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J.people of The Philippines v. Que

Que was transporting lumber that was inserted between coconut slabs in his truck. He failed to provide the required legal documents to transport forest products, only having a certification for the coconut slabs. The issues were whether forest laws require documents for transporting timber products and if possessing illegal forest products requires proving the source was legal. The court ruled that forest laws and regulations refer to those existing at the time of possession, not enactment. Administrative Order 59 specifies documents needed like Certificates of Origin. Mere possession of forest products without proper documents is illegal under EO 277, regardless of the source being legal.

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Benedicto Pintor
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35 views2 pages

J.people of The Philippines v. Que

Que was transporting lumber that was inserted between coconut slabs in his truck. He failed to provide the required legal documents to transport forest products, only having a certification for the coconut slabs. The issues were whether forest laws require documents for transporting timber products and if possessing illegal forest products requires proving the source was legal. The court ruled that forest laws and regulations refer to those existing at the time of possession, not enactment. Administrative Order 59 specifies documents needed like Certificates of Origin. Mere possession of forest products without proper documents is illegal under EO 277, regardless of the source being legal.

Uploaded by

Benedicto Pintor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PEOPLE OF THE PHILIPPINES v.

QUE

G.R. No. 120365, December 17, 1996

FACTS
The Provincial Task Force on illegal logging received information that a ten-wheeler
truck with illegally cut lumber will pass through Ilocos Norte. Que’s truck was spotted
and discovered to contain cocounut slabs with sawn lumber inserted in between. He
failed to give the cargo’s supporting documents: (1) certificate of lumber origin, (2)
certificate of transport agreement, (3) auxiliary invoice, (4) receipt from the DENR, and
(5) certification from the forest ranger regarding the origin of the coconut slabs. All he
could show was a certification 7 from the Community Environment and Natural
Resources Office (CENRO), Sanchez Mira, Cagayan that he legally acquired the
coconut slabs.

ISSUES
Whether there are no existing forest laws and regulations which required certain legal
documents for possession of timber and other forest products.
Whether the law only penalizes possession of illegal forest products and that the
possessor cannot be held liable if he proves that the cutting, gathering, collecting or
removal of such forest products is legal.

RULING
No, appellant interprets the phrase “existing forest laws and regulations” to refer to
those laws and regulations which were already in effect at the time of the enactment of
E.O. 277. However, the suggested interpretation is strained and would render the law
inutile. The phrase should be construed to refer to laws and regulations existing at the
time of possession of timber or other forest products.
DENR Administrative Order No. 59 series of 1993 specifies the documents required for
the transport of timber and other forest products. Section 3 of the Administrative Order
provides that the movement of logs, lumber, non-timber forest products and wood-
based or wood based shall be covered with the appropriate Certificates of Origin. The
transport of lumber shall be accompanied by CLO (Certificate of Lumber Origin).
No, because there are 2 distinct and separate offenses punished under Section 68 of
P.D. 705. In the first offense, one can raise as a defense the legality of the acts of
cutting, gathering, collecting or removing timber or other forest products by presenting
the authorization issued by the DENR. In the second offense, however, mere
possession of forest products without the proper documents consummates the crime.
Whether or not the lumber comes from a legal source is immaterial because E.O 277
considers the mere possession of timber or other forest products without the proper
legal documents as malum prohibitum.

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