3. Any forest products included within Section 2(a) hereof were obtained from an illegal source.
Section 8
ABANDONED ILLEGAL FOREST PRODUCTS

AO shall:

1. Photograph and document the items and the scene of of the crime
2. Shall identify, date, caption, and write his full name and affix his signature at the back of each photo
3. Notice of Apprehension shall be left on site (nearest tree, wall or similar structure) with the following Info:

• Date, time and place of apprehension
• Full name, designation and signature of AO
• Inventory
• Summary statement of violation
• Full name and office address of the So to whom the items will be delivered
• Notice of Hearing shall be posted 3X every week for 3 consecutive weeks in 3 public place:(brgy hall,. Bulletin board, municipal hall)(Failure to appear, waiver, DO NOT WAIT!)

Section 9
TEMPORARY RELEASE OF CONVEYANCE

-for personal, commercial or any legal use

Requirements:
1. Orig OR/CR
2. Applicant/movant is:
• not among the apprehended offenders
• not previously held admin/crim liable for violation
• Available evidence does not indicate participation therein
• Must execute an Affidavit of Undertaking containing the following:

(a) declaring the precise nature of his claim thereon;
(b) declaring that he has not previously been held administratively or criminally liable for violation of forestry laws;
(c) describing the precise lawful use(s) to which the conveyance shall/may be applied during the pendency of the case;
(d) stating the replacement cost of the conveyance at the time the application is filed; and
(e) an unconditional undertaking to return possession of the conveyance to the DENR as may be required for the final disposition of the case.
• Post a bond (surety or cash)
(Surety-125% of replacement cost from GSIS or other govt surety)

(cash- replacement cost)
.
Note:
Orig docs must be submitted.

Section 9.4

RECALL OF CONVEYANCE

-Misrep or failure to comply with undertaking

Section 9.5

RETURN OR CANCELLATION OF BOND

-When the Decision in a case becomes final and executory as outlined above 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 in connection therewith shall be ordered. Unless expressly indicated in the body of the Decision of the case, the Hearing Officer shall forthwith issue an Order citing said Decision, a copy of which shall thereto be attached, mandating the immediate release of the conveyance to the Owner thereof, together with an order for the cancellation of the surety bond or return of the cash bond submitted as hereinabove required.
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