Decision
2
G.R. No. 224469
This Petition for Review on Certiorari 1 assails the following
dispositions of the Court of Appeals in CA-G.R. CR No. 33906:
a) Decision2 dated May 29, 2015 affirming the conviction of petitioners
Diosdado Sama y Hinupas and Bandy Masanglay y Aceveda and their coaccused Demetria Masanglay y Aceveda for violation of Section 77 of
Presidential Decree 705 (PD 705) or the Revised Forestry Code of the
Philippines; and
b) Resolution 3 dated April 11, 2016 ~ denying their motion for
reconsideration.
Proceedings before the Trial Court
By Information4 dated May 27, 2005, petitioners and Demetrio were
charged, as follows: 5
INFORMATION
The undersigned Prosecutor, under oath, accuses DIOSDADO
SAMA y HINUP AS, DEMETRIO MASANGLA Y y ACEVEDA, BANDY
MASANGLA Y y ACEVEDA, residents of Barangay Baras, Baco, Oriental
Mindoro with the crime of Violation of Presidential Decree No. 705 as
amended, committed as follows:
That on or about the 15 th day of March 2005, at Barangay
Calangatan, Municipality of San Teodoro, 'Province of Oriental Mindoro,
Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, without any authority as required under existing forest laws
and regulations and for unlawful purpose, conspiring, confederating and
mutually helping one another did and then and there willfully, unlawfully,
feloniously and knowingly cut with the use of umegistered power chainsaw,
a Dita tree, a forest product, with an aggregate volume of 500 board feet
and with a corresponding value of TWENTY THOUSAND (Php20,000.00)
PESOS, Philippine Currency.
Contrary to law.
1
Rollo, pp. 14-37.
Penned by Associate Justice Zenaida T. Galapate-Laguilles and concurred in by Associate Justices Mariflor
P. Punzalan-Castillo and Fiorito S. Macalino, all members of the Twelfth Division, id. at 79-89.
3
CA rollo, pp. 143-144.
4
Rollo, pp. 48-49.
5
SECTION 77. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without
License. -Any person who shall cut, gather, collect, removed 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 fo:rest 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, associations, or
corporations, the offkers who ordered the cutting, gathering, collection or possession 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 any forest products cut, gathered, collected, removed, or
possessed as well as thp machinery, equipment, implements and tools illegally used in the area where the
timber or forest products are found.
2