709 Phil. 708
VELASCO JR., J.:
That, on ( date of commission ) or sometime prior or subsequent thereto, in General Nakar, Quezon, and within the jurisdiction of this Honorable Court, the above-named accused Leovegildo R. Ruzol and Guillermo M. Sabiduria, both public officers, being then the Municipal Mayor and Municipal Administrator, respectively, of General Nakar, Quezon, taking advantage of their official position and committing the offense in relation to their office, conspiring and confederating with each other did then and there willfully, unlawfully and criminally, issue permit to transport ( description of forest product ) to ( person given the permit ) under O.R. No. ( official receipt number ) under the pretense of official position and without being lawfully entitled to do so, such authority properly belonging to the Department of Environment and Natural Resources, to the damage and prejudice of the of the government.
CONTRARY TO LAW.[4]
Criminal Case No. | Date of Commission | Description of Forest Product | Person Given the Permit | Official Receipt No. |
0039 | 20 Jan. 2004 | 1,000 board ft malaruhat/ marang | David Villareal Jr. | 1623446 |
0040 | 16 Jan. 2004 | 600 board ft lawaan | Pepito Aumentado | 1623463 |
0041 | 15 Jan. 2004 | 100 pcs. malaruhat (assorted sizes) | Francisco Mendoza | 1708352 |
0042 | 15 Jan. 2004 | 300 cubic m or 3,000 board ft good lumber | Edmundo dela Vega | 1708353 |
0043 | 15 Jan. 2004 | 600 board ft good lumber | David Villareal, Jr. | 1708321 |
0044 | 15 Jan. 2004 | 1,050 board ft good lumber | Romeo Sabiduria | 1708322 |
0045 | 12 Jan. 2004 | 1,000 board ft malaruhat | Nestor Astejada | 1625521 |
0046 | 09 Jan. 2004 | 4,000 board ft good lumber (assorted sizes) | Naty Orozco | 1623421 |
0047 | 08 Jan. 2004 | 700 board ft lauan | Winnie Aceboque | 1623415 |
0048 | 05 Jan. 2004 | 500 board ft lauan | Edmundo dela Vega | 1623041 |
0049 | 07 Jan. 2004 | 4 x 5 haligi | Mercy Vargas | 1623314 |
0050 | 06 Jan. 2004 | good lumber | Mario Pujeda | 1623310 |
0051 | 21 Oct. 2002 | 1,000 board ft sliced lumber | Conchita Odi | 0830825 |
0052 | 21 Oct. 2002 | 400 board ft sliced lumber | Lita Crisostomo | 0830826 |
0053 | 28 Oct. 2002 | 450 board ft marang lumber | Agosto Astoveza | 0830829 |
0054 | 08 Jan. 2003 | 300 board ft sliced lumber (assorted sizes) | Edna E. Moises | 0943941 |
0055 | 13 Jan. 2003 | 1,500 board ft sliced lumber (assorted sizes) | Dante Z. Medina | 0943964 |
0056 | 16 Jan. 2003 | 400 board ft sliced lumber (assorted sizes) | Johnny A. Astoveza | 0943975 |
0057 | 27 Jan. 2003 | 7 pcs sliced lumber & 1 piece 18 roda | Sonny Leynes | 1181827 |
0058 | 14 Feb. 2003 | 2,000 pcs trophy (wood carvings) | Flordeliza Espiritu | 1182033 |
0059 | 17 Feb. 2003 | 700 board ft sliced lumber (assorted sizes) | Nestor Astejada | 1181917 |
0060 | 18 Feb. 2003 | 1,632 board ft hard wood, kisame & sanipa | Arthur/ Lanie Occeña | 1182207 |
0061 | 20 Feb. 2004 | 126 pcs lumber | Lamberto Aumentado | 1708810 |
0062 | 3 March 2003 | 450 board ft hard wood (assorted sizes) | Nestor Astoveza | 1182413 |
0063 | 6 March 2003 | 160 pcs sliced lumber (assorted sizes) | Remedios Orozco | 1182366 |
0064 | 10 March 2003 | 1,500 board ft malaruhat (assorted sizes) | Nestor Astejada | 1181996 |
0065 | 11 March 2003 | 900 board ft sliced lumber (assorted sizes) | Fernando Calzado | 1182233 |
0066 | 13 March 2003 | 1,408 board ft hard wood (assorted sizes) | Nestor Astejada | 1182553 |
0067 | 20 March 2003 | 90 pcs. sliced lumber (assorted sizes) | Remy Orozco | 1182157 |
0068 | 21 March 2003 | 90 pcs. sliced lumber (assorted sizes) | Rene Francia | 1182168 |
0069 | 25 March 2003 | 500 board ft lumber (assorted sizes) | Thelma Ramia | 1182179 |
0070 | 26 March 2003 | 1 pc. 60 x 75 bed (narra) finished product | Roy Justo | 1182246 |
0071 | 14 April 2004 | 95 pcs. kalap (9 ft.); 6 pcs. post (10 ft.) & 500 pcs. anahaw | Anita Solloza | 3651059 |
0072 | 08 April 2004 | 460 board ft lumber (assorted sizes) | Remy Orozco | 3651101 |
0073 | 14 April 2004 | 69 pcs. sliced lumber (assorted sizes) | Dindo America | 3651101 |
0074 | 23 April 2003 | 870 board ft hard lumber (assorted sizes) | Amado Pradillada | 3651268 |
0075 | 24 April 2003 | 400 board ft lumber (assorted sizes) | Romy Buendicho | 3651237 |
0076 | 24 April 2003 | 400 board ft rattan | Emmanuel Buendicho | 3651324 |
0077 | 30 April 2004 | 1,000 board ft good lumber (assorted sizes) | Mylene Moises | 3651335-C |
0078 | 30 April 2004 | 500 board ft sliced lumber (assorted sizes) | Carlito Vargas | 3651336 |
0079 | 08 May 2003 | 72 x 78 bed (narra); 3 pcs. 60 x 75 bed (ling manok) & 1 pc. 48 x 75 ed (kuling manok) finished product | Fely Justo | 3651519 |
0080 | 12 May 2003 | 294 board ft lumber | Virgilio Cuerdo | 3650927 |
0081 | 13 May 2003 | 43 pcs. sliced lumber (assorted sizes) | Amando Lareza | 3651783 |
0082 | 14 May 2003 | 750 board ft good lumber | Wilma Cuerdo | 3651529 |
0083 | 15 May 2003 | 440 board ft lumber | Marte Cuballes | 3651532 |
0084 | 15 May 2003 | 214 pcs. 2x6x7 or 1,500 board ft finished product | Anneliza Vargas | 3651531 |
0085 | 26 May 2003 | 57 pcs. sliced lumber (assorted sizes) | Danny Sanchez | 3651585 |
0086 | 27 May 2003 | 400 board ft cut woods | Emy Francia | 3651394 |
0087 | 30 May 2003 | 300 board ft lumber | Daisy Cuerdo | 3650943 |
0088 | 30 May 2003 | 1,000 board ft lumber (assorted sizes) | Lea Astoveza | 3651161 |
0089 | 05 June 2003 | 130 pcs. or 1,500 board ft lumber cut woods | Jose Noly Moises | 3651809 |
0090 | 06 June 2003 | 300 board ft lumber | Mercy Escaraga | 3651169 |
0091 | 18 June 2003 | 800 board ft good lumber | Dante Medena | 3651749 |
0092 | 24 June 2003 | 28 pcs. good lumber (assorted sizes) | Virgilio Cuerdo | 1247102 |
0093 | 25 June 2003 | 190 pcs. good lumber (assorted sizes) | Dante Medina | 1247205 |
0094 | 02 July 2003 | 800 board ft. good lumber | Dante Medina | 1247221 |
0095 | 02 July 2003 | 105 pcs. fresh cut lumber (assorted sizes) | Emmanuel Lusang | 1247167 |
0096 | 04 July 2003 | Assorted sizes of good lumber | Alberto dela Cruz | 1247172 |
0097 | 07 July 2003 | Bulukan woods | Conchita Ligaya | 1247175 |
0098 | 07 July 2003 | 6 pcs. haligi | Jane Bulagay | 1247173 |
0099 | 11 July 2003 | 700 board ft. cut woods | Dominador Aveno | 1247452 |
0100 | 14 July 2003 | 800 board ft. cut wood/ lumber | Dante Medina | 1247180 |
0101 | 16 July 2003 | 600 board ft. cut lumber | Rachelle Solana | 1247182 |
0102 | 23 July 2003 | 1,200 board ft. hard lumber | Necito Crisostomo | 1247188 |
0103 | 23 July 2003 | 700 board ft. good lumber | Nestor Astejada | 1247129 |
0104 | 28 July 2003 | 959 board ft. cut lumber | Necito Crisostomo | 1247428 |
0105 | 29 July 2003 | 600 board ft. lumber | Marilou Astejada | 1247191 |
0106 | 01 Aug. 2003 | 1,000 board Malaruhat | Ruel Ruzol | 1247198 |
0107 | 05 Aug. 2003 | 800 board ft. lumber | Virgilio Aumentado | 1322853 |
0108 | 08 Aug. 2003 | 4.8 cubic ft. Amlang woods | Rosa Turgo | 1322862 |
0109 | 12 Aug. 2003 | 788 Board ft. cut woods | Maria Teresa Adornado | 1322865 |
0110 | 25 Aug. 2003 | 500 board ft. assorted lumber | Romy Buendicho | 1322929 |
0111 | 28 Aug. 2003 | 2 sala sets | Roy Justo | 1322879 |
0112 | 29 Aug. 2003 | 456 pieces good lumber (assorted sizes) | Marilou Astejada | 1323056 |
0113 | 03 Sept. 2003 | 5 cubic ft softwoods (assorted sizes) | Rosa Turgo | 1322834 |
0114 | 05 Sept. 2003 | 1,000 board ft. good lumber (assorted sizes) | Agustin Vargas | 1323064 |
0115 | 08 Sept. 2003 | 80 pcs. wood post | Peter Banton | 1323124 |
0116 | 09 Sept. 2003 | 1 forward load (soft wood) | Efifania V. Astrega | 1323023 |
0117 | 11 Sept. 2003 | 1 forward load (assorted species) | Noling Multi Purpose Corp. | 1323072 |
0118 | 11 Sept. 2003 | 500 board ft. good lumber | Agustin Vargas | 1323071 |
0119 | 12 Sept. 2003 | 900 board ft. good lumber (assorted sizes) | Nestor Astejada | 1323073 |
0120 | 15 Sept. 2003 | 950 board ft. Malaruhat | Edna Moises | 1323128 |
0121 | 16 Sept. 2003 | 14 pcs. Panel door | Roy Justo | 1323041 |
0122 | 17 Sept. 2003 | 546 board ft. soft woods | Mr. Marquez | 1322951 |
0123 | 19 Sept. 2003 | 1,600 board ft. good lumber (assorted sizes) | Decembrano Sabiduria | 1323085 |
0124 | 22 Sept. 2003 | 900 board ft. good lumber | Jeffrey dela Vega | 1323095 |
0125 | 22 Sept. 2003 | 1 Jeep load hard wood | Federico Marquez | 1323100 |
0126 | 25 Sept. 2003 | 750 board ft. Malaruhat/ Marang | Virgilio Villareal | 1323252 |
0127 | 03 Oct. 2003 | 750 board ft. Malaruhat/ Marang | Virgilio Villareal | 1323252 |
0128 | 02 Oct. 2003 | 60 pcs. good lumber (assorted sizes) | Nestor Astorza | 1482662 |
0129 | 03 Oct. 2003 | 1,600 board ft. good lumber (assorted sizes) | Virgilio Villareal | 1482666 |
0130 | 03 Oct. 2003 | 400 board ft. Malaruhat (assorted sizes) | Amado Pradillada | 1482815 |
0131 | 03 Oct. 2003 | 1 full load (soft wood) | Flordeliza Espiritu | 1482867 |
0132 | 03 Oct. 2003 | 6,342 board ft sticks | Joel Pacaiqui | 1482716 |
0133 | 03 Oct. 2003 | 6,090 board ft sticks | Joel Pacaiqui | 1482717 |
0134 | 07 Oct. 2003 | 900 board ft. good lumber (assorted sizes) | Mylene Moises | 1482670 |
0135 | 13 Oct. 2003 | 600 board ft. Lawaan (assorted sizes) | Winnie Acebaque | 1482734 |
0136 | 13 Oct. 2003 | 1,700 board ft. Malaruhat (assorted sizes) | Nestor Bautista | 1482740 |
0137 | 13 Oct. 2003 | 300 board ft. Lawaan (assorted sizes) | Trinidad Guerero | 1482774 |
0138 | 16 Oct. 2003 | 700 board ft. Lawaan | Federico Marquez | 1482782 |
0139 | 17 Oct. 2003 | 4,602 board ft. good lumber (assorted sizes) | Nenita Juntreal | 1482787 |
0140 | 20 Oct. 2003 | 1,700 board ft. Malaruhat (assorted sizes) | Belen Ordinado | 1482793 |
0141 | 23 Oct. 2003 | 66 pcs. good lumber (assorted sizes) | Nestor Astejada | 1482847 |
0142 | 25 Oct. 2003 | 1,700 board ft. good lumber | Dante Medina | 1323277 |
0143 | 27 Oct. 2003 | 1,800 board ft. good lumber (assorted sizes) | Dante Medina | 1482951 |
0144 | 28 Oct. 2003 | 1,254 board ft. good lumber (assorted sizes) | Jonathan Supremo | 1323281 |
0145 | 28 Oct. 2003 | 2,500 board ft. lumber (assorted sizes) | Ramir Sanchez | 1483001 |
0146 | 28 Oct. 2003 | 500 board ft. good lumber (assorted sizes) | Rolando Franela | 1323280 |
0147 | 03 Nov. 2003 | 850 finished products (cabinet component, balusters, door jambs) | Naty Orozco | 1483020 |
0148 | 03 Nov. 2003 | 400 board ft. good lumber (assorted sizes) & 6 bundles of sticks | Elizabeth Junio | 1483022 |
0149 | 10 Nov. 2003 | 1,770 board ft. good lumber (assorted sizes) | Dante Medina | 1483032 |
0150 | 10 Nov. 2003 | 1,000 board ft. lumber | Nestor Astejada | 1483033 |
0151 | 12 Nov. 2003 | 900 board ft. lumber (assorted sizes) | Federico Marquez | 1483041 |
0152 | 12 Nov. 2003 | Mini dump truck good lumber (assorted sizes) | Rizalito Francia | 1483042 |
0153 | 14 Nov. 2003 | 500 components, 100 pcs balusters (assorted sizes of stringers, tassels) | Annie Gonzales | 1483070 |
0154 | 14 Nov. 2003 | 700 board ft. good lumber | Winnie Aceboque | 1323287 |
0155 | 17 Nov. 2003 | 1,600 board ft. Malaruhat lumber (assorted sizes) | Federico Marquez | 1483072 |
0156 | 05 Nov. 2003 | 400 board ft. Tapil & 7 pcs. 1x10x14 | Belen Ordinado | 1483023 |
0157 | 05 Nov. 2003 | 1,000 board ft. lumber (assorted sizes) | Leonardo Aveno | 1623003 |
0158 | 05 Nov. 2003 | 150 board ft. good lumber | Francisco Mendoza | 1483027 |
0159 | 07 Nov. 2003 | 433 bundles of semi-finished products | Naty Orozco | 1483031 |
0160 | 08 Nov. 2003 | 800 board ft. lumber (assorted sizes) | Armando Pradillada | 1483134 |
0161 | 25 Nov. 2003 | 30 pcs. sliced lumber | Ariel Molina | 1632059 |
0162 | 19 Nov. 2003 | 1,000 board ft. good lumber (assorted sizes) | Dante Medina | 1623053 |
0163 | 20 Nov. 2003 | 500 board ft. good lumber (assorted sizes) | Maria Teresa Adornado | 1323288 |
0164 | 20 Nov. 2003 | 1,500 board ft. good lumber (assorted sizes) | Romeo Sabiduria | 1483080 |
0165 | 21 Nov. 2003 | 1,000 board ft. Malaruhat lumber (assorted sizes) | Dante Medina | 1623057 |
0166 | 25 Oct. 2003 | 2,000 board ft. lumber (assorted sizes) | Federico Marquez | 1322982 |
0167 | 25 Nov. 2003 | 500 board ft. Malaruhat | Federico Marquez | 1483090 |
0168 | 25 Nov. 2003 | 70 bundles of Rattan (assorted sizes) | Manuel Buendicho | 1483095 |
0169 | 28 Nov. 2003 | 6,542 board ft. finished products (cabinet and components) | Nenita Juntareal | 1623019 |
0170 | 01 Dec. 2003 | 400 board ft. Malaruhat | Federico Marquez | 1623061 |
0171 | 01 Dec. 2003 | 500 board ft. good lumber | Nestor Astejada | 1483123 |
0172 | 01 Dec. 2003 | 1,500 board ft. lumber (assorted sizes) | Belen Ordinado | 1623063 |
0173 | 03 Dec. 2003 | 500 board ft. Laniti | Rosa Turgo | 1483125 |
0174 | 04 Dec. 2003 | 1,000 board ft. lumber | Dante Medina | 1483127 |
0175 | 04 Dec. 2003 | 26 pcs. lumber (assorted sizes) & 2 bundles of sticks | Nenita Juntareal | 1483128 |
0176 | 05 Dec. 2003 | 800 board ft. lumber | Nestor Astejada | 1483131 |
0177 | 08 Dec. 2003 | 678 board ft. good lumber (assorted sizes) | Elenor Rutaquio | 1623082 |
0178 | 08 Dec. 2003 | 200 board ft. lumber (assorted sizes) | William Rutaquio | 1623010 |
0179 | 09 Dec. 2003 | 1,800 board ft. lumber | Nestor Astejada | 1623090 |
0180 | 12 Dec. 2003 | One jeep load of good lumber (assorted sizes) | Angelo Avellano | 1623099 |
0181 | 12 Dec. 2003 | 500 board ft. Lawaan | Merly Pante | 1623100 |
0182 | 12 Dec. 2003 | 800 board ft. lumber | Pepito Aumentado | 1483147 |
0183 | 16 Dec. 2003 | 600 board ft. Malaruhat | Jonathan Marcial | 1623033 |
0184 | 16 Dec. 2003 | 650 board ft. lumber | Pepito Aumentado | 1482987 |
0185 | 16 Dec. 2003 | 1,000 board ft. Malaruhat | Dante Medina | 1482986 |
0186 | 18 Dec. 2003 | 100 board ft. lumber | Aladin Aveno | 1322992 |
0187 | 19 Dec. 2003 | 780 board ft. lumber | Pepito Aumentado | 1323000 |
0188 | 19 Dec. 2003 | 1,500 board ft. coco lumber | Felecita Marquez | 1322998 |
0189 | 22 Dec. 2003 | 600 board ft. lumber | Belen C. Ordinado | 1623209 |
0190 | 29 Dec. 2003 | 600 board ft. Lawaan | Winnie Aciboque | 1623211 |
0191 | 29 Dec. 2003 | 300 board ft. lumber | Yolanda Crisostomo | 1623210 |
0192 | 30 Dec. 2003 | 800 board ft. Lawaan | Pepito Aumentado | 1623215 |
0193 | 20 Nov. 2003 | 150 board ft. good lumber (assorted sizes) | Francisco Mendoza | 1483086 |
0194 | 30 June 2003 | 450 board ft. fresh cut lumber | Mylene Moises | 1247126 |
0195 | 13 July 2001 | 1 L-300 load of finished and semi-finished products | Evangeline Moises | 9894843-Q |
0196 | 02 July 2001 | 96 pcs. good lumber (assorted sizes) | Rollie L. Velasco | 9894996-Q |
0197 | 07 May 2004 | 1,500 board ft. babayahin lumber | Nemia Molina | 200647 |
0198 | 19 April 2004 | 107 pcs. sliced lumber (assorted sizes) | Carlo Gudmalin | 1868050 |
0199 | 5 March 2004 | 10 pcs. Deadwood (Bulakan) | Elizabeth Junio | 1708899 |
0200 | 2 March 2004 | 600 board ft. Amalang wood | Roda Turgo | 1867608 |
0201 | 1 March 2004 | 149 sliced lumber (assorted sizes) | Necito Crisostomo | 1708891 |
0202 | 1 March 2004 | 80 bundles of rattan | Manuel Buendicho | 1708890 |
0203 | 23 Feb. 2004 | 30 pcs. sliced lumber (assorted sizes) | Leonardo Aveno | 1708863 |
0204 | 13 Feb. 2004 | 50 pcs. sliced sliced lumber (assorted sizes) | Federico Marquez | 1708698 |
0205 | 12 Feb. 2004 | 69 pcs. sliced sliced lumber (assorted sizes) | Florencio Borreo | 1708694 |
0206 | 17 Feb. 2004 | 50 pcs. sliced sliced lumber (assorted sizes) | Ronnie Astejada | 1708774 |
0207 | 04 Feb. 2004 | 600 board ft. sliced lumber (assorted sizes) | Pepito Aumentado | 1708486 |
0208 | 1 March 2004 | 21 pcs. Lawaan (assorted sizes) | Atan Marquez | 1708878 |
0209 | 4 Feb. 2004 | 563 board ft. sliced lumber (assorted sizes) | Decembrano Sabiduria | 1708487 |
0210 | 06 Feb. 2004 | 80 pcs. Buukan (Ugat) | Maila S. Orozco | 1708547 |
0211 | 30 Jan. 2004 | 1,000 board ft. good lumber (assorted sizes) | Pepito Aumentado | 1708534 |
0212 | 29 Jan. 2004 | 950 board ft. good lumber (assorted sizes) | Leonardo Moises | 1708528 |
0213 | 28 Jan. 2004 | 1,000 board ft. good lumber (assorted sizes) | Pepito Aumentado | 1708518 |
0214 | 28 Jan. 2004 | 5, 000 board ft. good lumber (assorted sizes) | Carmelita Lorenzo | 1708521 |
0215 | 28 Jan. 2004 | 350 board ft. good lumber (assorted sizes) | Amando Pradillada | 1708368 |
0216 | 23 Jan. 2004 | 800 board ft. lumber (assorted sizes) | Pepito Aumentado | 1708517 |
0217 | 21 Jan. 2004 | 1,050 board ft. good lumber (assorted sizes) | Romeo Sabiduria | 1708508 |
0218 | 06 April 2004 | 800 board ft. sliced lumber (assorted sizes) | Mylene Moises | 1868025 |
0219 | 11 March 2004 | 300 pieces or 1, 200 board ft. sliced lumber (assorted sizes) | Ernesto Aumentado | 1708975 |
0220 | 02 Feb. 2004 | 7,000 board ft. good lumber | Carmelita Lorenzo | 1708376 |
0221 | 08 Jan. 2004 | 600 board ft. Malaruhat | Nestor Astejada | 1623451 |
0222 | 10 Dec. 2003 | 300 pieces good lumber | Francisco Mendoza | 1623096 |
0223 | 18 Nov. 2003 | 6,432 board ft. assorted species | Naty Orozco | 1483048 |
0224 | 30 Oct. 2003 | 8,000 board ft. Malauban | Ma. Teresa Adornado | 1483019 |
0225 | 21 Oct. 2003 | 1,770 board ft. good lumber (assorted sizes) | Dante Medina | 1482796 |
0226 | 21 Oct. 2003 | 300 board ft. Malaruhat (assorted sizes) | Leonardo S. Aveno | 1323271 |
0227 | 21 Oct. 2003 | 10,875 board ft. lumber (assorted sizes) | Annie Gonzales | 1323273 |
0228 | 20 Oct. 2003 | 300 board ft. sliced lumber | Bernardo Gonzalvo | 1482835 |
0229 | 17 Oct. 2003 | 6,090 board ft. lumber | Naty Orozco | 1482834 |
0230 | 17 Oct. 2003 | 16 pcs. panel door (finished product) | Roy Justo | 1482743 |
0231 | 01 Oct. 2003 | 300 board ft. good lumber (assorted sizes) | Analiza Vargas | 1482710 |
0232 | 01 Oct. 2003 | 700 board ft. Malaruhat (assorted sizes) | Engr. Mercado | 1482760 |
0233 | 30 Sept. 2003 | 500 board ft. sliced lumber (assorted sizes) | Mylene Moises | 1482810 |
0234 | 29 Sept. 2003 | 800 board ft. good lumber (assorted sizes) | Wennie Acebuque | 1482703 |
0235 | 15 Sept. 2003 | 1,500 board ft. malaruhat lumber (assorted sizes) | Decembrano Sabiduria | 1323076 |
0236 | 10 Sept. 2003 | 200 board ft. good lumber (assorted sizes) | Junier Franquia | 1323027 |
0237 | 29 Aug. 2003 | 600 board ft. good lumber | Annaliza Vargas | 1322830 |
0238 | 07 Aug. 2003 | 2,000 board ft. lumber (assorted sizes) | Abilardo dela Cruz | 1247200 |
0239 | 06 Aug. 2003 | 1,000 board ft. hardwood | Jennifer Nudalo | 1322802 |
0240 | 25 June 2003 | 600 board ft. good lumber | Roy Justo | 1247024 |
0241 | 26 May 2003 | 800 board ft. lumber | Adelino Lareza | 3651096 |
0242 | 26 May 2003 | Assorted sizes good lumber | Rollie Velasco | 3651587 |
0243 | 23 May 2003 | 342 sliced lumber (assorted sizes) | Dolores S. Gloria | 3651499 |
0244 | 20 May 2003 | 500 board ft. lumber | Marylyn de Loreto/ Melita Masilang | 3651574 |
0245 | 02 May 2003 | 123 pieces sliced lumber (assorted sizes) | Armando Lariza | 3651656 |
0246 | 17 Feb. 2003 | 70 pieces sliced lumber (assorted sizes) | Efren Tena/ Romeo Serafines | 1182204 |
0247 | 07 Feb. 2003 | 1 piece narra bed; 1 piece narra panel door; 6 pcs. Refrigerator stand & 1 pc. Narra cabinet (finished product) | Roy D. Justo | 1182060 |
0248 | 05 Dec. 2002 | 140 pcs. round poles | Lamberto R. Ruzol | 0943647 |
0249 | 20 Nov. 2002 | 500 board ft. lumber (assorted sizes) | Luz Astoveza | 0943618 |
0250 | 30 Oct. 2002 | 1,200 board ft. sliced lumber (assorted sizes) | Arceli Fortunado | 0830698 |
0251 | 04 Oct. 2002 | 500 board ft. Huling Manok | Roy Justo | 0830646 |
0252 | 27 Sept. 2002 | 300 board ft. sliced lumber (assorted sizes) | Roy Justo | 0830625 |
0253 | 24 Sept. 2002 | 1,000 board ft. sliced lumber (assorted sizes) | Inna L. Customerado | 0830771 |
0254 | 23 Sept. 2002 | 1,000 board ft. sliced lumber (assorted sizes) | Normelita L. Curioso | 0830610 |
0255 | 03 Sept. 2002 | 2,000 pcs. trophy (wood carvings) | Floredeliza D. Espiritu | 686642 |
0256 | 7 March 2002 | 2,000 sets trophy (wood carvings) | Floredeliza D. Espiritu | 090549 |
0257 | 03 Dec. 2001 | 10,000 sets trophy (wood carvings) | Floredeliza D. Espiritu | 090769 |
0258 | 12 Sept. 2001 | 1,075 board ft of sticks & 1,450 board ft. Bollilo (assorted sizes) | Lea A. Rivera | 7786333 |
0259 | 07 Oct. 2003 | Assorted lumber | Roy D. Justo | 1482765 |
(1) As Chief Executive of the municipality of General Nakar, Quezon, he is authorized to issue permits to transport forest products pursuant to RA 7160 which give the LGU not only express powers but also those powers that are necessarily implied from the powers expressly granted as well as those that are necessary, appropriate or incidental to the LGU’s efficient and effective governance. The LGU is likewise given powers that are essential to the promotion of the general welfare of the inhabitants. The general welfare clause provided in Section 16, Chapter 2, Title One, Book I of R.A. 7160 is a massive grant of authority that enables LGUs to perform or exercise just about any power that will benefit their local constituencies. (2) In addition to the foregoing, R.A. 7160 has devolved certain functions and responsibilities of the DENR to the LGU. And the permits to transport were issued pursuant to the devolved function to manage and control communal forests with an area not exceeding fifty (50) square kilometers. (3)The Permits to Transport were issued as an incident to the payment of Transport Fees levied by the municipality for the use of local public roads for the transport of salvaged forest products. Under (a) Section 5, Article X of the Constitution, (b) Section 129, Chapter I, Title One Book II of R.A. 7160, and (c) Section 186, Article Five, Chapter 5, Tile One, Book II of R.A. 7160, the municipality is granted the power to create its own sources of revenue and to levy fees in accordance therewith.
(4) The only kind of document the DENR issues relating to log, timber or lumber is denominated “Certificate of Timber Origin” or CTO for logs and “Certificate of Lumber Origin” or CLO for lumber; hence, even if accused issued the Transport Permits on his side, a person wanting to transport the said forest products would have to apply and obtain a CTO or CLO from the DENR. The Transport Permits issued by the accused were never taken as a substitute for the CTO or CLO, and this is the reason why said permits contain the annotation “Subject to DENR rules, laws and regulations.” (5) There is no proof of conspiracy between the accused. The Transport Permits were issued by accused Sabiduria in his capacity as Municipal Administrator and his mere issuance is not enough to impute upon the accused Ruzol any transgression or wrongdoing that may have been committed in the issuance thereof following the ruling in Arias v. Sandiganbayan (180 SCRA 309). (6) The DENR directly sanctioned and expressly authorized the issuance of the 221 Transport permits through the Provincial Environment and natural Resources officer Rogelio Delgado Sr., in a Multi-Sectoral Consultative Assembly. (7) The accused cannot be convicted of Usurpation of Authority since they did not act “under the pretense of official position,” accused Ruzol having issued the permits in his capacity as Mayor and there was no pretense or misrepresentation on his part that he was an officer of DENR.[7]
WHEREFORE, premises considered, the Court resolves these cases as follows:1. Against the accused LEOVEGILDO R. RUZOL, judgment is hereby rendered finding him GUILTY beyond reasonable doubt of Two Hundred Twenty One (221) counts of the offense of Usurpation of Official Functions as defined and penalized under Article 177 of the Revised Penal Code and hereby sentences him to suffer for each case a straight penalty of SIX (6) MONTHS and ONE (1) DAY.SO ORDERED.[8]
However, in the service of his sentences, accused Ruzol shall be entitled to the benefit of the three-fold rule as provided in Article 70 of the Revised Penal Code, as amended.
2. On the ground of reasonable doubt, accused GUILLERMO M. SABIDURIA is ACQUITTED of all 221 charges. The cash bond posted by him for his provisional liberty may now be withdrawn by said accused upon presentation of the original receipt evidencing payment thereof subject to the usual accounting and auditing procedures. The hold departure procedure issued by this Court dated 16 April 2008 is set aside and the Order issued by the Bureau of Immigration dated 29 April 2008 including the name of Sabiduria in the Hold Departure List is ordered recalled and cancelled.
Section 5. Jurisdiction of Bureau. The Bureau [of Forest Management] shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities.
It shall be responsible for the protection, development, management, regeneration, and reforestation of forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple use and sustained yield management in forest lands; the protection, development and preservation of national parks, marine parks, game refuges and wildlife; the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain; and the enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.
The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. (Emphasis Ours.)
SECTION 4. Mandate. The Department shall be the primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources, specifically forest and grazing lands of the public domain, as well as the licensing and regulation of all natural resources as maybe provided for by law in order to ensure equitable sharing of the benefits derived therefrom for the welfare of the present and future generations of Filipinos.
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SECTION 5. Powers and Functions. To accomplish its mandate, the Department shall have the following functions:
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(d) Exercise supervision and control over forest lands, alienable and disposal lands, and mineral resources and in the process of exercising such control the Department shall impose appropriate payments, fees, charges, rentals and any such revenues for the exploration, development, utilization or gathering of such resources.
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(j) Regulate the development, disposition, extraction, exploration and use of the country’s forest, land and mineral resources;
(k) Assume responsibility for the assessment, development, protection, conservation, licensing and regulation as provided for by law, where applicable, of all natural resources; the regulation and monitoring of service contractors, licensees, lessees, and permittees for the extraction, exploration, development and utilization of natural resources products; the implementation of programs and measures with the end in view of promoting close collaboration between the government and the private sector; the effective and efficient classification and sub-classification of lands of the public domain; and the enforcement of natural resources laws, rules and regulations;
(l) Promulgate rules, regulations and guidelines on the issuance of co-production, joint venture or production sharing agreements, licenses, permits, concessions, leases and such other privileges and arrangement concerning the development, exploration and utilization of the country’s natural resources and shall continue to oversee, supervise and police our natural resources; to cancel or cause to cancel such privileges and arrangement upon failure, non-compliance or violations of any regulations, orders, and for all other causes which are furtherance of the conservation of natural resources and supportive of the national interests;
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(n) Implement measures for the regulation and supervision of the processing of forest products, grading and inspection of lumber and other forest products and monitoring of the movement of timber and other forest products. (Emphasis Ours.)
Section 17. Basic Services and Facilities. -
(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated herein.
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(2) For a Municipality:
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(ii) Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects. (Emphasis Ours.)
Section 3.1 Forest Management
- Implementation of the following community-based forestry projects:
- Integrated Social Forestry Projects, currently funded out of regular appropriations, except at least one project per province that shall serve as research and training laboratory, as identified by the DENR, and those areas located in protected areas and critical watersheds;
- Establishment of new regular reforestation projects, except those areas located in protected areas and critical watersheds;
- Completed family and community-based contract reforestation projects, subject to policies and procedures prescribed by the DENR;
- Forest Land Management Agreements in accordance with DENR Administrative Order No. 71, Series of 1990 and other guidelines that the DENR may adopt; and
- Community Forestry Projects, subject to concurrence of financing institution(s), if foreign assisted.
- Management and control of communal forests with an area not exceeding fifty (50) square kilometers or five thousand (5,000) hectares, as defined in Section 2, above. Provided, that the concerned LGUs shall endeavor to convert said areas into community forestry projects;
- Management, protection, rehabilitation and maintenance of small watershed areas which are sources of local water supply as identified or to be identified by the DENR; and
- Enforcement of forest laws in community-based forestry project areas, small watershed areas and communal forests, as defined in Section 2 above, such as but not limited to:
- Prevention of forest fire, illegal cutting and kaingin;
- Apprehension of violators of forest laws, rules and regulations;
- Confiscation of illegally extracted forest products on site;
- Imposition of appropriate penalties for illegal logging, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming and other unlawful activities; and
- Confiscation, forfeiture and disposition of conveyances, equipment and other implements used in the commission of offenses penalized under P.D. 705 as amended by E.O. 277, series of 1987 and other forestry laws, rules and regulations.
Section 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. (Emphasis Ours.)
Section 1. Basic Policies
Subject to the general policies on devolution as contained in RA 7160 and DENR Administrative Order No. 30, Series of 1992, the following basic policies shall govern the implementation of DENR-DILG-LGU partnership on devolved and other forest management functions:1.1. The Department of Environment and Natural Resources (DENR) shall be the primary government agency responsible for the conservation, management, protection, proper use and sustainable development of the country’s environment and natural resources.
1.2. The LGUs shall share with DENR the responsibility in the sustainable management and development of the forest resources within their territorial jurisdiction. Toward this end, the DENR and the LGUs shall endeavor to strengthen their collaboration and partnership in forest management.
1.3. Comprehensive land use and forest land use plans are important tools in the holistic and efficient management of forest resources. Toward this end, the DENR and the LGUs together with other government agencies shall undertake forest land use planning as an integral activity of comprehensive land use planning to determine the optimum and balanced use of natural resources to support local, regional and national growth and development.
1.4. To fully prepare the LGUs to undertake their shared responsibilities in the sustainable management of forest land resources, the DENR, in coordination with DILG, shall enhance the capacities of the LGUs in the various aspects of forest management. Initially, the DENR shall coordinate, guide and train the LGUs in the management of the devolved functions. As the LGUs’ capacity in forest management is enhanced, the primary tasks in the management of devolved functions shall be performed by the LGUs and the role of the DENR becomes assistive and coordinative.
1.5. To further the ends of local autonomy, the DENR in consultation with the LGUs shall devolved [sic] additional functions and responsibilities to the local government units, or enter into agreements with them for enlarged forest management and other ENR-related functions.
1.6. To seek advocacy, popular support and ultimately help achieve community empowerment, DENR and DILG shall forge the partnership and cooperation of the LGUs and other concerned sectors in seeking and strengthening the participation of local communities for forest management including enforcement of forestry laws, rules and regulations. (Emphasis Ours.)
Section 153. Service Fees and Charges. – Local government units may impose and collect such reasonable fees and charges for services rendered.
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Section 186. Power to Levy Other Taxes, Fees or Charges. – Local government units may exercise the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory or contrary to declared national policy: Provided, further, That the ordinance levying such taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose. (Emphasis Ours.)
(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance;
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vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the municipality; provide efficient and effective property and supply management in the municipality; and protect the funds, credits, rights and other properties of the municipality. (Emphasis Ours.)
Section 8.4 Communal Forest
8.4.1 Existing Communal Forest
The devolution to and management of the communal forest by the city and municipal governments shall be governed by the following general procedures:
(a) DENR, through its CENRO, and the concerned LGU shall undertake the actual identification and assessment of existing communal forests. The assessment shall determine the suitability of the existing communal forests. If these are no longer suitable, then these communal forests may be disestablished. The Approval for disestablishment shall be by the RED upon recommendation of the DENR-LGU assessment Team through the PENRO and the RTD for Forestry; (b) Existing communal forest which are found and recommended by the DENR-LGU Assessment Team as still suitable to achieve their purpose shall be maintained as such. Thereafter, the Sangguniang Panglungsod or Sangguniang Bayan where the communal forest is located shall pass resolution requesting the DENR Secretary for the turnover of said communal forest to the city or municipality. Upon receipt of said resolution, the DENR Secretary shall issue an Administrative Order officially transferring said communal forest to the concerned LGU. The DENR RED shall effect the official transfer to the concerned LGU within fifteen (15) days from the issuance of the administrative order; (c) Within twelve months from the issuance of the Administrative Order and turnover of said communal forest to the city or municipality, the LGU to which the communal forest was transferred shall formulate and submit to the Provincial ENR Council for approval a management plan governing the sustainable development of the communal forest. For the purpose of formulating the communal forest management plan, DENR shall, in coordination with the concerned LGU, undertake a forest resource inventory and determine the sustainable level of forest resource utilization and provide the LGU technical assistance in all facets of forest management planning to ensure sustainable development. The management plan should include provision for replanting by the communities and the LGUs of the communal forests to ensure sustainability.
8.4.2 Establishment of New Communal Forest
The establishment of new communal forests shall be governed by the following guidelines:
(a) DENR, through its CENRO, together with the concerned city/municipal LGU shall jointly identify potential communal forest areas within the geographic jurisdiction of the concerned city/municipality. (b) Communal forests to be established shall be identified through a forest land use planning to be undertaken jointly between the DENR and the concerned LGU. The ensuing forest land use plan shall indicate, among others, the site and location of the communal forests within the production forest categorized as such in the forest land use plan; (c) Once the forest land use plan has been affirmed, the local chief executive shall initiate the passage by the LGU’s sanggunian of a resolution requesting the DENR Secretary to issue an Administrative Order declaring the identified area as a communal forest. The required administrative order shall be issued within sixty (60) days after receipt of the resolution; Upon acceptance of the responsibility for the communal forest, the city/municipal LGU shall formulate the management plan and submit the same to its ENR Council. The management plan shall include provision for replanting by the communities and the LGUs of the communal forests to ensure sustainability.
The communal forests of each municipality shall in no case exceed a total of 5,000 hectares. (Emphasis Ours.)
The imperative of proof beyond reasonable doubt has a vital role in our criminal justice system, the accused, during a criminal prosecution, having a stake interest of immense importance, both because of the possibility that he may lose his freedom if convicted and because of the certainty that his conviction will leave a permanent stain on his reputation and name. (Emphasis supplied.)
Law and jurisprudence demand proof beyond reasonable doubt before any person may be deprived of his life, liberty, or even property. Enshrined in the Bill of Rights is the right of the petitioner to be presumed innocent until the contrary is proved, and to overcome the presumption, nothing but proof beyond reasonable doubt must be established by the prosecution. The constitutional presumption of innocence requires courts to take “a more than casual consideration” of every circumstance of doubt proving the innocence of petitioner. (Emphasis added.)
The necessity for proof beyond reasonable doubt lies in the fact that “(i)n a criminal prosecution, the State is arrayed against the subject; it enters the contest with a prior inculpatory finding in its hands; with unlimited means of command; with counsel usually of authority and capacity, who are regarded as public officers, and therefore as speaking semi-judicially, and with an attitude of tranquil majesty often in striking contrast to that of defendant engaged in a perturbed and distracting struggle for liberty if not for life. These inequalities of position, the law strives to meet by the rule that there is to be no conviction when there is a reasonable doubt of guilt.”
If it is really true that Ruzol believed himself to be authorized under R.A. 7160 to issue the subject permits, why did he have to secure the approval of the various NGOs, People’s Organizations and religious organizations before issuing the said permits? He could very well have issued subject permits even without the approval of these various organizations if he truly believed that he was legally empowered to do so considering that the endorsement of these organizations is not required by law. That Ruzol had to arm himself with their endorsement could only mean that he actually knew that he had no legal basis for issuing the said permits; thus he had to look elsewhere for support and back-up.[46] (Emphasis Ours.)