Case no.

G.R. No. 125797 February 15, 2002

DENr, VS. GREGORIO DARAMAN
Facts:
This is a case filed by the DENR represented by RED Israel Gaddi against Gregorio
Daraman and Narciso Lucenecio who were caught by one Pablo opinion to transport illegal
pieces of lumber using the vehicle of one Baby Lucenecio, the Holy Cross Funeral Services.
Here, the respondents alleged without proper documents. Here, Daraman and Lucenecio had
no permit to transport lumber although they
that one Asan, owner of furniture shop ask the two to bring also some pieces of wood to his
house located near the funerals location.
DENR employee, saw the vehicle and inspected it, there he saw some lumber and
issued an order of forfeiture. The court granted bond and released the funeral car and lumber
because it was found out that Daraman and Lucenecio were not owners of the vehicle and
lumber. Hence, this complaint was filed.
Issue: WON the respondents violated P.D. 705 section 68-A
Held:
Yes. The court cannot deny the fact that Section 68-A P.D. 705 is also applicable to
those who transport lumber without proper documents. Here, Daraman and Lucenecio had no
permit to transport lumber although they were only asked to bring the lumber to the house of
one Asan.
The RTC has overstepped its jurisdiction of the case since DENR was given the power
to confiscate the property in favor of the state/government. The release of this property
defeated the purpose of section 68-A of P.D. 705. Therefore, SC granted the petition of
DENR, RTCs decision was reversed and set aside.