G.R. No. 205015 - Crescencio vs. People

Case Origin and Charge
On March 15, 1994, DENR Forest Protection Unit personnel, headed by Chief Eufemio Abaniel, and Forest Rangers Urcino Butal, Alfredo Bastasa, and Celso Ramos proceeded to petitioner Ma. Mimie Crescencio’s house at Balico, Talibon, Bohol, acting on information of a lumber stockpile.
Upon arrival at 3:00 p.m., they observed 24 pieces of “magsihagon” lumber (452 board feet) lying under and near the shoreline of petitioner’s house.
The petitioner admitted ownership and presented Official Receipt No. 35053 from Pengavitor Enterprises dated March 13, 1994, which purportedly covered 15 pieces of red lawaan lumber—dimensions and species that did not match the seized magsihagon lumber.
Without a search warrant, DENR personnel confiscated the lumber, issued Seizure Receipt No. 004157 and a Statement Showing the Number/Pieces and Volume of Lumber Being Confiscated (valued at ₱9,040.00), and, with police assistance (SPO1 Desiderio Garcia and PO3 Antonio Crescencio), transported the lumber to the DENR office.

Trial and Appeal Proceedings
On May 17, 1994, the Provincial Prosecutor charged petitioner with violating Section 68 of P.D. No. 705, as amended by E.O. 277, for unlawful possession of forest products without required legal documents.
During arraignment on July 15, 1997, petitioner pleaded not guilty; trial ensued with DENR personnel testifying for the prosecution and defense witness Lolita Crescencio corroborating ownership but failing to produce valid receipts.
On August 12, 2008, the RTC of Talibon, Bohol (Branch 52) convicted petitioner, sentencing her to six (6) years and one (1) day to eleven (11) years, six (6) months and twenty-one (21) days of prision mayor, and ordered confiscation of the lumber.
Petitioner appealed to the Court of Appeals (CA-G.R. CR No. 01162), but the CA dismissed the appeal on April 15, 2011 for failure to serve the Appellant’s Brief on the OSG, and denied reconsideration on November 19, 2012. Petitioner then filed this petition for review on certiorari before the Supreme Court.

Procedural Issue
Whether the CA properly dismissed petitioner’s appeal for failure to serve a copy of her Appellant’s Brief on the Office of the Solicitor General, notwithstanding the right to have her case heard on the merits.

Substantive Issues
Whether the warrantless entry and seizure of lumber at petitioner’s house violated her constitutional rights or fell within recognized exceptions.
Whether the prosecution proved beyond reasonable doubt petitioner’s liability under Section 68 of the Forestry Code, as amended, for possession of forest products without legal documents.