Mrida vs. PP

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Merida v.

People of the Philippines


G.R. No. 158182, June 12, 2008, 554 SCRA 366

Syllabus: The Revised Rules of Criminal Procedure (Revised Rules) list the cases which must be
initiated by a complaint filed by specified individuals the non-compliance of which ousts the trial
court of jurisdiction from trying such cases.However, these cases concern only defamation and
other crimes against chastity and not to cases concerning Section 68 of PD No. 705, as
amended. Further, Section 80 of PD No. 705 does not 179 ACCESS TO ENVIRONMENTAL
JUSTICE: A SOURCEBOOK ON ENVIRONMENTAL RIGHTS AND LEGAL REMEDIES
prohibit an interested person from filing a complaint before any qualified officer for violation of
Section 68 of PD No. 705, as amended.

FACTS
Tansiongco discovered Sesinando Merida cutting down a narra tree on his private land, the
Mayod Property. Tansiongco made a report to the punong barangay, who called a discussion
with the petitioner. Throughout that discussion, Merida revealed extrajudicial confessions
admitting he did cut the tree, only with the approval of one Vicar Calix, whom he claims
purchased the Mayod Property from Tansiongco. Tansiongco made a report once more, this time
to the DENR. Merida made the same unjustified statements.
Tansiongco filed a formal complaint with the Provincial Prosecutor, accusing Merida of
violating Section 68 of PD No. 705 of the Penal Code. The Prosecutor determined that there was
sufficient evidence and submitted the evidence with the trial court. Merida was convicted as
accused by the trial court. The Court of Appeals upheld the trial court's decision.
ISSUE
(1) If the trial court had power of judicial review as it was brought by a private citizen
rather than a DENR forest officer.
(2) That Merida is in violation of PD No. 705 Section 68.
RULING
(1) Yes. The court's decision was given authority.
The list of cases which must be launched by complainant, according the Revised
Rules of Criminal Procedure, doesn't include the situations involving Section 68 of PD
No. 705. Furthermore, "Section 80 of PD No. 705 somehow doesn't restrict an affected
individual for submitting a charge before such a qualifying authority for such a violation
of Section 68 of PD No. 705, as modified."
(2) Yes. Merida is in violation of Section 68 of PD No. 705.
Merida insisted towards the investigators how he had destroyed a narra tree
somewhat on Mayod premises. As a result, his discretionary statements constrain him.

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