Section 68 of Presidential Decree No. 705 penalizes two offenses: 1) cutting, gathering, collecting, or removing timber or forest products from forest lands, alienable public lands, or private lands without authorization; and 2) possession of timber or forest products without required legal documents. The court case involved petitioners charged with the second offense of possessing forest products without proper documents, which is completed merely by possessing such products without documentation.
Section 68 of Presidential Decree No. 705 penalizes two offenses: 1) cutting, gathering, collecting, or removing timber or forest products from forest lands, alienable public lands, or private lands without authorization; and 2) possession of timber or forest products without required legal documents. The court case involved petitioners charged with the second offense of possessing forest products without proper documents, which is completed merely by possessing such products without documentation.
Section 68 of Presidential Decree No. 705 penalizes two offenses: 1) cutting, gathering, collecting, or removing timber or forest products from forest lands, alienable public lands, or private lands without authorization; and 2) possession of timber or forest products without required legal documents. The court case involved petitioners charged with the second offense of possessing forest products without proper documents, which is completed merely by possessing such products without documentation.
Section 68 of Presidential Decree No. 705 penalizes two offenses: 1) cutting, gathering, collecting, or removing timber or forest products from forest lands, alienable public lands, or private lands without authorization; and 2) possession of timber or forest products without required legal documents. The court case involved petitioners charged with the second offense of possessing forest products without proper documents, which is completed merely by possessing such products without documentation.
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Villarin, et al. vs. People, G.R. No.
175289, August 31, 2011
Two Offenses Penalized Under Sec. 68
of Presidential Decree No. 705.
Section 68 of P.D. No. 705, as amended, provides:
Section 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 legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, that in the case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
There are two distinct and separate offenses punished under Section 68 of P.D. No. 705, to wit:
(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 authorization; and
(2) Possession of timber or other forest products without the legal
documents required under existing forest laws and regulations.[45]
The Information charged petitioners with the second offense which is
consummated by the mere possession of forest products without the proper documents.