Case Summary (G.R. No. 136142)
Applicable Law
The principal law applicable in this case is Presidential Decree No. 705, which governs the cutting, gathering, and possession of timber and other forest products in the Philippines. Specifically, Section 68 of the decree imposes penalties for cutting or possessing such products without the necessary legal documents.
Facts of the Case
On October 29, 1993, Telen and his co-accused were apprehended while transporting 1,560.16 board feet of assorted lumber. Police Officers initiated a chase after observing a suspicious cargo truck. The vehicle was stopped, and the driver, Genol, was unable to present any legal documentation from the Department of Environment and Natural Resources (DENR) regarding the lumber. Following the initial investigation, the lumber was seized, and Telen was charged with violating forestry laws.
Defense Arguments
In his defense, Pastor Telen asserted that he had secured verbal permission from Boy Leonor, the Officer in Charge of the DENR-CENRO, to cut Dita trees for renovation purposes. He contended that written documentation was unnecessary given Leonor’s assurance. Telen also mentioned that he had replanted Gemelina seedlings as part of his commitment to replace the cut trees.
Decision of the Trial Court
The Regional Trial Court of Maasin found Pastor Telen guilty of violating Section 68 of Presidential Decree No. 705 and sentenced him to reclusion perpetua, while acquitting his co-accused due to insufficient evidence against them. The court ordered the confiscation of the lumber, directing its sale at public auction with proceeds returned to the National Treasury.
Appeal and Legal Reasoning
Telen appealed the conviction, asserting errors in the trial court's judgment. He claimed that the court misapplied the law regarding the imposition of penalties and that there was insufficient evidence to support the alleged value of the lumber. The appellate court upheld that Telen's possession of the lumber without necessary legal documentation constituted a clear violation of forestry law, reinforcing the notion that motive was irrelevant in the commission of mala prohibita offenses.
Moreover, it clarified that the absence of proper documentation obligates the owner to assume liability regardless of compliance with verbal permissions. The appellate c
...continue readingCase Syllabus (G.R. No. 136142)
Case Overview
- The case revolves around the appeal of Pastor Telen, who was convicted by the Regional Trial Court of Maasin, Southern Leyte, for violating Presidential Decree No. 705, known as the Revised Forestry Code.
- The trial court sentenced Pastor Telen to reclusion perpetua while acquitting his co-accused, Alfonso Dator and Benito Genol, for insufficient evidence.
Background of the Case
- The accused were charged with unlawfully possessing 1,560.16 board feet of assorted lumber without the necessary legal documents required by forest laws.
- The confiscation occurred on October 29, 1993, when police officers intercepted a truck carrying the lumber.
Facts of the Case
- Police Commander Alejandro Rojas and SPO1 Necitas Bacala pursued a suspicious Isuzu cargo truck loaded with lumber in Barangay Laboon.
- Upon stopping the truck, driver Benito Genol admitted he lacked the required documents for transporting the lumber, claiming ownership belonged to Pastor Telen.
- The police confiscated the lumber and truck, which were later turned over to the Community Environment and Natural Resources Office (CENRO) for further action.
Defense of the Accused
- Pastor Telen claimed he sought permission from Boy Leonor, an officer at CENRO, to cut Dita trees from his mother's land for house renovations.
- Telen asserted that Leonor informed him that a written permi