LEGAL MEMORANDUM

To: Atty. Arsenik B. Pagaduan

From: Atty. John Christian P. Genova
Date: 10 June 2024
RE: Reliable Trucking, Inc.; File No. 2717; Potential Liabilities for Mr. Yunga Murder Case,
and Confiscation of Subject Truck for Transporting Illegal Timbers Owner by Fast Haulers, Inc.

QUESTION PRESENTED

Under Philippine law, is there a ground for confiscation of the truck used to transport the
illegal timber even though the said truck is owned by a third person and not by the owner of the
illegal timber itself?
BRIEF ANSWER

Yes. Under the Revised Forestry Code and, the court can confiscate the forest products and
the machinery, equipment, implements, and tools used. This is supplemented by Article 45 of the
Revised Penal Code, which states that the courts can order the confiscation of the instruments and
tools used in the commission of the crime in favor of the government. The truck owned by Reliable
Trucking, Inc., driven by Mr. Yunga, was transporting timber that did not have the necessary
permits and licenses.

STATEMENT OF FACTS

The client, CEO of Reliable Trucking, Inc., Mr. Mapagtiwala, is concerned about the legal
grounds that will subject the truck to confiscation, stemming from the transportation of illegal
timbers by their client, Fast Haulers, Inc. On 15 May 2024, Fast Haulers, Inc. engaged Reliable
Trucking, Inc. to haul and transport timbers. The CEO of Fast Haulers, Inc., Mr. Kala Makatotoo,
assured Reliable Trucking, Inc. that the timber to be transported has all the necessary permits and
licenses from the government. While driving the truck, Mr. Yunga had an altercation with Mr.
Minalas, which resulted to Mr. Yunga shooting Mr. Minalas with a pistol. Mr. Yunga then fled
from the scene while driving the truck and was apprehended by police officers along SLEX. While
Mr. Yunga was detained in the police station, it was found out that the timber being transported
by him does not have the necessary permits and licenses from the government. Given the same,
the police said that the timber and the truck used to transport the same shall be confiscated by the
government.

DISCUSSION
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Event 1: Upon finding out that there were no licenses and permits for the timber, the police said
that the timber and the truck used to transport the same shall be confiscated by the government.
Legal Theory: Section 68 of P.D. 705 or the Revised Forestry Code of the Philippines in relation
to Article 45 of the Revised Penal Code
Controlling Rule:
a. The Court shall further order the confiscation in favor of the government of the timber or forest
products to cut, gathered, collected or removed, and the machinery, equipment, implements and
tools used therein, and the forfeiture of his improvements in the area.
b. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those articles
which are not subject of lawful commerce shall be destroyed.

Event 2: The truck was carrying timber without permits and licenses.
Legal Theory: P.D. 1612 or Anti-Fencing Law
Controlling Rule:
a. Any goods, article, item, or object or anything of value acquired from any source for which no
receipt or equivalent document evidencing the legality of its acquisition could be presented by the
present possessor or holder thereof, or the covering receipt, or equivalent document, of which is
fake, falsified or irregularly obtained, shall be presumed as having been acquired from an
unlicensed dealer or supplier and the possessor or holder thereof must secure the required clearance
or permit before the same can be sold or offered for sale to the public.

Event 3: The truck of Reliable Trucking, Inc. was used to transport timber.
Legal Theory: Section 2(c) of DENR-Administrative Order No. 97-32
Controlling Rule: CONVEYANCE — any mode or type or class of vehicle or craft or any other
means used for transportation either on land, water, air, or any combination thereof, whether
motorized or not, used for or in taking and/or maintaining temporary or permanent possession or
control, gathering, collecting, processing, disposing of, or otherwise transporting, moving or
transferring illegal forest products.

Event 4: Mr. Kala Makatotoo assured Reliable Trucking, Inc. that the timber to be transported has
all the necessary permits and licenses from the government.
Legal Theory: People v. Jose, G.R. No. L-28232, February 6, 1971, 37 SCRA 450
Controlling Rule: Article 45 of the Revised Penal Code bars the confiscation and forfeiture of an
instrument or tool used in the commission of the crime if such "be the property of a third person
not liable for the offense."

It is unlikely that the truck of Reliable Trucking, Inc., that was used in the transportation
of the timber, will be confiscated in favor of the government. In the Forestry Code, the courts