G.R. No.

L-55132 August 30, 1988

PEOPLE OF THE PHILIPPINES, rerese!te" #$ t%e O&&'(e o& t%e Pro)'!('*+ F's(*+
L*g*,e I&ug*o, petitioner,
vs.
HON. FRAN-IS-O .EN A/A0, 1u"ge o& t%e -ourt o& F'rst I!st*!(e o& I&ug*o,
L*g*,e, I&ug*o, 12LI2S RO/LES, E02AR0O /AN0AO, .AR-OS O3AGON,
0AG3O 23ANG, 202LON LATTO0, /2--AHAN .2N0IG2ING, 12NIOR
.2N0IG2ING, PI4IT T2N0AG2I, G2INO.ON -HONGA-AP, FERNAN0O TI0-ONG,
12LIO /ALLOGAN, FERNAN GAGGO, -AR.EN GAGGO AN0 /AL/INA PO-3A,
respondents.
.ELEN-IO-HERRERA, J.:
Facts:
Prior to 27 March 1978, the Director of Mines issued a commercial lease permit to one
Felix de astro !rantin! him the exclusive ri!ht to "uarr#, extract and carr# a$a# sand
and !ravel from the %umi!ar &uarr# located at 'ana$e, (fu!ao.
)n complaint *# Felix de astro, an (nformation $as filed in the ourt of First (nstance
of (fu!ao, presided over *# respondent +ud!e, char!in! private respondents $ith the
crime of ,-heft of Minerals, defined and penali.ed under %ection 78 of Presidential
Decree /o. 081, as amended *# Presidential Decree /o. 1182.
3espondents4accused filed a Motion to &uash on the !round that the facts char!ed do
not constitute an offense inasmuch as the# had paid ,sand and !ravel tax,, to the
Municipal -reasurer of 'ana$e, (fu!ao, for the "uarr#in! of sand and !ravel. -he ta5in!,
therefore, accordin! to private respondents, $as $ith the consent of the !overnment.
-he# also invo5ed 6)( /o. 201, $hich allo$s persons to extract sand and !ravel even
$ithin the leased area for use in !overnment infrastructures.
Petitioner opposed the "uashal ar!uin! that it is error to impl# that consent $as !iven
*# the 7overnment throu!h the Municipal -reasurer inasmuch as the taxes paid to the
Municipal 7overnment are not the fees re"uired *# the 'ureau of Mines.
)n 28 +anuar# 1988, respondent +ud!e issued the assailed )rder "uashin! the
(nformation on the !round that violation of P.D. /o. 091 is limited to an administrative
violation and that the crime of -heft under the 3evised Penal ode :;rticle 188< has not
*een committed since malice, $hich is an essential element in the commission of a
crime, is lac5in!.
-he reconsideration pra#ed for *# petitioner $as denied *# respondent on 18 +ul# 1988.
=ence, this certiorari Petition alle!in! !rave a*use of discretion on the part of
respondent +ud!e.
(ssue:
>hether or not the facts char!ed in the (nformation constitute an offense?
3ulin!:
%ection 78. -heft of Minerals. ;n# person $ho, $ithout a minin! lease or a
temporar# permit or, an# other permit !ranted *# the %ecretar# or the
Director under existin! minin! decrees, la$s and re!ulations to mine, shall
extract, remove and@or dispose of minerals *elon!in! to the 7overnment
or from a minin! claim or claims leased, held or o$ned *# other persons,
shall *e deemed to have stolen the ores or the products thereof from the
mines or millsA.
-he elements of the offense, therefore, are that :
:1< the accused extracted, removed and@or disposed of mineralsB
:2< these minerals *elon! to the 7overnment or have *een ta5en from a minin! claim or
claims leased, held or o$ned *# other personsB and
:1< the accused did not possess a minin! lease or a temporar# permit or an# other
permit to mine !ranted *# the %ecretar# or the Director under existin! minin! decrees,
la$s and re!ulations.
Cvidentl#, the (nformation filed in the ourt *elo$ includes all the fore!oin! elements.
-hus, it alle!ed :1< that the accused, conspirin! and mutuall# helpin! one another,
$ilfull# and feloniousl# extracted, removed and@or disposed of minerals or material
a!!re!ates li5e sand and !ravelB :2< the minerals $ere ta5en from the %umi!ar &uarr#,
'ana$e, (fu!ao, $hich is covered *# a commercial permit issued *# the 'ureau of
Mines, 'a!uio it#, in favor of complainin! $itness Felix de astroB and :1< the
extractin! $as done $ithout an# minin! lease or permit of their o$n pursuant to la$.
(t $ill have to *e held, therefore, that *ased upon the facts alle!ed in the (nformation,
the essential re"uisites of the )ffense of ,-heft of Minerals,, as specified *# su*stantive
la$, are present. -hus, respondent +ud!e, in considerin! as evidence the three receipts
of tax pa#ments issued *# the Municipal -reasurer of 'ana$e, (fu!ao, exceeded his
Durisdiction amountin! to !rave a*use of discretion $hen he considered matters of
defense extrinsic to the alle!ations in the (nformation and $hich should *e su*stantiated
durin! the trial.
Moreover, said receipts merel# sho$ pa#ment of taxes pursuant to Provincial )rdinance
/o. 10 and not the authorit# to extract, remove, and@or dispose of minerals from the
%umi!ar &uarr# as re"uired *# P.D. /o. 091. -hose receipts are insufficient evidence to
prove that the proper 7overnment office had, in effect, !ranted the re"uired permit to
extract minerals from said "uarr#.
-he rationali.ation *# respondent +ud!e that the ta5in! a$a# of sand and !ravel $as
$ithout malice *ecause it $as done $ith the 5no$led!e and participation of the
7overnment since private respondents had paid taxes on the sand and !ravel extracted
is not $ell4ta5en. (n crimes punished *# special la$s, the act alone, irrespective of its
motives, constitutes the offense.
>=C3CF)3C, the Petition is !ranted.