This case has been cited 1 times or more.
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2009-04-16 |
CARPIO, J. |
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| (1) Cutting, gathering, collecting and removing 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) Possession of timber or other forest products without the legal documents required under existing forest laws and regulations.[16] As the Court held in People v. Que,[17] 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, it is immaterial whether the cutting, gathering, collecting and removal of the forest products are legal or not. 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 the Forestry Code is a special law which considers mere possession of timber or other forest products without the proper documentation as malum prohibitum. | |||||