forestry code - bon vs. people

VIRGILIO BON vs. PEOPLE OF THE PHILIPPINES G.R. No. 152160 January 13, 2004 PANGANIBAN, J.: FACTS: Virgilio Bon and Alejandro Jeniebre, Jr. were charged for violating Section 68 of PD 705. Teresita Dangalan- Mendoza owns a titled agricultural land located in Sorsogon, administered by Virgilio Bon. Receiving information that trees inside the land were being stolen, cut and sawed into lumber, she sent her brother Manuel Dangalan to investigate the report. Dangalan sought the help of Barangay Captain Labayane, and investigated Teresita complaint of Illegal Cutting of Trees. Together with Lascano, Dangalan, Bon and others repaired to the land of Teresita and the group discovered 6 stumps of trees; 4 Narra trees, one cuyao- yao tree and one am[u]gis tree. Bon admitted ordering the cutting and sawing of the trees into lumber. Bon contended that he was the tenant of the land of Teresita and he developed the land. He alleged that it was Teresita herself who ordered the cutting of the trees. The RTC found Bon and Jeniebre guilty of the crime charged which the CA susta ined. ISSUE: Whether or not Bon and Jeniebre were guilty for violation of Section 68 of PD 05 RULING: YES. Punishable under Sec. 68 of PD 705 are the following acts: (1) cutting, gathering, collecting or removing timber or other forest products from the places therein

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VIRGILIO BON vs. PEOPLE OF THE PHILIPPINES G.R. No. 152160 January 13, 2004

PANGANIBAN, J.:FACTS:Virgilio Bon and Alejandro Jeniebre, Jr. were charged for violating Section 68 of PD 705. Teresita Dangalan-Mendoza owns a titled agricultural land located in Sorsogon, administered by Virgilio Bon. Receiving information that trees inside the land were being stolen, cut and sawed into lumber, she sent her brother Manuel Dangalan to investigate the report. Dangalan sought the help of Barangay Captain Labayane, and investigated Teresita complaint of Illegal Cutting of Trees. Together with Lascano, Dangalan, Bon and others repaired to the land of Teresita and the group discovered 6 stumps of trees; 4 Narra trees, one cuyao-yao tree and one am[u]gis tree. Bon admitted ordering the cutting and sawing of the trees into lumber. Bon contended that he was the tenant of the land of Teresita and he developed the land. He alleged that it was Teresita herself who ordered the cutting of the trees.The RTC found Bon and Jeniebre guilty of the crime charged which the CA susta

ined.

ISSUE:Whether or not Bon and Jeniebre were guilty for violation of Section 68 of PD 05

RULING: YES.

Punishable under Sec. 68 of PD 705 are the following acts: (1) cutting, gathering, collecting or removing timber or other forest products from the places therein mentioned without any authority; and (b) possessing timber or other forest products without the legal documents. Bon was charged with the first offense. Bon’s guilt was proven even though the conviction was based on circumstantial evidence. In the RTC, he admitted, before the presence of a barangay tanod, that he ordered the cutting and sawing of the disputed trees.

A review of the records also shows that the fact of the alleged cutting, gathering and manufacture of lumber from the trees was proven by the prosecution through the the photographs of tree stumps, the investigation report of an officer of the CENRO that no permit was secured for the cutting of the trees, and the CENRO’s computation of the value of the timber generated from the felled trees.