Case Digest (G.R. No. 193313)
Facts:
In Ernie Idanan, Nanly Del Barrio and Marlon Plopenio v. People of the Philippines, G.R. No. 193313, March 16, 2016, the Supreme Court En Banc, Perez, J., writing for the Court, resolved an appeal from a criminal conviction for illegal possession of lumber under Presidential Decree No. 705.Petitioners Ernie Idanan (driver), Nanly Del Barrio and Marlon Plopenio (passengers) were charged, together with Roberto Vargas and Elmer Tulod, after police officers allegedly intercepted an Isuzu Elf truck at Kilometer 12 in Barangay San Miguel, Panganiban, Catanduanes on 16 October 2005 and found it loaded with 29 pieces of narra lumber (gross volume 716.48 board feet; value alleged P275,844.80) without the required DENR permits. The Information alleged they conspired and possessed the lumber without necessary documents in violation of Section 68 of PD No. 705. Photographs and police testimony of the arrest and seizure were offered by the prosecution. The barangay officials later produced a Certification they signed stating the truck was empty; one signatory later disavowed knowledge of the incident.
At trial before the Regional Trial Court (RTC), Branch 42, Virac, Catanduanes, the police testified to the apprehension and photographic evidence; petitioners testified they had been flagged down, that a policeman borrowed the truck and then allegedly loaded lumber into it, and that they did not resist for fear. The RTC, presiding Judge Genie G. Gapas-Agbada, found the prosecution credible, accepted the presumption of regularity in official acts, and convicted petitioners for illegal possession under Section 68 of PD 705. The RTC sentenced the accused to prision mayor ranges and ordered forfeiture of the lumber. Vargas and Tulod remained at large.
The Court of Appeals in CA-G.R. CR No. 30729, by Decision dated 29 March 2010 (Magdangal M. De Leon, J., with Barza and Cruz, JJ., concurring), affirmed the RTC. Petitioners sought relief before the Supreme Court by a petition attacking the sufficiency of proof, arguing absence of animus possidendi, temporary/incidental possession, fra...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the elements of illegal possession of timber under Section 68 of PD No. 705, specifically possession and animus possidendi?
- If convicted, was the imposition of the penalty properly computed as reclusion perpetua under Articles 309 and 310 of the Revised Penal Code, and should the Court ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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