Question:

Kamal is an owner-driver of a truck. He entered a contract with Asnairah to deliver logs of Narra
tree from Ramain Ditsaan to Marawi on October 22, 2017. Kamal proceeded with the delivery as
scheduled. However, as the police check point Commanding Officer Janisah in Marawi found it, Kamal’s
permit were all falsified. Janisah immediately ordered the arrest of Kamal and filed a complaint before
Fiscal Moshera against Asnairah for violation of Sec. 68 P.D. 705 otherwise known as the Forestry Code
of the Philippines. Pending the resolution of the complaint in the Office of Provincial Prosecutor
Mosherah, Asnairah filed a complaint for replevin praying for the return of her Narra Logs. If you were
the Judge, will you grant the replevin?

Answer:

If I were the judge, I will not grant the petition for replevin. Under Section 68-A of P.D. 705, it
says that confiscated forest products, which are illegally cut, gathered, removed, or possessed or
abandoned, that are lawfully taken by virtue of legal process is deemed to be in custodia legis and is
beyond the reach of replevin. Here, the Narra logs where collected in violation of P.D. 705, and the
documents were all falsified, which constitutes fraud, legalizes the apprehension and arrest of Kamal.
Hence, the apprehension of Narra Logs is legal and, therefore beyond the reach of replevin.