Scribd
Upload
141 views

NatRes Digested Case

Mustang Lumber was apprehended for transporting lauan and almaciga lumber without proper documentation. Their truck and lumberyard were searched and confiscated lumber was ordered to be disposed. Mustang Lumber claimed possession of lumber was not penalized under Section 68 of P.D. No. 705, only timber. However, the court held that Section 68 does cover possession of lumber as lumber is defined as processed timber or logs. The revised forestry code's definition of forest products includes lumber.

Uploaded by

Jeng Gacal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
141 views

NatRes Digested Case

Mustang Lumber was apprehended for transporting lauan and almaciga lumber without proper documentation. Their truck and lumberyard were searched and confiscated lumber was ordered to be disposed. Mustang Lumber claimed possession of lumber was not penalized under Section 68 of P.D. No. 705, only timber. However, the court held that Section 68 does cover possession of lumber as lumber is defined as processed timber or logs. The revised forestry code's definition of forest products includes lumber.

Uploaded by

Jeng Gacal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Mustang Lumber, Inc. v.

Court of Appeals
G.R. No. 104988, June 18, 1996
257 SCRA 430

Facts:

The present suit is a consolidation of three cases, the first case being the one
pertinent to environmental law.

An organized team of foresters and policemen apprehended the truck belonging to


Mustang Lumber, Inc. Which contained lauan and almaciga lumber of assorted sizes
and dimensions. The driver was unable to produce the necessary legal documents,
thus the team seized the truck. Afterwards, the team obtained a search warrant to
inspect the premises of Mustang Lumber. During the search, the team found more
lumber in the lumberyard without the necessary papers, thus, the lumber we’re
confiscated. Secretary Factoran ordered the disposal of the confiscated lumber. A
Complaint against Mustang Lumber’s president and general manager was filed in
court. Mustang Lumber filed a motion to quash on the grounds that “ the information
does not charge an offense. According to Mustang Lumber, the possession of lumber
as opposed to timber is not penalized under Section 68 of P.D. No. 705.

Issue:

Whether or Not the possession of Lumber, as opposed to timber, is penalized in


Section 68 of P.D. No. 705

Held:

Yes, the possession of lumber is covered by Section 68 of P.D. No.705. While the
revised forestry code does not contain any definition of timber or lumber, it does
define forest products. The definition of timber or lumber, does define as Plants
includes lumber, to wit. “ processing plant is any mechanical set-up, machine or
combination of machine used for the processing of logs and the other forest raw
materials into lumber, veneer, plywood,wallboard, blackboard, paper board, pulp,
paper or other finished wood product”.

“This simply means that the lumber is processed log or processed forest raw
material. Clearly, the code uses the term lumber in its ordinary or common usage. In
the 1993 copyright edition of Webster's Third New International Dictionary, Lumber is
defined, inter alia, as timber or logs after being prepared for the market”. Simply put,
is a processed log or timber”.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy