LOEONARDO A. PAAT vs.

COURT OF APPEALS
TORRES, JR., J.: G.R. No. 111107 January 10, 1997

Facts: The truck of private respondent was seized and confiscated by the DENR because the driver could not produce the
required documents for the forest product found concealed in the truck. Private respondents filed before the court a suit for
replevin (recovery of personal property) despite the pending administrative resolution. He contended that the DENR had no legal
authority to seize the items and said that the authority lies on the court as provided for in Section 68 of PD 705 as amended by
Executive Order 277.

Issue:

1. Without violating the principle of exhaustion of administrative remedies, and action for replevin purpose to recover a
movable property which is the subject of an administrative forfeiture proceeding in the DENR pursuant to Section 68
of PD 705 as amended entitled Revised Forestry Code of the Philippines.
2. Are the secretary of DNR and his representatives empowered to confiscate and forfeit conveyances used in transporting
illegal forest products in favor of the government.

Held:

No, before a party is allowed to seek the intervention of the court, it is precondition that he should have availed of all the means
of administrative processes for them. Hence, if a remedy within the administrative machinery can still be resorted to by giving the
administrative officer concerned every opportunity to decide on the matter that comes within his jurisdiction then such remedy
should be exhausted first before the court’s judicial power can be sought. The premature invocation of court’s intervention is fatal
to one's cause of action.

Yes. The foregoing provision of section 688 of PD705 as amended clearly state that the secretary and his truly authorized
representatives are given the authority to confiscate and forfeit any conveyances utilize in violating the code or other forest laws,
rules and regulations. The phrase “to dispose of the same” is broad enough to cover the act of forfeiting conveniences in favor of
the government. The only limitation is that it should be made in accordance with pertinent laws, regulations or policies on the
matter.