This simply means that lumber is a processed log or processed forest raw

This simply means that lumber is a processed log or

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This simply means that lumber is a processed log or processed forest raw material. Clearly, the Code uses the term lumber in its ordinary or common usage. In the 1993 copyright edition of Webster’s Third New International Dictionary, lumber is defined, inter alia , as “timber or logs after being prepared for the market.” 32 Simply put, lumber is a processed log or timber. It is settled that in the absence of legislative intent to the contrary, words and phrases used in a statute
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should be given their plain, ordinary, and common usage meaning. 33 And insofar as possession of timber without the required legal documents is concerned, Section 68 of P.D. No. 705, as _______________ 32 Page 1345. 33 RUBEN E. AGPALO, Statutory Construction , Second ed. [1990], 131. 449 VOL. 257, JUNE 18, 1996 449 Mustang Lumber, Inc. vs. Court of Appeals amended, makes no distinction between raw or processed timber. Neither should we. Ubi lex non distinguit nec nos distinguere debemus. Indisputably, respondent Judge Teresita Dizon- Capulong of Branch 172 of the RTC of Valenzuela, Metro Manila, committed grave abuse of discretion in granting the motion to quash the information in the CRIMINAL CASE and in dismissing the said case. G.R. No. 104988 We find this petition to be without merit. The petitioner has miserably failed to show that the Court of Appeals committed any reversible error in its assailed decision of 29 November 1991. It was duly established that on 1 April 1990, the petitioner’s truck with Plate No. CCK-322 was coming out from the petitioner’s lumberyard loaded with lauan and almaciga lumber of different sizes and dimensions which were not accompanied with the required invoices and transport documents. The seizure of such truck and its cargo was a valid exercise of the power vested upon a forest officer or employee by Section 80 of P.D. No. 705, as amended by P.D. No. 1775. Then, too, as correctly held by the trial court and the Court of Appeals in the FIRST CIVIL CASE, the search was conducted on a moving vehicle. Such a search could be lawfully conducted without a search warrant. Search of a moving vehicle is one of the five doctrinally accepted exceptions to the constitutional mandate 34 that no _______________ 34 Section 2, Article III of the Constitution, which reads: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particu- 450 450 SUPREME COURT REPORTS ANNOTATED Mustang Lumber, Inc. vs. Court of Appeals search or seizure shall be made except by virtue of a warrant issued by a judge after personally determining the existence of probable cause. The other exceptions are: (1) search as an incident to a lawful arrest, (2) seizure of evidence in plain view, (3) customs searches, and (4) consented warrantless search.
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  • Fall '19
  • Fourth Amendment to the United States Constitution, 1990

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