Republic of the Philippines

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

GUILRY D. CABATUAN, ARMIN NPS Docket No. ____________________

B. ABERGAS and EUGENE I.
MARTIR, (all personnel of CENRO-
Ozamiz)
Complainant,

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

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

BIENVENIDO ESPINAS,
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - - //

AFFIDAVIT-COMPLAINT
(Judicial Affidavit Form)

We, GUILRY D. CABATUAN, ARMIN B. ABERGAS and

EUGENE I. MARTIR all of legal age, Filipino, resident of (Villaflor,
Oroquieta City, Misamis Occidental); (Pan-ay, Clarin, Misamis Occidental)
and (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

Legend: Q – Question A – Answer

1. Q: Do you swear to tell the truth and nothing but the truth only?

A: Yes.

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

A: My name is Guilry D. Cabatuan, of legal age, a resident of

(Villaflor, Oroquieta City, Misamis Occidental), and I am
Forester by profession, the current OIC CENR Officer of
CENRO-Ozamiz having a degree in B.S. Forestry.

My name is Armin B. Abergas, of legal age, a resident of (Pan-

ay, Clarin, Misamis Occidental), and I am Forest Ranger having
a degree in B.S. Forestry.

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 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.
I am the OIC CENR Officer and my subordinates FR. Abergas
and FR Martir are assigned at 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 Antipolo flitches with a total volume of 4,600 (bd.ft.) at
Barangay Canicapan, Clarin, Misamis Occidental last August
24, 2018.

5. Q : Kindly narrate the incidents that led to the apprehension that

you mentioned.
A : Last August 24, 2018, on or about 4:00 o’ clock in the
afternoon, we went to Barangay Canicapan, Clarin, Misamis
Occidental to verify the information via phone call received by
Abergas from unknown caller that there is an alleged cutting of
trees in the said area.

6. Q : What happened next, if any?

A : We (personnel who conducted the verification) went to the area

upon the instruction of our direct Superior. As we arrived in the
area it was immediately apparent with our very own eyes or in
plain view, there were flitches laid on the ground, a total of

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 eighty-four (84) pieces, more or less of Antipolo we have seen
in the area and due to that we deemed believed that there is a
prima facie evidence of a violation of environmental laws.
According to the residents nearby, the cutting was ordered by
Mr. Bienvenido Espinas who is also the owner of the private
property.

7. Q : What happened next, if any?

A : We then introduced ourselves that we are 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 him that we are
assigned at the Monitoring and 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

A : We then asked him if we could interrogate him for some

clarifications.

8. Q : What happened next, if any?

A : We then asked him if he has documents/permit that would

warrant the order of cutting and possession of forest products.

9. Q : What was her answer, if any?

A : she said that she has no documents to show us.

10. Q : What happened next, if any?

A : We then informed him that because he has no legal documents

to show us for the cutting and possession of the forest products
then we will be apprehending it.

11. Q : What happened next, if any?

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

12. Q : What happened next, if any?

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

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

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 A : We counted a total of eighty-four (84) Antipolo flitches with
equivalent volume of 4,600 (bd. ft.).

14. 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 forest products was: eighty-four (84) Antipolo
flitches with equivalent volume of 4, 600 (bd. ft.) assorted in
dimension with estimated value a total of Php 30,000.00 is/are
hereby declared under apprehension in violation of P.D. 705,
Section 68 renumbered as Section 77, i.e. Illegal cutting,
gathering and possession of forest products.

15. Q : What happened next, if any?

A : We then brought the apprehended forest products to the
Barangay Office of barangay Canicapan, Clarin,
under the custody Barangay Chairman Teddy F. Dula for
temporary safekeeping pending formal administrative
proceedings for the disposition thereof.

16. Q : What happened next, if any?

A : A Seizure Order was issued on 13 September 2018 by OIC
CENR Officer, Forester Guilry D. Cabatuan.

17. Q : What happened next, if any?

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

18. Q : What happened next, if any?

A : On 29 August 2018, we prepared and signed an Apprehension
Report of Assorted Dimension of Antipolo flitches by the
Enforcement Unit Team of this Office.

19. Q : What happened next, if any?

A : On the same day, the Enforcement Unit Chief, Forester Mercy P.
Uy endorsed our Apprehension Report to the Head of our office,
OIC CENR Officer Guilry D. Cabatuan.

20. Q : What happened next, if any?

A : On 21 November 2018, our Office conducted the Administrative
Adjudication Re: Apprehension Report of Assorted Dimension
of Antipolo flitches by the Enforcement Unit Team of this
Office and it is presided by Forester Mercy P. Uy.

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21. Q : Who attended the said Administrative Deliberation on 21
November 2018?
A : Personnel of CENRO-Ozamiz; Emma P. Lumantap, Wilfredo
Doydoy; Hon. Teddy F. Dula; and Bienvenido Espinas

22. Q : What happened next, if any?

A : We took geo-tagged photographs of the conduct of the

Administrative Deliberation to serve as our photo documentation
for the said activity.

23. Q : What happened next, if any?

A : On 21 November 2018, we prepared the Minutes of the

Administrative Adjudication Proceedings Re: Apprehension
Report of Assorted Dimension of Antipolo flitches at Barangay
Canicapan, Clarin, Misamis Occidental which was presided by
Forester Mercy P. Uy.

24. 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.

25. 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.

26. 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

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 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 2(a) hereof

were obtained from an illegal source.

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

any?

A : During the administrative adjudication Mr Bienvenido Espinas

confirmed that he is the owner of the lot where the Antipolo
trees planted. Mr. Wilfredo Doydoy approaches him and they
agreed allegedly the latter bought the forest products without
any legal document/s or permit/s prior to the cutting and thus
resulted to the apprehension.

28. Q : What happened next, if any?

A : We informed her that she violated the law, specifically P.D. 705
and that I am constrained to file a criminal complaint against her
identified and deemed the owner of the forest products since she
also did not categorically deny the order of cutting presumed to
be under his control.

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

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

Mr. Bienvenido Espinas 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 77. 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

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 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
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.”

30. 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.”

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

A : It means that we have apprehended 4, 600 board feet (bd.ft.) of
Antipolo flitches in assorted dimension of with estimated value a
total of Php 30,000.00 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
to the environment in the amount of Php 300, 000.00, an

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 amount ten times (10x) the value of the forest products
confiscated from the respondent.

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

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

a. Apprehension Receipt dated August 24, 2018

b. Tally Sheet
c. Certified Photo Documentation of the apprehension
d. Apprehension Report of the Enforcement Unit Head
addressed to the CENR Officer dated August 29, 2018
e. Seisure Order issued by OIC-CENR Officer September
13, 2018
f. Minutes of the Administrative Adjudication dated
November 21, 2018
g. Attendance Sheet of Administrative Adjudication dated
November 21, 2018
h. Negative Certification 2020

33. 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.

34. 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.

ARMIN B. ABERGAS EUGENE I. MARTIR

Forest Ranger/Affiant Forest Ranger/Affiant

GUILDY D. CABATUAN
OIC CENR Officer/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.

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 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 2019. 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, Pauline Mae P. Araneta, a resident of
Purok 17, Hindangon, Valencia City, Bukidnon, am the one who conducted the
examination of the complainants, GUILRY D. CABATUAN, JAROLD N. SEVILLA,
EUGENE I. MARTIR, and DARME B. ABCEDE, JR. 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 PADILLA TAN, JR.

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

SUBSCRIBED AND SWORN to before me this ________________, in Ozamiz

City, Misamis Occidental.