PP v. Revaldo

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REVALDO V. PEOPLE OF THE PHILIPPINES CASE DIGEST FACTS: 1.

Petitioner Olympio Revaldo was charged with the offense of illegal possession of premi m hardwood l m!er in violation of Section "# of the Forestry Code. $. On % ne 1#& 1''$& (aceda together with the other policemen went to the ho se of the petitioner to verify the report of S nit that petitioner had in his possession l m!er witho t necessary doc ments. ). The policemen were not armed with a search warrant on that day and confiscated $* pieces of l m!er of different varieties lying aro nd the vicinity of the ho se of petitioner. +. The petitioner contends that the warrantless search and sei, re cond cted !y the police officers was illegal and th s the items sei,ed sho ld not have !een admitted in evidence against him. -. The respondent contends that even witho t a search warrant& the personnel of the P.P can sei,e the forest prod cts c t& gathered or ta/en !y an offender p rs ant to Section #* of the Forestry Code. 0SS12S: R140.5: The decision of the of the CA was affirmed convicting the petitioner for violation of Section "# 6now Section 778 of the Forestry code& as amended& with (O90F0CAT0O. as regards the penalty in that petitioner Olympio Revaldo is sentenced to s ffer indeterminate penalty of fo r 6+8 months and one 618 day of arresto mayor as minim m& to to 6$8 years& fo r 6+8 months and one 618 day of prision correccional& as ma:im m. The arrest of Olympio Revaldo was not illegal. Section #* of the Forestry Code provides that a forest officer or employee of the ; rea or any personnel of the Philippine Consta! lary<Philippine .ational Police shall arrest even witho t warrant any person who has committed or is committing in his presence any of the offenses defined in this chapter. =e shall also confiscate& in favor of the 5overnment& the tools and e> ipment sed in committing the offense& and the forest prod cts c t& gathered or ta/en !y the offender in the process of committing the offense. 9OCTR0.2: 3hether or not the mere possession of the l m!er witho t legal doc ments gives rise to criminal lia!ility 3hether or not the arrest of Olympio Revaldo was illegal

Section "# of the Forestry Code Section #* of the Forestry Code Article )*' 6)8 in relation to Article )1* of the Revised Penal Code

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