Authority of Zamboanga Special Economic Zone Authority to Utilize the Felled Logs and Dead Trees within Its Jurisdiction

DOJ OPINION NO. 017, s. 2006 January 23, 2006 Hon. Georgina P. Yu Chairman and Administrator Zamboanga Special Economic Zone Authority San Ramon, Zamboanga City Dear Chairman and Administrator Yu : This has reference to your letter dated December 9, 2005, requesting for confirmation of your opinion that the Zamboanga Special Economic Zone Authority (ZAMBOECOZONE) has authority to utilize the felled logs and standing dead trees, discovered inside the area of jurisdiction of ZAMBOECOZONE. You stated that felled logs were discovered within Kilometer 23 to 28 by ZAMBOECOZONE Authority officials, assisted by forest guards, during the conduct of foot patrols; that ZAMBOECOZONE Authority, assuming jurisdiction over the area, utilized the felled logs for eco-tourism projects in its field office and activity center located at the Agro-Tourism Park, Kilometer 21. It is your view that the ZAMBOECOZONE Authority, having jurisdiction over the area, equivalent to ownership and possession, has the power to utilize the felled logs and, other standing dead trees discovered within the area of jurisdiction of ZAMBOECOZONE, in order to achieve its purposes provided for under Republic Act No. 7903. 1 Hence, you now seek confirmation of your opinion from this Department. In giving our confirmatory opinion on the subject matter, we assume that the factual representations made in the request submitted are true, correct and accurate. We concur with you that the ZAMBOECOZONE has the authority over the felled logs and other standing dead trees discovered within its jurisdiction. Section 7 of R.A. No. 7903 provides that: SEC. 7. Powers and Functions of the ZAMBOECOZONE Authority . The ZAMBOECOZONE Authority shall have the following functions: xxx xxx xxx (k) To adopt, alter and use a corporate seal; make contracts, lease, own or otherwise dispose of personal or real property ; sue; and otherwise carry out its functions and duties as provided for in this Act; and cITaCS xxx xxx xxx Further, Section 17 of the Implementing Rules and Regulations of R.A. No. 7903 provides, to wit: Sec. 17. Responsibilities of the AUTHORITY . The AUTHORITY shall, among other things, have the following responsibilities: a. The AUTHORITY shall exercise exclusive authority and jurisdiction over all matters and activities within the ZAMBOECOZONE ; b. . . . c. . . . d. The AUTHORITY shall have the authority to exclude from the ZAMBOECOZONE any article, substance, merchandise, operation, activity or process it considers to be inconsistent with the policies of these Rules or inimical to the public interest, and to establish procedures for such exclusion; xxx xxx xxx ( emphasis supplied ) Clearly, the subject felled logs and dead trees discovered and found within the jurisdiction of the ZAMBOECOZONE belong to the exclusive authority, equivalent to ownership and possession, of the ZAMBOECOZONE Authority. Moreover, Section 18 2 of the same Implementing Rules and Regulation provides that "(T)he AUTHORITY shall take all measures necessary to secure the best use of its properties within the ZAMBOECOZONE. . . .". Hence, inasmuch as the subject felled logs were discovered within the jurisdiction of the ZAMBOECOZONE, then the Authority has the power and authority to utilize the same for eco-tourism projects in its field office and activity center, if the Authority considers that is the best way to use the discovered subject felled logs. It is a cardinal rule of statutory construction that when the words and phrases of the statute are clear and unequivocal, the meaning thereof must be determined from the language, used and the statute must be taken to mean exactly what it says. 3 Hence, when the law speaks in clear and categorical language, there is no room for interpretation. There is only room for application. 4 Very truly yours, (SGD.) RAUL M. GONZALEZ Secretary Footnotes 1. Entitled: " An Act Creating a Special Economic Zone and Free Port in the City of Zamboanga Creating for this Purpose the Zamboanga City Special Economic Zone Authority, Appropriating Funds Therefor, and for Other Purposes ." 2. Sec. 18. Best Use of AUTHORITY Properties . 3. Baranda vs. Gustillo , 165 SCRA 757. 4. Cebu Portland Cement Co. vs. Municipality of Naga , G.R. No. 24116, August 22 1968, 24 SCRA 708.