Revaldo V. People of The Philippines Case Digest

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REVALDO V.

PEOPLE OF THE PHILIPPINES


CASE DIGEST
FACTS:
1. Petitioner Olympio Revaldo was charged with the offense of illegal
possession of premium hardwood lumber in violation of Section 68 of
the Forestry Code.
2. On June 18, 1992, Maceda together with the other policemen went to
the house of the petitioner to verify the report of Sunit that petitioner
had in his possession lumber without necessary documents.
3. The policemen were not armed with a search warrant on that day and
confiscated 20 pieces of lumber of different varieties lying around the
vicinity of the house of petitioner.
4. The petitioner contends that the warrantless search and seizure
conducted by the police officers was illegal and thus the items seized
should not have been admitted in evidence against him.
5. The respondent contends that even without a search warrant, the
personnel of the PNP can seize the forest products cut, gathered or
taken by an offender pursuant to Section 80 of the Forestry Code.
ISSUES:

Whether or not the mere possession of the lumber without legal


documents gives rise to criminal liability
Whether or not the arrest of Olympio Revaldo was illegal

RULING:
The decision of the of the CA was affirmed convicting the petitioner for
violation of Section 68 (now Section 77) of the Forestry code, as amended, with
MODIFICATION as regards the penalty in that petitioner Olympio Revaldo is
sentenced to suffer indeterminate penalty of four (4) months and one (1) day of
arresto mayor as minimum, to to (2) years, four (4) months and one (1) day of
prision correccional, as maximum.
The arrest of Olympio Revaldo was not illegal. Section 80 of the Forestry Code
provides that a forest officer or employee of the Bureau or any personnel of the
Philippine Constabulary/Philippine National Police shall arrest even without warrant
any person who has committed or is committing in his presence any of the offenses
defined in this chapter. He shall also confiscate, in favor of the Government, the
tools and equipment used in committing the offense, and the forest products cut,
gathered or taken by the offender in the process of committing the offense.
DOCTRINE:

Section 68 of the Forestry Code


Section 80 of the Forestry Code
Article 309 (3) in relation to Article 310 of the Revised Penal Code

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