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P.D. 705 Violation: People v. Que

Que was transporting lumber without proper documents and was found guilty of violating forest protection laws. He argued that the regulating body failed to provide guidelines on transport documents. The court upheld the guilty verdict, finding that existing regulations at the time, including an administrative order, outlined the necessary transport documents.

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Nikki Andrade
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127 views1 page

P.D. 705 Violation: People v. Que

Que was transporting lumber without proper documents and was found guilty of violating forest protection laws. He argued that the regulating body failed to provide guidelines on transport documents. The court upheld the guilty verdict, finding that existing regulations at the time, including an administrative order, outlined the necessary transport documents.

Uploaded by

Nikki Andrade
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

PEOPLE V.

QUE
FACTS:
Provincial task force officers found Que transporting
lumber loaded in his truck along Marcos Highway. Que was
asked of the documents required in transporting lumber but was
not able to provide these documents. Que was found guilty in
violation of Sec. 68 of P.D. 705, as amended by E.O. No. 277
and was sentenced to suffer the penalty of reclusion perpetua.
Sec. 68 of P.D. 705 provides penalty for the illegal cutting as
well as possession of forest products including lumber. Hence,
this petition. Petitioner argues that DENR, the regulating body,
did not provide any guidelines nor list of documents required in
the transportation of lumber. His goods were also seized illegally
without provided a search warrant.
ISSUE:
WON E.O. No. 277 contains the necessary rules and regulations
for the transport of lumber.
HELD:
YES. The phrase existing forest laws and regulations refers to
the law in effect at the time of the enactment of E.O. 277.
Petitioners interpretation that no existing forest laws and
regulations puts the statute under fire. Statutory Construction
should not kill but give life to the law. The phrase should be
construed to refer to laws and regulations existing at the time of
the possession of timber or other forest products. DENR has a
pre-existing order, Administrative Order No. 59 of 1993 specify
the documents required for the transport of timber and other
forest products. It is clear, therefore that the accused was well
aware of the documents needed for the legal transport of
lumber.

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