Case Digest (G.R. No. 115507)
Facts:
In Alejandro Tan, Ismael Ramilo and Fred Moreno v. The People of the Philippines (G.R. No. 115507, May 19, 1998), petitioners Tan (owner of A & E Construction), Ramilo (caretaker/timekeeper), Moreno and Crispin Cabudol (drivers) were charged under Section 68, P.D. 705, as amended by E.O. 277, for illegal possession of lumber. On October 26 and 30, 1989, Forest Guards Joseph Panadero and Eduardo Rabino stopped two dump trucks in Cajidiocan, Sibuyan Island, Romblon—both owned by Tan’s company and driven by Moreno and Cabudol—loaded with narra, white lauan and tanguile lumber without any accompanying legal documents. The lumber was confiscated. On March 16, 1990, First Assistant Provincial Prosecutor Felix R. Rocero filed separate Informations against Tan, Moreno, Ramilo and Cabudol for possessing 171 board feet of narra and 834 board feet of tanguile valued at ₱8,724.00. They pleaded not guilty upon arraignment on April 26, 1990. At trial, the defense only denied that the guards dCase Digest (G.R. No. 115507)
Facts:
- The Incidents
- On October 26, 1989 at about 6:30 PM in Poblacion, Cajidiocan, Sibuyan Island, Forest Guards Panadero and Rabino intercepted a dump truck driven by Fred Moreno carrying narra and white lauan lumber. No legal documents were presented; the truck and lumber were owned by Alejandro Tan, Moreno’s employer.
- On October 30, 1989 at about 8:00 PM in Barangay Cambajao, the same guards seized another dump truck (Plate No. DEK-646) driven by Crispin Cabudol loaded with tanguile lumber. Again, no documents were shown; the vehicle and lumber belonged to Tan.
- The Charge and Trial
- On March 16, 1990, Tan, Moreno, and Ismael Ramilo were charged under Section 68, PD 705 as amended by EO 277 (Crim. Case No. 1745). A separate information (Crim. Case No. 1746) charged Tan, Ramilo, and Cabudol for the October 30 incident.
- They pleaded not guilty on April 26, 1990. The prosecution presented forest guards’ testimonies and seizure receipts; the defense denied demand for documents and offered Prisco Marin’s testimony that the lumber had been legitimately purchased in 1987 by Cajidiocan Trading and supported by an auxiliary invoice.
- Lower Courts’ Decisions
- The RTC of Romblon convicted all accused for illegal possession of lumber without required documents, imposed indeterminate sentences (6 months to 4 years 2 months each count, to be served successively), accessory penalties, costs, and ordered confiscation.
- The Court of Appeals affirmed: it held that lumber is a forest product, rejected Marin’s credibility, ruled corpus delicti established, found conspiracy proven as to Tan, and declined to pass on the broader constitutionality of EO 277.
Issues:
- Whether Section 68 of EO 277 is constitutional.
- Whether “lumber” is included in “timber” or “forest products” under PD 705, as amended.
- Whether EO 277 was applied retroactively to the October 1989 incidents.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)