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    Aquino v. People of The Philippines

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    Christine Caddauan
    (1) Aquino was charged with violating Section 68 of the Revised Forestry Code for overseeing the cutting of pine trees at a Teachers' Camp in Baguio City. However, the code defines two separate offenses: unauthorized cutting/removal, and possession without proper documents. (2) Aquino did not directly cut, gather, or remove the trees himself. He was tasked by CENRO to supervise implementation of a permit to cut 14 dead trees. The cut lumber was also used by the camp, not possessed by Aquino. (3) While Aquino may have been negligent in his duties, this does not meet the standards for prosecution under Section 68, which specifically pun

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    Aquino v. People of The Philippines

    Uploaded by

    Christine Caddauan
    74 views2 pages
    (1) Aquino was charged with violating Section 68 of the Revised Forestry Code for overseeing the cutting of pine trees at a Teachers' Camp in Baguio City. However, the code defines two separate offenses: unauthorized cutting/removal, and possession without proper documents. (2) Aquino did not directly cut, gather, or remove the trees himself. He was tasked by CENRO to supervise implementation of a permit to cut 14 dead trees. The cut lumber was also used by the camp, not possessed by Aquino. (3) While Aquino may have been negligent in his duties, this does not meet the standards for prosecution under Section 68, which specifically pun

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    5. Aquino v. People of the Philippines

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    (1) Aquino was charged with violating Section 68 of the Revised Forestry Code for overseeing the cutting of pine trees at a Teachers' Camp in Baguio City. However, the code defines two separate offenses: unauthorized cutting/removal, and possession without proper documents. (2) Aquino did not directly cut, gather, or remove the trees himself. He was tasked by CENRO to supervise implementation of a permit to cut 14 dead trees. The cut lumber was also used by the camp, not possessed by Aquino. (3) While Aquino may have been negligent in his duties, this does not meet the standards for prosecution under Section 68, which specifically pun

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views2 pages

    Aquino v. People of The Philippines

    Uploaded by

    Christine Caddauan
    (1) Aquino was charged with violating Section 68 of the Revised Forestry Code for overseeing the cutting of pine trees at a Teachers' Camp in Baguio City. However, the code defines two separate offenses: unauthorized cutting/removal, and possession without proper documents. (2) Aquino did not directly cut, gather, or remove the trees himself. He was tasked by CENRO to supervise implementation of a permit to cut 14 dead trees. The cut lumber was also used by the camp, not possessed by Aquino. (3) While Aquino may have been negligent in his duties, this does not meet the standards for prosecution under Section 68, which specifically pun

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    © All Rights Reserved
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    Download as docx, pdf, or txt
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    Aquino v. People of the Philippines G.R. No.

    165448, July 27, 2009, 594 SCRA 50

    Syllabus: There are two distinct and separate offenses punished under Section 68 of PD No. 705, to wit:
    (1) the cutting, gathering, collecting and removing of timber or other forest products from any forest
    land, or timber from alienable or disposable public land, or from private land without any authority; and
    (2) the possession of timber or other forest products without the legal documents required under
    existing laws and regulations. The provision clearly punishes anyone who shall cut, gather, collect or
    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. In this case, petitioner was charged by the
    CENRO to supervise the implementation of the permit. He was not the one who cut, gathered, collected
    or removed 185 ACCESS TO ENVIRONMENTAL JUSTICE: A SOURCEBOOK ON ENVIRONMENTAL RIGHTS
    AND LEGAL REMEDIES the pine trees within the contemplation of Section 68 of PD No. 705. He was not
    in possession of the cut trees because the lumber was used by Teachers’ Camp for repairs. Petitioner
    could not likewise be convicted of conspiracy to commit the offense because all his co-accused were
    acquitted of the charges against them.

    FACTS:

    Sergio Guzman sought for a permission with Department of Environment and Natural Resources
    (DENR) to chop down 14 dead Benguet pine trees within in the Teachers' Camp in Baguio City to be
    utilized for repairs.

    That before permission were obtained, a group comprised of personnel from the Community
    Environment and Natural Resources Office (CENRO) and Michael Cuteng, a grounds keeper, inspected
    the pines to still be chopped. Following that, the DENR granted a permit enabling the felling of 14 trees.

    The forest rangers later got data about unauthorized pine tree cut was going on at the Teachers'
    Camp. Ernesto Aquino, Santiago, and Cuteng were among those they encountered as they visited the
    place. Santiago was among the sawyers, while Aquino was in charge of the cutting.

    The forest rangers noticed that the number of trees removed had exceeded the permit's
    maximum. As a result, the forest rangers filed a case on everyone in the area for violating Section 68 of
    PD No. 705. The trial court found Aquino, Santiago, and Cuteng guilty while acquitting the others.

    The case was appealed by Aquino, Santiago, and Cuteng, and the Court ofAppeals upheld their
    decision.

    ISSUE:

    If petitioner Aquino is accountable of breaching Section 68 of the Revised Forestry Code since he
    oversaw the chopping of the pine trees.

    RULING:

    No, Aquino somehow doesn't violate Section 68 of the Revised Forestry Code.

    The Revised Forestry Code, Section 68, defines two unique and independent offenses: (1.)
    Lacking authority, cutting, collecting, gathering, and taking wood or even other forest products from
    every forested areas, or timber from immovable or disposable public land, or timber from private land;
    and (2.) ownership of timber or even other forest resources without such formal paperwork needed by
    forest land policies and guidelines.

    This abovementioned clause plainly indicates that all "penalizes anybody that unauthorized
    permission cuts, gathers, harvests, or removes timber or even other forest resources from whatever
    forest land, or lumber on immovable or disposable public property, or timber on private land."

    With in issue at hand, Aquino did not chop, harvest, collect, or remove the pine trees. He was
    simply the person assigned by the CENRO to oversee the permit's execution. He also wasn't the sole
    owner of the felled trees, even as lumber was utilized by Teachers' Camp.

    Whereas Aquino could be negligent on his responsibilities for failing to prevent cutts in chopping
    down of trees that allowed either by license, such circumstance could only hold him technically
    accountable. "It is insufficient to prosecute him on Section 68 of PD No. 705."

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