Supreme Court Decisions PD 705: Atty. Ismael T. Manaligod Chief Legal Division DENR Region 2
Supreme Court Decisions PD 705: Atty. Ismael T. Manaligod Chief Legal Division DENR Region 2
PD 705
FACTS
On May 19, 1993, RED Batcagan (CAR) issued a permit allowing the cutting of 14 dead
Benguet Pine trees within the Teacher’s Camp in Baguio City. On July 23, 1993, some of
the forest rangers proceeded at the teacher’s camp because they received information
that pine trees were being cut without proper authority. There they found petitioner FRs
Ernesto Aquino and Michael Cuteng who were supervising the cutting of the trees. The
forest rangers found that the trees cut exceeded the number of trees allowed by the
permit.
ISSUE
RULING
Tansiongco discovered that Sesinando Merida cut a narra tree in his private land, the
Mayod Property. Tansiongco reported the matter to the punong barangay who
summoned petitioner to a meeting. During that meeting, Merida made extrajudicial
admissions that he did cut the tree but claimed that he did so with the permission of
Vicar Calix, who, he alleges, bought the Mayod Property from Tansiongco.
Tansiongco again reported the matter, this time with the DENR. Merida made the same
extrajudicial admissions.
Tansiongco filed a complaint with the Provincial Prosecutor charging Merida with
violation of Section 68 of PD No. 705. The Prosecutor found probable cause and filed the
information with the trial court. The trial court found Merida guilty as charged. The
Court of Appeals affirmed the trial court’s judgment.
Merida v. People of the Philippines
June 12, 2008
ISSUES
(1) Whether the trial court acquired jurisdiction over the case
considering that it was filed by a private individual and not
by a DENR forest officer.
According to the Revised Rules of Criminal Procedure, the list of cases which must be
initiated by the complainant does not include cases concerning Section 68 of PD No. 705.
Moreover, “Section 80 of PD No. 705 does not prohibit an interested person from filing a
complaint before any qualified officer for violation of Section 68 of PD No. 705, as amended.”
Merida constantly represented to the authorities that he cut a narra tree in the Mayod Property.
Therefore, his extrajudicial admissions are binding on him.
QUESTION TO ED: DAO 90-79 – lifting the ban on cutting in title property except premium
species still applicable?
QUESTION:
FACTS
CENRO Virac apprehended a truck loaded with illegally-cut lumber and arrested its
driver. Upon investigation, the driver pointed to Amado Taopa and Rufino Ogalesco
as the owners of the seized lumber. Subsequently, Taopa and Ogalesco were charged
with violating Section 68 of PD No. 705. The trial court convicted all of them of the
charge but only Taopa and the driver appealed the conviction.
DEFENSE OF TAOPA : “the prosecution failed to prove that he was one of the owners
of the seized lumber as he was not in the truck when the lumber was seized.”
Taopa v. People of the Philippines
November 25, 2008
RULING
FACTS
FACTS
FACTS
RULING
Yes. The vehicles are in custodia legis. Under the Revised Forestry Code,
the DENR is authorized to seize all conveyances used in the commission of
an offense in violation of Section 78. Under this provision, mere
possession of forest products without the requisite legal documents is
unlawful. In this case, the motor vehicles loaded with forest products
were not accompanied with the necessary license or permit. “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.”
RELATED CASES
RULING:
1. The guilt or the innocence of the accused in the criminal
case is immaterial, because what is punished under Section
68 is the transportation, movement or conveyance of forest
products without legal documents.
RULING:
The DENR is not compelled to criminally prosecute and can just confiscate lumber. The
Secretary’s authority to confiscate forest products under Section 68 of PD No. 705 is
“distinct from and independent of the confiscation of forest products in a criminal action
provided for in Section
68 of PD No. 705.” In a former case, the Court has held that “precisely because of the need
to make forestry laws ‘more responsive to present situations and realities’ and in view of
the ‘urgency of conserve
the remaining resources of the country,’ that the government opted to add Section 68-A.
QUESTIONS:
FACTS
On December 31, 1995 in Pagalungan CDO, Granada saw a PUJ loaded with timber
stop in his house, Driver Latayada and Boyatac accompanied by 4 others unloaded
timber near the Batinay Bridge.
On January 13, 1996, Casenas, a radio and TV personality of RMN-TV8, took
footages of the timber hidden and covered by coconut leaves. Casenas also took
footages of more logs inside a bodega at the other side of the bridge. In the
following evening, the footages were shown in a news program on television. On
the same day, members of the DENR Region 10 Strike Force Team measured the
timber and determined that it totaled 4,326 board feet.
Villarin vs People
August 21, 2011
FACTS
Upon further investigation, it was learned that the timber was requisitioned by
Villarin, who was then Barangay Captain of Pagulangan, Cagayan de Oro City. Villarin
gave the specifications for the requisitioned timber. Thereafter, Boyatac informed
Villarin that the timber was already delivered on December 31, 1995. In defense,
Villarin alleged that the Barangay Council authorized the repairt of the bridge. He was
merely pressured by the clamor of the people to make the bridge passable again.
Villarin also alleged that the timber which was already used in the bridge was not
presented, hence, the corpus delicti of the crime was not presented.
Villarin vs People
August 21, 2011
RULING
3. Value of the lumber must be proven as a fact. (in People vs Dator the
SC held that there should be proof independent of the DENR
valuation.
QUESTION:
- The SC ruled that DENR has no exclusive authority to issue the permit
as the LGC may issue such within its AOR.