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    Jurisprudence On Forestry

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    MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS. Court explained that tree registration is required in DENR MC 99-20. Registration would facilitate transporting these timbers as per DENR ME 97-09.

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    Jurisprudence On Forestry

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    Anonymous zuizPM
    107 views2 pages
    MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS. Court explained that tree registration is required in DENR MC 99-20. Registration would facilitate transporting these timbers as per DENR ME 97-09.

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    Jurisprudence on Forestry

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    MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS. Court explained that tree registration is required in DENR MC 99-20. Registration would facilitate transporting these timbers as per DENR ME 97-09.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    107 views2 pages

    Jurisprudence On Forestry

    Uploaded by

    Anonymous zuizPM
    MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS. Court explained that tree registration is required in DENR MC 99-20. Registration would facilitate transporting these timbers as per DENR ME 97-09.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    In MUSTANG LUMBER, INC., Petitioner, vs. HON. COURT OF APPEALS, HON. FULGENCIO S. FACTORAN, JR.

    , Secretary, Department of Environment and Natural Resources (DENR), and ATTY. VINCENT A. ROBLES, Chief, Special Actions and Investigation Division, DENR, Respondents, the court explained that Tree registration is required in DENR MC 99-20 and would facilitate transporting these timbers as per DENR ME 97-09. It referred to Section 3.2 of DENR Administrative Order No. 19, series of 1989
    Tree registration is required in DENR MC 99-20 and would facilitate transporting these timbers as per DENR ME 97-09. The requirements are:

    1) Letter of intent. 2) Photocopy of either Certificate of Land Ownership Award, Land Title, or Tax Declaration of untitled A&D lands with pending application for titling.

    3) Certification of tree plantation ownership from the Barangay Captain or Municipal Mayor. 4) In cases where the tree planter/applicant isnt the sole owner of the land, an authorization to do so from his/her co-owner shall be secured.

    DENR Administrative Order No. 58 series of 1993 Sec 266 National Internal Revenue Code xxx in the absence of such registration [Sec 1829 of Administrative Code], the owner who desires to cut, gather and remove timber and the other forest products from said private lands without license shall be considered as unlawful cutting, gathering and removing of forest products from public forest and shall be subject to charges prescribed in such cases in this chapter xxx PP vs Segovia, 103 Phil 1162 (1958); PP vs Abad, 165 SCRA 57 (1998) xxx The elements of the crime of qualified theft of logs are: 1. That the accused cut, gathered, collected or removed timber or other forest products; 2. That the timber or other forest products cut, gathered, collected or removed belongs to the government or to any private individual; and 3. That the cutting, gathering, collecting or removing was without authority under a license agreement, lease, license, or permit granted by the State xxx Santiago vs Basilan Company, 9 SCRA 349 (1963) xxx while it is admitted that the plaintiff has failed to register the timber in his land mas private woodland in accordance with the off-repeated provision of the Revised administrative Code, he still retained his rights of ownership, among which are his rights to the fruits of the land

    and to exclude any person from the enjoyment and disposal thereof (Art. 429 New Civil Code) the very rights violated by the defendant Basilan Lumber Company xxx In the absence of Certificate of Timber Origin (in case of timber or other forest products) and Certificate of Lumber Origin (in case of lumber) accompanying the transport, possession or shipment, it is presumed that said timber, forest product or lumber being transported, possessed or shipped came from illegal source. [BFD Circular No. 8 (1983); DENR Administrative Order No. 34 (1988); DENR Administrative Order No. 96 (1989)] Offenders and/or persons ;liable and subject to arrest with warrant or in instances without warrant, with respect ot acts punishable under Section 68 of PD 705, as amended by EO 277, series of 1987, are: 1. the cutter; 2. the gatherer; 3. the collector; 4. the receiver; and 5. the possessor or any persons who appear to be responsible to the commission of the offense. In case of partnerships, association, or corporation, the officer who orders the cutting, gathering, collection, or possession shall be subject to arrest.

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