Case Digest (G.R. No. 104988)
Facts:
In Mustang Lumber, Inc. v. Court of Appeals et al. (327 Phil. 214, June 18, 1996), the petitioner, a duly registered lumber dealer whose permit expired on September 25, 1990, operated a lumberyard in Valenzuela, Metro Manila. On April 1, 1990, a team from the DENR’s Special Actions and Investigation Division (SAID), acting on information of a stockpile of *narra* flitches, shorts, and slabs, conducted surveillance and intercepted petitioner’s truck (Plate No. CCK-322) loaded with *lauan* and *almaciga* lumber without accompanying invoices or transport documents, prompting a warrantless seizure under the moving vehicle exception. Denied entry to the lumberyard, the team secured, on April 3, 1990, a search warrant from the RTC of Valenzuela, seizing four truckloads of *narra* shorts and approximately 200,000 board feet of assorted prohibited lumber. On April 4, 1990, an administrative seizure placed the remaining 311,000 board feet of *almaciga*, *supa* and *lauan* lumber under DECase Digest (G.R. No. 104988)
Facts:
- Background
- Mustang Lumber, Inc. is a domestic corporation duly registered as a lumber dealer under Certificate No. NRD-4-092590-0469, with permit expiring on 25 September 1990.
- Respondents Fulgencio S. Factoran, Jr. and Atty. Vincent A. Robles were Secretary of the DENR and Chief of its Special Actions and Investigation Division, respectively.
- Seizures and Administrative Orders
- On 1 April 1990, a DENR-SAID team, acting on information of a large stockpile of narra, raided Mustang’s lumberyard in Valenzuela, saw a departing truck (Plate CCK-322) loaded with lauan and almaciga lumber sans invoices, and seized the vehicle and cargo.
- On 3 April 1990, the team secured a search warrant from RTC Executive Judge Adriano R. Osorio, seized four truckloads of narra shorts, slabs, negligible narra lumber, and approximately 200,000 board feet of various lumber (including almaciga and supa).
- On 4 April 1990, the team effected an administrative seizure of the remaining 311,000 board feet of lauan, supa, and almaciga lumber for lack of certificates of lumber origin and transport documents.
- Through memoranda and after petitioner’s motion for extension was denied, Secretary Factoran on 23 April 1990 suspended Mustang’s dealer permit and on 3 May 1990 ordered confiscation of the 311,000 board feet of lumber in favor of the Government.
- Subsequent Judicial Proceedings
- First Civil Case (RTC Manila, Branch 35; Civil Case No. 90-53648): On 11 July 1990, Mustang filed for certiorari, prohibition, and injunction contesting the seizures of 1 and 3–4 April and the administrative orders of 23 April and 3 May 1990.
- Second Civil Case (RTC Manila, Branch 24; Civil Case No. 90-54610): On 17 September 1990, DENR agents caught Mustang operating under suspended permit and constructively seized ~20,000 board feet of lauan, prompting another certiorari and prohibition petition.
- Criminal Case (RTC Valenzuela, Branch 172; Criminal Case No. 324-V-91): On 5 June 1991, DOJ filed an information against Mustang’s president Ri Chuy Po for violation of Section 68, P.D. 705 (as amended), charging illegal possession of approximately 200,000 board feet of various prohibited and undocumented lumber.
Issues:
- Legality of Seizures and Orders
- Whether the warrantless seizure on 1 April 1990 of a moving truck violated Article III, Section 2 of the Constitution.
- Whether the searches on 3–4 April 1990 under a valid warrant were properly executed.
- Whether Secretary Factoran’s administrative suspension (23 April) and confiscation order (3 May) complied with due process and statutory mandates.
- Validity of Criminal Charge
- Whether possession of “lumber” without required legal documents is punishable under Section 68 of P.D. 705, as amended.
- Whether the information sufficiently alleged the elements of an offense under Section 68.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)