Ruzol v. Sandiganbayan

THIRD DIVISION

[G.R. Nos. 186739-960. April 17, 2013.]

LEOVEGILDO R. RUZOL, petitioner, vs. THE HON. SANDIGANBAYAN and the PEOPLE OF THE PHILIPPINES, respondents.

DECISION

VELASCO, JR., J p:

This is an appeal seeking to nullify the December 19, 2008 Decision 1 of the First Division of the Sandiganbayan in Criminal Case Nos. SB-08-CRIM-0039 to 0259, which convicted Leovegildo R. Ruzol (Ruzol), then Mayor of General Nakar, Quezon, of Usurpation of Official Functions penalized under Article 177 of the Revised Penal Code (RPC).

The Facts

Ruzol was the mayor of General Nakar, Quezon from 2001 to 2004. Earlier in his term, he organized a Multi-Sectoral Consultative Assembly composed of civil society groups, public officials and concerned stakeholders with the end in view of regulating and monitoring the transportation of salvaged forest products within the vicinity of General Nakar. Among those present in the organizational meeting were Provincial Environment and Natural Resources Officer (PENRO) Rogelio Delgado Sr. and Bishop Julio Xavier Labayen, the OCD-DD of the Prelature of Infanta Emeritus of the Catholic Church and Chairperson of TIPAN, an environmental non-government organization that operates in the municipalities of General Nakar, Infanta and Real in Quezon province. During the said assembly, the participants agreed that to regulate the salvaged forests products, the Office of the Mayor, through Ruzol, shall issue a permit to transport after payment of the corresponding fees to the municipal treasurer. 2 cCDAHE

Consequently, from 2001 to 2004, two hundred twenty-one (221) permits to transport salvaged forest products were issued to various recipients, of which forty-three (43) bore the signature of Ruzol while the remaining one hundred seventy-eight (178) were signed by his co-accused Guillermo T. Sabiduria (Sabiduria), then municipal administrator of General Nakar. 3

On June 2006, on the basis of the issued Permits to Transport, 221 Informations for violation of Art. 177 of the RPC or for Usurpation of Authority or Official Functions were filed against Ruzol and Sabiduria, docketed as Criminal Case Nos. SB-08-CRIM-0039 to 0259.

Except for the date of commission, the description of forest product, person given the permit, and official receipt number, the said Informations uniformly read:

That, on (date of commission) or sometime prior or subsequent thereto, in General Nakar, Quezon, and within the jurisdiction of this Honorable Court, the above-named accused Leovegildo R. Ruzol and Guillermo M. Sabiduria, both public officers, being then the Municipal Mayor and Municipal Administrator, respectively, of General Nakar, Quezon, taking advantage of their official position and committing the offense in relation to their office, conspiring and confederating with each other did then and there willfully, unlawfully and criminally, issue permit to transport (description of forest product) to (person given the permit) under O.R. No. (official receipt number) under the pretense of official position and without being lawfully entitled to do so, such authority properly belonging to the Department of Environment and Natural Resources, to the damage and prejudice of the government.

CONTRARY TO LAW. 4

The details for each Information are as follows: 5

Criminal	Date of	Description of Forest	Person Given the	Official
Case No.	Commission	Product	Permit	Receipt No.
39	20 Jan. 2004	1,000 board ft	David Villareal Jr.	1623446
		malaruhat/marang
40	16 Jan. 2004	600 board ft lawaan	Pepito Aumentado	1623463
41	15 Jan. 2004	100 pcs. malaruhat	Francisco Mendoza	1708352
		(assorted sizes)
42	15 Jan. 2004	300 cubic m or 3,000	Edmundo dela Vega	1708353
		board ft good lumber
43	15 Jan. 2004	600 board ft good lumber	David Villareal, Jr.	1708321
44	15 Jan. 2004	1,050 board ft good lumber	Romeo Sabiduria	1708322
45	12 Jan. 2004	1,000 board ft malaruhat	Nestor Astejada	1625521
46	09 Jan. 2004	4,000 board ft good	Naty Orozco	1623421
		lumber (assorted sizes)
47	08 Jan. 2004	700 board ft lauan	Winnie Aceboque	1623415
48	05 Jan. 2004	500 board ft lauan	Edmundo dela Vega	1623041
49	07 Jan. 2004	4 x 5 haligi	Mercy Vargas	1623314
50	06 Jan. 2004	good lumber	Mario Pujeda	1623310
51	21 Oct. 2002	1,000 board ft sliced	Conchita Odi	830825
		lumber
52	21 Oct. 2002	400 board ft sliced	Lita Crisostomo	830826
		lumber
53	28 Oct. 2002	450 board ft marang	Agosto Astoveza	830829
		lumber
54	08 Jan. 2003	300 board ft sliced	Edna E. Moises	943941
		lumber (assorted sizes)
55	13 Jan. 2003	1,500 board ft sliced	Dante Z. Medina	943964
		lumber (assorted sizes)
56	16 Jan. 2003	400 board ft sliced	Johnny A. Astoveza	943975
		lumber (assorted sizes)
57	27 Jan. 2003	7 pcs sliced lumber & 1	Sonny Leynes	1181827
		piece 18 roda
58	14 Feb. 2003	2,000 pcs trophy (wood	Flordeliza Espiritu	1182033
		carvings)
59	17 Feb. 2003	700 board ft sliced	Nestor Astejada	1181917
		lumber (assorted sizes)
60	18 Feb. 2003	1,632 board ft hard	Arthur/Lanie	1182207
		wood, kisame & sanipa	Occeña
61	20 Feb. 2004	126 pcs lumber	Lamberto	1708810
			Aumentado
62	3-Mar-03	450 board ft hard wood	Nestor Astoveza	1182413
		(assorted sizes)
63	6-Mar-03	160 pcs sliced lumber	Remedios Orozco	1182366
		(assorted sizes)
64	10-Mar-03	1,500 board ft	Nestor Astejada	1181996
		malaruhat (assorted sizes)
65	11-Mar-03	900 board ft sliced	Fernando Calzado	1182233
		lumber (assorted sizes)
66	13-Mar-03	1,408 board ft hard	Nestor Astejada	1182553
		wood (assorted sizes)
67	20-Mar-03	90 pcs. sliced lumber	Remy Orozco	1182157
		(assorted sizes)
68	21-Mar-03	90 pcs. sliced lumber	Rene Francia	1182168
		(assorted sizes)
69	25-Mar-03	500 board ft lumber	Thelma Ramia	1182179
		(assorted sizes)
70	26-Mar-03	1 pc. 60 x 75 bed	Roy Justo	1182246
		(narra) finished product
71	14-Apr-04	95 pcs. kalap (9 ft.);	Anita Solloza	3651059
		6 pcs. post (10 ft.) &
		500 pcs. anahaw
72	8-Apr-04	460 board ft lumber	Remy Orozco	3651101
		(assorted sizes)
73	14-Apr-04	69 pcs. sliced lumber	Dindo America	3651101
		(assorted sizes)
74	23-Apr-03	870 board ft hard	Amado Pradillada	3651268
		lumber (assorted sizes)
75	24-Apr-03	400 board ft lumber	Romy Buendicho	3651237
		(assorted sizes)
76	24-Apr-03	400 board ft rattan	Emmanuel	3651324
			Buendicho
77	30-Apr-04	1,000 board ft good	Mylene Moises	3651335-C
		lumber (assorted sizes)
78	30-Apr-04	500 board ft sliced	Carlito Vargas	3651336
		lumber (assorted sizes)
79	8-May-03	72 x 78 bed (narra);	Fely Justo	3651519
		3 pcs. 60 x 75 bed (ling
		manok) & 1 pc. 48 x 75 ed
		(kuling manok) finished
		product
80	12-May-03	294 board ft lumber	Virgilio Cuerdo	3650927
81	13-May-03	43 pcs. sliced lumber	Amando Lareza	3651783
		(assorted sizes)
82	14-May-03	750 board ft good lumber	Wilma Cuerdo	3651529
83	15-May-03	440 board ft lumber	Marte Cuballes	3651532
84	15-May-03	214 pcs. 2x6x7 or 1,500	Anneliza Vargas	3651531
		board ft finished product
85	26-May-03	57 pcs. sliced lumber	Danny Sanchez	3651585
		(assorted sizes)
86	27-May-03	400 board ft cut woods	Emy Francia	3651394
87	30-May-03	300 board ft lumber	Daisy Cuerdo	3650943
88	30-May-03	1,000 board ft lumber	Lea Astoveza	3651161
		(assorted sizes)
89	5-Jun-03	130 pcs. or 1,500 board	Jose Noly Moises	3651809
		ft lumber cut woods
90	6-Jun-03	300 board ft lumber	Mercy Escaraga	3651169
91	18-Jun-03	800 board ft good lumber	Dante Medena	3651749
92	24-Jun-03	28 pcs. good lumber	Virgilio Cuerdo	1247102
		(assorted sizes)
93	25-Jun-03	190 pcs. good lumber	Dante Medina	1247205
		(assorted sizes)
94	2-Jul-03	800 board ft. good	Dante Medina	1247221
		lumber
95	2-Jul-03	105 pcs. fresh cut lumber	Emmanuel Lusang	1247167
		(assorted sizes)
96	4-Jul-03	Assorted sizes of good	Alberto dela Cruz	1247172
		lumber
97	7-Jul-03	Bulukan woods	Conchita Ligaya	1247175
98	7-Jul-03	6 pcs. haligi	Jane Bulagay	1247173
99	11-Jul-03	700 board ft. cut woods	Dominador Aveno	1247452
100	14-Jul-03	800 board ft. cut wood/	Dante Medina	1247180
		lumber
101	16-Jul-03	600 board ft. cut lumber	Rachelle Solana	1247182
102	23-Jul-03	1,200 board ft. hard	Necito Crisostomo	1247188
		lumber
103	23-Jul-03	700 board ft. good	Nestor Astejada	1247129
		lumber
104	28-Jul-03	959 board ft. cut lumber	Necito Crisostomo	1247428
105	29-Jul-03	600 board ft. lumber	Marilou Astejada	1247191
106	01 Aug. 2003	1,000 board Malaruhat	Ruel Ruzol	1247198
107	05 Aug. 2003	800 board ft. lumber	Virgilio Aumentado	1322853
108	08 Aug. 2003	4.8 cubic ft. Amlang	Rosa Turgo	1322862
		woods
109	12 Aug. 2003	788 Board ft. cut woods	Maria Teresa	1322865
			Adornado
110	25 Aug. 2003	500 board ft. assorted	Romy Buendicho	1322929
		lumber
111	28 Aug. 2003	2 sala sets	Roy Justo	1322879
112	29 Aug. 2003	456 pieces good lumber	Marilou Astejada	1323056
		(assorted sizes)
113	03 Sept. 2003	5 cubic ft softwoods	Rosa Turgo	1322834
		(assorted sizes)
114	05 Sept. 2003	1,000 board ft. good	Agustin Vargas	1323064
		lumber (assorted sizes)
115	08 Sept. 2003	80 pcs. wood post	Peter Banton	1323124
116	09 Sept. 2003	1 forward load	Efifania V. Astrega	1323023
		(soft wood)
117	11 Sept. 2003	1 forward load (assorted	Noling Multi	1323072
		species)	Purpose Corp.
118	11 Sept. 2003	500 board ft. good	Agustin Vargas	1323071
		lumber
119	12 Sept. 2003	900 board ft. good	Nestor Astejada	1323073
		lumber (assorted sizes)
120	15 Sept. 2003	950 board ft. Malaruhat	Edna Moises	1323128
121	16 Sept. 2003	14 pcs. Panel door	Roy Justo	1323041
122	17 Sept. 2003	546 board ft. soft woods	Mr. Marquez	1322951
123	19 Sept. 2003	1,600 board ft. good	Decembrano	1323085
		lumber (assorted sizes)	Sabiduria
124	22 Sept. 2003	900 board ft. good	Jeffrey dela Vega	1323095
		lumber
125	22 Sept. 2003	1 Jeep load hard wood	Federico Marquez	1323100
126	25 Sept. 2003	750 board ft. Malaruhat/	Virgilio Villareal	1323252
		Marang
127	03 Oct. 2003	750 board ft. Malaruhat/	Virgilio Villareal	1323252
		Marang
128	02 Oct. 2003	60 pcs. good lumber	Nestor Astorza	1482662
		(assorted sizes)
129	03 Oct. 2003	1,600 board ft. good	Virgilio Villareal	1482666
		lumber (assorted sizes)
130	03 Oct. 2003	400 board ft. Malaruhat	Amado Pradillada	1482815
		(assorted sizes)
131	03 Oct. 2003	1 full load (soft wood)	Flordeliza Espiritu	1482867
132	03 Oct. 2003	6,342 board ft sticks	Joel Pacaiqui	1482716
133	03 Oct. 2003	6,090 board ft sticks	Joel Pacaiqui	1482717
134	07 Oct. 2003	900 board ft. good	Mylene Moises	1482670
		lumber (assorted sizes)
135	13 Oct. 2003	600 board ft. Lawaan	Winnie Acebaque	1482734
		(assorted sizes)
136	13 Oct. 2003	1,700 board ft. Malaruhat	Nestor Bautista	1482740
		(assorted sizes)
137	13 Oct. 2003	300 board ft. Lawaan	Trinidad Guerero	1482774
		(assorted sizes)
138	16 Oct. 2003	700 board ft. Lawaan	Federico Marquez	1482782
139	17 Oct. 2003	4,602 board ft. good	Nenita Juntreal	1482787
		lumber (assorted sizes)
140	20 Oct. 2003	1,700 board ft. Malaruhat	Belen Ordinado	1482793
		(assorted sizes)
141	23 Oct. 2003	66 pcs. good lumber	Nestor Astejada	1482847
		(assorted sizes)
142	25 Oct. 2003	1,700 board ft. good	Dante Medina	1323277
		lumber
143	27 Oct. 2003	1,800 board ft. good	Dante Medina	1482951
		lumber (assorted sizes)
144	28 Oct. 2003	1,254 board ft. good	Jonathan Supremo	1323281
		lumber (assorted sizes)
145	28 Oct. 2003	2,500 board ft. lumber	Ramir Sanchez	1483001
		(assorted sizes)
146	28 Oct. 2003	500 board ft. good lumber	Rolando Franela	1323280
		(assorted sizes)
147	03 Nov. 2003	850 finished products	Naty Orozco	1483020
		(cabinet component,
		balusters, door jambs)
148	03 Nov. 2003	400 board ft. good lumber	Elizabeth Junio	1483022
		(assorted sizes) & 6
		bundles of sticks
149	10 Nov. 2003	1,770 board ft. good	Dante Medina	1483032
		lumber (assorted sizes)
150	10 Nov. 2003	1,000 board ft. lumber	Nestor Astejada	1483033
151	12 Nov. 2003	900 board ft. lumber	Federico Marquez	1483041
		(assorted sizes)
152	12 Nov. 2003	Mini dump truck good	Rizalito Francia	1483042
		lumber (assorted sizes)
153	14 Nov. 2003	500 components, 100 pcs	Annie Gonzales	1483070
		balusters (assorted sizes
		of stringers, tassels)
154	14 Nov. 2003	700 board ft. good lumber	Winnie Aceboque	1323287
155	17 Nov. 2003	1,600 board ft. Malaruhat	Federico Marquez	1483072
		lumber (assorted sizes)
156	05 Nov. 2003	400 board ft. Tapil & 7	Belen Ordinado	1483023
		pcs. 1x10x14
157	05 Nov. 2003	1,000 board ft. lumber	Leonardo Aveno	1623003
		(assorted sizes)
158	05 Nov. 2003	150 board ft. good lumber	Francisco Mendoza	1483027
159	07 Nov. 2003	433 bundles of semi-	Naty Orozco	1483031
		finished products
160	08 Nov. 2003	800 board ft. lumber	Armando Pradillada	1483134
		(assorted sizes)
161	25 Nov. 2003	30 pcs. sliced lumber	Ariel Molina	1632059
162	19 Nov. 2003	1,000 board ft. good	Dante Medina	1623053
		lumber (assorted sizes)
163	20 Nov. 2003	500 board ft. good lumber	Maria Teresa	1323288
		(assorted sizes)		Adornado
164	20 Nov. 2003	1,500 board ft. good	Romeo Sabiduria	1483080
		lumber (assorted sizes)
165	21 Nov. 2003	1,000 board ft. Malaruhat	Dante Medina	1623057
		lumber (assorted sizes)
166	25 Oct. 2003	2,000 board ft. lumber	Federico Marquez	1322982
		(assorted sizes)
167	25 Nov. 2003	500 board ft. Malaruhat	Federico Marquez	1483090
168	25 Nov. 2003	70 bundles of Rattan	Manuel Buendicho	1483095
		(assorted sizes)
169	28 Nov. 2003	6,542 board ft. finished	Nenita Juntareal	1623019
		products (cabinet and
		components)
170	01 Dec. 2003	400 board ft. Malaruhat	Federico Marquez	1623061
171	01 Dec. 2003	500 board ft. good	Nestor Astejada	1483123
		lumber
172	01 Dec. 2003	1,500 board ft. lumber	Belen Ordinado	1623063
		(assorted sizes)
173	03 Dec. 2003	500 board ft. Laniti	Rosa Turgo	1483125
174	04 Dec. 2003	1,000 board ft. lumber	Dante Medina	1483127
175	04 Dec. 2003	26 pcs. lumber (assorted	Nenita Juntareal	1483128
		sizes) & 2 bundles of
		sticks
176	05 Dec. 2003	800 board ft. lumber	Nestor Astejada	1483131
177	08 Dec. 2003	678 board ft. good	Elenor Rutaquio	1623082
		lumber (assorted sizes)
178	08 Dec. 2003	200 board ft. lumber	William Rutaquio	1623010
		(assorted sizes)
179	09 Dec. 2003	1,800 board ft. lumber	Nestor Astejada	1623090
180	12 Dec. 2003	One jeep load of good	Angelo Avellano	1623099
		lumber (assorted sizes)
181	12 Dec. 2003	500 board ft. Lawaan	Merly Pante	1623100
182	12 Dec. 2003	800 board ft. lumber	Pepito Aumentado	1483147
183	16 Dec. 2003	600 board ft. Malaruhat	Jonathan Marcial	1623033
184	16 Dec. 2003	650 board ft. lumber	Pepito Aumentado	1482987
185	16 Dec. 2003	1,000 board ft. Malaruhat	Dante Medina	1482986
186	18 Dec. 2003	100 board ft. lumber	Aladin Aveno	1322992
187	19 Dec. 2003	780 board ft. lumber	Pepito Aumentado	1323000
188	19 Dec. 2003	1,500 board ft. coco	Felecita Marquez	1322998
		lumber
189	22 Dec. 2003	600 board ft. lumber	Belen C. Ordinado	1623209
190	29 Dec. 2003	600 board ft. Lawaan	Winnie Aciboque	1623211
191	29 Dec. 2003	300 board ft. lumber	Yolanda Crisostomo	1623210
192	30 Dec. 2003	800 board ft. Lawaan	Pepito Aumentado	1623215
193	20 Nov. 2003	150 board ft. good	Francisco Mendoza	1483086
		lumber (assorted sizes)
194	30-Jun-03	450 board ft. fresh cut	Mylene Moises	1247126
		lumber
195	13-Jul-01	1 L-300 load of	Evangeline Moises	9894843-Q
		finished and semi-
		finished products
196	2-Jul-01	96 pcs. good lumber	Rollie L. Velasco	9894996-Q
		(assorted sizes)
197	7-May-04	1,500 board ft.	Nemia Molina	200647
		babayahin lumber
198	19-Apr-04	107 pcs. sliced lumber	Carlo Gudmalin	1868050
		(assorted sizes)
199	5-Mar-04	10 pcs. Deadwood	Elizabeth Junio	1708899
		(Bulakan)
200	2-Mar-04	600 board ft. Amalang	Roda Turgo	1867608
		wood
201	1-Mar-04	149 sliced lumber	Necito Crisostomo	1708891
		(assorted sizes)
202	1-Mar-04	80 bundles of rattan	Manuel Buendicho	1708890
203	23 Feb. 2004	30 pcs. sliced lumber	Leonardo Aveno	1708863
		(assorted sizes)
204	13 Feb. 2004	50 pcs. sliced sliced	Federico Marquez	1708698
		lumber (assorted sizes)
205	12 Feb. 2004	69 pcs. sliced sliced	Florencio Borreo	1708694
		lumber (assorted sizes)
206	17 Feb. 2004	50 pcs. sliced sliced	Ronnie Astejada	1708774
		lumber (assorted sizes)
207	04 Feb. 2004	600 board ft. sliced	Pepito Aumentado	1708486
		lumber (assorted sizes)
208	1-Mar-04	21 pcs. Lawaan	Atan Marquez	1708878
		(assorted sizes)
209	4 Feb. 2004	563 board ft. sliced lumber	Decembrano	1708487
		(assorted sizes)	Sabiduria
210	06 Feb. 2004	80 pcs. Buukan (Ugat)	Maila S. Orozco	1708547
211	30 Jan. 2004	1,000 board ft. good	Pepito Aumentado	1708534
		lumber (assorted sizes)
212	29 Jan. 2004	950 board ft. good	Leonardo Moises	1708528
		lumber (assorted sizes)
213	28 Jan. 2004	1,000 board ft. good	Pepito Aumentado	1708518
		lumber (assorted sizes)
214	28 Jan. 2004	5,000 board ft. good	Carmelita Lorenzo	1708521
		lumber (assorted sizes)
215	28 Jan. 2004	350 board ft. good	Amando Pradillada	1708368
		lumber (assorted sizes)
216	23 Jan. 2004	800 board ft. lumber	Pepito Aumentado	1708517
		(assorted sizes)
217	21 Jan. 2004	1,050 board ft. good	Romeo Sabiduria	1708508
		lumber (assorted sizes)
218	6-Apr-04	800 board ft. sliced	Mylene Moises	1868025
		lumber (assorted sizes)
219	11-Mar-04	300 pieces or 1,200	Ernesto Aumentado	1708975
		board ft. sliced lumber
		(assorted sizes)
220	02 Feb. 2004	7,000 board ft. good	Carmelita Lorenzo	1708376
		lumber
221	08 Jan. 2004	600 board ft. Malaruhat	Nestor Astejada	1623451
222	10 Dec. 2003	300 pieces good lumber	Francisco Mendoza	1623096
223	18 Nov. 2003	6,432 board ft. assorted	Naty Orozco	1483048
		species
224	30 Oct. 2003	8,000 board ft. Malauban	Ma. Teresa Adornado	1483019
225	21 Oct. 2003	1,770 board ft. good	Dante Medina	1482796
		lumber (assorted sizes)
226	21 Oct. 2003	300 board ft. Malaruhat	Leonardo S. Aveno	1323271
		(assorted sizes)
227	21 Oct. 2003	10,875 board ft. lumber	Annie Gonzales	1323273
		(assorted sizes)
228	20 Oct. 2003	300 board ft. sliced	Bernardo Gonzalvo	1482835
		lumber
229	17 Oct. 2003	6,090 board ft. lumber	Naty Orozco	1482834
230	17 Oct. 2003	16 pcs. panel door	Roy Justo	1482743
		(finished product)
231	01 Oct. 2003	300 board ft. good lumber	Analiza Vargas	1482710
		(assorted sizes)
232	01 Oct. 2003	700 board ft. Malaruhat	Engr. Mercado	1482760
		(assorted sizes)
233	30 Sept. 2003	500 board ft. sliced	Mylene Moises	1482810
		lumber (assorted sizes)
234	29 Sept. 2003	800 board ft. good	Wennie Acebuque	1482703
		lumber (assorted sizes)
235	15 Sept. 2003	1,500 board ft. malaruhat	Decembrano	1323076
		lumber (assorted sizes)	Sabiduria
236	10 Sept. 2003	200 board ft. good lumber	Junier Franquia	1323027
		(assorted sizes)
237	29 Aug. 2003	600 board ft. good lumber	Annaliza Vargas	1322830
238	07 Aug. 2003	2,000 board ft. lumber	Abilardo dela Cruz	1247200
		(assorted sizes)
239	06 Aug. 2003	1,000 board ft. hardwood	Jennifer Nudalo	1322802
240	25-Jun-03	600 board ft. good lumber	Roy Justo	1247024
241	26-May-03	800 board ft. lumber	Adelino Lareza	3651096
242	26-May-03	Assorted sizes good	Rollie Velasco	3651587
		lumber
243	23-May-03	342 sliced lumber	Dolores S. Gloria	3651499
		(assorted sizes)
244	20-May-03	500 board ft. lumber	Marylyn de Loreto/	3651574
			Melita Masilang
245	2-May-03	123 pieces sliced lumber	Armando Lariza	3651656
		(assorted sizes)
246	17 Feb. 2003	70 pieces sliced lumber	Efren Tena/Romeo	1182204
		(assorted sizes)	Serafines
247	07 Feb. 2003	1 piece narra bed; 1	Roy D. Justo	1182060
		piece narra panel door;
		6 pcs. Refrigerator stand
		& 1 pc. Narra cabinet
		(finished product)
248	05 Dec. 2002	140 pcs. round poles	Lamberto R. Ruzol	943647
249	20 Nov. 2002	500 board ft. lumber	Luz Astoveza	943618
		(assorted sizes)
250	30 Oct. 2002	1,200 board ft. sliced	Arceli Fortunado	830698
		lumber (assorted sizes)
251	04 Oct. 2002	500 board ft. Huling	Roy Justo	830646
		Manok
252	27 Sept. 2002	300 board ft. sliced	Roy Justo	830625
		lumber (assorted sizes)
253	24 Sept. 2002	1,000 board ft. sliced	Inna L. Customerado	830771
		lumber (assorted sizes)
254	23 Sept. 2002	1,000 board ft. sliced	Normelita L. Curioso	830610
		lumber (assorted sizes)
255	03 Sept. 2002	2,000 pcs. trophy (wood	Floredeliza D.	686642
		carvings)	Espiritu
256	7-Mar-02	2,000 sets trophy	Floredeliza D.	90549
		(wood carvings)	Espiritu
257	03 Dec. 2001	10,000 sets trophy (wood	Floredeliza D.	90769
		carvings)	Espiritu
258	12 Sept. 2001	1,075 board ft of sticks &	Lea A. Rivera	7786333
		1,450 board ft. Bollilo
		(assorted sizes)
259	07 Oct. 2003	Assorted lumber	Roy D. Justo	1482765

Considering that the facts are undisputed, the parties during Pre-Trial agreed to dispense with the presentation of testimonial evidence and submit the case for decision based on the documentary evidence and joint stipulation of facts contained in the Pre-Trial Order. Thereafter, the accused and the prosecution submitted their respective memoranda. 6

Ruzol's Defense

As summarized by the Sandiganbayan, Ruzol professes his innocence based on following arguments:

(1) As Chief Executive of the municipality of General Nakar, Quezon, he is authorized to issue permits to transport forest products pursuant to RA 7160 which give the LGU not only express powers but also those powers that are necessarily implied from the powers expressly granted as well as those that are necessary, appropriate or incidental to the LGU's efficient and effective governance. The LGU is likewise given powers that are essential to the promotion of the general welfare of the inhabitants. The general welfare clause provided in Section 16, Chapter 2, Title One, Book I of R.A. 7160 is a massive grant of authority that enables LGUs to perform or exercise just about any power that will benefit their local constituencies. SEDIaH

(2) In addition to the foregoing, R.A. 7160 has devolved certain functions and responsibilities of the DENR to the LGU. And the permits to transport were issued pursuant to the devolved function to manage and control communal forests with an area not exceeding fifty (50) square kilometers.

(3) The Permits to Transport were issued as an incident to the payment of Transport Fees levied by the municipality for the use of local public roads for the transport of salvaged forest products. Under (a) Section 5, Article X of the Constitution, (b) Section 129, Chapter I, Title One Book II of R.A. 7160, and (c) Section 186, Article Five, Chapter 5, Title One, Book II of R.A. 7160, the municipality is granted the power to create its own sources of revenue and to levy fees in accordance therewith.

(4) The only kind of document the DENR issues relating to log, timber or lumber is denominated "Certificate of Timber Origin" or CTO for logs and "Certificate of Lumber Origin" or CLO for lumber; hence, even if accused issued the Transport Permits on his side, a person wanting to transport the said forest products would have to apply and obtain a CTO or CLO from the DENR. The Transport Permits issued by the accused were never taken as a substitute for the CTO or CLO, and this is the reason why said permits contain the annotation "Subject to DENR rules, laws and regulations."

(5) There is no proof of conspiracy between the accused. The Transport Permits were issued by accused Sabiduria in his capacity as Municipal Administrator and his mere issuance is not enough to impute upon the accused Ruzol any transgression or wrongdoing that may have been committed in the issuance thereof following the ruling in Arias v. Sandiganbayan (180 SCRA 309).

(6) The DENR directly sanctioned and expressly authorized the issuance of the 221 Transport permits through the Provincial Environment and natural Resources officer Rogelio Delgado Sr., in a Multi-Sectoral Consultative Assembly. HCaIDS

(7) The accused cannot be convicted of Usurpation of Authority since they did not act "under the pretense of official position," accused Ruzol having issued the permits in his capacity as Mayor and there was no pretense or misrepresentation on his part that he was an officer of DENR. 7

Ruling of the Sandiganbayan

After due consideration, the Sandiganbayan rendered on December 19, 2008 a Decision, acquitting Sabiduria but finding Ruzol guilty as charged, to wit:

WHEREFORE, premises considered, the Court resolves these cases as follows:

1. Against the accused LEOVEGILDO R. RUZOL, judgment is hereby rendered finding him GUILTY beyond reasonable doubt of Two Hundred Twenty One (221) counts of the offense of Usurpation of Official Functions as defined and penalized under Article 177 of the Revised Penal Code and hereby sentences him to suffer for each case a straight penalty of SIX (6) MONTHS and ONE (1) DAY.

However, in the service of his sentences, accused Ruzol shall be entitled to the benefit of the three-fold rule as provided in Article 70 of the Revised Penal Code, as amended.

2. On the ground of reasonable doubt, accused GUILLERMO M. SABIDURIA is ACQUITTED of all 221 charges. The cash bond posted by him for his provisional liberty may now be withdrawn by said accused upon presentation of the original receipt evidencing payment thereof subject to the usual accounting and auditing procedures. The hold departure procedure issued by this Court dated 16 April 2008 is set aside and the Order issued by the Bureau of Immigration dated 29 April 2008 including the name of Sabiduria in the Hold Departure List is ordered recalled and cancelled.

SO ORDERED. 8 HScDIC

The Sandiganbayan predicated its ruling on the postulate that the authority to issue transport permits with respect to salvaged forest products lies with the Department of Environment and Natural Resources (DENR) and that such authority had not been devolved to the local government of General Nakar. 9 To the graft court, Ruzol's issuance of the subject permits constitutes usurpation of the official functions of the DENR.

The Issue

The critical issue having a determinative bearing on the guilt or innocence of Ruzol for usurpation revolves around the validity of the subject permits to transport, which in turn resolves itself into the question of whether the authority to monitor and regulate the transportation of salvaged forest product is solely with the DENR, and no one else.

The Ruling of this Court

The petition is partly meritorious.

Subsidiary Issue:

In ruling that the DENR, and not the local government units (LGUs), has the authority to issue transportation permits of salvaged forest products, the Sandiganbayan invoked Presidential Decree No. 705 (PD 705), otherwise known as the Revised Forestry Code of the Philippines and in relation to Executive Order No. 192, Series of 1987 (EO 192), or the Reorganization Act of the Department of Environment and Natural Resources.

Section 5 of PD 705 provides: DaCTcA

Section 5. Jurisdiction of Bureau. — The Bureau [of Forest Management] shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities.

It shall be responsible for the protection, development, management, regeneration, and reforestation of forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple use and sustained yield management in forest lands; the protection, development and preservation of national parks, marine parks, game refuges and wildlife; the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain; and the enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.

The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. (Emphasis Ours.)

On the other hand, the pertinent provisions of EO 192 state:

SECTION 4. Mandate. — The Department shall be the primary government agency responsible for the conservation, management, development, and proper use of the country's environment and natural resources, specifically forest and grazing lands of the public domain, as well as the licensing and regulation of all natural resources as maybe provided for by law in order to ensure equitable sharing of the benefits derived therefrom for the welfare of the present and future generations of Filipinos.

xxx xxx xxx

SECTION 5. Powers and Functions. — To accomplish its mandate, the Department shall have the following functions: cDHAES

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(d) Exercise supervision and control over forest lands, alienable and disposal lands, and mineral resources and in the process of exercising such control the Department shall impose appropriate payments, fees, charges, rentals and any such revenues for the exploration, development, utilization or gathering of such resources.

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(j) Regulate the development, disposition, extraction, exploration and use of the country's forest, land and mineral resources;

(k) Assume responsibility for the assessment, development, protection, conservation, licensing and regulation as provided for by law, where applicable, of all natural resources; the regulation and monitoring of service contractors, licensees, lessees, and permittees for the extraction, exploration, development and utilization of natural resources products; the implementation of programs and measures with the end in view of promoting close collaboration between the government and the private sector; the effective and efficient classification and sub-classification of lands of the public domain; and the enforcement of natural resources laws, rules and regulations;

(l) Promulgate rules, regulations and guidelines on the issuance of co-production, joint venture or production sharing agreements, licenses, permits, concessions, leases and such other privileges and arrangement concerning the development, exploration and utilization of the country's natural resources and shall continue to oversee, supervise and police our natural resources; to cancel or cause to cancel such privileges and arrangement upon failure, non-compliance or violations of any regulations, orders, and for all other causes which are furtherance of the conservation of natural resources and supportive of the national interests; AcISTE

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(n) Implement measures for the regulation and supervision of the processing of forest products, grading and inspection of lumber and other forest products and monitoring of the movement of timber and other forest products. (Emphasis Ours.)

Invoked too is DENR Administrative Order No. 2000-78 (DAO 2000-78) which mandates that the permittee should secure the necessary transport and other related documents before the retrieved wood materials are sold to the buyers/users and/or wood processing plants. 10 DAO 2000-78 obliges the entity or person concerned to secure a Wood Recovery Permit — a "permit issued by the DENR to gather/retrieve and dispose abandoned logs, drifted logs, sunken logs, uprooted, and fire and typhoon damaged tress, tree stumps, tops and branches." 11 It prescribes that the permittee shall only be allowed to gather or recover logs or timber which had already been marked and inventoried by the Community Environment and Natural Resources Officer. 12 To the Sandiganbayan, this mandatory requirement for Wood Recovery Permit illustrates that DENR is the sole agency vested with the authority to regulate the transportation of salvaged forest products.

The Sandiganbayan further reasoned that the "monitoring and regulating salvaged forest products" is not one of the DENR's functions which had been devolved upon LGUs. It cited Sec. 17 of Republic Act No. 7160 (RA 7160) or the Local Government Code (LGC) of 1991 which provides:

Section 17. Basic Services and Facilities. —

(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated herein. DACTSa

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(2) For a Municipality:

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(ii) Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects. (Emphasis Ours.)

According to the Sandiganbayan, Sec. 17 of the LGC has limited the devolved functions of the DENR to the LGUs to the following: (1) the implementation of community-based forestry products; (2) management and control of communal forests with an area not exceeding fifty (50) square kilometers; and (3) establishment of tree parks, greenbelts and similar forest development projects. 13 It also referred to DENR Administrative Order No. 30, Series of 1992 (DAO 1992-30), which enumerates the forest management functions, programs and projects of the DENR which had been devolved to the LGUs, as follows: 14

Section 3.1. Forest Management. —

a. Implementation of the following community-based forestry projects: SHIcDT

i. Integrated Social Forestry Projects, currently funded out of regular appropriations, except at least one project per province that shall serve as research and training laboratory, as identified by the DENR, and those areas located in protected areas and critical watersheds;

ii. Establishment of new regular reforestation projects, except those areas located in protected areas and critical watersheds;

iii. Completed family and community-based contract reforestation projects, subject to policies and procedures prescribed by the DENR;

iv. Forest Land Management Agreements in accordance with DENR Administrative Order No. 71, Series of 1990 and other guidelines that the DENR may adopt; and

v. Community Forestry Projects, subject to concurrence of financing institution(s), if foreign assisted.

b. Management and control of communal forests with an area not exceeding fifty (50) square kilometers or five thousand (5,000) hectares, as defined in Section 2, above. Provided, that the concerned LGUs shall endeavor to convert said areas into community forestry projects;

c. Management, protection, rehabilitation and maintenance of small watershed areas which are sources of local water supply as identified or to be identified by the DENR; and

d. Enforcement of forest laws in community-based forestry project areas, small watershed areas and communal forests, as defined in Section 2 above, such as but not limited to: CacISA

i. Prevention of forest fire, illegal cutting and kaingin;

ii. Apprehension of violators of forest laws, rules and regulations;

iii. Confiscation of illegally extracted forest products on site;

iv. Imposition of appropriate penalties for illegal logging, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming and other unlawful activities; and

v. Confiscation, forfeiture and disposition of conveyances, equipment and other implements used in the commission of offenses penalized under P.D. 705 as amended by E.O. 277, series of 1987 and other forestry laws, rules and regulations.

Provided, that the implementation of the foregoing activities outside the devolved areas above mentioned, shall remain with the DENR.

The Sandiganbayan ruled that since the authority relative to salvaged forest products was not included in the above enumeration of devolved functions, the correlative authority to issue transport permits remains with the DENR 15 and, thus, cannot be exercised by the LGUs.

We disagree and refuse to subscribe to this postulate suggesting exclusivity. As shall be discussed shortly, the LGU also has, under the LGC of 1991, ample authority to promulgate rules, regulations and ordinances to monitor and regulate salvaged forest products, provided that the parameters set forth by law for their enactment have been faithfully complied with. cSHIaA

While the DENR is, indeed, the primary government instrumentality charged with the mandate of promulgating rules and regulations for the protection of the environment and conservation of natural resources, it is not the only government instrumentality clothed with such authority. While the law has designated DENR as the primary agency tasked to protect the environment, it was not the intention of the law to arrogate unto the DENR the exclusive prerogative of exercising this function. Whether in ordinary or in legal parlance, the word "primary" can never be taken to be synonymous with "sole" or "exclusive." In fact, neither the pertinent provisions of PD 705 nor EO 192 suggest that the DENR, or any of its bureaus, shall exercise such authority to the exclusion of all other government instrumentalities, i.e., LGUs.

On the contrary, the claim of DENR's supposedly exclusive mandate is easily negated by the principle of local autonomy enshrined in the 1987 Constitution 16 in relation to the general welfare clause under Sec. 16 of the LGC of 1991, which provides:

Section 16. General Welfare. — Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. (Emphasis Ours.)

Pursuant to the aforequoted provision, municipal governments are clothed with authority to enact such ordinances and issue such regulations as may be necessary to carry out and discharge the responsibilities conferred upon them by law, and such as shall be necessary and proper to provide for the health, safety, comfort and convenience, maintain peace and order, improve public morals, promote the prosperity and general welfare of the municipality and its inhabitants, and ensure the protection of property in the municipality. 17

As held in Oposa v. Factoran, Jr., 18 the right of the people "to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment." In ensuring that this duty is upheld and maintained, a local government unit may, if it deems necessary, promulgate ordinances aimed at enhancing the right of the people to a balanced ecology and, accordingly, provide adequate measures in the proper utility and conservation of natural resources within its territorial jurisdiction. As can be deduced from Ruzol's memoranda, as affirmed by the parties in their Joint Stipulation of Facts, it was in the pursuit of this objective that the subject permits to transport were issued by Ruzol — to regulate the salvaged forest products found within the municipality of General Nakar and, hence, prevent abuse and occurrence of any untoward illegal logging in the area. 19 CSIcHA

In the same vein, there is a clear merit to the view that the monitoring and regulation of salvaged forest products through the issuance of appropriate permits is a shared responsibility which may be done either by DENR or by the LGUs or by both. DAO 1992-30, in fact, says as much, thus: the "LGUs shall share with the national government, particularly the DENR, the responsibility in the sustainable management and development of the environment and natural resources within their territorial jurisdiction." 20 The significant role of the LGUs in environment protection is further echoed in Joint Memorandum Circular No. 98-01 (JMC 1998-01) or the Manual of Procedures for DENR-DILG-LGU Partnership on Devolved and other Forest Management Functions, which was promulgated jointly by the DILG and the DENR in 1998, and provides as follows:

Section 1. Basic Policies. —

Subject to the general policies on devolution as contained in RA 7160 and DENR Administrative Order No. 30, Series of 1992, the following basic policies shall govern the implementation of DENR-DILG-LGU partnership on devolved and other forest management functions:

1.1. The Department of Environment and Natural Resources (DENR) shall be the primary government agency responsible for the conservation, management, protection, proper use and sustainable development of the country's environment and natural resources. TCEaDI

1.2. The LGUs shall share with DENR the responsibility in the sustainable management and development of the forest resources within their territorial jurisdiction. Toward this end, the DENR and the LGUs shall endeavor to strengthen their collaboration and partnership in forest management.

1.3. Comprehensive land use and forest land use plans are important tools in the holistic and efficient management of forest resources. Toward this end, the DENR and the LGUs together with other government agencies shall undertake forest land use planning as an integral activity of comprehensive land use planning to determine the optimum and balanced use of natural resources to support local, regional and national growth and development.

1.4. To fully prepare the LGUs to undertake their shared responsibilities in the sustainable management of forest land resources, the DENR, in coordination with DILG, shall enhance the capacities of the LGUs in the various aspects of forest management. Initially, the DENR shall coordinate, guide and train the LGUs in the management of the devolved functions. As the LGUs' capacity in forest management is enhanced, the primary tasks in the management of devolved functions shall be performed by the LGUs and the role of the DENR becomes assistive and coordinative.

1.5. To further the ends of local autonomy, the DENR in consultation with the LGUs shall devolved [sic] additional functions and responsibilities to the local government units, or enter into agreements with them for enlarged forest management and other ENR-related functions.

1.6. To seek advocacy, popular support and ultimately help achieve community empowerment, DENR and DILG shall forge the partnership and cooperation of the LGUs and other concerned sectors in seeking and strengthening the participation of local communities for forest management including enforcement of forestry laws, rules and regulations. (Emphasis Ours.)

To our mind, the requirement of permits to transport salvaged forest products is not a manifestation of usurpation of DENR's authority but rather an additional measure which was meant to complement DENR's duty to regulate and monitor forest resources within the LGU's territorial jurisdiction. TaCSAD

This is consistent with the "canon of legal hermeneutics that instead of pitting one statute against another in an inevitably destructive confrontation, courts must exert every effort to reconcile them, remembering that both laws deserve respect as the handiwork of coordinate branches of the government." 21 Hence, if there appears to be an apparent conflict between promulgated statutes, rules or regulations issued by different government instrumentalities, the proper action is not to immediately uphold one and annul the other, but rather give effect to both by harmonizing them if possible. 22 Accordingly, although the DENR requires a Wood Recovery Permit, an LGU is not necessarily precluded from promulgating, pursuant to its power under the general welfare clause, complementary orders, rules or ordinances to monitor and regulate the transportation of salvaged forest products.

Notwithstanding, We still find that the Permits to Transport issued by Ruzol are invalid for his failure to comply with the procedural requirements set forth by law for its enforcement.

Then and now, Ruzol insists that the Permit to Transport partakes the nature of transport fees levied by the municipality for the use of public roads. 23 In this regard, he argues that he has been conferred by law the right to issue subject permits as an incident to the LGU's power to create its own sources of revenue pursuant to the following provisions of the LGC:

Section 153. Service Fees and Charges. — Local government units may impose and collect such reasonable fees and charges for services rendered.

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Section 186. Power to Levy Other Taxes, Fees or Charges. — Local government units may exercise the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory or contrary to declared national policy: Provided, further, That the ordinance levying such taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose. (Emphasis Ours.) ISCaDH

Ruzol further argued that the permits to transport were issued under his power and authority as Municipal Mayor under Sec. 444 of the same law:

(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance;

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(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the municipality; provide efficient and effective property and supply management in the municipality; and protect the funds, credits, rights and other properties of the municipality. (Emphasis Ours.)

Ruzol is correct to a point. Nevertheless, We find that an enabling ordinance is necessary to confer the subject permits with validity. As correctly held by the Sandiganbayan, the power to levy fees or charges under the LGC is exercised by the Sangguniang Bayan through the enactment of an appropriate ordinance wherein the terms, conditions and rates of the fees are prescribed. 24 Needless to say, one of the fundamental principles of local fiscal administration is that "local revenue is generated only from sources expressly authorized by law or ordinance." 25

It is likewise expressly stated in Sec. 444 (b) (3) (iv) of the LGC that the authority of the municipal mayor to issue licenses and permits should be "pursuant to a law or ordinance." It is the Sangguniang Bayan, as the legislative body of the municipality, which is mandated by law to enact ordinances against acts which endanger the environment, i.e., illegal logging, and smuggling of logs and other natural resources. 26 aTEAHc

In this case, an examination of the pertinent provisions of General Nakar's Revised Municipal Revenue Code27 and Municipal Environment Code 28 reveals that there is no provision unto which the issuance of the permits to transport may be grounded. Thus, in the absence of an ordinance for the regulation and transportation of salvaged products, the permits to transport issued by Ruzol are infirm.

Ruzol's insistence that his actions are pursuant to the LGU's devolved function to "manage and control communal forests" under Sec. 17 of the LGC and DAO 1992-30 29 is specious. Although We recognize the LGU's authority in the management and control of communal forests within its territorial jurisdiction, We reiterate that this authority should be exercised and enforced in accordance with the procedural parameters established by law for its effective and efficient execution. As can be gleaned from the same Sec. 17 of the LGC, the LGU's authority to manage and control communal forests should be "pursuant to national policies and is subject to supervision, control and review of DENR."

As correctly held by the Sandiganbayan, the term "communal forest" 30 has a well-defined and technical meaning. 31 Consequently, as an entity endowed with specialized competence and knowledge on forest resources, the DENR cannot be discounted in the establishment of communal forest. The DILG, on behalf of the LGUs, and the DENR promulgated JMC 1998-01 which outlined the following procedure:

Section 8.4. Communal Forest. —

8.4.1 Existing Communal Forest

The devolution to and management of the communal forest by the city and municipal governments shall be governed by the following general procedures: STcHDC

(a) DENR, through its CENRO, and the concerned LGU shall undertake the actual identification and assessment of existing communal forests. The assessment shall determine the suitability of the existing communal forests. If these are no longer suitable, then these communal forests may be disestablished. The Approval for disestablishment shall be by the RED upon recommendation of the DENR-LGU assessment Team through the PENRO and the RTD for Forestry;

(b) Existing communal forest which are found and recommended by the DENR-LGU Assessment Team as still suitable to achieve their purpose shall be maintained as such. Thereafter, the Sangguniang Panlungsod or Sangguniang Bayan where the communal forest is located shall pass resolution requesting the DENR Secretary for the turnover of said communal forest to the city or municipality. Upon receipt of said resolution, the DENR Secretary shall issue an Administrative Order officially transferring said communal forest to the concerned LGU. The DENR RED shall effect the official transfer to the concerned LGU within fifteen (15) days from the issuance of the administrative order;

(c) Within twelve months from the issuance of the Administrative Order and turnover of said communal forest to the city or municipality, the LGU to which the communal forest was transferred shall formulate and submit to the Provincial ENR Council for approval a management plan governing the sustainable development of the communal forest.

 For the purpose of formulating the communal forest management plan, DENR shall, in coordination with the concerned LGU, undertake a forest resource inventory and determine the sustainable level of forest resource utilization and provide the LGU technical assistance in all facets of forest management planning to ensure sustainable development. The management plan should include provision for replanting by the communities and the LGUs of the communal forests to ensure sustainability.

8.4.2 Establishment of New Communal Forest

The establishment of new communal forests shall be governed by the following guidelines: HDTISa

(a) DENR, through its CENRO, together with the concerned city/municipal LGU shall jointly identify potential communal forest areas within the geographic jurisdiction of the concerned city/municipality.

(b) Communal forests to be established shall be identified through a forest land use planning to be undertaken jointly between the DENR and the concerned LGU. The ensuing forest land use plan shall indicate, among others, the site and location of the communal forests within the production forest categorized as such in the forest land use plan;

(c) Once the forest land use plan has been affirmed, the local chief executive shall initiate the passage by the LGU's sanggunian of a resolution requesting the DENR Secretary to issue an Administrative Order declaring the identified area as a communal forest. The required administrative order shall be issued within sixty (60) days after receipt of the resolution;

(d) Upon acceptance of the responsibility for the communal forest, the city/municipal LGU shall formulate the management plan and submit the same to its ENR Council. The management plan shall include provision for replanting by the communities and the LGUs of the communal forests to ensure sustainability.

 The communal forests of each municipality shall in no case exceed a total of 5,000 hectares. (Emphasis Ours.)

It is clear, therefore, that before an area may be considered a communal forest, the following requirements must be accomplished: (1) an identification of potential communal forest areas within the geographic jurisdiction of the concerned city/municipality; (2) a forest land use plan which shall indicate, among other things, the site and location of the communal forests; (3) a request to the DENR Secretary through a resolution passed by the Sangguniang Bayan concerned; and (4) an administrative order issued by DENR Secretary declaring the identified area as a communal forest.

In the present case, the records are bereft of any showing that these requirements were complied with. Thus, in the absence of an established communal forest within the Municipality of General Nakar, there was no way that the subject permits to transport were issued as an incident to the management and control of a communal forest.

This is not to say, however, that compliance with abovementioned statutory requirements for the issuance of permits to transport foregoes the necessity of obtaining the Wood Recovery Permit from the DENR. As earlier discussed, the permits to transport may be issued to complement, and not substitute, the Wood Recovery Permit, and may be used only as an additional measure in the regulation of salvaged forest products. To elucidate, a person seeking to transport salvaged forest products still has to acquire a Wood Recovery Permit from the DENR as a prerequisite before obtaining the corresponding permit to transport issued by the LGU. cEDIAa

Main Issue:

The foregoing notwithstanding, Ruzol cannot be held guilty of Usurpation of Official Functions as defined and penalized under Art. 177 of the RPC, to wit:

Art. 177. Usurpation of authority or official functions. — Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. (Emphasis Ours.)

As the aforementioned provision is formulated, there are two ways of committing this crime: first, by knowingly and falsely representing himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government; or second, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so. 32 The former constitutes the crime of usurpation of authority, while the latter act constitutes the crime of usurpation of official functions. 33

In the present case, Ruzol stands accused of usurpation of official functions for issuing 221 permits to transport salvaged forest products under the alleged "pretense of official position and without being lawfully entitled to do so, such authority properly belonging to the Department of Environment and Natural Resources." 34 The Sandiganbayan ruled that all the elements of the crime were attendant in the present case because the authority to issue the subject permits belongs solely to the DENR. 35

We rule otherwise.

First, it is settled that an accused in a criminal case is presumed innocent until the contrary is proved and that to overcome the presumption, nothing but proof beyond reasonable doubt must be established by the prosecution. 36 As held by this Court in People v. Sitco: 37

The imperative of proof beyond reasonable doubt has a vital role in our criminal justice system, the accused, during a criminal prosecution, having a stake interest of immense importance, both because of the possibility that he may lose his freedom if convicted and because of the certainly that his conviction will leave a permanent stain on his reputation and name. (Emphasis supplied.)

Citing Rabanal v. People, 38 the Court further explained:

Law and jurisprudence demand proof beyond reasonable doubt before any person may be deprived of his life, liberty, or even property. Enshrined in the Bill of Rights is the right of the petitioner to be presumed innocent until the contrary is proved, and to overcome the presumption, nothing but proof beyond reasonable doubt must be established by the prosecution. The constitutional presumption of innocence requires courts to take "a more than casual consideration" of every circumstance of doubt proving the innocence of petitioner. (Emphasis added.) TEAICc

Verily, an accused is entitled to an acquittal unless his or her guilt is shown beyond reasonable doubt and it is the primordial duty of the prosecution to present its side with clarity and persuasion, so that conviction becomes the only logical and inevitable conclusion, with moral certainty. 39 As explained by this Court in People v. Berroya: 40

The necessity for proof beyond reasonable doubt lies in the fact that "(i)n a criminal prosecution, the State is arrayed against the subject; it enters the contest with a prior inculpatory finding in its hands; with unlimited means of command; with counsel usually of authority and capacity, who are regarded as public officers, and therefore as speaking semi-judicially, and with an attitude of tranquil majesty often in striking contrast to that of defendant engaged in a perturbed and distracting struggle for liberty if not for life. These inequalities of position, the law strives to meet by the rule that there is to be no conviction when there is a reasonable doubt of guilt."

Indeed, proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainty; moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. 41 However, contrary to the ruling of the Sandiganbayan, We find that a careful scrutiny of the events surrounding this case failed to prove that Ruzol is guilty beyond reasonable doubt of committing the crime of usurpation of official functions of the DENR.

We note that this case of usurpation against Ruzol rests principally on the prosecution's theory that the DENR is the only government instrumentality that can issue the permits to transport salvaged forest products. The prosecution asserted that Ruzol usurped the official functions that properly belong to the DENR.

But erstwhile discussed at length, the DENR is not the sole government agency vested with the authority to issue permits relevant to the transportation of salvaged forest products, considering that, pursuant to the general welfare clause, LGUs may also exercise such authority. Also, as can be gleaned from the records, the permits to transport were meant to complement and not to replace the Wood Recovery Permit issued by the DENR. In effect, Ruzol required the issuance of the subject permits under his authority as municipal mayor and independently of the official functions granted to the DENR. The records are likewise bereft of any showing that Ruzol made representations or false pretenses that said permits could be used in lieu of, or at the least as an excuse not to obtain, the Wood Recovery Permit from the DENR.

Second, contrary to the findings of the Sandiganbayan, Ruzol acted in good faith. HCTDIS

It bears stressing at this point that in People v. Hilvano, 42 this Court enunciated that good faith is a defense in criminal prosecutions for usurpation of official functions. 43 The term "good faith" is ordinarily used to describe that state of mind denoting "honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry; an honest intention to abstain from taking any unconscientious advantage of another, even though technicalities of law, together with absence of all information, notice, or benefit or belief of facts which render transaction unconscientious." 44 Good faith is actually a question of intention and although something internal, it can be ascertained by relying not on one's self-serving protestations of good faith but on evidence of his conduct and outward acts. 45

In dismissing Ruzol's claim of good faith, the Sandiganbayan reasoned as follows:

If it is really true that Ruzol believed himself to be authorized under R.A. 7160 to issue the subject permits, why did he have to secure the approval of the various NGOs, People's Organizations and religious organizations before issuing the said permits? He could very well have issued subject permits even without the approval of these various organizations if he truly believed that he was legally empowered to do so considering that the endorsement of these organizations is not required by law. That Ruzol had to arm himself with their endorsement could only mean that he actually knew that he had no legal basis for issuing the said permits; thus he had to look elsewhere for support and back-up. 46 (Emphasis Ours.)

We, however, cannot subscribe to this posture as there is neither legal basis nor established doctrine to draw a conclusion that good faith is negated when an accused sought another person's approval. Neither is there any doctrine in law which provides that bad faith is present when one seeks the opinion or affirmation of others. CIcTAE

Contrary to the conclusions made by the Sandiganbayan, We find that the conduct of the public consultation was not a badge of bad faith, but a sign supporting Ruzol's good intentions to regulate and monitor the movement of salvaged forest products to prevent abuse and occurrence of untoward illegal logging. In fact, the records will bear that the requirement of permits to transport was not Ruzol's decision alone; it was, as earlier narrated, a result of the collective decision of the participants during the Multi-Sectoral Consultative Assembly. As attested to by Bishop Julio Xavier Labayen, it was the participants who agreed that the subject permits be issued by the Office of the Mayor of General Nakar, through Ruzol, in the exercise of the latter's authority as local chief executive. 47

The Sandiganbayan also posits the view that Ruzol's good faith is negated by the fact that if he truly believed he was authorized to issue the subject permits, Ruzol did not have to request the presence and obtain the permission of PENRO Rogelio Delgado Sr. during the Multi-Sectoral Assembly. 48

The graft court's above posture, however, does not commend itself for concurrence. If, indeed, Ruzol willfully and deliberately intended to usurp the official functions of the DENR as averred by the prosecution, he would not have asked the presence of a DENR official who has the authority and credibility to publicly object against Ruzol's allegedly intended usurpation. Thus, the presence of PENRO Delgado during the Multi-Sectoral Assembly does not negate, but strengthens Ruzol's claim of good faith.

As a final note, We emphasize that the burden of protecting the environment is placed not on the shoulders of DENR alone — each and every one of us, whether in an official or private capacity, has his or her significant role to play. Indeed, protecting the environment is not only a responsibility but also a right for which a citizen could and should freely exercise. Considering the rampant forest denudation, environmental degradation and plaguing scarcity of natural resources, each of us is now obligated to contribute and share in the responsibility of protecting and conserving our treasured natural resources. cDTHIE

Ruzol chose to exercise this right and to share in this responsibility by exercising his authority as municipal mayor — an act which was executed with the concurrence and cooperation of non-governmental organizations, industry stakeholders, and the concerned citizens of General Nakar. Admittedly, We consider his acts as invalid but it does necessarily mean that such mistakes automatically demand Us to rule a conviction. This is in consonance with the settled principle that "all reasonable doubt intended to demonstrate error and not crime should be indulged in for the benefit of the accused."49

Under our criminal judicial system, "evil intent must unite with the unlawful act for a crime to exist," as "there can be no crime when the criminal mind is wanting." 50Actus non facit reum, nisi mens sit rea.

In the present case, the prosecution has failed to prove beyond reasonable doubt that Ruzol possessed that "criminal mind" when he issued the subject permits. What is clear from the records is that Ruzol, as municipal mayor, intended to regulate and monitor salvaged forest products within General Nakar in order to avert the occurrence of illegal logging in the area. We find that to hold him criminally liable for these seemingly noble intentions would be a step backward and would run contrary to the standing advocacy of encouraging people to take a pro-active stance in the protection of the environment and conservation of our natural resources.

Incidentally, considering the peculiar circumstances of the present case and considering further that this case demands only the determination of Ruzol's guilt or innocence for usurpation of official functions under the RPC, for which the issue on the validity of the subject Permits to Transport is only subsidiary, We hereby resolve this case only for this purpose and only in this instance, pro hac vice, and, in the interest of justice, rule in favor of Ruzol's acquittal.

IN VIEW OF THE FOREGOING, the December 19, 2008 Decision of the Sandiganbayan First Division in Criminal Case Nos. SB-08-CRIM-0039 to 0259, finding Leovegildo R. Ruzol guilty of violating Art. 177 of the Revised Penal Code, is hereby REVERSED and SET ASIDE.

Accused Leovegildo R. Ruzol is, thus, ACQUITTED on the basis of reasonable doubt of the crimes as charged. aATHIE

SO ORDERED.

Leonardo-de Castro, * Abad, Mendoza and Leonen, JJ., concur.

 

Footnotes

*Additional member per raffle dated September 16, 2009.

1.Penned by Associate Justice Alexander G. Gesmundo and concurred in by Presiding Justice Diosdado M. Peralta (now a Member of this Court) and Associate Justice Rodolfo A. Ponferrada.

2.Rollo, pp. 341-342, 155.

3.Id. at 192.

4.Id. at 147-148.

5.Id. at 148-154.

6.Id. at 157.

7.Id. at 159-161.

8.Id. at 193-194.

9.Id. at 161.

10.DAO 2000-78, entitled Regulations in the Recovery and Disposition, Abandoned Logs, Drifted Logs, Sunken Logs, Uprooted, and Fire/Typhoon Damaged Trees, Tree Stumps, Tops and Branches, Sec. 5.4.

11.Id., Sec. 2.8.

12.Id., Sec. 5.3.

13.Rollo, p. 166.

14.DAO 1992-30, entitled Guidelines for the Transfer and Implementation of DENR Functions Devolved to Local Government Units.

15.Rollo, p. 166.

16.Art. X, Sec. 2. The territorial and political subdivisions shall enjoy local autonomy.

17.Binay v. Domingo, G.R. No. 92389, September 11, 1991, 201 SCRA 508, 514.

18.G.R. No. 101083, July 30, 1993, 224 SCRA 792, 805.

19.Rollo, pp. 156, 187.

20.Sec. 1.2.

21.Batangas CATV, Inc. v. Court of Appeals, G.R. No. 138810, September 29, 2004, 439 SCRA 326, 345.

22.Id.

23.Rollo, p. 159.

24.Id. at 188.

25.LOCAL GOVERNMENT CODE, Sec. 305.

26.Id., Sec. 447 (a) (1) (u).

27.Rollo, pp. 461-578.

28.Id. at 657-670.

29.Id. at 64-65.

30.DAO 1992-30, Sec. 2.3. Communal Forest. — Refers to a tract of forest land set aside by the Secretary of the DENR for the use of the residents of a municipality from which said residents may cut, collect and remove forest products for their personal use in accordance with existing laws and regulations.

31.Rollo, p. 171.

32.L.B. Reyes, THE REVISED PENAL CODE, BOOK TWO 241-242 (2006).

33.Gigantoni v. People, No. L-74727, June 16, 1988, 162 SCRA 158, 162-163.

34.Rollo, p. 18.

35.Id. at 191.

36.RULES OF COURT, Rule 133, Sec. 2.

37.G.R. No. 178202, May 14, 2010, 620 SCRA 561, 574.

38.G.R. No. 160858, February 28, 2006, 483 SCRA 601, 617.

39.Amanquiton v. People, G.R. No. 186080, August 14, 2009, 596 SCRA 366, 373.

40.347 Phil. 410, 423 (1997).

41.RULES OF COURT, Rule 133, Sec. 2.

42.99 Phil. 655, 657 (1956).

43.In Hilvano, the accused was initially prosecuted for and convicted of "usurpation of public authority" as defined in RA 10. However, it was later found out that RA 10 was no longer applicable and that the applicable law is Art. 177 of the RPC, as amended by RA 379. Apparently, the crime of "usurpation of public authority" as designated in RA 10 was redefined and is presently what we refer to as "usurpation of official functions" defined and penalized under the second portion of Art. 177 of the RPC. In effect, Hilvano was convicted not of usurpation of authority but of usurpation of official functions.

44.Civil Service Commission v. Maala, G.R. No. 165253, August 18, 2005, 467 SCRA 390, 399; citations omitted.

45.Id.; citing Gabriel v. Mabanta, G.R. No. 142403, March 26, 2003, 399 SCRA 573.

46.Rollo, p. 180.

47.Id. at 156.

48.Id. at 181.

49.L.B. Reyes, THE REVISED PENAL CODE, BOOK TWO 48 (2006).

50.Bahilidad v. People, G.R. No. 185195, March 17, 2010, 615 SCRA 597, 608.