G.R. No. 214647 - Talabis vs. People

The CA’s January 16, 2014 Decision and September 2, 2014 Resolution in CA-G.R. CR No. 33097.
The RTC Branch 64, Abatan, Buguias, Benguet’s September 9, 2009 Judgment (Crim. Case No. 464-CR-06) convicting him and co-accused Arsebino Talabis for illegal cutting of pine trees under Section 68, PD 705.

Leonora Edoc and Rhoda E. Bay-An filed a joint affidavit-complaint with the Provincial Prosecutor of La Trinidad, Benguet. After preliminary investigation, an Information was filed charging the cutting of 3.1464 cu.m. of pine trees valued at ₱22,496.76 without permit.

On December 4, 2005, farmhands Eric Lanta-an and Raymundo Abuyog, working on Leonora’s land at Sinto, Bangao, Buguias, heard and saw four men cutting pine trees with a chainsaw. Arsebino Talabis told them they were preparing the land for work.
Leonora and her husband arrived at noon and saw four men—identified as petitioner Edwin Talabis, Arsebino, and two companions—felled trees. No permit was shown. They reported to Forester Cesar Kitayan of CENRO-DENR. Kitayan and forest rangers inventoried 18 felled Benguet pine trees (3.1464 cu.m.; ₱22,496.76) and certified no cutting permit had been issued to the accused.

RTC arraigned both accused; they pleaded not guilty. After trial, the RTC convicted them of violating Section 68, PD 705, sentencing each to 14 years, 4 months, 1 day to 15 years reclusion temporal, medium. Motion for reconsideration was denied.
On appeal, Arsebino died; his appeal was dismissed. The CA affirmed with modification, imposing an indeterminate penalty of 6 years prision correccional minimum to 10 years prision mayor maximum, and ordering confiscation of the trees. Motion for reconsideration was denied.

Whether the RTC acquired jurisdiction despite the complaint being filed by private individuals (Leonora and Rhoda) and not by a DENR forest officer as prescribed in Section 80, PD 705.
Whether petitioner is entitled to the mitigating circumstances of voluntary surrender and old age.