April 20, 2019
On February 27, 2019 the Provincial Environment and Natural Resources – Leyte (PENRO-Leyte) in coordination with MGB-Regional Office VIII, led an apprehension of illegally transported mineral products at Brgy. San Isidro, Sta. Fe, Leyte. During the course of apprehension one (1) unit Hyundai dump truck owned by Mr. Patrick De La Peña and two (2) units Shacman dump trucks owned by Mr. Jason Ko were seized by the apprehending personnel for transporting mineral products without the corresponding Delivery Receipts.
Pursuant to Section 117 of DENR Administrative Order (DAO) No. 2010-11, the Revised Implementing Rules and Regulations of the Philippine Mining Act of 1995 (RA 7942), the transport of sand and gravel shall be covered by a Delivery Receipt.
A Confiscation proceeding was conducted, with proper notice to the concerned parties, for the determination of the offense committed and the penalty to be imposed. Records of the confiscation proceedings, including the resolutions by the PENRO-Leyte, were transmitted to MGB-RO8 for appropriate actions. The MGB-RO8, upon assessment of the submitted records, informed the parties to pay the corresponding penalty as indicated in the resolutions and the execution of Affidavit of Undertaking, stating among others, that they will not commit a similar offense in the future. After the parties paid the penalties and executed the Affidavit of Undertaking as required, release orders were issued by MGB-RO8 for the release of the seized trucks. However, the loads of mountain soil were forfeited in favor of the government and deposited in PENRO-Leyte.
PROCEEDINGS ON THE APPREHENDED CONVEYANCE LOADED WITH
MOUTAIN SOIL IN VIOLATION OF RA 4972: A CASE OF JASON KO & PATRICK DE LA PEÑA