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  • Paat V CA Case Digest

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    Roldan Ganados
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    The Supreme Court granted the petition seeking to reverse the Court of Appeals decision regarding the confiscation of a truck used to transport illegal forest products. The Department of Environment and Natural Resources (DENR) has primary authority to enforce forestry laws and determine controversies within its jurisdiction. Section 68-A of the Presidential Decree allows DENR to confiscate conveyances used to violate forestry laws and regulations. The Court ruled the confiscation of the truck by DENR was valid based on the authority granted to the agency by law.

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    Paat v CA Case Digest

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    The Supreme Court granted the petition seeking to reverse the Court of Appeals decision regarding the confiscation of a truck used to transport illegal forest products. The Department of Environment and Natural Resources (DENR) has primary authority to enforce forestry laws and determine controversies within its jurisdiction. Section 68-A of the Presidential Decree allows DENR to confiscate conveyances used to violate forestry laws and regulations. The Court ruled the confiscation of the truck by DENR was valid based on the authority granted to the agency by law.

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    © All Rights Reserved
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    75 views2 pages

    Paat V CA Case Digest

    Uploaded by

    Roldan Ganados
    The Supreme Court granted the petition seeking to reverse the Court of Appeals decision regarding the confiscation of a truck used to transport illegal forest products. The Department of Environment and Natural Resources (DENR) has primary authority to enforce forestry laws and determine controversies within its jurisdiction. Section 68-A of the Presidential Decree allows DENR to confiscate conveyances used to violate forestry laws and regulations. The Court ruled the confiscation of the truck by DENR was valid based on the authority granted to the agency by law.

    Copyright:

    © All Rights Reserved
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    Paat v CA

    G.R. No. 111107 January 10, 1997

    Facts:
     This is a petition, with prayer for temporary
    restraining order and/or preliminary injunction,
    seeking to reverse the decision of the respondent
    Court of Appeals filed by the petitioners
    LOEONARDO A. PAAT, in his capacity as Officer-
    in-Charge (OIC) of the Department of
    Environment and Natural Resources (DENR).
     That on May 19, 1989 a truck of private
    respondent Victoria de Guzman was seized by the
    Department of Environment and Natural
    Resources (DENR, for brevity) personnel because
    the driver could not produce the required
    documents for the forest products found
    concealed in the truck;
     An action of confiscation and was ordered the
    forfeiture of the truck by invoking Section 68-A of
    Presidential Decree No. 705 as amended by
    Executive Order No. 277;
     Subsequently, pending an appeal of private
    respondents' to the DENR Secretary, a suit for
    replevin was filed by the private respondents
    against petitioner with the RTC, which issued a
    writ ordering the return of the truck to private
    respondents;
     Petitioner filed a motion to dismiss with the trial
    court contending that private respondents had no
    cause of action for their failure to exhaust
    administrative remedies;
     But, the trial court denied the motion to dismiss
    and was sustained by Court of Appeals ruling that
    the question involved is purely a legal question.  

    Issue:
     Whether or not the confiscation of the truck used
    in transporting illegal forest products was valid?

    Ruling:
     Petition is granted.
     It is important to point out that the enforcement
    of forestry laws, rules and regulations and the
    protection, development and management of
    forest lands fall within the primary and special
    responsibilities of the Department of Environment
    and Natural Resources. By the very nature of its
    function, the DENR should be given a free hand
    unperturbed by judicial intrusion to determine a
    controversy which is well within its jurisdiction.
     Sec. 68-A of P.D. 705, as amended by E.O. 277
    Administrative Authority of the Department or His
    Duly Authorized Representative to Order
    Confiscation. In all cases of violation of this Code
    or other forest laws, rules and regulations,
    the Department Head or his duly authorized
    representative, may order the confiscation of
    any forest products illegally cut, gathered,
    removed, or possessed or abandoned, and all
    conveyances used either by land, water or
    air in the commission of the offense and to
    dispose of the same in accordance with
    pertinent laws, regulations and policies on
    the matter.
     It is, thus, clear from the foregoing provision that
    the Secretary and his duly authorized
    representatives are given the authority to
    confiscate and forfeit any conveyances utilized in
    violating the Code or other forest laws, rules and
    regulations.
     The phrase "to dispose of the same" is broad
    enough to cover the act of forfeiting conveyances
    in favor of the government. The only limitation is
    that it should be made in accordance with
    pertinent laws, regulations or policies on the
    matter.
     In the construction of statutes, it must be
    read in such a way as to give effect to the
    purpose projected in the statute. Statutes
    should be construed in the light of the object
    to be achieved and the evil or mischief to be
    suppressed, and they should be given such
    construction as will advance the object,
    suppress the mischief, and secure the benefits
    intended. 

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