Professional Documents
Culture Documents
MADRONA
G.R. No. 152989
September 4, 2002
FACTS:
Petitioner is the owner of a parcel of land consisting of about
60,000 sq. meters covered by Transfer Certificate of Title No. TP331 which he bought from a certain Ildefonso O. Maglasang.
On August 9, 2001, petitioner applied for a Private Land Timber
Permit (PLTP) from the Department of Environment and Natural
Resources (DENR) for him to cut some trees for a proposed road
and poultry farm in his property.
While waiting for the permit to be issued, petitioner was allegedly
informed by some employees from the Department of
Environment and Natural Resources (DENR) that he could proceed
with the cutting of trees even though his application was still
awaiting approval.
Consequently, petitioner proceeded with the cutting of trees and
bulldozing of the roadway. He used the cut logs as materials to
build his chicken cages.
About three weeks later, representatives of the Community
Environment and Natural Resources Office (CENRO) of the
Department of Environment and Natural Resources (DENR) and
personnel from the Intelligence Service, Armed Forces of the
Philippines (ISAFP) of Tacloban City raided petitioner's place,
allegedly without a search warrant. An inventory of the cut trees
was conducted. The logs were not confiscated but were entrusted
to a barangay kagawad since there was allegedly no search
warrant at that time.
Several days thereafter, the CENRO group and ISAFP returned,
this time armed with a search warrant and proceeded to
confiscate 872 pieces of sawn lumber/flitches (8,506 board feet)
and three felled timber logs with a total market value of
P235,454.68 at P27.00 per board foot.
Consequently, on September 21, 2001, a complaint for violation
of Section 68 of PD 705 as amended was filed against herein
petitioner by CENRO before the City Prosecutor of Ormoc City.
A warrant for the arrest of petitioner was then issued by the court
a quo. In view thereof, herein petitioner filed with the trial court a