Separate Opinion
3
G.R. No. 224469
recognize that at least three other members of the Court have also given their
positions as regards this case. These opinions are in addition to those espoused
by the ponencia. Evidently, interpreting the law as it affects the concerns of
IPs and the environment invites diverse points of view which hinders the
Court from finding accused's guilt beyond reasonable doubt. The
ramifications of laying down definitive pronouncements in this case that go
beyond the criminal liability of the accused may indeed have far-reaching
consequences that are already beyond what is necessary in resolving the
instant case.
That being said, I shall lay down the bases for my position that
petitioners are not liable under P.D. 705.
Petitioners did not violate P.D.
705, Sec. 77.
P.D. 705, Sec. 77, as amended, states:
Section 77. 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 p;nalties imposed under Articles 309 and 310 of the
Revised Penal Code: Provided, That in the case of partnerships,
associations, or corporations, the officers 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 the machinery, equipment, implements
and tools illegally used in the area where the timber or forest products are
found.
This provision punishes two distinct and separate offenses:
( 1) cutting, gathering, collecting, or removing timber or other
forest products fi:om ,any forest land, or timber from alienable or
disposable public land, or from private land without any
authority; and
(2) possession of timber or other forest products without the legal
documents required under existing forest laws and regulations. 3
Bon v. People, 464 Phil. 125 (2004); Lalican v. Hon. Vergara, 342 Phil. 485 (1997); Reva/do v. People,
603 Phil. 332 (2009).