Case Summary (G.R. No. 158182)
Petitioner
Sesinando Merida was indicted for violating Section 68 of Presidential Decree No. 705, as amended, by cutting a narra tree on private land without a DENR permit and converting it into lumber.
Respondent
The People of the Philippines, acting through the Office of the Provincial Prosecutor of Romblon and the Department of Environment and Natural Resources (DENR).
Key Dates
- December 23–26, 1998: Discovery and initial report of the felled tree
- January 11 & 26, 1999: DENR investigation and confiscation of lumber
- January 28, 2000: Information filed in RTC Romblon (Criminal Case No. 2207)
- November 24, 2000: RTC conviction and sentence
- June 28, 2002: Court of Appeals Decision affirming conviction
- May 14, 2003: CA Resolution denying reconsideration
- June 12, 2008: Supreme Court Decision
Applicable Law
- 1987 Philippine Constitution (as decision postdates 1990)
- Presidential Decree No. 705, as amended by Executive Order No. 277 and Republic Act No. 7161 (Revised Forestry Code)
- Section 68, PD 705 (cutting timber without authority)
- Section 80, PD 705 (institution of criminal actions)
- Rules of Court and Revised Rules of Criminal Procedure
- Articles 309 and 310, Revised Penal Code (theft and qualified theft)
- Indeterminate Sentence Law
Facts
Petitioner admitted to Barangay Captain Royo and DENR Forester Hernandez that he cut the narra tree, presenting written authorization from Vicar Calix’s wife. Private complainant Tansiongco reported the cutting first to the barangay, then to the DENR. DENR personnel confiscated six pieces of lumber (111 board feet) and assessed the total value—including remaining felled log—at ₱20,930.40.
Procedural History
- RTC Romblon convicted petitioner of violating Section 68, PD 705, sentencing him to 14 years, 8 months, 1 day to 20 years of reclusion temporal and ordering forfeiture of the lumber.
- Court of Appeals affirmed the conviction but modified the maximum penalty range to 17 years. It also ordered confiscation in favor of the government.
- Supreme Court review under Rule 45 of the Rules of Court.
Issues
- Whether the RTC acquired jurisdiction despite the complaint being filed by a private citizen rather than a DENR forest officer.
- Whether petitioner is liable for cutting timber on private land without a permit under Section 68, PD 705, as amended.
Ruling on Jurisdiction
The Supreme Court held that:
- The Revised Rules of Criminal Procedure prescribe special complainants only for crimes against chastity and defamation; non-compliance does not oust jurisdiction for forestry offenses.
- Section 80, PD 705, does not bar private citizens from filing complaints when offenses are not observed by forest officers.
- The RTC had exclusive original jurisdiction over offenses punishable by more than six years’ imprisonment.
Ruling on Liability
- Petitioner was bound by his own extrajudicial admissions to Royo and Hernandez that he cut the narra tree with Calix’s authorization, despite later trial testimony denying involvement.
- Public officers’ testimony enjoys the presumption of regularity; petitioner offered no explanation for their alleged falsehood.
- The narra tree, measured and converted into sawn lumber of specified dimensions, qualifies as “timber” under Section 68.
Definition of “Timber”
Drawing from Mustang Lumber, Inc. v. CA, timber is wood suitable for building or carpentry. Here, board-foot measurements and log dimensions confirmed the species and size appropriate for such use, thus falling within the statutory term.
Penalty Assessment
- Violation of Section 68 is penalized under Articles 309 (theft) and 310 (
Case Syllabus (G.R. No. 158182)
The Case
- Petition for review filed under Rule 45 of the 1997 Rules of Civil Procedure.
- Seeks reversal of the Court of Appeals Decision dated 28 June 2002 and Resolution dated 14 May 2003.
- Both rulings affirmed the conviction of petitioner for violation of Section 68, PD 705, as amended by EO 277.
- The Resolution denied petitioner’s motion for reconsideration as late.
Facts
- Petitioner was charged in RTC Romblon, Branch 81, with “cutting, gathering, collecting and removing” a lone narra tree from private land owned by Oscar M. Tansiongco (Mayod Property).
- On 23 December 1998, Tansiongco learned of the tree‐cutting and reported it to Punong Barangay Florencio Royo.
- 24 December 1998: In a barangay meeting, petitioner admitted cutting the tree but claimed Calix’s permission and showed a written authorization signed by Calix’s wife.
- 11 January 1999: Tansiongco reported the incident to DENR forester Thelmo S. Hernandez, who confronted petitioner, reiterated his claim, and ordered him not to convert the trunk into lumber.
- 26 January 1999: Hernandez, upon learning that the trunk had been sawn into six pieces (111 board feet, valued at ₱3,330), confiscated the lumber, deposited it with Royo, and issued an apprehension receipt; part of the felled tree remained on site.
- Tansiongco filed a complaint with the Provincial Prosecutor; petitioner submitted a counter‐affidavit repeating his permission defense.
- Probable cause was found; Information was filed as Criminal Case No. 2207.
Ruling of the Trial Court
- Decision dated 24 November 2000 found petitioner guilty beyond reasonable doubt.
- Sentence: fourteen (14) years, eight (8) months and one (1) day to twenty (20) years of reclusion temporal; costs; lumber forfeited in favor of Tansiongco.
- Denied petitioner’s denial defense due to his prior extrajudicial admissions and lack of DENR permit.