Separate Opinion
17
G.R. No. 224469
reserve of whatever character; alienable or disposable land: Provided,
That if the offender is a corporation, partnership or association, the officers
thereof shall be liable.
The same penalty above shall also be imposed on any licensee or
concessionaire who cuts timber from the license or concession of another
without prejudice to the cancellation of his license or concession, as well as
his perpetual disqualification from acquiring another such license or
concession. (Emphasis and underscoring supplied)
In 1975, P.D. 705 was enacted in order to revise several provisions of
P.D. 389, including the above-quoted section, to wit:
SECTION 68. Cutting, Gathering and/or Collecting Timber or Other
Products without License. - Any person who shall cut, gather, collect,
or remove timber or other forest products from any forest land, or
timber from alienable and disposable public lands, or from private
lands, without any authority under a license agreement, lease, license
or permit, shall be guilty of qualified theft as defined and punished under
Articles 309 and 310 of the Revised Penal Code; Provided, That in the case
of partnership, association or corporation, the officers who ordered the
cutting, gathering or collecting shall be liable, and if such officers are aliens,
they shall, in addition to the penalty, be deported without further
proceedings on the part of the Commission on Immigration and
Deportation.
The Court shall further order the confiscation in favor of the
government of the timber or forest products to cut, gathered, collected or
removed, and the machinery, equipment, implements and tools used therein,
and the forfeiture afhis'improvements in the area.
The same penalty plus cancellation of his license agreement, lease,
license or permit and perpetual disqualification from acquiring any such
privilege shall be imposed upon any licensee, lessee, or permittee who cuts
timber from the licensed or leased area of another, without prejudice to
whatever civil action the latter may bring against the offender. (Emphasis
and underscoring supplied)
In 1987, this provision was further amended through Executive Order
No. (E.O.) 277, which retains its present wording, to wit:
SECTION 1. Section 68 of Presidential Decree (P.D.) No. 705, as amended,
is hereby amended to read as follows:
Section 68. Cutting, Gathering and/or Collecting Timber or
Other Forest Products Without License. -Any person who
shall cut, gather, collect, remove timber or other forest
products from any forest land, or timber from alienable
or disposable public land, or from private land, without
any authority, or possess timber or other forest products
without the legal documents as required under existing forest
laws and regulations, shall be punished with the penalties
imposed under Articles 309 and 310 of the Revised Penal
Code: Provided, That in the case of partnerships,