G.R. No. 165448 - Aquino vs. People

Teachers’ Camp, through Sergio Guzman, applied to the DENR to cut 14 dead Benguet pine trees (total volume 13.37 m³) within Teachers’ Camp, Baguio City, for camp repairs.
On 19 May 1993, a CENRO team and forest ranger Michael Cuteng inspected the trees. Executive Director Sabado T. Batcagan issued a non-transferable permit valid for ten days or until the authorized volume was exhausted, subject to conditions: utilization as lumber/fuel-wood; planting 140 pine seedlings; compliance with forestry laws under PD 705, Sec. 68; and nullification/penalties for violations.

On 23 July 1993, forest rangers found petitioner Ernesto Aquino, Cuteng, sawyers Benedicto Santiago and Mike Masing, and supervisors Clemente Salinas and Andrew Nacatab cutting pine trees. Twenty-three stumps were found; only twelve were covered by the permit. Volume with permit: 13.58 m³; without permit: 16.55 m³; market value of unpermitted timber: ₱182,447.20; forest charges: ₱11,833.25.
An Information was filed charging Aquino, Cuteng, Nacatab, Masing, and Santiago with violation of PD 705, Sec. 68 for conspiring to cut nine pine trees without authority, with total value ₱182,447.20 and forest charges ₱11,833.25.

Masing and Santiago testified they relied on petitioner’s supervision and assumed he held the permit; Salinas said sawyers followed petitioner’s instructions; Cuteng and Nacatab confirmed petitioner’s presence; petitioner claimed lack of vicinity map and inability to prevent overcutting.
The RTC (26 May 1994) convicted Aquino, Cuteng, and Santiago, sentencing each to an indeterminate penalty of 6 years prision correccional (minimum) to 20 years reclusion temporal (maximum), indemnity of ₱182,477.20 and ₱11,833.25, and costs. Nacatab and Masing were acquitted.

The Court of Appeals (5 June 1997) acquitted Cuteng and Santiago, found Aquino guilty, imposed 6 years + 1 day prision mayor (minimum) to 14 years 8 months + 1 day reclusion temporal (maximum), deleted damages, and denied costs; motion for reconsideration was denied (24 September 2004).
Aquino filed a petition for review under Rule 45, assailing the CA’s decision and resolution.

Whether petitioner Ernesto Aquino is guilty beyond reasonable doubt of violating Section 68 of PD 705 for cutting or causing the cutting of pine trees without authority.
Whether petitioner’s supervisory role and alleged failure to restrain overcutting can ground criminal liability under Section 68 or only administrative liability.