G.R. No. 152989
September 4, 2002
FACTS:
Petitioner is the owner of a parcel of land consisting of about 60,000 square meters covered by Transfer Certificate of Title No. TP-331 which he bought from a certain Ildefonso O. Maglasang.
On August 9, 2001, petitioner 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 property.
While waiting for the permit to be issued, petitioner was allegedly informed by some employees from the Department of Environment and Natural Resources (DENR) that he could proceed with the cutting of trees even though his application was still awaiting approval.
Consequently, petitioner proceeded with the cutting of trees and bulldozing of the roadway.He used the cut logs as materials to build his chicken cages.
About three weeks later, representatives of the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources and personnel from the Intelligence Service, Armed Forces of the Philippines (ISAFP) of Tacloban City raided petitioner's place, allegedly without a search warrant. An inventory of the cut trees was conducted. The logs were not confiscated but were entrusted to a barangay kagawad since there was allegedly no search warrant at that time.
Several days thereafter, the CENRO group and ISAFP returned, this time armed with a search warrant and proceeded to confiscate 872 pieces of sawn lumber/flitches (8,506 board feet) and three felled timber logs with a total market value of P235,454.68 at P27.00 per board foot.
Consequently, on September 21, 2001, a complaint for violation of Section 68 of PD 705 as amended was filed against herein petitioner by CENRO before the City Prosecutor of Ormoc City.
A warrant for the arrest of petitioner was then issued by the court a quo. In view thereof, herein petitioner filed with the trial court a motion for judicial determination of probable cause and the recall of his warrant of arrest.
DECISION OF LOWER COURTS: * Trial court: denied the motion but reduced the recommended bail of petitioner
TRIAL STILL IN PROGRESS... ISSUES & RULINGS:
(1) whether the owner of a private land, the petitioner in this case, is criminally liable under Section 68 of PD 705 for cutting trees within his own property;
YES, he is still liable. Under Section 68, PD 705 as amended by E.O. 277, it is clear that the violators of the said law are not declared as being guilty of qualified theft. Articles 309 and 310 of the Revised Penal Code were referred to only for the purpose of determining the imposable penalties and not to define acts which constitute qualified theft.
Section 68 of PD 705, as amended by E.O. 277, otherwise known as the Revised Forestry Code of the Philippines provides:
SEC. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License.- Any person who shall cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code:Provided, That in case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathered, collected, removed, or possessed, as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are found. (Emphasis supplied)
The said law does not even distinguish whether or not the person who commits the punishable acts under the aforementioned law is the owner of the property, for what is material in determining the culpability of a person is whether or not the person or entity involved or charged with its violation POSSESSES THE REQUIRED PERMIT, LICENSE OR AUTHORIZATION FROM DENR at the time he or it cuts, gathers or collects timber or other forest products.
(2) whether the owner of the private property is administratively liable under Sec. 14 of DENR Administrative Order No. 2000-21 despite the fact that he did not transport the logs out of his property and just used them for his own agricultural purposes therein and
The aforementioned administrative order considers the mere act of transporting any wood product or timber without the prescribed documents as an offense which is subject to the penalties provided for by law. As to the defense of petitioner that he never transported the logs out of his property, suffice it to say that such is a factual issue which this Court under Rule 45 cannot determine. We are limited to resolving questions of law.
Section 14 of Administrative Order No. 2000-21, the "Revised Guidelines in the Issuance of Private Land Timber Permit/Special Private Land Timber Permit," provides:
SEC. 14. Penal Provisions. - Any log/timber or finished-wood products covered by these regulations which are transported without the prescribed documents shall be considered illegal and, therefore, subject to confiscation in favor of the government and shall be disposed in accordance with laws, rules and regulations governing the matter.
DENR Officials found issuing defective certificate of origin and other transport documents required in this Order shall be subject to suspension without prejudice to the imposition of other penalties as may be warranted by extant Civil Service Laws, rules and regulations.
(3) whether the logs confiscated by the DENR should be returned to the petitioner considering that the same were not transported out and merely used for his own agricultural purposes.
any pronouncement thereon at this point would be premature as the guilt of the petitioner has not been legally established. The records of the case indicate that trial on the merits is still in progress. Hence, this Court is not in a position to speculate on or prescribe the courses of action or remedies the petitioner may avail of under the aforementioned law. Well-entrenched is the rule that this Court is not duty bound to render advisory opinions.
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