MUSTANG LUMBER, INC VS. CA9/10/20140 Comments

Facts:

Petitioner Mustang lumber, Inc is a duly registered lumber dealer with the Bureau of Forest Development (BFD). Its lumberyard is located at Fortune Street, Fortune Village, Paseo de Blas, Valenzuela, Metro Manila, their office is located at Nos. 1350-1352 Juan Luna Street, Tondo, Manila, and their permit will expire on September 25, 1990.

The Special Action and Investigation Division (SAID) of thee DENR received information that the petitioner is hiding stockpile of prohibited lumbers, some though not prohibited but without proper documents. On April 1, 1990 SAID organized a team of Policemen and Foresters to conduct surveillance at the lumberyard, in the course thereof the team saw coming out from the lumberyard of the petitioner truck with plate no. CCK-322 loaded with Lauan and Almaciga of assorted sizes and dimensions. Since the driver was unable to produce the required documents the team seized the truck together with its cargo and impounded at the DENR compound.

Due to the refusal of the owner, the team was unable to gain entry thereof. On April 3, 1990 the team was able to secure search warrant from Executive Judge Adriano R. Osorio of the RTC of Valenzuela, Metro Manila. Armed with the search warrant the team proceeded to the lumberyard of the petitioner and seized truckloads of Narra shorts, trimmings and slabs, a number of Narra lumber and approximately 200,000 board feet of lumber and shorts of various species including Almaciga and Supa. On April 4, 1990, the team returned to the lumberyard and seized stockpile of Almaciga, Supa and Lauan lumber with a total volume of 311,000 board feet for the petitioner were unable to produce the required documents for the said items and place it under administrative seizure. Wherein the lumberyard seized will remain in the custody of the petitioner but he is not allowed to dispose it.

On April 23, 1990, acting on the memorandum submitted by the Chief of the SAID Atty. Vincent A. Robles, Secretary Factoran issued an order suspending immediately the petitioners lumber-dealers permit.

On May 3, 1990 Secretary Factoran issued another order to confiscate in favor of the government, to be disposed of in accordance with the law the approximately 311,000 board feet of Lauan, Supa and Almaciga lumber.

On July 11, 1990 petitioner filed with the RTC of Manila a petition for certiorari and prohibition with regards to April 1, 1990 incidents.

On September 17, 1990 the DENR received reports that petitioner was violating P.D. 705. A team of DENR agents went to the office of the petitioner at Tondo, Manila, since the gate were open they proceeded and caught petitioner operating as a lumber dealer although its permit has already been suspended on April 23, 1990, furthermore the team were informed that an owner-type with a trailer loaded with lumber is about to be delivered with sales invoice with it. As a consequence of which petitioner filed the second Civil Case with the RTC of Manila s petition for certiorari and prohibition.

While Atty. Robles filed with the DOJ a complaint against the petitioners President and General Manager Ri Chuy Po, for violation of section 68 of P.D. 705 as amended, the investigating prosecutor recommended for the filing of appropriate cases to Ri Chuy Po. On this basis, information was filed by the DOJ at the RTC of Valenzuela Charging Ri Chuy Po with violation of section 68 of P.D. 705 on June 5, 1991.

Both civil cases filed by the petitioner were dismissed by the court a quo for lack of merit and was later affirmed by the Court of Appeals, hence they bought it to the Supreme Court.

The criminal case filed against Ri chuy Po was dismissed, for according to Judge Teresita Dizon-Capulong possession of lumber without the legal documents required by the forest laws and regulations is not a crime. Hence the people filed a petition for certiorari with the Supreme Court, alleging that Judge Dizon-Capulong acted with grave abuse of discretion, after their motion for reconsideration has been denied.

Issue:

Whether or not, possession of lumber without legal permit is a crime.

Held:

All three cases were consolidated by the Supreme Court. The court held that the incident on April 1, 1990 is a legal seizure without warrant since the object to be searched is a moving vehicle so the dismissal of the Court of Appeals to the first civil case is affirmed by the Supreme Court.

With regards to the second civil case the court held that Court of Appeals correctly affirmed the dismissal of the case hence the petitioner never disputed the fact that their permit was suspended by Secretary Factoran and it was never lifted.

On the criminal case brought against Ri Chuy Po the court held that Judge Dizon-Capulong committed grave abuse of discretion in dismissing the said case. The Judges disposition and conclusion is incorrect since possession of lumber is punishable under PD 705 since lumber is a processed log or timber cut into desired sizes. Hence lumber is also a timber.

Wherefore the resolution is hereby set aside and annul and directing the Judge on her successor to hear and decide the case with purposeful dispatch since she committed grave abuse of discretion.