Escolar Documentos
Profissional Documentos
Cultura Documentos
LLB 2-E
HELD:
In the first issue, yes, the private respondents violated Sec. 68
(78) of Presidential Decree No. 705, as amended by Executive Order
No. 277, otherwise known as the Revised Forestry Code.
This provision makes mere possession of timber or other forest
products without the accompanying legal documents unlawful and
punishable with the penalties imposed for the crime of theft, as
prescribed in Articles 309-310 of the Revised Penal Code. In the
present case, the subject vehicles were loaded with forest products
at the time of the seizure. But admittedly no permit evidencing
authority to possess and transport said load of forest products was
duly presented. These products, in turn, were deemed illegally
sourced. Thus there was a prima facie violation of Section 68 [78] of
the Revised Forestry Code, although as found by the trial court, the
persons responsible for said violation were not the ones charged by
the public prosecutor.
In the second issue, yes, the DENR-seized motor vehicle, with
plate number FCN 143, is in custodia legis.
Upon apprehension of the illegally-cut timber while being
transported without pertinent documents that could evidence title
to or right to possession of said timber, a warrantless seizure of the
involved vehicles and their load was allowed under Section 78 and
89 of the Revised Forestry Code.
Since there was a violation of the Revised Forestry Code and
the seizure was in accordance with law, in our view the subject
vehicles were validly deemed in custodia legis. It could not be
subject to an action for replevin. For it is property lawfully taken by
virtue of legal process and considered in the custody of the law, and
not otherwise.
LALICAN VS. VERGARA
GR NO, 108619, July 31, 1997
Romero, J.:
FACTS:
An information for violation of Section 68 of P.D. No. 705, as
amended by Executive Order No. 277, was filed by the City
Prosecutor of Puerto Princesa City against petitioner Epifanio
Lalican,[1]Ruben Benitez, Allan Pulgar and Jose Roblo before the
Regional Trial Court of that city.
Petitioner Lalican filed a motion to quash the information on
the ground that the facts charged did not constitute an
offense. Contending that Sec. 68 of P.D. No. 705 refers to "timber
and other forest products" and not to "lumber," and asserting that
"timber" becomes "lumber" only after it is sawed into beams, planks
or boards, petitioner alleged that said decree "does not apply to
'lumber.'" He added that the law is "vague and standardless" as it
does not specify the authority or the legal documents required by
existing forest laws and regulations.
ISSUE:
Whether the charge of illegal possession of "lumber" is
excluded from the crime of illegal possession of "timber" as defined
in Sec. 68 of Presidential Decree No. 705 (The Forestry Reform Code
of the Philippines), as amended.
HELD:
No, the charge of illegal possession of "lumber" is not excluded
from the crime of illegal possession of "timber" as defined in Sec. 68
of Presidential Decree No. 705 (The Forestry Reform Code of the
Philippines).
In the recent case of Mustang Lumber, Inc. v. Court of
Appeals,[9] this Court, thru Justice Hilario Davide, held:
"The
Revised
Forestry
Code
contains
no
definition
of
Third
New
International
Dictionary, lumber
is
defined, inter alia, as 'timber or logs after being prepared for the
market.' Simply put, lumber is a processed log or timber.
ISSUE:
ISSUE:
Whether the PICOP has the obligation to keep custody of the
apprehended forest products, tools and conveyances.
HELD:
No, the PICOP has no obligation to keep custody of the
apprehended forest products, tools and conveyances.
PICOP cannot claim the right to retain custody of the
apprehended logs and conveyances by virtue of its being designated
a depository of the DENR pursuant to the assailed Memoranda. As
such depository, petitioner merely holds the confiscated products
and conveyances in custody for the DENR while the administrative
or criminal proceedings regarding said products are pending.
It is clear that PICOP has no material interest to protect in the
confiscated forest products and conveyances. It has no subsisting
proprietary interest, as borne out by its licensing agreements,
which need to be protected by annulling the writ of injunction
issued by the trial court. As observed by the Court of Appeals, any
interest PICOP has in the confiscated properties is dependent on
the outcome of the proceedings before the CENRO-Bislig and the
Office of the Government Prosecution-Surigao del Sur. The issue of
ownership and possession of the confiscated products still has to be
determined in those proceedings. Petitioner had not refuted this.
FELIPE YSMAEL, JR. & CO., INC., vs. THE DEPUTY EXECUTIVE
SECRETARY
G.R. No. 79538
COURTS, J.:
FACTS:
Petitioner entered into a timber license agreement designated
as TLA No. 87 with the Department of Agriculture and Natural
Resources, represented by then Secretary Feliciano, wherein it was
issued an exclusive license to cut, collect and remove timber except
prohibited species within a specified portion of public forest land
located in the municipality of Maddela, province of Nueva Vizcaya.
On August 18, 1983, the Director of the Bureau of Forest
Development, Director Cortes, issued a memorandum order
stopping all logging operations in Nueva Vizcaya and Quirino
provinces, and cancelling the logging concession. After the
cancellation, petitioner sent a letter to President Marcos which
sought reconsideration of the Bureaus directive. Barely one year
after the cancellation, 26,000 hectares of the area formerly covered
by the TLA was re awarded to Twin Peaks Development while the
other half was to be logged by Filipinas Loggers Inc., Petitioner
moved for the reconsideration of the order but it was denied. Felipe
Ysmael sought reconsideration to the Office of the President,
however, it was likewise denied.
ISSUE:
Whether the petitioner has the right to seek the nullification
of the Bureaus orders cancelling his timber license agreement
and the granting of TLA to Twin Peaks.
HELD:
No, the petitioner has no right to seek the nullification of the
Bureaus orders cancelling his timber license agreement and the
granting of TLA to Twin Peaks.
Felipe Ysmael Jr. and Co. Inc., failde to make out a case
showing grave abuse of discretion on the part of public
respondents, thus the Court finds no basis to issue a writ of
certiorari and to grant any of the affirmative reliefs sought.
Public respondents herein, upon whose shoulders rests the
task of implementing the policy to develop and conserve the
VIRGILIO BON
G.R. No. 152160
PANGANIBAN, J.:
vs.
PEOPLE OF THE
January 13, 2004
PHILIPPINES
FACTS:
Virgilio Bon and Alejandro Jeniebre, Jr. were charged for
violating Section 68 of PD 705. Teresita Dangalan-Mendoza owns a
titled agricultural land located in Sorsogon, administered by Virgilio
Bon. Receiving information that trees inside the land were being
stolen, cut and sawed into lumber, she sent her brother Manuel
Dangalan to investigate the report. Dangalan sought the help of
ISSUE:
Whether Bon and Jeniebre were guilty for violation of Section
68 of PD 705.
HELD:
Yes, Bon and Jeniebre were guilty for violation of Section 68 of
PD 705.
Punishable under Sec. 68 of PD 705 are the following acts: (1)
cutting, gathering, collecting or removing timber or other forest
products from the places therein mentioned without any authority;
and (b) possessing timber or other forest products without the legal
documents. Bon was charged with the first offense. Bons guilt was
proven even though the conviction was based on circumstantial
evidence. In the RTC, he admitted, before the presence of a
barangay tanod, that he ordered the cutting and sawing of the
disputed trees.
A review of the records also shows that the fact of the alleged
cutting, gathering and manufacture of lumber from the trees was
proven by the prosecution through the the photographs of tree
stumps, the investigation report of an officer of the CENRO that no
permit was secured for the cutting of the trees, and the CENROs
computation of the value of the timber generated from the felled
trees. This fact, together with the circumstantial evidence,
indubitably points to no other conclusion than that petitioner was
guilty as charged.
agents,
seized
from
complainant
576
pieces
Complainant pointed out that this was the fifth time that
respondent judge issued, under questionable procedure, search
warrants against him for violation of PD 705. Complainant recalled
that on 10 November 1998, respondent judge issued four search
warrants against him (Search Warrant Nos. 281 to 284), authorizing
the seizure from his compound of pagatpat lumber worth more
than P1.5 million. Complainant alleged that the records of the four
warrants did not also contain any transcript of the required
examination of witnesses. Complainant therefore moved to quash
the four warrants. Respondent judge, however, denied the motion
on the ground that he had in fact conducted such examination but
the record of the deposition was misfiled in another case folder
through inadvertence.
ISSUE:
Whether the respondent judge is liable for gross ignorance of
the law.
HELD:
Yes, the respondent judge is liable for gross ignorance of the law.
Section 5, Rule 126 of the Revised Rules of Criminal Procedure
provides:
The judge must, before issuing the warrant, personally examine
in the form of searching questions and answers, in writing and
under oath, the complainant and the witnesses he may produce on
facts personally known to them and attach to the record their
sworn statements, together with the affidavits submitted.
This
provision
implements
the
proscription
against
FACTS:
ISSUE:
Whether it was an error for the Court to convict accused under
Section 68, PD 705 as amended by EO 277
HELD:
No. Accused-appellant's possession of the subject lumber
without any documentation clearly constitutes an offense under
Section 68 of P.D. 705.
DENR Administrative Order No. 59 series of 1993 specifies the
documents required for the transport of timber and other forest
products. There shall be Certificates of Origin issued by authorized
DENR officials. The transport of lumber shall be accompanied by a
CERTIFICATE OF LUMBER ORIGIN (CLO) issued by the CENRO or
his duly authorized representative which has jurisdiction over the
processing plant producing the said lumber or the lumber firm
authorized to deal in such commodities. In order to be valid, the
CLO must be supported by the company tally sheet or delivery
receipt, and in case of sale, a lumber sales invoice.
When apprehended on March 8, 1994, accused-appellant
failed to present any certificate of origin of the 258 pieces of
tanguile lumber.
ROLDAN, JR. vs. HON. MADRONA, et al.
G.R. No. 152989.September 4, 2002
FACTS:
Manuel Jorge Roldan, Jr. is the owner of 60,000 square meters
of land which he bought from a certain Ildefonso O. Maglasang. On
August 9, 2001, he applied for a Private Land Timber Permit (PLTP)
from the Department of Environment and Natural Resources for
him to cut some trees for a proposed road and poultry farm in his
the land claimed to have been possessed for the required number of
years is alienable and disposable. The burden of proof in
overcoming such presumption is on the person applying for
registration (or claiming ownership), who must prove that the land
subject of the application is alienable or disposable.
In the case at bar, no such proclamation, executive order,
administrative action, report, statute, or certification was presented
to the Court. The records are bereft of evidence showing that, prior
to 2006, the portions of Boracay occupied by private claimants were
subject of a government proclamation that the land is alienable and
disposable. Matters of land classification or reclassification cannot
be assumed. They call for proof.
Proc. No. 1801 cannot be deemed the positive act needed to
classify Boracay Island as alienable and disposable land. If
President Marcos intended to classify the island as alienable and
disposable or forest, or both, he would have identified the specific
limits of each, as President Arroyo did in Proclamation No. 1064.
This was not done in Proclamation No. 1801.