Decision
13
G.R. No. 224469
1. ls the dita tree cut and collected by
petitioners a specie of timber?
There is .uo· issue that petitioners did cut and collect a dita tree. As a
rule, we are bound by the factual findings of the trial court and the Court of
Appeals. Petitioners themselves have not seriously challenged this factual
finding. In fact, their sole witness confirmed that they had cut and collected
the dita tree.
As for the nature of the dita tree, we rule that it constitutes timber.
Merida v. People50 has explained that timber in PD 705 refers to:
... "w~>0d used for or suitable for building or for carpentry or
joinery." Indeed, tree saplings or tiny tree stems that are too small for use
as posts, panelling, beams, tables, or chairs cannot be considered timber ....
Undoubtedly, the narra tree petitioner felled and converted to lumber was
"timber" fit "for building or for carpentry or joinery" and thus falls under
the ambit of Section 68 of PD 705, as amended.
Here, the dita tree was intended for constructing a communal toilet.
It therefore qualifies beyond reasonable doubt as timber pursuant to Section
77.
2. Was the dita tree a specie of timber
cut and collected from a forest land,
an alienable qr disposable public
land, or a private land, as
contemplated in Section 77 of PD
705, as amended?
Section 3(d) of PD 705, as amended defines forest lands as including
the public forest, 51 the permanent fore st or forest reserves, 52 and forest
reservations. 53 Section 3(c) defines alienable and disposable lands as "those
lands of the public domain which have been the subject of the present system
of classification and declared as not needed for forest purposes."
Section 3 (µIm) defines private lands indirectly as those lands with
titled rights of ownership under existing laws, and in the case of national
minority, lands s~bject to rights of possession existing at the time a license
is granted under PD 705, which possession may include places of abode
and worship, burial grounds, and old clearings:, but exclude productive
50
5'77 Phil. 243, 256-257 (2008):
PD 705 as amended, Section 3 (a): Public forest is the mass of lands of the public domain which has not
been the subject of the present system of cla,;sification for the determination of which lands are needed for
forest purposes and which are not.
52 PD 705 as amended, Section 3 (b ): Permanent forest or forest reserves refers to those lands of the public
domain which have be~n the subject of the present system of classification and declared as not needed for
forest purposes.
53 PD 705 as amended, Section 3 (g): Forest reservations refer to forest lands which have been reserved by
the President of the Philippines for any specific purpose or purposes.
51