01 Denr V Daraman Case Digest 3swu

01. DENR v. Daraman, G.R. No. 125797, February 15, 2002 Facts: Gregorio Daraman is the driver of St. Jude with Plate No. HAJ-848 owned by Narciso Lucenecio of the Holy Cross Funeral Services, transporting lumber of assorted sizes and wood shavings owned by a certain Asan. When Pablo Opinion, a Forest Ranger of DENR asked Daraman for some papers of the assorted lumber, he replied none because they were not his. Opinion then took hold the vehicle and the assorted lumber, took a photograph of it and issued a seizure receipt. Issue: Whether or not the vehicle transporting lumber without papers can be confiscated by DENR even if the vehicle’s owner is not the owner of the lumber and not criminally liable for violating Section 68 of Presidential Decree No. 705 as amended. Ruling: Yes, it can be confiscated. Section 68-A, Presidential Decree No. 705 as amended provides in part that “the Department Head or his duly authorized representative, may order the confiscation of any forest products illegally cut, gathered, removed, or possessed or abandoned, and all conveyances used either by land, water or air in the commission of the offense…” Here, the implementing guidelines of Section 68-A define conveyance in a manner that includes any type or class of vehicle or any mode of transport used in the movement of any forest product. The guilt or the innocence of the accused in the criminal case is immaterial, because what is punished under Section 68 is the transportation, movement or conveyance of forest products without legal documents. The DENR secretary or the authorized representatives do not possess criminal jurisdiction. Hence, we cannot expect the DENR to rule on the criminal liability of the accused before it impounds such vehicles.