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Ra No. 9175

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VIOLATIONS UNDER P.D.

705,
R.A. NO. 9175, E.O. NO. 23,
FLOW CHART OF ADMINISTRATIVE
ADJUDICATION OF VIOLATION OF
SECTION 77 OF P.D 705 AND
NEW RULES OF ENVIRONMENTAL
PROCEDURE

By:
PETROVICH B. TAMAG
PRESIDENTIAL DECREE No. 705
“Revised Forestry Code”
May 19, 1975
PRESIDENTIAL DECREE NO. 705
As amended by:
P.D. No. 1559;
P.D. No. 865;
P.D. No. 1775;
Batas Pambansa (B.P.) Blg. 701;
B.P. Blg. 83;
Republic Act (R.A.) No. 7161;
Executive Order (E.O.) No. 277 and
83 O.G. No. 31
PRESIDENTIAL DECREE No. 705

SECTION 78-A. Administrative Authority of the


Department Head or His Duly Authorized
Representative to Order Confiscation. – In all
cases of violations of this Code or other forest
laws, rules and regulations, the Department
Head or his duly authorized representative,
may order the confiscation of any forest
products illegally cut, gathered, removed, or
possessed or abandoned, and all conveyances
used either by land, water or air in the
commission of the offense and to dispose of
the same in accordance with pertinent laws,
regulations or policies on the matter.
 Section 44 Visitorial Power
 The Department Head may, by himself
or thru the Director or any qualified
person duly designated by the
Department Head, investigate,
inspect and examine records, books
and other documents relating to the
operation of any holder of a license
agreement, license, lease, or permit,
and its subsidiary or affiliated
companies to determine compliance
with the terms and conditions thereof,
this Code and pertinent laws,
policies, rules and regulations.
Prohibited Acts and Elements
Section 78 – 87
Section 78
1. Cutting, gathering, collecting or removing of
timber or other forest products from any forest
land without authority.
Elements:

a) there must be cutting, gathering, collecting


or removing of timber or other forest
products;
b) the timber or other forest product is cut,
gathered, collected or removed from any
forest land; and
c) the cutting, gathering, collecting or removing
is without authority.
Section 78
2.Cutting, gathering, collecting or removing
of timber from alienable or disposable
public land or from private land.

Elements:

a) there must be cutting, gathering,


collecting or removing of timber;
b) the timber is cut, gathered, collected or
removed from alienable or disposable
public or from private land; and
c) the cutting, gathering, collecting or
removing is without authority.
Section 78
3. Possession of timber and other
forest products without legal
documents

Elements:
a) timberand/or other forest products
are found in possession of a person;
b) such
person doest not have legal
documents.
Note:
1.ORIGINAL permit or transport
documents must ACCOMPANY
forest products (being moved
or transported) at ALL TIMES
(Section 2a ,DAO 97-32);
2.Apprehending Officers must
turn over the forest products to
DENR ( Rule 12 Rules of
Procedure for Environmental
Cases; April 29, 2010)
Section 79
Unlawful occupation and destruction of forest lands
Elements:
a) Any person enters any forestlands
b) That person has no authority under a license agreement,
lease, license or permit;
c) That person do any of the following acts:
1. occupies or possesses or makes kaingin for his own
benefit or for others ;
2. in any manner destroys such forestlands ;
3. in any manner cause any damage to the timber
stand, or other products and forest growth found
therein;
4. assists, aids, abets any other person to do so;
5. sets fire or negligently permits fire to be set therein;
6. refuses to vacate the area when ordered to do so.
Section 80

Pasturing livestock without permit in forest


lands and alienable and disposable lands not
yet disposed of.
Elements:
a) The offender graze or cause to graze
livestock in forest lands, grazing lands and
alienable and disposable land not yet been
disposed in accordance with Public Land Act;
b) The offender is without authority under a
lease or permit.
Section 81

Illegal occupation of National Parks System


and recreation areas and vandalism therein

Elements:
a) The offender in any manner cut, destroy,
damage or remove timber or any species of
vegetation or forest cover and other natural
resources found in the National Park
system and recreation area;
b) Such acts as above mentioned is without
any permit.
Section 82

Destruction of Wildlife Resources

Element:
a) The offender violates the measures adopted
by the Department to conserve wildlife.
Section 83
Survey by Unauthorized Person

Elements:
a) Aperson enters any forestlands and conduct
or undertake a survey for whatever purpose ;
b) Such survey is without permit
Section 84

Misclassification and Survey by Government


Official or Employee
Elements:
a) A public officer or employee knowingly surveys,
classifies, or recommends the release of forest
lands as alienable and disposable lands ;
b) Such classification or recommendation is
contrary to the criteria and standards
established or with the existing rules and
regulations on the matter.
Section 85

Tax Declaration on Real Property


Elements:
a) A public officer or employee issues a tax
declaration on real property;
b) Such issuance is without a certification that the
land is alienable and disposable.
Exception: unless the property is titled or has
been occupied and possessed by members of the
national cultural minorities prior to July 4,
1955.
Section 86

Coercing/Influencing a public officer or


employee to commit violations of Section
84 and 85
Elements:
a) The offender coerces, influences, abets or
persuades a public officer or employee
referred to in Sections 84 and 85 ;
b) The public officer or employee was
coerced, influenced abetted or
persuaded to violate Section 84 and 85
of this Decree.
Section 87

1. Payment, Collection and Remittance of


Forest Charges .
Element:

a) The offender fails to pay the amount


due and payable under the provisions of
this Code, the National Internal Revenue
Code, or the rules and regulations
promulgated.
Section 87

b) The offender:
i. Fails or refuses to remit to the
proper authorities said forest charges
collectible pursuant to the
provisions of this Code or the
National Internal Revenue Code
ii. Delays, obstructs or prevents the
same,
iii. Orders, causes or effects the
transfer or diversion of the funds
for purposes other than those
specified in this Code.
Republic Act No.9175
November
' 7, 2002
“Chainsaw Act”
An Act regulating the ownership,
possession, sale, importation and use of
chainsaws, penalizing violations thereof
and for other purposes.
Rationale

- To eliminate illegal logging and


other forms of forest
destruction which are being
facilitated with the use of
chainsaws.
Prohibited Acts and Elements
Section 7. No.1-4
Section 7. No.1

Selling, Purchasing, Re-selling, Transferring,


Distributing or Possessing a Chain Saw
Without a Proper Permit
Elements:
a) The offender sells, purchases, transfer
the ownership, distributes or otherwise
disposes or possesses a chain saw;
b) Without first securing the necessary
permit from the Department.
Section 7. No.2

Unlawful Importation or Manufacturing of


Chain Saw
Elements:
a) The offender imports or manufactures a
chain saw;
b) Without obtaining prior authorization
from the Department .
Section 7. No.3

Tampering of Engine Serial Number

Element:
a) The offender defaced or tampered the
original registered engine serial number of
any chain saw unit
Section 7. No.4
Actual Unlawful Use of Chain Saw

Elements:
a) The offender is in possession of a chain saw;
b) He uses the same in any manner;
c) The offender does not have the permit to
do so
Note:

All chainsaws must be registered with


DENR except for the province of
Palawan (PCSD).
Other government agencies that used
chainsaws in some aspect of their
operation must likewise secure a
permit from DENR.
EXECUTIVE ORDER NO. 23
February 1, 2011

Declaring a Moratorium on the Cutting


and Harvesting of Timber in the Natural
and Residual Forests and Creating the
Anti-illegal Logging Task Force
The DENR is prohibited from:
1. Issuing new logging stewardship
contracts/agreements;
2. Renewing tree cutting permits (with
exceptions)
Some exceptions:
Road right of way, Site preparation, Silvi-
cultural treatments and similar activities,
Indigenous practices; provided, All logs
derived therefrom shall be turned over to
DENR
STEP 1

DENR Monitoring
Stations or Law
Enforcement
Agencies Check
Points
 The DENR Monitoring Stations or Law
Enforcement Agency (LEA) check
points in the performance of their
duties will usually apprehend or
provide information to
Apprehending Officer (AO)
concerned regarding violations of
Section 77 of P.D.705.
STEP 2

Determination
of Probable
Cause
(Section 4.)
Determination of Probable
Cause (Sec.4)
 The AO will determine whether there is probable cause
by examining the documents of the alleged offender.
Any timber is considered a product of illegal logging if it
was removed, cut, collected, 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
Determination of Probable
Cause (Sec.4)

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.
It is presumed that the alleged offender
Intended to defraud the Government if:
 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

 Upon discovery of a misdeclaration on the quantity


and species being verified pursuant hereto.
STEP 3A STEP 3A-1
Stamp the
No Probable Documents as
STEP 2 Cause inspected and END
(Sec. 4.2.) released( Sec. 4.2.)

Determination
of Probable
Cause
(Section 4.)

STEP 3B STEP 4

With Probable Apprehension


Cause
(Sec. 4.3a.) (Sec. 3.1.)
Without Probable Cause With Probable Cause
STEP 3B (Sec. 4.3)
Based on the examination of the
STEP 3A (Sec. 4.2) documents pertaining to the forest
Based on the examination of the products the AO found that there is
documents pertaining to the probable cause to apprehend.
forest products the AO found AO shall personally examine the
alleged offender and any witnesses
that there is no probable cause
appearing before him in order to satisfy
to apprehend. himself that an offense has been
committed, the evidence at hand
indicates the offender is probably
guilty thereof, and that the items
delivered to him are the proceeds of the
violation.

STEP 3A-1 (Sec. 4.2)


AO will conduct an ocular inspection and
immediate release of the forest products The AO will proceed to apprehend
by stamping the documents as inspected, the forest products.
affixing the date, fact of inspection and
release thereof.
STEP 4
Apprehension
(Sec. 3.1.)
 Apprehension

It is the temporary possession and control


over illegal forest products and/or
machinery/equipment/tools &
implements used in the possession,
gathering, collecting, processing and or
transporting of the same as well as any
conveyance used in transporting such.
Who may apprehend? (Sec. 3.1)

1. Forest Officers

2.Deputies
3.Members of LEA
4.Private Citizen
Who may apprehend? (Sec. 3.1)

1. Forest Officers

2.Deputies
3.Members of LEA
4.Private Citizen
Circumstances under which warrantless
arrest is allowed

1. When in the presence of the law


enforcers, the persons to be arrested
have committed, are committing or will
commit a crime.
 
2. When an offense has just been
committed, and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the persons to
be arrested has committed it.
STEP 5A STEP 5A-1

Sec.8. Sec. 8 Posting of


STEP 4 Abandoned notice of
Illegal Forest Apprehension
Sec. 3.1. Products
Apprehension

STEP 5B STEP 5A-2 STEP 6

Delivery of
Apprehended Preparation of Apprehended
Illegal Forest Apprehension
Items to
Products, etc. Report (Sec. 8.2 )
Seizure Officer
(Sec.5)
(Sec. 6.1 )
ABANDONED ILLEGAL FOREST PRODUCTS
(Sec. 8)
For abandoned forest products, the AO
shall:

1. Photograph and document the items and


the scene of the crime;
2. Shall identify, date, caption, and write
his full name and affix his signature at
the back of each photo; and
3. Post a Notice of Apprehension on site.
 
BACK OF PICTURES

1. Q. Do you know the circumstances behind this photo?


(Alam mo ba ang pinagmulan ng litratong ito?)
A. Yes (Opo)
2. What can you say about this photo?
(Anong masasabi mo sa litratong ito?)
A. This a picture taken over abandoned forest products
that we apprehended.
3. When was this photo taken?
A. This photo was taking during one of our regular
monitoring or patrolling on May 3, 2016.
4. Where was this picture taken?
(Saan kinunan ang litratong ito?)
A. It was taken in Cugman, Cagayan De Oro City. (Kinunan
po iyon sa Cugman, Cagayan De Oro City.)

(signature)
JUAN REYES
Forest Ranger/Apprehending Officer
 
POSTING OF NOTICE OF APPREHENSION
(Sec.8.2)

A notice of the apprehension
shall be left by the AO on-site,
posted or tacked into the
nearest tree, wall or other
similar permanent structure.
POSTING OF NOTICE OF APPREHENSION
(Sec.8.2)
 In this connection, the notice shall contain the
following:

1. date, time and place of the apprehension;

2. full printed name, designation and signature of the


apprehending officer;

3. a complete, itemized list of the item(s) apprehended;

4. a summary statement of the violation(s) cited; and

5. full printed name and office address of the seizure


officer to whom said items will be submitted as
required by these Rules.
NOTICE OF APPREHENSION 
May 3, 2016
11:00 am
Cugman, Cagayan De Oro City
 
To whom it may concern: 
Please be informed that FOLLOWING ABANDONED
FOREST ITEMS will be turned-over to CENRO________
of _________ to undergo ADMINISTRATIVE
ADJUDICATION pursuant to DAO 97-32 of DENR.
 
(List the items here)
 Prepared by:  Delivered to:

(signature)
Juan Reyes (AO) Pedro Cruz (SO)
PREPARATION OF APPREHENSION
REPORT (Sec.8.2)

The Apprehending Officer


will prepare an Apprehension
Report to be submitted to
the nearest Seizure Officer.
APPREHENDED ILLEGAL FOREST PRODUCTS,
ETC. (Sec. 5)
 After accomplishment of the general
requirements for apprehension,
APPREHENSION RECEIPT shall be prepared
and given to the offender with the following
information:
1. Precise nature of the offense;
2. Time, date and place of issuance of AR; and
3. Full names in print and signature of
Administrative Officer or individual and the
offenders.
PROVISIONAL RECEIPT (Sec. 5.2)

A Provisional Receipt in written


form shall be issued if more time is
required to complete the counting,
measurement, description, scaling,
weighing and/or value estimation
and must contain the date, time
and place of resumption of such
activities
STEP 6
Delivery of
Apprehended Items
to Seizure Officer
(Sec. 6.1 ) and the
violator/s thereof to
peace officers
Delay in the Delivery of Detained Persons to the
Judicial Authorities

Article 125 of the Revised Penal Code requires


that a law enforcer who detains a person
apprehended on some legal ground, to
immediately deliver the persons apprehended to
the proper judicial authorities within the following
period:

a.12 hours for offenses punishable by light


offenses. Light offenses include public censure
and arresto menor (imprisonment from 1 to 30
days)
 

 
b. 18 hours for offenses punishable by
correctional penalties. Correctional penalties
include suspension, arresto mayor
(imprisonment from 1 month and 1 day to 6
months) and prison correccional (imprisonment
from 6 months and 1 day to 6 years).

c. 36 hours for offenses punishable by afflictive


penalties. Afflictive penalties include: prision
mayor (imprisonment from 6 years and 1 day to
12 years), perpetual or temporary special
disqualification, perpetual or temporary
absolute disqualification, reclusion temporal
(imprisonment from 12 years and 1 day to 20
years), reclusion perpetual (imprisonment from
20 years and 1 day to 40 years).
DELIVERY OF APPREHENDED ITEMS
(Sec. 6.1)
 The apprehended items must be
delivered to the nearest Seizure Officer
(SO)
The following may act as SO under
Section 3.2:
1. RD,ARD,

2. PENRO, SFMS, SEMS


3. CENRO, LMO III, FMO III
4. Other officials designated by the Secretary
DELIVERY OF APPREHENDED ITEMS
(Sec. 6.1)
 The apprehended items must be
delivered to the nearest Seizure Officer
(SO)
The following may act as SO under
Section 3.2:
1. RD,ARD,

2. PENRO, SFMS, SEMS


3. CENRO, LMO III, FMO III
4. Other officials designated by the Secretary
STEP 7

Verification
of Existence of
a Prima Facie
Case (Sec. 6.2 )
VERIFICATION OF EXISTENCE OF A PRIMA
FACIE CASE (Sec. 6.2)

 SO (Seizure Officer) shall verify


the existence of prima facie case
by personally examining the AO
and their witnesses.
STEP 7A STEP 7A-1
STEP 7
Without Issuance of
Prima Release Order END
(S6.2)
Facie Case
Verification
of Existence
of a Prima
STEP 8
Facie Case STEP 7B
(Sec. 6.2 )
Issuance of Seizure
With Receipt of Items
Prima Apprehended and
Facie Case Seizure Order
(S6.2)
STEP 7A
Upon examination, the SO found that there is no Prima
Facie Case.

STEP 7A-1
ISSUANCE OF RELEASE ORDER (Sec.6.2)
In the absence of a prima facie case, the SO shall issue
a Notice of Issuance of Order for Release for the
immediate release of the confiscated forest products.

STEP 7B
Upon examination, the SO found that there is a Prima
Facie Case.
STEP 8
Issuance of Seizure
Receipt of Items
Apprehended and
Seizure Order (Sec. 6.2)
ISSUANCE OF SEIZURE RECEIPT OF
ITEMS APPREHENDED SEIZURE AND
SEIZURE ORDER (Sec. 6.2)

If there exists a prima


facie case, the SO shall
issue a Seizure Order
and Seizure Receipt
Note:
 Issuance of Seizure Receipt must
contain the following:
 1. date, place, time;
 2. name of AO or individual;
 3. list of items.

If delivery cannot be effected, temporary


safekeeping at the nearest government
office, otherwise, AO or individual must
keep it until delivery to SO.
STEP 9
Posting and issuance
of Notice of Hearing
(Sec. 6.1 & 8.3)
Issuance of Notice of Hearing
(Sec. 6.1)
Notice of Hearing shall be
issued by SO to the parties
concerned within one (1)
calendar week from the date of
Seizure Order or two (2)
calendar weeks upon written
request of all parties.
Posting of Notice of Hearing
for Abandoned Illegal Forest
Products (Sec. 8.3)
Notice of Hearing shall be
posted three (3) times. Once
every week for three (3)
consecutive weeks in three (3)
public places.
STEP 10
Adjudication
Proceedings or Hearing
Proper (Sec.7)

Temporary
Release of
conveyance
ADJUDICATION PROCEEDINGS OR
HEARINGPROPER (Sec.7)
1. Issuance of a Notice of Hearing-within one (1)
calendar week from issuance of SO or upon
written request and signature of all interested
parties, within two (2) calendar weeks from
said date.

2. Hearing proper (Seizure Officer is also the


Hearing Officer):
a)Summary hearing
b)Counsel allowed
c)Rules of court suppletory
d)Submission of memorandum
TEMPORARY RELEASE OF CONVEYANCE
(Sec.9)

Conveyance must be for personal, commercial or


any legal use.

 Requirements:

1. Original Official Receipt (OR) and Certificate of


Registration (CR)

2. Applicant/movant is :
a. Not among the apprehended offenders
b. Not previously held administratively/criminally
liable for violation
c. Available evidence does not indicate
participation therein
TEMPORARY RELEASE OF CONVEYANCE (Sec.9)

d. Must execute an Affidavit of Undertaking containing


the following:
I. declaring the precise nature of his claim thereon;
II. declaring that he has not previously been held
administratively or criminally liable for violation of
forestry laws;
III. describing the precise lawful use(s) to which the
conveyance shall/may be applied during the pendency
of the case;
IV. stating the replacement cost of the conveyance at the
time the application is filed; and
V. an unconditional undertaking to return possession of
the conveyance to the DENR as may be required for the
final disposition of the case.
 
TEMPORARY RELEASE OF CONVEYANCE (Sec.9)

d. Must execute an Affidavit of Undertaking containing


the following:
I. declaring the precise nature of his claim thereon;
II. declaring that he has not previously been held
administratively or criminally liable for violation of
forestry laws;
III. describing the precise lawful use(s) to which the
conveyance shall/may be applied during the pendency
of the case;
IV. stating the replacement cost of the conveyance at the
time the application is filed; and
V. an unconditional undertaking to return possession of
the conveyance to the DENR as may be required for the
final disposition of the case.
 
STEP 11

Decision
(Sec. 7.4)
DECISION (Sec. 7.4) 

 The Regional Director, upon recommendation


of the Hearing Officer, will render a decision
based on substantial evidence and shall
become final and executory upon the lapse of
fifteen (15) calendar days unless a Motion for
Reconsideration is filed.
STEP 12
Motion for
Reconsideration
(Sec. 7.5)
MOTION FOR RECONSIDERATION
(Sec. 7.5)
 
1. Only one Motion for Reconsideration is
allowed;
2. It must be filed within 15 calendar days
upon receipt of the decision.
STEP 12
Motion for
Reconsideration
(Sec. 7.5)
STEP 13
Appeal to the
Secretary of DENR
(Sec. 7.6)
APPEAL TO THE DENR
SECRETARY (Sec. 7.6)

1. Within a non-extendible period of fifteen


(15) calendar days from receipt of the
denial of the Motion for Reconsideration;

2. Payment of Appeal fee; and

3. Filed before the Office of the Secretary


STEP 14
Motion for
Reconsideration
(Sec. 7.5)
MOTION FOR RECONSIDERATION

1. Only one Motion for Reconsideration is


allowed;
2. It must be filed within 15 calendar days
upon receipt of the decision of the
Secretary.
STEP 18
Finality of Decision
(Sec. 7.8)
FINALITY OF THE DECISION
(Sec.7.8)
 
 Once the decision is already final
and executory, the USEC for Legal
shall issue a Certificate of Finality
with a recommendation for its
execution.
STEP 19
Termination
of the Case
(Sec. 7.9 )
 Upon approval by the Secretary,
confiscated items shall become
permanent property of the
Government and entered into the
books as such and disposed of in
accordance with law. The
Secretary's approval shall be
attached to and shall form part
of the permanent records of the
case, which, from the date
thereof, is considered,
terminated and closed.
 Upon approval by the Secretary,
confiscated items shall become
permanent property of the
Government and entered into the
books as such and disposed of in
accordance with law. The
Secretary's approval shall be
attached to and shall form part
of the permanent records of the
case, which, from the date
thereof, is considered,
terminated and closed.
A.M. No. 09-6-8-SC
RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
RULE 21
DOCUMENTARY EVIDENCE
Section 1. Photographic, video and
similar evidence. - Photographs, videos
and similar evidence of events, acts,
transactions of wildlife, wildlife by-
products or derivatives, forest products
or mineral resources subject of a case
shall be admissible when authenticated
by the person who took the same, by
some other person present when said
evidence was taken, or by any other
person competent to testify on the
accuracy thereof.
RULE 21
DOCUMENTARY EVIDENCE
Section 2. Entries in official
records. - Entries in official records
made in the performance of his
duty by a public officer of the
Philippines, or by a person in
performance of a duty specially
enjoined by law, are prima facie
evidence of the facts therein
stated.
 RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
 Section 1. Strategic lawsuit against
public participation (SLAPP). - A legal
action filed to harass, vex, exert undue
pressure or stifle any legal recourse
that any person, institution or the
government has taken or may take in
the enforcement of environmental
laws, protection of the environment or
assertion of environmental rights shall
be treated as a SLAPP and shall be
governed by these Rules.
 RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
 Section 2. SLAPP as a defense; how
alleged. - In a SLAPP filed against a
person involved in the enforcement of
environmental laws, protection of the
environment, or assertion of
environmental rights, the defendant
may file an answer interposing as a
defense that the case is a SLAPP and
shall be supported by documents,
affidavits, papers and other evidence;
and, by way of counterclaim, pray for
damages, attorney’s fees and costs of
suit.
Inquest Procedures
(DOJ Circular No. 61, 1993)
Evidence Needed for an
Inquest Proceedings
 SEC. 4.Particular Documents
Required in Specific Cases.—The
submission, presentation of the
documents listed herein below
should as far as practicable, be
required in the following cases by
the Inquest Officer.
Violation of the Forestry Law (PD 705)
a. scale sheets containing the volume and
species of the forest products confiscated,
number of pieces and other important details
such as estimated value of the products
confiscated;
b. certification of Department of Environment
and Natural Resources/Bureau of Forest
Management; and
c. seizure receipt. The submission of the
foregoing documents shall not absolutely be
required if there are other forms of evidence
submitted which will sufficiently establish the
facts sought to be proved by the foregoing
documents.
END

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