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DENR vs. Daraman
DENR vs. Daraman
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THIRD DIVISION
[G.R. No. 125797. February 15, 2002]
DEPARTMENT OF ENVIRONMENT and NATURAL
RESOURCES (DENR), Region VIII, Tacloban City,
Represented by Regional Executive Director Israel C.
Gaddi, petitioner, vs. GREGORIO DARAMAN,
NARCISO LUCENECIO and Hon. CLEMENTE C.
ROSALES, Presiding Judge, Regional Trial Court,
Branch 32, Calbayog City, respondents.
DECISION
PANGANIBAN, J.:
Under the Revised Forestry Code of the Philippines,
particularly Section 68-A, the Department of
Environment and Natural Resources secretary or a
duly authorized representative may order the
confiscation in favor of the government of, among
others, the vehicles used in the commission of
offenses punishable by the said Code.
The Case
Before us is a Petition for Review on Certiorari under
Rule 45 of the Rules of Court, assailing the December
6, 1995 Decisioni[1] and the June 3, 1996 Orderii[2] of
the Regional Trial Court (RTC) of Calbayog City
(Branch 32) in Criminal Case No. 1958. The assailed
Decision disposed as follows:
WHEREFORE, for insufficiency of evidence, the
Court hereby declares accused GREGORIO
DARAMAN and NARCISO LUCENECIO acquitted of
the crime charged, with costs de [o]ficio.
The bond of the accused is hereby cancelled.
The court hereby orders the CENR Officer of Samar,
or any DENR employee who is taking custody of the
Holy Cross Funeral Services vehicle St. Jude, with
Plate No. HAJ-848, to return the said vehicle to the
owner thereof.iii[3]
The assailed Order denied the Motion for
Reconsideration challenging the last paragraph of the
Decision regarding the return of the subject vehicle to
herein respondents.
The Facts
In the assailed Decision, the trial court summarized
the facts of this case as follows:
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Respondent
judge
utterly
disregarded and/or misinterpreted
the provisions of Presidential
Decree No. 705, as amended by
Executive Order No. 277, otherwise
known as the Revised Forestry
Code of the Philippines.
(C)
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