Case Digest (G.R. No. 158182) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Sesinando Merida v. People of the Philippines (G.R. No. 158182, June 12, 2008), petitioner Sesinando Merida was charged before the Regional Trial Court of Romblon, Branch 81, for violating Section 68 of Presidential Decree No. 705, as amended by Executive Order No. 277, by cutting and converting a lone narra tree on a private parcel in Mayod, Ipil, Magdiwang, Romblon, owned by private complainant Oscar M. Tansiongco. On December 23, 1998, Tansiongco reported that Merida had felled the tree; barangay captain Florencio Royo confronted Merida on December 24, and Merida admitted cutting the tree with the alleged permission of one Vicar Calix, presenting a written authorization. Tansiongco then reported the matter to DENR forester Thelmo S. Hernandez, who on January 26, 1999, confiscated six pieces of sawn narra lumber totaling 111 board feet (valued at ₱3,330) and issued an apprehension receipt. The Office of the Provincial Prosecutor found probable cause and filed an Information Case Digest (G.R. No. 158182) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties, Charge and Lower Court Rulings
- Petitioner Sesinando Merida was charged in RTC, Branch 81, Romblon, with violation of Section 68, PD 705 as amended, for cutting a lone narra tree on private land owned by Oscar M. Tansiongco.
- The trial court (24 November 2000) found him guilty, sentenced him to 14 years, 8 months & 1 day to 20 years reclusion temporal, and ordered forfeiture of the lumber in favor of Tansiongco.
- The Court of Appeals (28 June 2002) affirmed but modified confiscation in favor of the government and in the dispositive portion reduced the maximum term to 17 years (though the body maintained 20 years). Its resolution (14 May 2003) denied the motion for reconsideration as late.
- Factual and Investigative Sequence
- On 23 December 1998, Tansiongco learned that a narra tree in his Mayod Property, Ipil, Magdiwang, Romblon, had been cut; he reported it to Barangay Captain Florencio Royo. At a 24 December meeting, Merida admitted cutting the tree but claimed he had Calix’s permission, showing Royo a wife-signed authorization.
- On 11 January 1999, Tansiongco reported the cutting to DENR forester Thelmo Hernandez, who ordered Merida not to mill the trunk. On 26 January 1999, Hernandez found the trunk converted into six pieces of sawn lumber (111 board feet), seized them, and issued an apprehension receipt; a larger log portion remained on site.
- Tansiongco filed a complaint with the Provincial Prosecutor; after preliminary investigation Merida was indicted (Crim. Case No. 2207). Prosecution presented six witnesses; Merida testified as sole defense witness, denying any involvement.
- Petitioner’s Contentions on Appeal
- The RTC lacked jurisdiction because the complaint was filed by a private individual rather than a DENR forest officer under Section 80, PD 705.
- The penalty of 14 years, 8 months & 1 day to 20 years was excessive.
- He reiterated denial of cutting the tree.
Issues:
- Jurisdiction
- Whether the trial court acquired jurisdiction over Criminal Case No. 2207 despite the complaint being filed by a private complainant instead of a DENR forest officer under Section 80 of PD 705.
- Liability Under Section 68, PD 705
- Whether petitioner is liable for cutting timber on private land without a DENR permit, and whether the felled narra tree constitutes “timber” under Section 68.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)