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(NAR) VOL. 25 NO. 2 / APRIL - JUNE 2014

[ NPC CIRCULAR NO. 2014-014, April 25, 2014 ]


Adopted: 25 April 2014
Date Filed: 06 May 2014

Pursuant to the provisions of Executive Order (E.O) No. 224, Presidential Decree (PD) No. 705, as amended, and other pertinent policies, rules and regulations, these Rules for the administrative apprehension, seizure, confiscation, and disposition of illegally possessed, cut, gathered, removed, or transported forest products, the machineries, equipments, tools and implements used in connection therewith, and of the conveyances used to move or otherwise transport the same, are hereby promulgated.

SECTION 1. Definitions. – As used in this Circular, the following terms shall be defined and/or construed as indicated below:

  1. APPREHENSION - The initial measures taken by the NPC or its agents, after having determined the existence of probable cause, with respect to the items listed in Section 3 hereof which are found to be in the possession, control or custody of the violator/s.
  2. SEIZURE - Upon determination of the existence of a probable cause against the offender / s, seizure is the official act of taking by persons authorized herein to take those items listed in Section 3 hereof into government custody pending formal administrative proceedings for the disposition thereof.
  3. CONFISCATION - Upon determination of guilt in administrative proceedings outlined hereunder and after due process and hearing, confiscation is the official act of the NPC declaring that items listed in Section 3 hereof become property of the Government of the Republic of the Philippines.
  4. FORFEITURE - When items listed in Section 3 hereof are submitted by the NPC for disposition and the surrender thereof in favor of the Government of the Republic of the Philippines.
  5. FOREST PRODUCTS - Refer to timber including lumber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, charcoal, or other forest growth, such as but not limited to grass, shrub, flowering plants, the associated water, fish, game, scenic, historical, recreational, and geologic resources in forest lands; and
  6. FOREST OFFICERS - Officials and employees of the NPC charged with the enforcement of forestry laws, and other pertinent rules and regulations of the Government of the Republic of the Philippines.

SECTION 2. Coverage. This Circular governs for the administrative adjudication of persons violating forest laws and other pertinent rules and regulations as well as in the disposition of illegal forest products and the machineries, equipments, tools and conveyances used in connection therewith apprehended/ confiscated/ seized within NPC watershed managed reservations and other areas in which it has existing co-management agreement with other entities.

SECTION 3. Items subject to apprehension, seizure, confiscation and forfeiture.

  1. ILLEGAL FOREST PRODUCTS - Any forest product(s) defined in Section 1(e) above that are removed, cut, collected, caught, processed and/or transported: (a) without the requisite authorization or permit; or (b) with incomplete required supporting documents; (c) with genuine authorizations or permits and/or supporting documentation that have an expired validity, have been cancelled or that contain forged entries; or (d) with spurious (fake) authorizations, permits and/or supporting documentation. In implementing these Rules, original documents shall be required at all times to actually accompany any forest products being moved or transported to any place and for any purpose. Whenever the requisite authorization and/ or supporting documentation are required to but do not actually accompany the forest products, such absence constitutes a violation covered by these Rules. Any forest product in excess and above the given quantity and quality pursuant to Section 5 Paragraph 4 shall also be considered as illegal forest product.
  2. MACHINERY, EQUIPMENT, TOOLS and IMPLEMENTS - used in the possession, gathering, collecting, processing and/or transporting of illegal forest products; and
  3. CONVEYANCE - any mode or type or class of vehicle or craft or any other means used for transportation either on land, water, air, or any combination thereof, whether motorized or not, used for or in taking and/or maintaining temporary or permanent possession or control, gathering, collecting, processing, disposing of, or otherwise transporting, moving or transferring illegal forest products.

SECTION 4. Persons Authorized to Make Apprehensions and Effect Seizures.

  1. APPREHENSION - The following persons collectively known as apprehending officers, are authorized to apprehend items outlined in Section 3 hereof:
    (a) Forest Officers as defined in Section 1(f) hereof;
    (b) Deputies (i.e., other government officials and private citizens duly deputized by the NPC President or his duly authorized representative);
    (c) Members of law enforcement agencies; and
    (d) Private citizens as provided by law.

  2. SEIZURE - The administrative seizure of illegal forest products takes effect when, for the purpose of holding the same in custodia legis, any NPC Officer designated as a Seizure Officer actually takes delivery from an apprehending officer as described in Section 4 hereof and thereby assumes possession/control of item(s) apprehended pursuant hereto. Only the following are designated Seizure Officers with authority to effect the administrative seizure of items listed in Section 2 hereof within their respective areas of operation: (a) The WAT Chief or any Senior Watershed Management Specialist (SWMS) or Other Officers of the same rank actually assigned to the area of apprehension at the time thereof;
    (b) The President may, from time to time, designate in writing such other NPC Officers for the purpose.

SECTION 5. General Requirements for Summary Administrative Apprehension, Seizure and Confiscation. Upon inspection or interception of items listed in Section 3 hereof, or upon the discovery of such items that are abandoned, or whose owner, claimant, custodian or other interested party is absent or cannot be determined, the apprehending officer shall observe the following summary procedures:

On-site recording and preservation of data and evidence. The following procedures shall be complied with:

  1. ON SITE DETERMINATION OF PROBABLE CAUSE - Upon encountering a possible violation of forestry laws, rules and regulations, the apprehending officer shall establish his/her/their authority by identifying themselves to any person(s) witnessing the activity by stating their full name, rank and official designation. They shall exhibit their current NPC Identification Card, if they are NPC officials or personnel, if not, their duly issued identification card. The apprehending officers shall invoke these Rules and announce the commencement of a verification procedure. They shall then verify the existence of probable cause for an apprehension as outlined below.

  2. OCULAR INSPECTION AND IMMEDIATE RELEASE - Conduct an ocular inspection of all required authorizations cited in Section 3 hereof. If all requisite authorizations, permits, and accompanying documentation are verified to be in order, and the probable cause for an apprehension is absent, the release of all items inspected must be effected immediately. In such cases, the official NPC seal of inspection/verification must be rubberstamped or otherwise affixed on the face of all transport documents inspected in connection herewith. In the absence of an official NPC seal, they shall write the date, state the fact of inspection, and the release. After which the apprehending officers shall affix their signatures above their full printed name in the official log book for the matter.

  3. ON-SITE RECORD OF VIOLATIONS - Should inspection pursuant to the preceding paragraph indicates a violation of forestry laws, rules and regulations, and the probable cause for an apprehension is present, the apprehending officer shall immediately: (a) verbally inform the person(s) apprehended of his findings and announce that he is making an apprehension in accordance with these Rules; (b) recite the constitutional rights of the persons apprehended to remain silent and to have a competent and independent counsel of his own choice (MIRANDA rights), etc. (c) prepare a written ON-SITE RECORD of the names, addresses and other available data of all persons found in possession, exercising control and/or supervision over, or performing or otherwise involved in the possession, supervision, control, cutting, gathering, processing and/or transporting the item(s); and (d) recording of the itemized list of all on-site machinery, equipment, tools, and implements used in the commission of or otherwise connected with the offense. The apprehending officers shall then indicate the date and sign the ON-SITE RECORD, and request the offender(s) to sign the same above their printed names. In case of refusal to sign as herein required, that fact or circumstances and reason, if any, of such refusal shall be written thereon in their presence, as proof of such action.

  4. APPREHENSION AND DELIVERY OF OFFENDERS TO THE NEAREST POLICE STATION - The apprehending officer shall also take temporary custody of the person apprehended for the sole purpose of delivering him/her immediately to the nearest police station for proper disposition. The apprehending officer shall, as much as possible, submit all available and necessary documents to the police station to support the filing of complaint against the offender.

  5. ON SITE DETERMINATION OF FRAUDULENT MISREPRESENTATION PREJUDICIAL TO THE GOVERNMENT – Intent to defraud the Government shall be presumed: (a) In case the quantity or volume of a shipment or stock of forest products exceeds what is authorized, documented, manifested or declared: (i) by five percent (5%) or more, in case of timber, and/or (ii) by two percent (2%) or more, in case of lumber; and/or
    (b) Upon discovery of a misdeclaration on the quantity and species being verified pursuant hereto.

In all such cases, the entire shipment shall be considered illegal due to fraudulent misrepresentation with intent to prejudice the Government of the Republic of the Philippines. Such shipments shall be apprehended/seized, and subject to confiscation or forfeiture proceedings. The apprehending officer shall effect the apprehension and proceed as hereunder outlined even if the requisite authorizations and supporting documents for all or part(s) of said shipment are verified to be otherwise in order.

  1. ON-SITE CONVEYANCE CHECK - In case the violation noted involves the use of a conveyance, as herein defined, the apprehending officer will announce the apprehension thereof. Should the conveyance require government registration, the apprehending officer will require the presentation thereof and will inspect (a) the Certificate of Registration (b) the Official Receipt of its ownership (c) the Driver's License or similar authorization. Said documents shall be returned to the holder thereof upon notation of his identity and address, as well as of the name and address of the owner of the conveyance, its license plate number and other identifying marks or information.

  2. ON-SITE-REPORT - In addition to the foregoing, the following information, if available, shall be recorded immediately upon apprehension, (1) time, date and place of apprehension; (2) full name and address of the offender(s); (3) full names of all persons accompanying or providing on-site assistance to the apprehending officer or individual; (4) circumstances that led to the apprehension (e.g., discovery of abandoned items, spot check by monitoring team, verification of absent, lacking, forged or spurious documentation, etc.); (5) names of local government officials present and/or of other person(s) witnessing the apprehension; (6) preliminary description of the item(s) being apprehended; (7) place, time and date of origin and intended destination, consignors and consignees of the items being apprehended; and (8) such other data or information and comments, observations and recommendations as may be available or pertinent on-site.

SECTION 6. Outline of Procedures for Summary Administrative Apprehensions. The following procedures shall be complied with for the summary administrative apprehension of items listed in Section 3 hereof:

  1. APPREHENSION RECEIPT - After finding the existence of probable cause to make an apprehension and upon completion of the foregoing procedure, the apprehending officer shall issue and hand-over to the offender an Apprehension Receipt, which shall contain the following: (a) the precise nature of the offense cited; (b) the time, date and place of issuance of the Apprehension Receipt; and (c) the full names in print and signatures of both the apprehending officer and of the offender(s). Should the offender(s) refuse to sign or acknowledge, in writing, his receipt of the Apprehension Receipt, or refuse to take delivery thereof, such fact shall also be stated in writing on the Apprehension Receipt with an explanation therein. The Apprehension Receipt shall also indicate the detailed information of apprehended materials.

  2. PROVISIONAL APPREHENSION RECEIPT Should the counting, measurement, description, scaling, weighing, and/or value-estimation of the items being apprehended, and/or of any other documentation activity related thereto remain incomplete at the close of regular office hours of the day when the apprehension was made, when more time is required to complete the same, the apprehending officer shall explain and reflect the same in the Apprehension Receipt. In such cases the Apprehension Receipt shall be prominently marked with the word PROVISIONAL. The Provisional Apprehension Receipt shall also state the date, time and place where the uncompleted documentation activity will resume. This procedure shall be followed each day that the documentation activity remains incomplete until final completion thereof.

  3. TRANSPARENCY OF APPREHENSION PROCEEDINGS - As much as possible, the documentation activity outlined above shall be undertaken with full transparency and in the presence of the offender(s), owner, custodian, possessor, consignor, consignee, or other person(s) claiming the apprehended items or representatives of any of said persons, as well as any other concerned or interested persons. If the documentation activity is undertaken in the absence of anyone interested therein or their presence cannot be required/obtained or it is impractical, such fact shall be stated on both the INCIDENT REPORT and APPREHENSION RECEIPT with an explanation, if any. Moreover, the apprehending officer shall immediately implement such measures to ensure that any persons, if known, who have an interest in the apprehended item(s) be informed of the reasons(s) for the apprehension, as well as invite said person(s) to attend every proceedings, stating the date, time and date when such proceeding will commence or resume.

SECTION 7. Outline of Procedures for Summary Administrative Seizure. The following procedures shall be complied with the summary administrative seizure of items listed in Section 3 hereof.

  1. DELIVERY As soon as possible after items are apprehended as outlined above, the same shall be delivered by the Apprehending Officer to the nearest Seizure Officer authorized pursuant to Section 4 hereof, who shall forthwith sign and issue a Seizure Receipt stating the date, place and time, name of Apprehending Officer(s), and containing an itemized list of the item(s) delivered to him. In case such delivery of any apprehended item(s) is impracticable, the Apprehending Officer shall deposit the same for temporary safekeeping at the nearest Government office. Should such temporary safekeeping be impracticable for any reason, the apprehending officer shall take necessary measures until delivery thereof is effected as herein provided.

  2. SUMMARY ADMINISTRATIVE SEIZURE - Upon delivery to those authorized pursuant to Section 4 hereof, the Seizure Officer concerned shall forthwith verify and examine all the documents submitted to him by the Apprehending Officer as required by the foregoing provisions.

(a) He shall confirm that the item(s) delivered to him strictly coincide with the itemized list thereof reflected in the documents of apprehension. If such confirmation cannot be completed within the same day, the procedure for extensions outlined in Section 5 hereof shall apply. In case of variance between the items so delivered and those reflected in the documents of apprehension he shall require a sworn statement from the apprehending officer with a complete, clear and concise explanation for said variation, which shall form an integral part of the permanent records of the case.
(b) In verifying the existence of a probable cause case against the offender, the Seizure Officer or his duly authorized representative shall personally examine the Apprehending Officer and any witnesses appearing before him in order to satisfy himself of the evidence at hand.
(c) Should a probable cause against the offender be thus found to exist for purposes of issuing a Seizure Order, the Seizure Officer shall immediately declare this fact by issuing a SEIZURE ORDER for the apprehended item(s).
(d) In case the apprehended conveyance involved is a government vehicle, the procedure above shall be followed and the vehicle shall be immediately released to the highest regional official of the office who owned the same upon the undertaking that the same conveyance will be produced when needed in any judicial or administrative investigation.

SECTION 8. Outline of Procedures for Summary Administrative Confiscation. The following procedures shall be complied with for the summary administrative confiscation of items listed in Section 3 hereof. Immediately upon, or as soon as practicable after issuance of a SEIZURE ORDER, the following outline shall be followed in the summary seizure proceedings.

  1. NOTICE OF HEARING - A Notice of Hearing shall be issued by the Seizure Officer or his duly authorized representative stating therein the specified place and date within two (2) weeks from the date of the issuance of the Seizure Order. The Notice of Hearing shall be accompanied by the Incident Report. The Notice of Hearing shall require the apprehended person to bring with him any and all controverting evidence or witnesses he may present. The Notice shall also state a warning that in case he will not attend or present controverting evidence, he will be placed in default and judgment by default be imposed upon him.

  2. HEARING - The Seizure Officer or his duly authorized representative who is any of the officers stated in Section 4.2 hereof, shall preside as the Hearing Officer at Confiscation hearings, which shall be summary in nature. All interested parties shall be heard by themselves and/or through counsel of their own choice. The proceedings shall be recorded, or at least the minutes of the meeting shall be made.

A complete set of the documents supporting the apprehension and seizure as hereinabove outlined shall be provided to the interested parties, and who shall be afforded the opportunity to present controverting evidence. In lieu of adducing testimonial evidence, any party may elect to submit a Memorandum, attaching thereto affidavits and any other supporting documents, with a request that the issues be decided on the basis thereof. The applicable provisions of the Rules of Court shall have suppletory application. The hearing shall be completed and terminated within thirty (30) regular business days from commencement thereof.

  1. DISPUTABLE PRESUMPTIONS - In the administrative proceedings conducted pursuant hereto, the following shall be considered presumptions and taken as part of the evidence unless specifically controverted and successfully overcome by a preponderance of evidence. (a) 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;
    (b) 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. In case the registered owner of the conveyance is a partnership or corporation, the partners and/or officers thereof had full knowledge of and granted authorization or issued instructions for the use or application of the conveyance in the commission of the offense.
    (c) Any forest products included within Section 3(a) hereof were obtained from an illegal source.

  2. DECISION - The Decision shall be rendered by the Manager of the Watershed Management Department upon recommendation of the Hearing Officer. Substantial evidence shall suffice to sustain an administrative decision. Any decision favoring the violator / s shall merit the immediate dismissal of the case, and the controversy deemed closed with the consequent order for the release of the seized item(s) to the violator/s or its owners. If the violator is found to have committed the acts stated in the Incident Report, a ruling shall be issued declaring the seized items including the conveyances used in the commission of the offense to be confiscated in favor of the Government, together with recommendations for further prosecution for any offense committed, if any. The decision shall become final and executory upon the lapse of fifteen (15) days which shall start upon the receipt of the decision by the concerned party, unless a Motion for Reconsideration is filed as provided below. Nothing herein shall prevent the WMD/NPC President from delegating their authority or from constituting a group of persons to act as Hearing Officer.

  3. MOTION FOR RECONSIDERATION - A party aggrieved by the decision may file only one (1) Motion for Reconsideration within a non-extendible period of fifteen (15) calendar days from receipt of the decision, containing a concise statement of the grounds relied upon for the purpose. The Hearing Officer shall issue a ruling on such Motion within fifteen (15) days from receipt thereof, stating the grounds therefor. Unless a Notice of Appeal is filed by a party with the Hearing Officer within a non-extendible period of fifteen (15) calendar days from receipt of denial of the Motion for Reconsideration, the decision of the Hearing Officer shall become final and executory. If there is a timely Notice of Appeal, the Hearing Officer shall transmit the complete records of the case to the Office of the NPC President for appropriate action.

  4. APPEAL - Within a non-extendible period of fifteen (15) calendar days from receipt of the ruling on the Motion for Reconsideration, a party, after paying the corresponding Appeal Fee of P1,000,00 and a bond equivalent to the value of all the confiscated items under Section 3 hereof, may file an Appeal with the Office of the President, which shall contain a concise statement of all the issues of facts and law raised on appeal. The Office of the President shall decide the controversy within thirty (30) days from receipt of the appeal.

  5. DECISION OF THE NPC PRESIDENT - A Party aggrieved by the decision rendered by the President may, within fifteen (15) days from receipt thereof may file, one (1) Motion for Reconsideration, failing which, the same shall become final and executory.

  6. EXECUTION OF DECISION - When a Decision becomes final and executory upon the lapse of the reglementary periods herein prescribed, the concerned officer who issued the final decision shall, motu proprio or upon motion by any party, issue a Certification to that effect and the execution thereof. The confiscated items shall become permanent property of the Government and entered into the books as such and disposed of in accordance with law.
SECTION 9. Abandoned Illegal Forest Products. The following procedures apply in cases where illegal forest products and other items listed in Section 3 hereof are abandoned, or when the owner, claimant, custodian or other interested party(ies) is unknown, cannot be determined, or cannot otherwise be found.
  1. The items listed in Section 3 hereof shall forthwith be apprehended. Whenever practicable, photographs of the apprehension site and the item(s) seized shall be taken and shall form a permanent part of the records of the case. For this purpose, the apprehending officer shall state the date, caption and write his full printed name and affix his signature at the back of each photograph so taken.

  2. The INCIDENT RECORD OF VIOLATIONS, ON-SITE REPORT AND APPREHENSION RECEIPT shall be prepared as mandated hereby. In lieu of service of the APPREHENSION RECEIPT, a Notice of the Apprehension shall be left by the apprehending officer on-site, posted or tacked into the nearest tree, wall or other similar permanent structure. In this connection, the notice shall contain the date, time and place of the apprehension, full printed name, designation and signature of the apprehending officer, a complete, itemized list of the item(s) apprehended, a summary statement of the violation(s) cited, and of the full printed name and office address of the seizure officer to whom said items will be submitted as required by these Rules.

  3. Summary Seizure/Confiscation Proceedings shall be conducted by the Hearing Officer designated in these Rules. In such eases, the Notice of Hearing shall be posted for at least two (2) weeks in at least three (3) public places, including, but not limited to: (a) Barangay Hall of the apprehension site; (b) Bulletin Board of the NPC Offices where the Proceedings will be conducted, and (c) Municipal Hall of the apprehension site.

Should the owner, claimant or other interested party fail to appear at the proceedings, such failure shall be deemed waiver of the right to appear and of any/all rights to the items apprehended in favor of the Government. The Hearing Officer shall state this fact in the records and certify that posting of Notice of Hearing had been effected in compliance herewith. Thereupon, he shall forthwith issue his Decision based on the evidence at hand.

SECTION 10. Temporary Release of Conveyances. When a conveyance is apprehended by virtue hereof, and any time thereafter pending final disposition of the administrative case, and should available evidence establish to the satisfaction of the Hearing Officer that the conveyance may be used for lawful purposes, such as, but not limited to: personal mode of transportation; commercial passenger transport; cargo hauling; or other similar legal use, temporary release thereof to the owner or claimant or other interested party may be applied for, and release thereof to the applicant pendente lite upon compliance with the following requirements:

  1. NPC CONFIRMATION - Written confirmation in the records of the case is entered by the Hearing Officer declaring under oath: (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; and

  2. SWORN STATEMENT AND UNDERTAKING - Submission by the applicant of a Sworn Statement: (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) unconditional undertaking to return possession of the conveyance to the NPC as may be required for the final disposition of the case.

  3. POSTING OF BOND - Upon approval of an Application for Temporary Release of Conveyance, and as a precondition to the actual pendente lite release thereof, the Applicant shall post a cash or surety bond to guarantee the prompt return of the conveyance to the NPC as may be required pursuant hereto. In no case shall a personal or private bond or guarantee or recognizance be admitted for this purpose. The bond shall be equivalent to one-hundred-twenty-five percent (125%) of the replacement cost of the conveyance at the time the bond is submitted. A cash bond in favor of the NPC must be filed by the applicant with the nearest NPC Office; surety bonds in favor of the NPC must be from the GSIS or other government surety. Original documents evidencing the posting of the bond shall be submitted to the Hearing Officer and form part of the records of the case.

  4. RECALL OF CONVEYANCE - In case of misrepresentation in the Application for Temporary Release of Conveyance and/or any documents submitted in connection with or support thereof, or in case of failure to comply with any representations or undertakings made in connection therewith, the conveyance shall be ordered recalled by the Hearing Officer and the same shall forthwith be returned by the applicant to the NPC. In case of failure to return the conveyance in compliance with a directive issued in the administrative case, the bond shall be called and forfeited in favor of the Government.

  5. RETURN/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.

SECTION 11. Arrests and Prosecution for Other Offenses.

  1. In addition to the functions outlined hereinabove, the Apprehending Officer may, whenever circumstances so warrant, effect the arrest of any person(s) apprehended by virtue hereof, and forthwith deliver such person(s) to the proper authorities in accordance with the provisions of Presidential Decree No. 705, as amended and other pertinent rules and regulations.
  2. The administrative remedies provided herein is without prejudice to the filing of other cases, civil or criminal, when the circumstances so warrant. Should the evidence in any administrative case arising by virtue hereof so warrant, the Apprehending Officer/Hearing Officer shall initiate the filing of a criminal/civil in the appropriate agencies of the government.
  3. In all matters pertaining to arrests and prosecution of any person(s) effected pursuant hereto, the concerned NPC personnel may also coordinate with other agencies of the government in the further prosecution of the acts committed.
  4. The foregoing guidelines shall be in addition and without prejudice to any other requirements as are or may hereafter be provided by law, and other pertinent rules and regulations.

SECTION 12. Reportorial Requirements. Updated semi-annual Reports shall be submitted by the Manager of the WMD to the NPC President, with copies thereof furnished to the Senior Vice-President, to the Vice-President of the concerned Functional Group, and to the General Counsel, containing the following information:

  1. STATUS REPORT OF CASES - A complete list of all administrative cases initiated pursuant hereto, including the pertinent dates, places and parties involved, current status and estimated period for completion, as well as recommendations for the efficient and expeditious disposition thereof, if any.

  2. LIST OF SEIZED AND CONFISCATED ITEMS - A complete list of all items seized and detained pendente lite, with particular descriptions of each item, current condition thereof and place of detention/safekeeping. A second list shall be submitted reflecting all conveyances temporarily released pursuant hereto, stating the names of recipients thereof, with the condition and amounts of the bonds pertaining thereto. A third list shall likewise be submitted for all confiscated items awaiting final disposition in accordance herewith, accurately described with recommendations as to the final disposition thereof, if any.

  3. ITEMS NOT RECOMMENDED FOR DISPOSITION - The updated Semiannual Reports shall specify which confiscated items awaiting final disposition are not recommended for the purpose of disposition because: (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, stating the complete details thereof; or (b) the same are recommended for the use of NPC for a specified purpose or activity; or (c) the same are recommended for donation to a charitable institution for use in connection with a humanitarian purpose or activity.

  4. ITEMS REQUIRING URGENT DISPOSITION - In the case of seized items which cannot be detained for safekeeping until final disposition thereof is determined in accordance with the foregoing procedures due to (a) the highly perishable nature thereof, or (b) that a place for adequate safekeeping thereof cannot be provided, or (c) because the continued detention thereof until final disposition in accordance herewith is impractical; and in the case of items confiscated in favor of the Government when the continue/prolonged safekeeping thereof while awaiting final disposition in accordance herewith is not recommended for any of the foregoing reasons, all such items shall be itemized in a separate List of Items for Urgent Disposition.

  5. The List of Items for Urgent Disposition shall be submitted to the Vice-President of the concerned Functional Group without delay, and in any case within forty-eight (48) hours from discovery of the urgent nature of the circumstances. Said List shall state: (i) the general case information cited in sub-paragraph (a) of this Section, (ii) a particular description of the item(s); (iii) the estimated value thereof; (iv) the reason(s) for recommending urgent disposition; and (v) mode of disposition recommended to avoid irreparable damage or prejudice to the item(s). Upon consultation with the General Counsel and the Manager, WMD, and with the approval of the President, the Vice-President of the concerned Functional Group shall issue directives for the expeditious disposition of all such items in conformity with law, justice and equity.

When the circumstances so warrant, The WMD Manager/NPC President may directly negotiate the disposal of the herein confiscated items.

SECTION 13. Disposition of Items Confiscated in Favor of the Government.

  1. Items confiscated in favor of the Government in summary administration proceedings conducted pursuant hereto shall be disposed of in accordance with law.
  2. The disposition of items administratively confiscated in favor of the Government pursuant to these Rules shall be governed by the same rules of procedures applied by the NPC Bids and Awards Committee. In this connection, the Committee shall reproduce its requirements and rules of procedure for adoption and strict compliance. When the circumstances so warrant, the WMD Manager/NPC President may directly negotiate the disposal of the herein confiscated items.
  3. For the implementation of these Rules, the WAT Chief concerned is authorized to dispose of items administratively confiscated in favor of the Government pursuant hereto, provided that the value of each or all the items to be disposed of in each instances not exceed one hundred thousand pesos (P100,000.00). In cases where the value of any item, or when the total value of the items scheduled for disposition at any instance, exceeds the cited amount, disposition thereof shall be referred to the Central Committee on Bids and Awards, which shall conduct proceedings in relation thereto. In this connection, NPC Regional Committees on Bids and Awards are hereby constituted as follows:
WMD Manager or, in his absence, a duly designated Division Manager;
Designated Legal Officer;
The concerned Hearing Officer.

The representative from the Commission on Audit (COA) may be designated as observer.

  1. Consistent with the provisions of Republic Act No. 6713, (Code of Conduct and Ethical Standards for Public Official and Employees), NPC employees and their relatives within the fourth civil degree of consanguinity or affinity shall in no way, directly or indirectly, be allowed to participate in or otherwise be interested in any part of any proceedings for the disposition of confiscated items subject of these Rules.
  2. In no case shall same individual(s) from whom the items for disposition were confiscated be qualified/admitted as a bidder in these proceedings.

SECTION 14. Expenses for the Transfer, Safekeeping, Maintenance and Delivery of Apprehended, Seized and Confiscated Items.

  1. All expenses incurred by the NPC in transferring apprehended items to the place of safekeeping, the necessary maintenance thereof, and delivery to any other place or person as may be required by the circumstances and/or in the implementation of the procedures outlined herein, shall attach as primary liens over such items in favor of the Corporation and shall be deducted from and reimbursed to the NPC as administrative costs from the proceeds of the sale thereof if any. In this connection, the Corporation shall allocate a fund to enable field officers to advance expeditiously hauling expenses and avoid deterioration and/ or loss of economic value of the products/ conveyances.
  2. In cases of forest products, tools, equipment, implements and conveyances that are forfeited in favor of the Government and disposed of by judicial or other official mandate, the concerned WAT Officer shall make official representations with the Court or Government Agency concerned for the purposes of recovering the aforementioned primary lien.
  3. The NPC President may promulgate such other guidelines, rules and regulations as may, from time to time, be deemed necessary or appropriate under the circumstances in order to ensure the recovery of expenses incurred by the Corporation.

SECTION 15. Remittance of Proceeds of Sales. All proceeds from the sale or other disposition of any item(s) confiscated pursuant hereto shall accrue to the fund of the WMD of NPC. The proceeds of the sale shall be applied primarily for watershed management. Immediately upon receipt of payment, or any part thereof for any item(s) sold or otherwise disposed of pursuant to these Rules, the entire amount(s) so received shall, in the form of a Cashier’s Cheque or Manager’s Cheque, and together with complete documentation and concise explanation therefor, be remitted to the WMD-NPC Central Office, where a separate account shall be established for the purpose.

An updated Quarterly Report on all funds remitted to WMD pursuant to the preceding paragraph shall be submitted by the WMD Manager to the NPC President; Quarterly Reports shall be consolidated into an Annual Report to be similarly submitted at the end of the fiscal year.

SECTION 16. Designation of Secretariat for Administrative Cases.

  1. NPC President shall designate a SECRETARIAT FOR ADMINISTRATIVE CONFISCATION CASES charged with the collection, storage, processing, monitoring, analysis and submission of Central Office Quarterly and Annual Reports thereon. The Central Quarterly and Annual Reports shall be submitted to the NPC President.
  2. All reports required by these Rules shall be coursed through the Secretariat so constituted to ensure the most efficient administration thereof.
  3. The NPC President may require the Secretariat and all other NPC personnel concerned to prepare such other reportorial requirements as may, from time to time, be necessary for the effective implementation of these Rules.

SECTION 17. Implementing Guidelines and Instructions. The NPC President upon recommendation of the WMD Manager may, from time to time, issue such other guidelines, directives and implementing instructions for the orderly and effective implementation of these Rules.

SECTION 18. Penalty Clause. In addition to and without prejudice to such other remedies as may by law be applicable under the circumstances, NPC Officers and Personnel found guilty of culpable violation of these Rules shall suffer such penalties as may be imposed by the President in accordance with existing law, rules and regulations.

SECTION 19. Repealing Clause. All orders, circulars and issuances which are inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 20. Transitory Provision. These Rules shall govern all administrative cases involving illegal forest products and the machinery, equipment, tools and conveyances used in connection therewith, initiated after the effectivity hereof, as well as cases then pending, except when its application is prejudicial to the constitutional right of the violators herein.

SECTION 21. Separability Clause. If any part of these Rules is declared unconstitutional or otherwise defective on any grounds, the remaining parts not affected thereby shall remain valid and effective.

SECTION 22. Effectivity. This Circular shall take effect fifteen (15) days after its filing with the Office of the National Administrative Register and its publication in a national newspaper of general circulation.


President and CEO

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