B2022 REPORTS ANNOTATED VOL # [April 27, 2000]

Calub v. CA Calub v. CA

I. Summary Constancio Abuganda and Pio Gabon, the drivers of the vehicles, failed to present
proper documents and/or licenses. Thus, the apprehending team seized and
The DENR apprehended two (2) motor vehicles: driven by Gabon (HAK-733) and impounded the vehicles and its load of lumber at the DENR Office in Catbalogan.
by Abuganda (FCN-143). These were impounded because the drivers of the vehicles,
failed to present proper documents and/or licenses of the illegally-sourced lumber Felipe Calub, Provincial Environment and Natural Resources Officer, then filed
loaded to such vehicles. However, the impounded vehicles were forcibly taken by before the Provincial Prosecutor's Office in Samar, a criminal complaint against
Gabon and Abuganda from the custody of the DENR. Eleven days later, one of the Abuganda for violation of Section 78, of the Revised Forestry Code.
two vehicles, with plate number FCN 143, was again apprehended.

Calub duly filed a criminal complaint against Constancio Abuganda, a certain On January 31, 1992, the impounded vehicles were forcibly taken by Gabon and
Abegonia, and several John Does, for violation of Section 78, of the Revised Forestry Abuganda from the custody of the DENR. On February 11, 1992, one of the two
Code. However, Abegonia and Abuganda were acquitted on the ground of reasonable vehicles, with plate number FCN 143, was again apprehended by a composite team
doubt. Subsequently, herein private respondents Manuela Babalcon, the vehicle of DENR and Philippine Army elements of the at Barangay Buray, Paranas, Samar.
owner, and Constancio Abuganda, the driver, filed a complaint for the recovery of It was again loaded with forest products with an equivalent volume of 1,005.47
possession of the two (2) impounded vehicles with an application for replevin against board feet, valued at P10,054.70.
herein petitioners before the RTC of Catbalogan. The trial court granted it. Through
their petition of certiorari to the Supreme Court, which later remanded it to the CA, Calub duly filed a criminal complaint against Constancio Abuganda, a certain
the latter denied said petition for lack of merit. The petitioners argue that the motor Abegonia, and several John Does, for violation of Section 78, of the Revised
vehicles are in custodia legis, which cannot be recovered through a writ of replevin Forestry Code. However, Abegonia and Abuganda were acquitted on the ground of
reasonable doubt. But the trial court ordered that a copy of the decision be furnished
The Supreme Court held that since there was a violation of the Revised Forestry Code the Secretary of Justice, in order that the necessary criminal action may be filed
and the seizure was in accordance with law, in our view the subject vehicles were against Noe Pagarao and all other persons responsible for violation of the Revised
validly deemed in custodia legis. It could not be subject to an action for replevin. For Forestry Code. For it appeared that it was Pagarao who chartered the subject vehicle
it is property lawfully taken by virtue of legal process and considered in the custody and ordered that cut timber be loaded on it.
of the law, and not otherwise.
Subsequently, herein private respondents Manuela Babalcon, the vehicle owner,
II. Facts of the case and Constancio Abuganda, the driver, filed a complaint for the recovery of
possession of the two (2) impounded vehicles with an application for replevin
On January 28, 1992, the Forest Protection and Law Enforcement Team of the against herein petitioners before the RTC of Catbalogan. The trial court granted
Community Environment and Natural Resources Office (CENRO) of the DENR the application for replevin and issued the corresponding writ in an Order Petitioners
apprehended two (2) motor vehicles, described as follows: filed a motion to dismiss which was denied by the trial court. Through their petition
of certiorari to the Supreme Court, which later remanded it to the CA, the latter
denied said petition for lack of merit.
1. Motor Vehicle with Plate No. HAK-733 loaded with 1,026 board feet
of illegally sourced lumber valued at P8,544.75, driven by one Pio Gabon
and owned by Jose Vargas. The petitioners argue that the motor vehicles are in custodia legis, which cannot be
recovered through a writ of replevin
2. Motor Vehicle with Plate No. FCN-143 loaded with 1,224.97 board
feet of illegally-sourced lumber valued at P9,187.27, driven by one III. Issue/s
Constancio Abuganda and owned by Manuela Babalcon.
(1) Whether or not the DENR-seized motor vehicle, with plate number FCN 143, is
in custodia legis. YES (Main Issue)

G.R. NO: 115634 PONENTE:

Calub v. CA Calub v. CA

(2) Whether or not the complaint for the recovery of possession of impounded the Writ of replevin issued in the Order dated April 24, 1992, are ANNULLED. The
vehicles, with an application for replevin, is a suit against the State. YES Sheriff of the Regional Trial Court of Catbalogan, Branch 29, is directed to take
possession of the subject motor vehicle, with plate number FCN 143, for delivery to
IV. Ratio/Legal Basis the custody of and appropriate disposition by petitioners. Let a copy of this decision
be provided the Honorable Secretary of Justice for his appropriate action, against
(1) YES, the motor vehicles are in custodia legis; hence cannot be subjected to any and all persons responsible for the above cited violation of the Revised Forestry
a writ of replevin. Since there was a violation of the Revised Forestry Code Code.
and the seizure was in accordance with law, in our view the subject vehicles
were validly deemed in custodia legis. It could not be subject to an action Costs against private respondents.
for replevin. For it is property lawfully taken by virtue of legal process and
considered in the custody of the law, and not otherwise. SO ORDERED.
- Upon apprehension of the illegally-cut timber while being transported
without pertinent documents that could evidence title to or right to
possession of said timber, a warrantless seizure of the involved vehicles and VI. Notes
their load was allowed under Section 78 and 89 of the Revised Forestry
Code. (check notes for the provisions) Revised Forestry Code:
- The CA argued that petitioners' failure to observe the procedure outlined in
DENR Administrative Order No. 59. However, this is justified because Sec. 78. Cutting, Gathering, and/or Collecting Timber, or Other Forest Products
before the petitioners can file a report, the said drivers forcibly took the without License. — Any person who shall cut, gather, collect, remove timber or other
impounded vehicles from the custody of the DENR. Then again, when one forest products from any forestland, or timber from alienable or disposable public
of the motor vehicles was apprehended and impounded for the second time, land, or from private land, without any authority, or possess timber or other forest
the petitioners, again were not able to report the seizure to the DENR products without the legal documents as required under existing forest laws and
Secretary nor give a written notice to the owner of the vehicle because regulations, shall be punished with the penalties imposed under Articles 309 and
private respondents immediately went to court and applied for a writ of 310 of the Revised Penal Code. . .
replevin.
- The seizure of the vehicles and their load was done upon their apprehension The Court shall further order the confiscation in favor of the government of the timber
for a violation of the Revised Forestry Code. It would be absurd to require or any forest products cut, gathered, collected, removed, or possessed, as well as the
a confiscation order or notice and hearing before said seizure could be machinery, equipment, implements and tools illegally used in the area where the
effected under the circumstances. timber or forest products are found.

(2) YES, a suit against a public officer for his official acts is, in effect, a suit Sec. 78-A. Administrative Authority of the Department Head or His Duly Authorized
against the State if its purpose is to hold the State ultimately liable. 23 Representative to Order Confiscation. — In all cases of violation of this Code or other
However, the protection afforded to public officers by this doctrine forest laws, rules and regulations, the Department Head or his duly authorized
generally applies only to activities within the scope of their authority in representative, may order the confiscation of any forest products illegally cut,
good faith and without willfulness, malice or corruption. 24 In the present gathered, removed, or possessed or abandoned, and all conveyances used either by
case, the acts for which the petitioners are being called to account were land, water or air in the commission of the offense and to dispose of the same in
performed by them in the discharge of their official duties. The acts in accordance with pertinent laws, regulations or policies on the matter.
question are clearly official in nature.
Sec. 89. Arrest; Institution of criminal actions. — A forest officer or employee of the
V. Disposition Bureau [Department] or any personnel of the Philippine Constabulary/Philippine
ACCORDINGLY, the Petition is GRANTED, and the assailed Decision of the National Police shall arrest even without warrant any person who has committed or is
Court of Appeals in CA-G.R. SP No. 29191 is SET ASIDE. Consequently, the committing in his presence any of the offenses defined in this Chapter. He shall also
Order issued by the Regional Trial Court of Catbalogan, dated May 27, 1992, and seize and confiscate, in favor of the Government, the tools and equipment used
in committing the offense. . . [Emphasis supplied.]

G.R. NO: 115634 PONENTE: