01 DENR V Daraman Case Digest
01 DENR V Daraman Case Digest
01 DENR V Daraman Case Digest
Facts:
Gregorio Daraman is the driver of St. Jude with Plate No. HAJ-848 owned by
Narciso Lucenecio of the Holy Cross Funeral Services, transporting lumber of assorted
sizes and wood shavings owned by a certain Asan. When Pablo Opinion, a Forest
Ranger of DENR asked Daraman for some papers of the assorted lumber, he replied
none because they were not his. Opinion then took hold the vehicle and the assorted
lumber, took a photograph of it and issued a seizure receipt.
Issue:
Whether or not the vehicle transporting lumber without papers can be confiscated
by DENR even if the vehicle’s owner is not the owner of the lumber and not criminally
liable for violating Section 68 of Presidential Decree No. 705 as amended.
Ruling:
Section 68-A, Presidential Decree No. 705 as amended provides in part that “the
Department Head or his duly authorized representative, may order the confiscation of
any forest products illegally cut, gathered, removed, or possessed or abandoned, and
all conveyances used either by land, water or air in the commission of the offense…”