TAOPA Vs People

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TAOPA vs.

People

FACTS: The Community Environment and Natural Resources Office of Virac, Catanduanes seized a truck loaded
with illegally-cut lumber (113 pieces of lumber of Philippine Mahogany Group and Apitong species) without any
authority and/or legal documents as required under existing forest laws and regulations, prejudicial to the public
interest and arrested its driver, Placido Cuison. The lumber was covered with bundles of abaca fiber to prevent
detection. On investigation, Cuison pointed to petitioner Amado Taopa and a certain Rufino Ogalesco as the owners
of the seized lumber.

Taopa, Ogalesco and Cuison were charged with violating Section 68 of Presidential Decree (PD) No. 705 as
amended, in the RTC Virac, Catanduanes. Taopa, Ogalesco and Cuison pleaded not guilty on arraignment. After trial
on the merits, RTC found them guilty as charged beyond reasonable doubt.

Only Taopa and Cuison appealed to CA, Cuison was acquitted but Taopa's conviction was affirmed.
In his petition, Taopa seeks his acquittal from the charges against him alleging that the prosecution failed to
prove that he was one of the owners of the seized lumber as he was not in the truck when the lumber was seized.

ISSUE: WON taopa is guilty of violating Section 68 of PD No. 705, as amended

HELD: YES. Petition is denied.

Both RTC and CA gave no consideration to Taopa's alibi because Cusion's testimony proved Taopa's active
participation in the transport of the seized lumber RTC and CA found that the truck was loaded with the cargo in front
of Taopa's house and that Taopa and Ogalesco were accompanying the truck driven by Cuison up to where the truck
and lumber were seized. These facts proved Taopa's (and Ogalesco's) exercise of dominion and control over the
lumber loaded in the truck. The acts of Taopa (and of his co-accused Ogalesco) constituted possession of timber or
other forest products without the required legal documents.
The mere fact that Taopa and Ogalesco ran away at the mere sight of the police was likewise largely indicative
of guilt. Court is convinced that Taopa and Ogalesco were owners of the seized lumber.

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