SPECIAL SECOND DIVISION
[G.R. No. 251636. November 28, 2022.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ORLANDO CONSTANTINO, ANTONIO ALEGADO, ROMEO CABILES, LUZVIMINDA CABILES, LENETO BONOCAN, ARTURO L. NUEVA, NORMA C. LUPAS, MERCY B. GALABIN, LUZVIMINDA DIAPOLET, CLARA RAMIREZ, and ELVIE ARCEBAR, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a Resolution datedNovember 28, 2022which reads as follows:
"G.R. No. 251636 (People of the Philippines v. Orlando Constantino, Antonio Alegado, Romeo Cabiles, Luzviminda Cabiles, Leneto Bonocan, Arturo L. Nueva, Norma C. Lupas, Mercy B. Galabin, Luzviminda Diapolet, Clara Ramirez, and Elvie Arcebar). — The Court resolves to DENY with FINALITY the motion for reconsideration as the basic issues have been passed upon and there being no substantial argument raised as to warrant a reversal of the Court's ruling.
Section 2, Rule 9 of the Rules of Procedure for Environmental Cases specifically provides that "[a]n information, charging a person with a violation of an environmental law and subscribed by the prosecutor, shall be filed with the court."
Further, Article 79 of Presidential Decree No. 1067 1 clearly states that "[t]he administration and enforcement of the provisions of this Code, including the granting of permits and the imposition of penalties for administrative violations hereof, are hereby vested in the Council, and except in regard to those functions which under this Code are specifically conferred upon other agencies of the government, the Council is hereby empowered to make all decisions and determinations provided for in this Code." Art. 93 of Presidential Decree No. 1067 provides that "[a]ll actions for offenses punishable under Article 91 of this Code shall be brought before the proper court." Clearly, the complaint should be submitted to the prosecutor and thereafter filed with the proper court.
WHEREFORE, the motion for reconsideration is DENIED with FINALITY. No further pleadings shall be entertained.
The Letter dated May 23, 2022 of Presiding Judge Gemma G. Betonio of the Regional Trial Court, Branch 4, Panabo City, Davao del Norte is NOTED. Accused-appellant Elvie Arcebar and accused Mary Jean Opelina Taguba, Dina Marie Lasco-Cagape, and Jerry Val Baluran, having fully paid the fine imposed upon them, are hereby exonerated from liability.
Accused-appellants Orlando Constantino, Antonio Alegado, Romeo Cabiles, Luzviminda Cabiles, Leneto Bonocan, Arturo L. Nueva, Norma C. Lupas, Mercy B. Galabin, Luzviminda Diapolet, and Clara Ramirez, and the other remaining accused Paz Opelina, Merlita Adang Homoc, Josephine Espina, Genera Boyboy, and Salvacion Buta, are ORDERED to IMMEDIATELY PAY the fine amounting to PHP3,000.00 each, or apply for subsidiary imprisonment in case of insolvency.
The Municipal Trial Court in Cities, Panabo City is hereby ORDERED to accordingly release the bonds each filed by the accused or accused-appellants as soon as they have fully paid the fine imposed above. CAIHTE
Let entry of judgment be issued in due course.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Entitled "A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND PROTECTION OF WATER RESOURCES." Approved: December 31, 1976.