Syllabus: There are two distinct and separate offenses punished under Section 68 of PD No. 705, to wit: (1) the cutting, gathering, collecting and removing of timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land without any authority; and (2) the possession of timber or other forest products without the legal documents required under existing laws and regulations. The provision clearly punishes anyone who shall cut, gather, collect or 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. In this case, petitioner was charged by the CENRO to supervise the implementation of the permit. He was not the one who cut, gathered, collected or removedthe pine trees within the contemplation of Section 68 of PD No. 705. He was not in possession of the cut trees because the lumber was used by Teachers’ Camp for repairs. Petitioner could not likewise be convicted of conspiracy to commit the offense because all his co- accused were acquitted of the charges against them. Facts: Sergio Guzman applied for a permit with the Department of Environment and Natural Resources (DENR) to cut down 14 dead Benguet pine trees within the Teachers’ Camp in Baguio City to be used for the repairs in Teachers’ Camp. Before the permit was issued, a team composed of members from the Community Environment and Natural Resources Office (CENRO) and Michael Cuteng, a forest ranger, conducted an inspection of the trees to be cut. Afterwards, the DENR issued a permit allowing the cutting of 14 trees. Sometime after, certain forest rangers received information that unauthorized cutting of pine trees were taking place at the Teachers’ Camp. When they visited the site, they found, among others, Ernesto Aquino, Santiago, and Cuteng. Santiago was one of the sawyers and Aquino was the one appointed to supervise the cutting. The forest rangers discovered that the trees cut were beyond the number allowed by the permit. Consequently, the forest rangers filed a case against all those present in the site for violation of Section 68 of PD No. 705. The trial court decided to convict Aquino, Santiago and Cuteng and acquitted the others. When Aquino, Santiago and Cuteng appealed the case, the Court of Appeals affirmed the judgment only as to Aquino. Therefore, Santiago and Cuteng were acquitted from the charge. Aquino appealed with the Supreme Court. Issue: Whether petitioner Aquino, who supervised the cutting of the pine trees, is guilty of violating Section 68 of the Revised Forestry Code. Ruling: No. Aquino is not guilty of violating Section 68 of the Revised Forestry Code. Section 68 of the Revised Forestry Code provides two distinct and separate offenses: (a) 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 authority; and (b) Possession of timber or other forest products without the legal documents required under existing forest laws and regulations. The aforesaid provision clearly states that it “punishes anyone who shall cut, gather, collect or 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.” In the case at bar, Aquino was not the one who cut, gathered, collected or removed the pine trees. He was merely the person charged by the CENRO to supervise the implementation of the permit. He was also not the one in possession of the cut trees because the lumber was used by Teachers’ Camp. Although Aquino may have been remiss in his duties when he failed to restrain the sawyers from cutting trees more than what was covered by the permit, this fact could only make him administratively liable. “It is not enough to convict him under Section 68 of PD No. 705.”
Kevan Berkovitz, a Minor, by His Parents and Natural Guardians, Arthur Berkovitz, His Wife, Donna Berkovitz, and Arthur Berkovitz and Donna Berkovitz, in Their Own Right v. United States, 858 F.2d 122, 3rd Cir. (1988)