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PD 705 Case

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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.

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