Title
Mustang Lumber, Inc. vs. Court of Appeals
Case
G.R. No. 104988
Decision Date
Jun 18, 1996
Mustang Lumber investigated for illegal possession of forest products; DENR seized lumber without documents. Supreme Court upheld seizures, ruled lumber included in "timber," and affirmed criminal liability under Revised Forestry Code.

Factual Background

In April 1990 DENR personnel of the Special Actions and Investigation Division (SAID), acting on information of large stockpiles at Mustang Lumber’s Valenzuela yard, observed a company truck (Plate CCK-322) exit the yard loaded with lauan and almaciga lumber without accompanying invoices or transport papers and seized the vehicle and cargo. DENR agents, after obtaining a search warrant from Executive Judge Adriano R. Osorio on 3 April 1990, seized additional truckloads and found approximately 200,000 board feet of lumber and shorts of various species, including almaciga and supa. On 4 April the DENR placed under administrative seizure the remaining stockpile of approximately 311,000 board feet for failure to produce certificates of lumber origin, auxiliary invoices, tally sheets, and delivery receipts. On 17 September 1990 DENR agents again entered Mustang premises and effected a constructive seizure of approximately 20,000 board feet after observing operations during the period of an administrative suspension.

Administrative Acts by DENR

SAID Chief ATTY. VINCENT A. ROBLES recommended suspension and cancellation of Mustang’s lumber-dealer permit, confiscation of seized lumber if legitimacy documents were not produced, and filing of criminal charges. Secretary Fulgencio S. Factoran, Jr. suspended Mustang’s Certificate of Registration on 23 April 1990 and on 3 May 1990 ordered the confiscation of approximately 311,000 board feet of lauan, supa, and almaciga lumber, shorts, and sticks found in the lumberyard.

Criminal Investigation and Information

After DENR’s investigation, State Prosecutor Claro Arellano recommended prosecution. The Department of Justice filed an information on June 5, 1991 in RTC Branch 172, Valenzuela, charging Ri Chuy Po with violation of Section 68, P.D. No. 705, alleging possession of truckloads of almaciga and lauan and approximately 200,000 board feet of lumber and shorts of various species including almaciga and supa without the required legal documents.

Civil Litigation by Mustang

MUSTANG LUMBER, INC. filed two separate petitions for certiorari and prohibition. The FIRST CIVIL CASE (Civil Case No. 90-53648, Branch 35, RTC Manila) challenged the seizure of the truck on 1 April 1990 and Secretary Factoran’s orders of 23 April and 3 May 1990. The SECOND CIVIL CASE (Civil Case No. 90-54610, Branch 24, RTC Manila) challenged the 17 September 1990 constructive seizure and attendant DENR actions. Mustang appealed adverse trial-court rulings to the Court of Appeals in CA-G.R. SP No. 25510 (FIRST CIVIL CASE) and CA-G.R. SP No. 33778 (SECOND CIVIL CASE).

Trial Courts’ Findings

In the FIRST CIVIL CASE the trial court found the 1 April 1990 seizure of the moving vehicle lawful as an exception to the warrant requirement and held the 4 April search a valid continuation of the 3 April warranted search. The court set aside Secretary Factoran’s May 3 confiscation order insofar as the seized articles were taken under the search warrant and directed respondents to report the seized lumber to Executive Judge Osorio. The trial court in the SECOND CIVIL CASE dismissed Mustang’s petition, holding Mustang’s permit was under suspension, Section 68-A authorized administrative seizure, and the 17 September seizure was valid under warrantless-search principles of Section 80, P.D. No. 705, as amended.

Court of Appeals Decisions

The Court of Appeals affirmed both trial-court rulings. In CA-G.R. SP No. 25510 it upheld the moving-vehicle seizure and the continuation of the warranted search and rejected Mustang’s contention that possession of lumber absent documents is not penalized. In CA-G.R. SP No. 33778 it construed the term “forest product” under P.D. No. 705 to include lumber, relied on DENR definitions and Section 80 (as amended by P.D. No. 1775) to validate seizures and confiscations, and dismissed Mustang’s appeals for lack of merit.

Issue Presented to the Supreme Court

The consolidated matter presented two principal legal questions: (1) whether possession of lumber without the legal documents required by existing forest laws is punishable under Section 68, P.D. No. 705, as amended; and (2) whether the DENR seizures and Secretary Factoran’s administrative measures and subsequent criminal prosecution and civil enforcement were lawful under the Constitution and applicable statutory provisions governing searches, seizures, and administrative confiscation.

Supreme Court Holding

The Supreme Court granted the People’s petition in G.R. No. 106424, set aside and annulled the challenged orders of 16 August 1991 and 18 October 1991 of respondent Judge Terestia Dizon-Capulong, reinstated the information in Criminal Case No. 324-V-91 against Ri Chuy Po, and directed the trial court to proceed with the criminal case with purposeful dispatch. The Court denied the petitions in G.R. No. 104988 and G.R. No. 123784 and affirmed the Court of Appeals’ decisions in CA-G.R. SP No. 25510 and CA-G.R. SP No. 33778. Costs were imposed on the petitioner in each case.

Legal Basis for Inclusion of Lumber in Section 68

The Court held that lumber is a processed form of timber and, absent contrary legislative intent, must be given its ordinary meaning. The Court cited dictionary definitions treating lumber as “timber or logs after being prepared for the market,” and reasoned that the Revised Forestry Code uses “lumber” in its ordinary sense in the definition of a processing plant (Section 3(aa)). The Court concluded that Section 68’s prohibition on possession of “timber or other forest products without the legal documents” encompasses lumber. The Court therefore rejected the trial judge’s grant of the motion to quash the information as a grave abuse of discretion.

Search and Seizure and Administrative-Confiscation Reasoning

The Court sustained the warrantless seizure of the moving vehicle as a recognized exception to Art. III, Sec. 2, 1987 Constitution. It ruled that the 4 April 1990 seizure was a valid continuation of the 3 April search warrant within the ten-day life of a warrant under Section 9, Rule 126 of the Rules of Court. The Court relied on Section 80 of P.D. No. 705, as amended, to affirm the authority of forest officers to arrest without warrant and to seize and confiscate forest products involved in offenses. The Court also sustained the administrative seizure/confiscation authority under Section 68-A, P.D. No. 705, for violations of the Code or other forest laws and regulations.

Rejection of Alternate Arguments and Remedies

The Court rejected Mustang’s contention that lumber is outside Se

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