natural resources
EPIFANIO LALICAN, petitioner, vs. HON. FILOMENO A. VERGARA,
Presiding Judge, RTC Branch 52, Puerto Princesa City and PEOPLE OF THE PHILIPPINES, respondents.
Facts:
The petitioners were apprehended on the Sitio Cadiz, Barangay Bacungan Puerto Princesa for violating Section 68 of PD No. 705 or known as The Forestry Reform Code of the Philippines. There were 1, 800 board feet of lumber loaded in two (2) passenger jeeps in different sizes and dimension that were confiscated. On August 9, 1991, all the accused were pleaded not guilty to the crime charged.
Petitioner Lalican filed a motion to quash the information filed against them contenting that, Section 68 of PD 705 does not include lumber because the wording of the law categorically specify timber to be collected as to constitute the violation on the said law. He further contends that, the law is vague because it does specify the authority or legal documents required by existing forest law and regulation.
The prosecution opposed the motion to quash on the ground that it is not the courts to determine the wisdom of the law or to set the policy as rest by the legislature. He further asserts that the word timber should include lumber which is a product or derivative of a timber. The position of the prosecution could result to the circumvention of the law, for one could stealthily cut a timber and process it to become a lumber. On September 24, 1991, the lower court construed the interpretation of the law against the State thus the motion was granted.
The prosecution filed a motion for reconsideration on the order underscoring the fact that the accused presented Private Land Timber Permit No. 030140 dated February 10, 1991 which had expired; that while the certificate of origin indicated Brgy. Sta. Cruz, the product actually came from Sitio Cadiz, and that the two jeeps bearing the product were not equipped with certificates of transport agreement. Added to this was the fact that, if the product
Presiding Judge, RTC Branch 52, Puerto Princesa City and PEOPLE OF THE PHILIPPINES, respondents.
Facts:
The petitioners were apprehended on the Sitio Cadiz, Barangay Bacungan Puerto Princesa for violating Section 68 of PD No. 705 or known as The Forestry Reform Code of the Philippines. There were 1, 800 board feet of lumber loaded in two (2) passenger jeeps in different sizes and dimension that were confiscated. On August 9, 1991, all the accused were pleaded not guilty to the crime charged.
Petitioner Lalican filed a motion to quash the information filed against them contenting that, Section 68 of PD 705 does not include lumber because the wording of the law categorically specify timber to be collected as to constitute the violation on the said law. He further contends that, the law is vague because it does specify the authority or legal documents required by existing forest law and regulation.
The prosecution opposed the motion to quash on the ground that it is not the courts to determine the wisdom of the law or to set the policy as rest by the legislature. He further asserts that the word timber should include lumber which is a product or derivative of a timber. The position of the prosecution could result to the circumvention of the law, for one could stealthily cut a timber and process it to become a lumber. On September 24, 1991, the lower court construed the interpretation of the law against the State thus the motion was granted.
The prosecution filed a motion for reconsideration on the order underscoring the fact that the accused presented Private Land Timber Permit No. 030140 dated February 10, 1991 which had expired; that while the certificate of origin indicated Brgy. Sta. Cruz, the product actually came from Sitio Cadiz, and that the two jeeps bearing the product were not equipped with certificates of transport agreement. Added to this was the fact that, if the product