22 Factroan vs CA.docx - Facts August 9 1988 Two police officers of Marikina Police Station Sub-Station III intercepted a six-wheeler truck carrying

22 Factroan vs CA.docx - Facts August 9 1988 Two police...

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Facts: August 9, 1988 - Two police officers of Marikina Police Station, Sub-Station III, intercepted a six-wheeler truck carrying 4,000 board feet of narra lumber as it was cruising along Marcos Highway. They apprehended the truck driver, private respondent Jesus Sy, and brought the truck and its cargo to the Personnel Investigation Committee/Special Actions and Investigation Division (PIC/SAID) of DENR Office in Quezon City. There, petitioner Atty. Vicente Robles of the PIC/SAID investigated them, and discovered the discrepancies in the documentation of the narra lumber. What were declared in the documents were narra flitches, while the cargo of the truck consisted of narra lumber. In the documents, the plate numbers of the truck supposed to carry the cargo bear the numbers BAX-404, PEC-492 or NSN-267, while the plate of the truck apprehended is NVT- 881. Considering that the cargo is lumber, the transport should have been accompanied by a Certificate of Lumber Origin, scale sheet of said lumber and not by a Certificate of Timber Origin. The Log Sale Purchase Agreement presented is between DSM Golden Cup International as the Seller and Bonamy Enterprises as the buyer/consignee and not with Lily Francisco Lumber Hardware. These are in violation of Bureau of Forestry Development (BFD) Circular No. 10 which requires possession or
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transportation of lumber to be supported by the following documents: 1. Certificate of Lumber Origin (CLO) which shall be issued only by the District Forester, or in his absence, the Assistant District Forester; 2. Sales Invoice; 3. Delivery Receipt; and 4. Tally Sheets. Such omission is punishable under Sec. 68 of Presidential Decree (P.D.) No. 705. Thus, petitioner Atty. Robles issued a temporary seizure order and seizure receipt for the narra lumber and the six- wheeler truck. January 20, 1989 - Petitioner Fulgencio S. Factoran, then Secretary of Environment and Natural Resources issued an order for the confiscation of the narra lumber and the six- wheeler truck. Private respondents neither asked for reconsideration of nor appealed the said order to the Office of the President. Consequently, the narra lumber and six-wheeler truck were forfeited in favor of the government and were later on advertised to be sold at a public auction on March 20, 1989. RTC: March 17, 1989 - private respondents filed a complaint with prayer for the issuance of the writs of replevin and preliminary injunction and/or temporary restraining order for the recovery of the confiscated items, and to enjoin the panned auction sale of the subject narra lumber, respectively.
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RTC issued an order directing the parties to desist from
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