Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Mamburao, Occidental Mindoro

PO3 HOWELL JOHANN GONZALES NSP Docket No. IV-06-INV-15C-00087

Complainant,

vs -for-

FEDERICO LOYOLA @ “Ato”, MIKE ROXAS , Malicious Mischief

Respondents.
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RESOLUTION

A complaint was filed by PO3 Howell Johann Gonzales in behalf of the Department of
Environment and Natural Resources Region IV-B Law Enforcement Supervision, charging the
respondents Federico Loyola @ “Ato” and Mike Roxas for violation of Section 77 of PD. 705
as amended by EO. No.277 and further amended by R.A. 7161.

In support of the complaint are the following: a) Affidavit of PO3 Howell Johan
Gonzales; b) Affidavit of witness Mr. RonaldyMaurin; c) Spot Report; d) Apprehension receipt;
e) Seizure receipt; f) Turn over receipt; g) Photo of the sacks of charcoal on board a truck trailer.

Statement of Facts

Gleaned from the affidavit of herein complainant PO3 Howell Johann Gonzales a
member of PNP Maritime Group, assigned at the Intelligence and Investigation Section of
MARPSTA 4B-03 and witness Ronaldy Maurin that on March 14, 2015, at around 4:40 o’clock
in the morningcomplainant received an information from one BricioLalong-Isip that a truck with
plate number RED-234with marking “ANJO Fish Dealer” is loaded with undetermined number
of sacks of charcoal without proper documentation. Upon receipt of the information complainant
informed Mr. Ronaldy Maurin the employee of the Municipal Treasurer’s Office of Abra de Ilog,
Occidental Mindoro on duty at Matabang Port brgy. Lumang Bayan, Abra De Ilog, Occidental
Mindoro. Thereafter complainant requested Mr. Maurin for assistance in conducting the
inspection and verificationsaid truck and its load pursuant to the implementation of the Revised
Revenue Code of Abra De Ilog, Occidental Mindoro series of 2003. The subject truck arrived at
the Matabang Port Brgy. Lumang Bayan, Abra de Ilog, Occidental Mindoro around 4:50 o’clock
in the morning of that same dayto board the Vessel Maria Zenaida of Montenegro Shipping
Lines bound for Batangas Pier.Upon seeing the subject Truck Complainant and witness
immediately approached and introduced themselves to the respondent Mr. Mike Roxas the driver
of the said truck, and Mr. Maurin demanded the respondent to show receipt pertaining to the
goods contained on the truck. Since respondent failed to produce any receipt Mr. Maurin was
prompted to inquire on the weight of fish containers the truck is transporting. Respondent replied
that he could not estimate so it would be better if they check so respondent then opened the
trailer revealing that other than the fish containers, there were also five (5) sacks of charcoal
loaded on the truck. At this juncture complainant PO3 Howell Johann Gonzales
introducedhimself as a member ofPNP maritime group andhe inquired if the respondent has the
necessary documentation covering the five (5) sacks of charcoal, respondent is transporting,
butrespondent was unable to produce any documents and answered that it was only for personal
consumption. Complainant then proceeded to inform respondent that possession of said forest
products without the proper license or documents from DENR is in violation of P.D.705, due to
the damage that the perishable goods may incur by reason of any further delaycomplainant
allowed to release the truck but confiscated the sacks of charcoal. Which complainant delivered
the confiscated sacks of charcoalat around 7:00 o’clock in the morning and turned over to Mr.
Hubert Kang Chief of The Law Enforcement Unit of PENRO Mamburao. The statement of the
complainant was corroborated by witness Mr. RolandyMaurinin his affidavit.

A subpoena was issued and sent by the Office of the Provincial Prosecutor, Mamburao,
Occidental Mindoro to the respondents, Gg. Mike Roxas on his Sinumpaang Kontra-Salaysay, he
denied the allegations of the complainant, maintaining that while he was sitting on the driver seat
of the subject truck one “Freddie” an employee of the Abra de Ilog Pier approached him and
whispered, that PO3 Gonzales is soliciting fish from the fish crates loaded in the subject truck.
Respondent denied the request stating that the trailer doors were already locked and that the wife
of the owner of the truck was already asleep and he being only a driver could not give concent.
That at around 4:40 o’clock in the morning, someone knocked at the door of the subject truck
who introduced himself as PO3 Gonzales a member of PNP maritime assigned at the Abra de
Ilog Pier, and asked respondent to show receipt pertaining to goods loaded on the truck,
Respondent proceeded to wake up the wife of the owner of the truck, at this point PO3 left and
returned with the company of Gg. Ronaldy Maurin who respondent came to know to be the
employee of the Municipal Treasurer’s Office of Abra de Ilog, Occidental Mindoro on duty at
Matabang Port brgy. Lumang Bayan, Abra De Ilog, Occidental Mindoro. Then they were asked
by witness to show the receipt for the fishes loaded on the truck, that after showing the receipt
complainant and Gg. Ronaldy Maurin insisted that the trailer of the truck be opened in order that
the number of fish crates be counted. Upon opening the trailer doors they found 4 sacks of
charcoal which Complainant informed them that possession of this sacks without the proper
permit is illegal and then proceeded to confiscate the 4 sacks of charcoals. Respondent Federico
Loyola did not submit any counter affidavit however, Gng. Chit Loyola y Perrera executed a
Sinumpaang Kontra-Salaysay corroborating the Sinumpaan Kontra-Salaysay executed by
Respondent Mike Roxas. In her statement She claims that she was the wife of the owner of the
truck who was with respondent driver, that she was the one who bought the charcoal along their
way to Abra de Ilog Pier and that it was for the consumption of her children who were in
Batangas, that there were only four(4) sacks of charcoal and not five(5) the remaining one(1)
sack contains rice and she called her husband in her cellphone to talk to complainant and then
allowed them to board the vessel. Likewise a Sinumpaang Kontra-Salaysay was executed by Gg.
Renato Loyola which corroborated the Sinumaang Kontra-Salaysay of respondent and Gng. Chit
Loyola y Perrera.

Analysis, Findings and Recommendations

Sections 78 of PD. 705 as amended by P.D. 1559 and EO. No.277 as amended, which
provides that: Cutting, Gathering and/or collecting Timber, or Other Forest Products
Without License. Any person who shall cut, gather, collect, removed timber or other forest
products from any forest land, or timber from alienable or disposable public land, or from private
land, without any authority, or possess timber or other forest products without the legal
documents as required under existing forest laws and regulations, shall be punished with the
penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the
case of partnerships, associations, or corporations, the officers who ordered the cutting,
gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in
addition to the penalty, be deported without further proceedings on the part of the Commission
on Immigration and Deportation.

There are three(3) acts punished under this provision of Sections 78 of PD. 705 as
amended by P.D. 1559 and EO. No.277 as amended which are the following;

1.) For Any person who shall cut, gather, collect, removed timber or other forest
products from any forest land without authority.
2.) Cutting, Gathering, collecting or removing timber from alienable or disposable
public land or from private land without authority.
3.) Possession of timber or other forest products without the legal documents as required
under existing forest laws and regulation

Based on the evidence presented on record, it appears that respondent acts constitute a violation
of third (3rd) punishable offense which is Possession of timber or other forest products
without the legal documents. Because what is material in order to constitute a violation of
Sections 78 of PD. 705 as amended by P.D. 1559 and EO. No.277 as amended is that the
possession of the timber or other forest product is without the legal documents as required by
forest laws and regulations.
 Respondent alleged that there were only 4 sacks of charcoal and that it was bought for personal
consumption, however respondent was unable to show that he had the proper legal documents
required under the forest laws and regulations to possess and transport the sacks of charcoal thus
he has already violated the provision of Sections 78 of PD. 705 as amended by P.D. 1559 and
EO. No.277 as amended

In view of the foregoing and after careful evaluation of the statements/ argument posited
by both parties, this office finds reasonable ground to believe that violation of Sections 78 of PD.
705 as amended by P.D. 1559 and EO. No.277 as amended has been committed and that the
respondent is probably guilty thereof.

Section 5 of Rule 110 of THE REVISED RULES OF CRIMINAL PROCEDURE provides

that, “Who must prosecute criminal actions. — All criminal actions commenced by a complaint
or information shall be prosecuted under the direction and control of the prosecutor”.
Prosecuting officers under the power vested in them by the law, not only have the authority but
also the duty of prosecuting persons who, according to the evidence received from the
complainant, are shown to be guilty of a crime committed within the jurisdiction of their office.
They have equally the duty not to prosecute when the evidence adduced is not sufficient to
establish a prima facie case. Considering the facts and the record as far as respondent Federico
Loyola there is no probable cause for respondent to be included due to the fact that he was not
found to be in possession of the confiscated sacks of charcoal, however Gng. Chit Loyola y
Perrera who admitted in her Sinumpaang Kontra-Salaysay that she bought the said sacks of
charcoal and accompanying respondent Mike Roxas in transporting the charcoal, admission
being the highest form of evidence, this Office of the Provincial Prosecutor of Mamburao,
Occidental Mindoro, finds it just and necessary to include Gng. Chit Loyola y Perrera for the
charge of violation of Sections 78 of PD. 705 as amended by P.D. 1559 and EO. No.277 as
amended.

WHEREFORE, in view of the foregoing, there being a finding of probable cause that
Violation of Sections 89-A of PD. 705 as amended by EO. No.277 and further amended by R.A.
7161 has been committed, this office most respectfully submits that a charge for Sections 78 of PD.
705 as amended by P.D. 1559 and EO. No.277 as amended. be filed against respondent Gg.
Mike Roxas, Gng. Chit Loyola y Perrera and the complaint against Federico Loyola be
DISMISSED for lack of probable cause.

Mamburao, Occidental Mindoro, September 10, 2017

 Rowena B. Garcia
Deputy Provincial Prosecutor
MCLE Compliance No. V-0005784

Approved by:

Atty. Dante V. Ramirez

Provincial Prosecutor
MCLE Compliance No. IV-0001839

Republic of the Philippines

Department of Justice