Possession of Lumber Can Be Considered Illegal Possession of Forest Products

G.R. No. 108619, July 31, 1997

Imagine a scenario: you’re transporting lumber, believing it’s a finished product, only to be charged with illegal possession of timber. This was the predicament Epifanio Lalican faced, raising a crucial question: Does the law distinguish between ‘lumber’ and ‘timber’ when it comes to illegal possession of forest products? This case clarifies that distinction, emphasizing the broad scope of forestry laws and the importance of proper documentation.

Understanding the Forestry Code: Timber, Lumber, and Forest Products

The Revised Forestry Code of the Philippines (Presidential Decree No. 705), as amended, aims to protect the country’s dwindling forest resources. Section 68 of this code is central to this case, penalizing the unauthorized cutting, gathering, or possession of “timber or other forest products.” But what exactly falls under these terms?

To understand the legal context, here are some key definitions:

• Timber: While not explicitly defined in the Revised Forestry Code, it is generally understood as wood that is standing or has been felled for use in construction or manufacturing.
• Lumber: Section 3(aa) of P.D. No. 705 defines a “Processing plant” as any mechanical set-up used for processing logs and other forest raw materials into lumber, veneer, plywood, or other finished wood products. This implies that lumber is a processed form of timber.
• Forest Products: Section 3(q) broadly defines “forest products” to include “timber, pulpwood, firewood, bark, tree tops and branches, resin, gum, wood oil, honey, beeswax, nipa, rattan, or other forest growth and their derivatives, such as gums, resins, and lacquers.”

The specific provision at the heart of this case, Sec. 68 of P.D. No. 705, as amended by Executive Order No. 277, states:

“SEC. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License.– Any person who shall cut, gather, collect, 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, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished…”

This section highlights two punishable acts: (1) unauthorized harvesting and (2) possession without required legal documents.

The Case of Epifanio Lalican: Lumber or Timber?

The story began in February 1991 when Epifanio Lalican and his co-accused were caught transporting 1,800 board feet of lumber. They were charged with violating Section 68 of P.D. No. 705 for illegal possession of forest products.

Lalican argued that the information should be quashed because Section 68 refers to “timber” and not “lumber.” He contended that lumber, being a finished product, falls outside the scope of the law. He also claimed the law was vague and violated his constitutional rights.

The case proceeded through the following stages:

• Initial Quashal: The Regional Trial Court initially sided with Lalican, quashing the information. The court reasoned that the law distinguishes between timber (a forest product) and lumber (a finished wood product).
• Prosecution’s Reconsideration: The prosecution argued that excluding lumber would create a loophole, allowing illegal loggers to easily circumvent the law by simply sawing timber into lumber. They also pointed out that Lalican’s documents were expired and inconsistent.
• Reversal of Quashal: A new judge reversed the previous order, stating that even if lumber isn’t timber, it’s still a forest product. Possession without legal documents is prohibited under the law.

The Supreme Court ultimately sided with the prosecution, emphasizing the intent of the law to protect forest resources. The Court quoted Mustang Lumber, Inc. v. Court of Appeals, stating that “lumber is a processed log or processed forest raw material.”

The Court emphasized the legislative intent behind the law, quoting the reasons for enacting Executive Order No. 277:

“WHEREAS, there is an urgency to conserve the remaining forest resources of the country for the benefit and welfare of the present and future generations of Filipinos;

WHEREAS, our forest resources may be effectively conserved and protected through the vigilant enforcement and implementation of our forestry laws, rules and regulations;”

The Supreme Court further reasoned:

“To exclude possession of ‘lumber’ from the acts penalized in Sec. 68 would certainly emasculate the law itself. A law should not be so construed as to allow the doing of an act which is prohibited by law…”

The Court dismissed Lalican’s petition, finding no grave abuse of discretion by the lower court.

Key Takeaways: Practical Implications of the Lalican Ruling

This case provides valuable guidance for anyone involved in the forestry industry or dealing with wood products.

• Broad Interpretation: The term “forest products” is interpreted broadly to include lumber, even though it’s a processed product.
• Importance of Documentation: Possessing lumber without the required legal documents is a violation of Section 68 of P.D. No. 705.
• Legislative Intent: Courts will consider the intent of the law, which in this case, is to protect forest resources and prevent illegal logging.

Key Lessons:

• Always ensure you have the necessary permits and documentation for possessing and transporting lumber or any other forest product.
• Be aware of the source of your lumber and verify its legality.
• Stay updated on forestry laws and regulations to ensure compliance.

Frequently Asked Questions (FAQs)

Q: What documents are required for legally possessing lumber?

A: The specific documents required may vary depending on the source of the lumber and the regulations in place. Generally, you may need a Private Land Timber Permit (if sourced from private land), a Certificate of Origin, transport agreements, lumber sale invoices, tally sheets, and delivery receipts.

Q: Does this ruling mean I can never transport lumber without being suspected of illegal possession?

A: No. As long as you have the proper documentation to prove the legal source and ownership of the lumber, you are within the bounds of the law.

Q: What if I unknowingly purchased illegally sourced lumber? Am I still liable?

A: Possession of illegally sourced lumber, even unknowingly, can still lead to charges. Due diligence in verifying the source of the lumber is crucial.

Q: What are the penalties for violating Section 68 of P.D. No. 705?

A: The penalties are based on Articles 309 and 310 of the Revised Penal Code, which relate to theft. Penalties can range from imprisonment to fines, depending on the value of the timber or forest products involved. The illegally possessed items will also be confiscated.

Q: How can I verify the legality of a lumber supplier?

A: You can check with the Department of Environment and Natural Resources (DENR) to verify the permits and licenses of lumber suppliers.

Q: Is there a difference in the requirements for possessing lumber sourced from private land versus public land?

A: Yes, there are different requirements. Lumber sourced from private land typically requires a Private Land Timber Permit, while lumber from public land requires different permits and licenses from the DENR.

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