Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
Oroquieta City, Misamis Occidental

CEDRIC B. LLAMIS, ARMIN B. NPS Docket No. ____________________

ABERGAS, ZERNAN L.
VILLANUEVA II, DARME B.
ABCEDE, JR., CHERRYL S.
PUNAY, and EUGENE I.
MARTIR, (all personnel of CENRO-
Ozamiz)
Complainants,

- versus - For: Violation of Sec. 68, P.D. 705

(as amended by E.O. 277 and
renumbered as Sec. 77 by R.A. 7161)
and Sec 7(1) R.A. 9175

BENJAMIN LAURON, JR.,

Respondents.
x - - - - - - - - - - - - - - - - - - - - - - - - - //

JOINT AFFIDAVIT-COMPLAINT
(Judicial Affidavit Form)

We, CEDRIC B. LLAMIS, ARMIN B. ABERGAS, ZERNAN L.

VILLANUEVA II, DARME B. ABCEDE, JR., CHERRYL S. PUNAY
and EUGENE I. MARTIR, all of legal age, Filipino, residents of (Cagayan
de Oro City, Misamis Oriental); (Tudela, Misamis Occidental); (Napurog,
Tudela, Misamis Occidental ); (Baroy, Lanao del Norte), (San Antonio,
Ozamiz City, Misamis Occidental), respectively; and personnel of the
Department of Environment and Natural Resources Region 10 (DENR 10)
assigned at the Community Environment and Natural Resources Office
(CENRO) – Ozamiz City, with office address at Gango, Ozamiz City,
Misamis Occidental, after having been duly sworn to an oath in accordance
with law, hereby execute this Affidavit-Complaint, in a question and answer
form, conducted by ATTY. VIRGIL P. TAN, JR., with office address at
the Legal Division, DENR-Region 10, Puntod, Cagayan de Oro City,
Misamis Oriental. This examination is being held at CENRO- Gango,
Ozamiz City, Misamis Occidental. We are fully aware that we are answering
the questions under oath and under pain of criminal liability in case of any
false or perjured testimony, to wit:

QUESTION AND ANSWER

1
Legend: Q – Question A – Answer
1. Q: Do you swear to tell the truth and nothing but the truth only?

A: Yes.
2. Q: Please state your names, residences, highest educational
attainment and other personal circumstances.

A: My name is Cedric B. Llamis, of legal age, a resident of

(Cagayan de Oro City, Misamis Oriental), and I am a Forest
Ranger having a degree in General Radio Communication
Operator.

My name is Zernan L. Villanueva II, of legal age, a resident of

(Maningcol, Ozamiz City, Misamis Occidental), and I am a
Forest Ranger having a degree in B.S. Computer Engineering.

My name is Darme B. Abcede, Jr., of legal age, a resident of

(Napurog, Tudela, Misamis Occidental), and I am a Forest
Ranger having a degree in B.S. Information and Technology.

My name is Cherryl S. Punay of legal age, a resident of (Baroy,

Lanao del Norte), and I am a Forest Ranger having a degree in
B.S. Commerce.
My name is Eugene I. Martir of legal age, a resident of (San
Antonio, Ozamiz City, Misamis Occidental), and I am a Forest
Ranger having a degree in Computer Technology (Vocational).

3. Q: Where are you currently connected with?

A: We are all personnel of the Department of Environment and
Natural Resources Region 10 (DENR 10) assigned at the
Community Environment and Natural Resources Office
(CENRO)-Ozamiz, with office address at Gango, Ozamiz City,
Misamis Occidental. We are all members of the Monitoring and
Enforcement Section thereat.

4. Q: Why are you here in my office today?

A: We would like to execute an affidavit regarding apprehension

of Acacia Mangium log bolts with a total volume of 2.33 cubic
meters (cu. m.) and the confiscation of a 6-wheeler, Isuzu Elf
truck with Plate No. MBN 413 at Barangay Bongabong,
Tudela, Misamis Occidental last February 14, 2019.

2
5. Q : Kindly narrate the incidents that led to the apprehension that
you mentioned.
A : Last February 14, 2019, on or about 02:00 o’clock in the
afternoon, while we were heading to Barangay Camating in
Tudela, Misamis Occidental, to respond to a verbal report on a
cutting incident, before we reached at the said area, however in
Barangay Bongabong in the same Municipality, we
encountered a red/blue Isuzu elf with Plate No. MBN-413
loaded with forest products and chainsaw, respectively.

6. Q : What happened next, if any?

A : We flagged down the truck. We then introduced ourselves that

we were employees of the Department of Environment and
Natural Resources or DENR assigned at the Community
Environment and Natural Resources Office or CENRO-
Ozamiz. We informed them that we were assigned at the
Enforcement Unit of CENRO-Ozamiz and that it is our job to
monitor and patrol any and all cutting, gathering and/or
collecting of timber, or other forest products without
license/permit or any legal documents.

7. Q : What happened next, if any?

A : We then asked them if we could interrogate them for
verification.

8. Q : What happened next, if any?

A : The driver identified himself as Luis Saldua, a resident of

Tudela, Misamis Occidental. The companion introduced
themselves as Jelito Acuina, Michael Sobisol and Marvin
Bantilan a residents of Tudela, Misamis Occidental, respectively
who admitted to us that they were only helpers “pahenante/s’’
of the said truck loaded therein A. Mangium and Olingon
lumbers/flitches. Misamis Occidental, they just informed us that
the registered owner of the 6-wheeler truck is a certain Mr.
Benjamin Lauron, Jr. a resident of Barangay Locsoon, Tudela,
Misamis Occidental.

9. Q : What happened next, if any?

A : We then asked them if they have a travel permit for the

transportation of the said Acacia Mangium logbolts.

10. Q : What was there answer, if any?

A : They said that they have no travel permit to show us.

3
11. Q : What happened next, if any?

A : We then asked them what documents they were carrying to

make the gathering and for the transportation of the Acacia
Mangium log bolts valid and legal.

12. Q : What was there answer, if any?

A : They said they have no documents to show us.

13. Q : What happened next, if any?

A : We then informed them that because they have no legal

documents to show us for the transport of the forest products,
then we will be apprehending the said forest products, chainsaw
and confiscate the 6-wheeler truck, respectively.

14. Q : What happened next, if any?

A : We then filled up the Apprehension Receipt and the Tally Sheet
for the said apprehension.

15. Q : What happened next, if any?

A : We also took geo-tagged photographs of the apprehension to
serve as our photo documentation.

16. Q : What was the result stated in the Tally Sheet?

A : We counted a total of forty-two (42) pieces of Acacia Mangium
log bolts in assorted dimension and the total volume of 2.33
cubic meters (cu. m.).

17. Q : What was the result stated in the Apprehension Receipt?

A : Pursuant to the Provision of P.D. 705, as amended by Executive
Order 277, the following products and/or conveyance, to wit: 1
unit (Isuzu Elf) 6-wheeler truck with Plate No. MBN 413, with
estimated value of P200, 000.00 and forty-two (42) pcs. of
Acacia Mangium log bolts in assorted dimension with estimated
value of P14,826.45 and one (1) unit chainsaw with estimated
value of P 20, 000.00 is/are hereby declared under apprehension
in violation of P.D. 705, Section 68 renumbered as Section 77,
i.e. Illegal cutting, gathering, possession and transport of forest
product without approved permit/documents and violation of
Section 7(1) of R.A. 9175.

18. Q : What happened next, if any?

4
 A : We then brought the 6-wheeler truck loaded with 42 pcs. of
Acacia Mangium logbolts with volume of 2.33 cubic meter (cu.
m.) to Tudela MPS, Tudela, Misamis Occidental under the
custody of PSI Dennis Aranggo, pending formal administrative
proceedings for the disposition thereof.

19. Q : What happened next, if any?

A : A Seizure Order was issued on March 1, 2019 by OIC CENR
Officer, Forester Guilry D. Cabatuan.

20. Q : What happened next, if any?

A : We informed them that we will be sending them a letter inviting
them to attend the administrative proceedings or deliberation
regarding the disposition of the apprehended forest product and
conveyance.

21. Q : What happened next, if any?

A : On January 22, 2019, we prepared and signed an Apprehension
Report of Assorted Dimension A. Mangium and Olingon
lumber/flitches by the Enforcement Unit Team of this Office.

22. Q : What happened next, if any?

A : On January 23, 2020, the Enforcement Unit Chief endorsed our
Apprehension Report to the Head of our office, OIC CENR
Officer Guilry D. Cabatuan.

23. Q : What happened next, if any?

A : On March 4, 2019, CENRO-Ozamiz, through the Deputy CENR
Officer designate, Forester Mercy P. Uy, sent a letter address to
Mr. Benjamin Lauron, Jr., Chief of Police of Tudela MPS, PSI
Dennis Aranggo and Mr. Jay Ganase, the Municipal ENRO
inviting them to attend the administrative proceedings or
deliberation to be conducted on March 6, 2019 at 10:00 o’ clock
in the morning at CENRO-Ozamiz.

24. Q : What happened next, if any?

A : On 6 March 2020, our Office conducted the Administrative
Adjudication Re: Apprehended Acacia Mangium log bolts
loaded on a 6-wheeler truck bearing Plate No. MBN-413 at
Barangay Bongabong, Tudela, Misamis Occidental.

25. Q : Who attended the said Administrative Deliberation on 6 March

2019?

5
 A : Personnel of CENRO-Ozamiz, and Mr. Benjamin Lauron, Jr. the
respondent.

26. Q : What happened next, if any?

A : On March 6, 2019, we prepared the Minutes of the

Administrative Adjudication Proceedings Re: Apprehended
Acacia Mangium log bolts/flitches loaded on a 6-wheeler truck
(white Isuzu Elf) bearing Plate No. MBN-413 at Barangay
Bongabong, Tudela, Misamis Occidental.

27. Q : What is the reason why the Administrative Adjudication

Proceedings is conducted, if you know?

A : It is pursuant to DENR Administrative Order No. 97-32 which

provides for the rules for the administrative apprehension,
seizure, confiscation, and disposition of illegally possessed, cut,
gathered, removed, or transported forest products, the
machinery, equipment, tools and implements used in connection
therewith, and of the conveyances used to move or otherwise
transport the same.

28. Q : What are you trying to determine in the said administrative

adjudication?

A : The office is trying to determine on whether or not to confiscate

the illegally possessed, cut, gathered, removed, or transported
forest products, the machinery, equipment, tools and implements
used in connection therewith, and of the conveyances used to
move or transport the same.

29. Q : What are the presumptions provided for in DAO 97-32, if any?

A : In Section 7 (3) of DAO 97-32, it states that, “[i]n administrative

proceedings conducted pursuant hereto, the following shall be
considered presumptions of fact and/or law 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

6
 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 2(a) hereof

were obtained from an illegal source.

30. Q : What happened during the said Administrative Adjudication, if

any?

A : During the Administrative Adjudication it has been asked by the

presiding adjudicatory officer that time, Forester Mercy P. Uy if
the respondent Mr. Benjamin Lauron, Jr. have any
documents/permit to warrant the legality of the forest products,
machinery, tools, equipment or implements seized therein as
well as the conveyance used thereat. The respondent answered
that he only possessed a certification from the barangay.

31. Q : What happened next, if any?

A : We informed him that he apparently violated the law,

specifically section 77 of P.D. 705 and R. A. 9175 and that we
are constrained to file a criminal complaint against him
identified as the registered owner of the truck and deemed to be
the owner of illegally transported forest products because it is
presumed to be under his control.

32. Q : Is this the reason why you are in my office today?

A : Yes. We are now formally filing a criminal complaint against

Mr. Benjamin Lauron, Jr. for violation of P.D. 705, specifically
Section 68 thereof, as amended by E.O. 277 (and renumbered as
Sec. 77 by R.A. 7161) which states that:

“Section 68. Cutting, Gathering and/or Collecting Timber, or

Other Forest Products Without License. Any person who shall
cut, gather, collect, remove timber or other forest products
from any forestland, or timber from alienable or disposable
public land, or from private land, without any authority, or
possess timber or other forest products without the legal
documents as required under existing forest laws and
regulations, shall be punished with the penalties imposed under
Articles 309 and 310 of the Revised Penal Code: Provided, That
in the case of partnerships, associations, or corporations, the
officers who ordered the cutting, gathering, collection or
possession shall be liable, and if such officers are aliens, they

7
 shall, in addition to the penalty, be deported without further
proceedings on the part of the Commission on Immigration and
Deportation.

The court shall further order the confiscation in favor of the

government of the timber or any forest products cut,
gathered, collected, removed, or possessed as well as the
machinery, equipment, implements and tools illegally used in
the area where the timber or forest products are found.”

And under Section 7(1) of R.A. 9175 provides that. – Any

person who sells, purchases, transfers the ownership,
distributes, or otherwise disposes or possesses a chainsaw
without first securing the necessary permit from the
Department shall be punished with imprisonment of four (4)
years, two (2) months and one (1 ) day to six years or a fine
of not less than Fifteen thousand pesos (PhP 15,000.00) but
not more than Thirty thousand pesos (PhP 30,000.00) or
both at the discretion of the court, and the chainsaw/s
confiscated in favor of the government.

33. Q : Do you have anything more to say?

A : Yes. We would like to further state that the DENR issued

Department Administrative Order (DAO) 97-32, which provides
that:

“Section 10. Arrests and Prosecution for Other Offenses.

xxx

(4) In initiating and prosecuting criminal charges in pursuant to

this Section, the cognizant DENR officer shall, in addition to the
indictment, contemporaneously file for: (a) actual damages in
an amount equivalent to the value of the illegal forest
products confiscated by virtue hereof; as well as (b) moral
and exemplary damages for prejudice to the environment, in
an amount equivalent to ten times (10x) the value of the
forest products confiscated by virtue hereof.”

34. Q : What does that DAO 97-32 mean, if you know?

A : It means that we have apprehended 2.33 cubic meters (cu. m.)
of Acacia Mangium log bolts with an estimated value of
P14,826.45 which shall be the basis for the actual damages that
the respondents hereof should also be made to pay.

In addition to the same, the respondents should also be made

liable for moral and exemplary damages for the prejudice caused

8
 to the environment in the amount of P148, 264.50, an amount
ten times (10x) the value of the forest products confiscated from
the respondents.

35. Q : Where are your documentary evidence, if any?

A : We are herewith attaching them in our Complaint as Annexes:

a. Apprehension Receipt dated February 14, 2019

b. Tally Sheet
c. Certified Photo Documentation of the apprehension
dated February 14, 2019
d. Report of the Apprehended Assorted Dimension of
Acacia Mangium dated February 18, 2019
e. Apprehension Report of the Enforcement Unit Head
addressed to the CENR Officer dated February 18,
2019
f. Seizure Order dated March 1, 2019
g. Letter of Invitation dated March 4, 2019 addressed to
Mr. Benjamin Lauron, Jr. and received on same date.
h. Letter of Invitation dated March 4, 2019 addressed to
PSI Dennis Aranggo and received on same date by
NUP Vacalares
i. Letter of Invitation dated March 4, 2019 addressed to
Mr. Jay Ganase received on March 5, 2019
j. Minutes of the Administrative Adjudication dated
March 6, 2019
k. Negative Certification issued on February 27, 2020

36. Q : You handed to me all the aforementioned documents. I will

attach these to your Affidavit-Complaint to be made as an
integral part hereof. Do you affirm and confirm my actions?
A : Yes.

37. Q : Do you have anything more to say?

A : None as of the moment.

No further questions.

Affiants sayeth naught.

IN WITNESS WHEREOF, we have hereunto affixed our signature

this _______________ at Ozamiz City, Misamis Occidental.

CEDRIC B. LLAMIS, ARMIN B. ABERGAS,

9
 Forest Ranger/Affiant Forest Ranger/Affiant

ZERNAN L. VILLANUEVA II, DARME B. ABCEDE, JR.,

Forest Ranger/Affiant Forest Ranger/Affiant

CHERRYL S. PUNAY EUGENE I. MARTIR

Forest Ranger/Affiant Forest Ranger/Affiant

SUBSCRIBED AND SWORN to before me on the date and place above-written.

Affiants were identified by me through competent evidence of identity to be the same
persons who executed the foregoing instrument and signed the same in my presence, and
who took an oath before me affirming that they executed the same based on their
personal knowledge and information.

Witness my hand and seal.

Doc. No.__38_; ATTY. VIRGIL P. TAN, JR.

Page No.___9_; NOTARY PUBLIC
Book No._IV__; Until December 31, 2020
Series of 2020. For the Province of Bukidnon
Notarial Commission No. 26-19
Roll of Attorneys No. 67536
IBP Lifetime No. 017137/ 18 May 2017 / Bukidnon
PTR No. 3276193 / 16 January 2019 / Bukidnon
TIN 335-571-850-000

SWORN ATTESTATION

I hereby attest and certify under oath that I, VIRGIL P. TAN, JR., a resident of
Purok 17, Hindangon, Valencia City, Bukidnon, am the one who conducted the
examination of the complainants, CEDRIC B. LLAMIS, ARMIN B. ABERGAS,
ZERNAN L. VILLANUEVA II, DARME B. ABCEDE, JR., CHERRYL S. PUNAY
and EUGENE I. MARTIR, and that I have faithfully recorded the questions propounded
and the corresponding answers given by said complainants. I further attest that neither I
nor any other person coached the complainants regarding their answers.

VIRGIL P. TAN, JR.

Roll of Attorneys No. 67536 | IBP Lifetime Member No. 017137

SUBSCRIBED AND SWORN to before me this ________________, in Ozamiz

City, Misamis Occidental.

10