G.R. No. 241872 . October 13, 2021
MARK ANTHONY NIETO AND FILEMON VICENTE, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioners Mark Anthony Nieto and Filemon Vicente were charged with violating Section 68 (now Section 77) of the Revised Forestry Code. The Information alleged that on July 15, 2012, in Laoag City, they conspired to possess and transport 409 pieces of Tanguile and White Lauan and 154 pieces of coco lumber, with a total value of PhP 416,298.00 and PhP 26,104.00 respectively, without the required legal documents, using a Fuso ten-wheeler truck. The prosecution evidence showed that police officers, acting on a tip, flagged down a truck matching a given description at a checkpoint. The driver, Vicente, and helper, Nieto, were unable to present proper documentation for the forest products, leading to their apprehension and an inventory by CENRO officers. The defense claimed Vicente was merely hired by a neighbor, Norma Diza, to drive the truck from Cagayan, was unaware of the cargo’s illegality, and that Diza, who had the documents, alighted before the checkpoint. Nieto did not testify, claiming he would only corroborate Vicente’s account. The Regional Trial Court found them guilty, a decision affirmed by the Court of Appeals.

ISSUE

Whether the Court of Appeals committed reversible error in affirming the conviction of the petitioners for violation of Section 68 (now Section 77) of the Revised Forestry Code.

RULING

The Supreme Court denied the petition and affirmed the conviction. The offense of illegal possession of timber or other forest products is malum prohibitum, where criminal intent is not an essential element; however, the prosecution must prove the animus possidendi or intent to possess, which may be inferred from prior or contemporaneous acts and surrounding circumstances. The factual findings of the RTC, as affirmed by the CA, are accorded finality. The Court held that petitioners were in constructive possession of the forest products without the requisite legal documents, as Vicente was driving and Nieto was accompanying the loaded truck. Their lack of knowledge of the illegality or claim of being mere hired hands is inconsequential, as mere possession without proper documentation consummates the crime. The alleged discrepancies in the lumber inventory were sufficiently explained by the natural deterioration of the lumber over time and did not affect the core finding of illegal possession. The penalty imposed by the RTC was modified in light of recent jurisprudence and Republic Act No. 10951 , resulting in an indeterminate penalty of six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum.