Republic of the Philippines Department of Justice PROVINCIAL PROSECUTORS OFFICE Province of Negros Occidental -oPeople of the Philippines No.

__________ Complainant of 277 and RA 7161 -versusEditha Perolina (Detained) Accused x-------------------------------------------x COMPLAINT The undersigned in his official capacity as Officer-in-Charge, Community Environment and Natural Resources Office (OIC CENRO), DENR, CENRO 8, Bacolod City do hereby accused against the persons of Editha Perolina of legal age and residents of Sitio Tayap, Brgy. Patag, Silay City, Negros Occidental for Violation of Section 77 of PD 705 as amended by EO 277 and RA 7161. That on the following instances, the person of Editha Perolina with residential address at So. Tayap, Brgy. Patag, Silay City did there and then willfully, intentionally and with intent to gain committed acts that in Violation of Section 77, PD 705 as amended by EO 277 and RA 7161, described as follows. That on October 23, 2009, a joint team composed of DENRCENRO Bacolod City personnel, Bantay Bukid Brigade (BBB) of Silay City, PNP personnel of Silay City and Members of 6th Regional Mobile Group (RMG) conducted a raid within the residence of Editha Perolina at So. Tayap, Brgy. Patag, Silay City by virtue of Search Warrant No. 2009-15-69 for the illegal possession of 149 sacks charcoal or 37.25 cubic meters with present market value of P22,350.00 @ P150.00/sack issued by Presiding Judge Hon. Felipe G. Banzon of RTC Branch 69, Silay City. That the illegal acts are done without any requisite permit from DENR to the damage and prejudice of the Government of the Philippines. CONTRARY TO LAW. Criminal Case

For: Violation of Sec 77 PD 705 as amended by EO

JOAN NATHANIEL F. GERANGAYA OIUC, CENR OFFICER SUBSCRIBED AND SWORN to before me this _____day of October 2009. That I hereby acknowledge that I have personally examined the

complainant and I am satisfied that they voluntarily executed the foregoing and fully understand its contents.

______________________________

Documents/evidences attached: 1. Joint Affidavit of SPO3 Christopher Y. Garde and SPO1 Roselo L. Mosquera of the Task Force Ilahas (TFI). 2. Joint affidavit of Forest Ranger Eduard L. Gidaya and Forest Ranger Ireneo L. Fernandez 3. Certification of CENR Officer Joan Nathaniel F. Gerangaya that no permit to possess issued on the suspects. 4. Police Blotter of the incidence. 5. Pictures of the charcoal recovered at the residence of the suspect. 6. Apprehension receipt of the forest products recovered on the area.

Republic of the Philippines Department of Environment and Natural Resources Office COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE CENRO 8, Bacolod City

CERTIFICATION
TO WHOM IT MAY CONCERN: This is to certify that per records of this Office as of October 26, 2009, no permit/s was issued to EDITHA PEROLINA of Sitio. Tayap, Brgy. Patag, Silay City, Negros Occidental for possession of 149 sacks charcoal. This is to certify further that the charcoal has an equivalent volume of 37.25 cubic meters and has a total market value of P22,350.00 @ P150.00/sack recovered within the residence of the above suspect on the above stated location. This certification is issued in support of the filing of a criminal complaint against the above subject persons for violation of Section 77, Presidential Decree 705 as amended. Witness my signature this 26th day of October 2009, Bacolod City, Negros Occidental.

JOAN GERANGAYA

NATHANIEL

F.

OIC CENR Officer CENRO 8, Bacolod City

Republic of the Philippines Department of Environment and Natural Resources Office

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE

CENRO 8, Bacolod City

October 26, 2009

The Honorable Provincial Prosecutor City of Bacolod Sir We are endorsing herewith the complaint against Editha Perolina (Detained) with residents of Sitio Tayap, Brgy. Patag, Silay City Negros Occidental for illegal possession of forest products in violation of Section 77, PD 705 as amended. For evidence to support this charge we are attaching herewith the following;

A. Joint Affidavit of SPO3 Christopher Y. Garde and SPO1 Roselo L. Mosquera of the Task Force Ilahas (TFI). B. Joint affidavit of Forest Ranger Eduard L. Gidaya and Forest Ranger Ireneo L. Fernandez C. Exibits;

1. Certification of CENR Officer Joan Nathaniel F. Gerangaya that no permit to possess issued on the suspects. 2. Police Blotter of the incidence. 3. Pictures of the charcoal recovered at the residence of the suspect. 4. Apprehension receipt of the forest products recovered on the area.

We reserve the rights to present other evidences to support our charge but for purposes of preliminary investigation we believe the above suffices. Thank you very much.

Very truly yours,

JOAN NATHANIEL F. GERANGAYA OIC-CENR Officer CENRO 8, Bacolod City

Republic of the Philippines Department of Environment and Natural Resources Office COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE CENRO 8, Bacolod City

This is to certify that the attached pictures shown above were actually taken last October 23, 2009 the residence of Editha Perolina located at So. Tayap, Brgy. Patag, Silay City, Negros Occidental, where the illegally possessed 149 sacks charcoal was recovered by virtue of Search Warrant No. 2009-15-69 issued by Hon. Judge Felipe B. Guanzon

EDUARD L. GIDAYA Forest Ranger DENR-CENRO Bacolod City

EDUARD L. GIDAYA Forest Ranger DENR-CENRO Bacolod City

SUBSCRIBED AND SWORN to before me this day of ____ day of October 2009 , DENR-CENRO 8 Office, Bacolod City.

PHILIP D. LECHONCITO Forester I, FPLEU Chief

Republic of the Philippines } Province of Negros Occidental} City of Bacolod } x-----------------------------------x JOINT AFFIDAVIT We EDUARD GIDAYA, Forest Ranger/Leader, Quick React Team-2, and IRENEO L. FERNANDEZ, Forest Ranger all personnel of the Community Environment and Natural Resources Office (CENRO) Bacolod City, and presently detailed at the Forest Protection and Law Enforcement Unit (FPLEU) of DENR-CENRO, Bacolod City after having been sworn to in accordance with law depose and state: That As Forest Officers, we are tasked to protect the forest resources, to apprehend and confiscate illegally cut, transported, gathered and possessed forest products, and to arrest persons found violating provisions of Presidential Decree 705 as amended and other Forestry laws, rules, and regulations; That on October 23, 2009 together with members of the Bantay Bukid Brigade (BBB), PNP Personnel of Silay City and Members of 6th Regional Mobile Group (RMG) conducted a raid within the residence of Editha Perolina at So. Tayap, Brgy. Patag, Silay City by virtue of Search Warrant No. 2009-15-69 issued by Presiding Judge Hon. Felipe G. Banzon of RTC Branch 69, Silay City for the illegal possession of forest products. That after serving the search warrant it was found out that Mrs. Perolina possessed 149 sacks of charcoal equivalent to 37.25 cubic meters per physical inventory conducted. The subject charcoal has a present market value of P22,350.00 @ P150.00/sack. We executed this affidavit to attest to the truth of the foregoing and for the purpose of filing a criminal case against the perpetrators for violation of Section # 77 of P.D 705 as amended. In witness hereof, we hereunto affixes our signature this _____ day of February 2006, at Bacolod City, Negros Occidental.

EDUARD L. GIDAYA FERNANDEZ Affiant

IRENEO Affiant

L.

SUBSCRIBED AND SWORN to before me this __________ day of _____________ at City/Municipality of ___________________, Negros Occidental.