INTERNAL MEMORANDUM

FOR

The Director

FROM

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; and
3. 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