Case Summary (G.R. No. 165448)
Petitioner
Ernesto Aquino
Respondent
People of the Philippines
Key Dates
19 May 1993 – Pre‐cut inspection conducted by CENRO and Cuteng
Permit issued by DENR Executive Director Sabado T. Batcagan with conditions
23 July 1993 – Forest rangers discover overcutting at Teachers’ Camp
26 May 1994 – Trial court decision convicting Aquino, Cuteng, Santiago
5 June 1997 – Court of Appeals decision modifying convictions
24 September 2004 – Court of Appeals resolution denying reconsideration
27 July 2009 – Supreme Court decision granting petition
Applicable Law
1987 Philippine Constitution;
Presidential Decree No. 705, Section 68 (Revised Forestry Code, as amended by E.O. No. 277, Series of 1987)
Facts
• Teachers’ Camp sought to cut 14 dead pine trees (13.37 m³) for lumber and fuel‐wood under strict conditions, including reforestation and ten-day expiry.
• Pre‐cut inspection by DENR CENRO team (including Cuteng) determined trees to be felled. Permit issued subject to volume and replacement‐planting requirements.
• On 23 July 1993, forest rangers found Aquino, Cuteng, Santiago, Masing, Salinas, and Nacatab supervising and cutting pine trees. Twenty-three stumps were observed; only twelve fell within permit coverage (13.58 m³). The rest (16.55 m³) lacked authorization (market value P182,447.20; forest charges P11,833.25).
• An information was filed charging Aquino, Cuteng, Nacatab, Masing, and Santiago with violation of Section 68, P.D. 705, for cutting nine pine trees without permit.
• Masing and Santiago testified they acted under Aquino’s supervision, unaware of permit limitations. Salinas, Cuteng, and Nacatab confirmed their roles in inspection or supervision. Aquino admitted lack of map and inability to prevent overcutting.
Trial Court Decision
• Convicted Aquino, Cuteng, and Santiago of violating Section 68, P.D. 705; sentenced each to 6 years prision correccional as minimum to 20 years reclusion temporal as maximum; indemnity of P182,477.20 and P11,833.25 jointly and severally; forfeiture of Santiago’s chainsaw.
• Acquitted Nacatab and Masing for reasonable doubt; released their cash bonds.
Court of Appeals Decision
• Acquitted Santiago and Cuteng for lack of conspiracy and absence of permit control.
• Maintained Aquino’s guilt; reduced sentence to indeterminate penalty of six years and one day prision mayor (minimum) to fourteen years, eight months, one day reclusion temporal (maximum); deleted damages and costs.
• Denied Aquino’s motion for reconsideration in 2004.
Issue
Whether Ernesto Aquino is guilty beyond reasonable doubt of violating Section 68 of P.D. 705 for unauthorized cutting or possession of forest products.
Supreme Court Ruling
• Petition meritorious. Question raised is one of law—application of Section 68 t
Case Syllabus (G.R. No. 165448)
Antecedent Facts
- Teachers’ Camp in Baguio City sought to repair its facilities by using dead Benguet pine trees.
- Sergio Guzman, on behalf of Teachers’ Camp, applied to the DENR to cut 14 dead pine trees totaling 13.37 cubic meters.
- On May 19, 1993, a joint inspection team from the Community Environment and Natural Resources Office (CENRO) and forest ranger Michael Cuteng surveyed the trees prior to permit issuance.
- The team’s inspection report formed the basis of the cutting permit eventually granted by Executive Director Sabado T. Batcagan.
Issuance of the DENR Permit
- Permit authorized cutting of exactly 14 dead pine trees, to be used as lumber and fuel-wood by the permittee.
- Permit conditions included:
- Utilization of all cut timber strictly as lumber or fuel-wood.
- Planting of 140 pine seedlings within Teachers’ Camp or, if no suitable area existed, within a CENRO-designated forest site.
- Foremost responsibility on the permittee to maintain and protect planted seedlings.
- Non-compliance with conditions or forestry regulations would render the permit null and void and subject the permittee to penalties under Section 68 of PD 705, as amended.
- Permit was non-transferable and valid for ten days or until exhaustion of the authorized volume, whichever came first.
Overcutting and Field Inspection
- On July 23, 1993, Forest Rangers Windo, Sobrepeña, Salamo, Guinawan, Abellera, and Forester Apilis received information that pine trees were being cut without proper authority.
- At the site, they found:
- Ernesto Aquino (petitioner), CENRO forest ranger, and Michael Cuteng supervising tree cutting.
- Two sawyers, Benedicto Santiago and Mike Masing, and supervisors Clemente Salinas and Andrew Nacatab.
- Rangers counted 23 stumps; only 12 corresponded to trees authorized by the permit.
- Cut with permit: 13.58 cubic meters; cut without permit: 16.55 cubic meters.
- Market value of unauthorized timber: ₱182,447.20; forest charges: ₱11,833.25.
Information and Criminal Charges
- An Information was filed charging Aquino, Cuteng, Nacatab, Masing, and Santiago with violation of Section 68 of PD 705:
- Accused of conspiring to cut nine pine trees (16.55 m³) without authority.
- Alleged total value of unauthorized t