[G.R. No. 152989. September 4, 2002] ROLDAN, JR. vs. HON. MADRONA, et al.

THIRD DIVISION Gentlemen: Quoted hereunder, for your information, is a resolution of this Court dated 04 SEPT 2002. G.R. No. 152989 (Manuel Jorge Roldan, Jr. vs. Hon. Fortunito L. Madrona Pairing Judge, RTC Branch 12, Ormoc City and Hon. Alberto L. Conopio, City Prosecutor, Ormoc City, ATTY. FIEL MARMITA, OIC, DENR-CENRO, Albuera, Leyte.) At bar is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure. Herein petitioner is the owner of a parcel of land consisting of about 60,000 square meters covered by Transfer Certificate of Title No. TP-331 which he bought from a certain Ildefonso O. Maglasang. On August 9, 2001, petitioner applied for a Private Land Timber Permit (PLTP) from the Department of Environment and Natural Resources for him to cut some trees for a proposed road and poultry farm in his property. He also paid all the fees required by the various government agencies. While waiting for the permit to be issued, petitioner was allegedly informed by some employees from the Department of Environment and Natural Resources (DENR) that he could proceed with the cutting of trees even though his application was still awaiting approval. Consequently, petitioner proceeded with the cutting of trees and bulldozing of the roadway. He used the cut logs as materials to build his chicken cages. About three weeks later, representatives of the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources and personnel from the Intelligence Service, Armed Forces of the Philippines (ISAFP) of Tacloban City raided petitioners place, allegedly without a search warrant. An inventory of the cut trees was conducted. The logs were not confiscated but were entrusted to a barangay kagawad since there was allegedly no search warrant at that time. About two days later, the CENRO representatives came back with members of the media and ISAFP charging illegal logging but they failed to get the logs, again for alleged lack of search warrant. Several days thereafter, the CENRO group and ISAFP returned, this time armed with a search warrant and proceeded to confiscate 872 pieces of sawn

lumber/flitches (8,506 board feet) and three felled timber logs with a total market value of P235,454.68 at P27.00 per board foot. Consequently, on September 21, 2001, a complaint for violation of Section 68 of PD 705 as amended was filed against herein petitioner by CENRO before the City Prosecutor of Ormoc City. Thereafter, the City Prosecutor issued a resolution dated November 16, 2001 finding probable cause to convict petitioner for violation of Section 68 of PD 705 as amended. A motion for reconsideration proved futile for, as it turned out, the information had already been filed in court. Jurisdiction over the case was transferred to the regional trial court, also a public respondent in this case. A warrant for the arrest of petitioner was then issued by the court a quo. In view thereof, herein petitioner filed with the trial court a motion for judicial determination of probable cause and the recall of his warrant of arrest. After hearing the said motion, public respondent Judge Fortunito L. Madrona, in an order dated February 15, 2000 denied the motion but reduced the recommended bail of petitioner. Hence, the instant petition. Before us, petitioner raises the following issues: (1) whether the owner of a private land, the petitioner in this case, is criminally liable under Section 68 of PD 705 for cutting trees within his own property; (2) whether the owner of the private property is administratively liable under Sec. 14 of DENR Administrative Order No. 2000-21 despite the fact that he did not transport the logs out of his property and just used them for his own agricultural purposes therein and (3) whether the logs confiscated by the DENR should be returned to the petitioner considering that the same were not transportErris ct :sz w:val="27"/