G.R. No. 193313 - ERNIE IDANAN, NANLY DEL BARRIO AND MARLON PLOPENIO, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the prosecution having proved the guilt of all the accused beyond reasonable doubt, the Court hereby sentences accused Ernie Idanan, Nanly del Barrio, Marlon Plopenio, Roberto Vargas and Elmer Tulod to suffer the imprisonment ranging from ten (10) years and one (1) day of prision mayor, as minimum, to sixteen (16) years, five (5) months and eleven (11) days of reclusion temporal, as maximum. The 29 pieces of narra lumber subject of this case are forfeited in favor of the government. [10] The trial court relied on the presumption of regularity in the performance of official duty in giving credence to the testimonies of the police officers. Moreover, there was no evidence manifesting ill motive on the part of the police officers to falsely testify against the accused. The trial court held that possession of 29 pieces of narra lumber with gross volume of 1.69 cubic meters and estimated value of P275,844.80 without any documentation clearly constitutes an offense punishable under PD 705, as amended. Tulod and Vargas are at large. [11] On 29 March 2010, the Court of Appeals rendered its decision affirming petitioner's conviction. Petitioners maintain that the prosecution failed to prove beyond reasonable doubt all the elements of the offense charged. Relying on an illegal possession of firearm case where the Court held that to support a conviction, there must be possession coupled with intent to possess, petitioners assert that their intent to possess the subject narra lumber must be proven beyond reasonable doubt. In the case of Tulod and Vargas, they claim that they were merely hired to load the lumber on the truck. On the part of Idanan, he admitted that the truck was owned by his father. Thus, their possession over the lumber is considered temporary, incidental, casual and harmless. Del Barrio and Plopenio meanwhile were merely present at the crime scene. Petitioners note the testimony of the Chief of Police is far from being candid and straightforward when he had to be coached by the prosecutor on matters relative to the arrest of the accused. Petitioners accuse the police officers of planting evidence against them because since the assumption of the Chief of Police to his post, he had never apprehended anybody for illegal possession of lumber. Petitioners assert that their testimonies are candid and spontaneous. They even cite the testimonies of the barangay officials as corroborative of their defense that the truck confiscated by the police officers had no narra lumber on it. In their Comment, [12] the Office of the Solicitor General (OSG) noted that petitioners were apprehended by the police offices in flagrante delicto as they were transporting 29 pieces of narra lumber along Kilometer 12 in Barangay San Miguel, Panganiban, Catanduanes without the required documentation. The OSG added that mere possession of timber or other forest products without the accompanying legal documents consummates the crime. Finally, the OSG defended the