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Paat V CA Case Digest
Paat V CA Case Digest
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.