Muslim trader's case slept for 19 months at prosecutor's office
No wonder our courts' dockets are clogged.
It took one year and seven months for the chief of the City Prosecution Office (CPO) to take notice of the complaint filed against a Muslim trader by the National Bureau of Investigation (NBI) relative to the lumber confiscated by the latter in December 2004.
If not for the inquiries by the media last week it was not discovered that the case filed against couple Abdul Wahab Karim and Meril Karim was dismissed by former prosecutor and now Regional Trial Court (RTC) Judge Gloria Madero.
In a five-page resolution Madero stated that the NBI failed to prove that the respondents violated Section 78 of Presidential Decree 705 as amended otherwise known as the Revised Forestry Code of the Philippines.
Section 78 of Presidential Decree 705 governs on unlawful occupation or destruction of forest lands. The said section states any person who enters and occupies or possesses, makes "kaingin" for his own private use or for others, any forest lands without authority under a license agreement lease, license or permit or in any manner destroys such forestland or part thereof or causes any damage to the timber stand and other products and other forest growths found therein or who assists, aids or abets any other person to do so, or sets fire or negligently permits a fire to be set in any forest land shall upon conviction be fined in an amount of not less than P500 nor more than P20,000 and imprisoned for not less than six months nor more than two years for each offense and be held liable to the payment of 10 times the rental fees and other charges which have been accrued had the occupation and use of the land been authorized under a license agreement, lease or permit.
"A careful perusal of the Section 78, PD 705 which according to the NBI was violated by respondents viz-a-viz the evidence adduced by them does not at all prove any criminal liability," Madero explained.
Madero's resolution on the couple's case was dated February 25, 2005. Chief City Prosecutor Efrain Baldago only saw the resolution last week.
The couple's case got the media attention after it was reported that some of the confiscated lumber were allegedly stolen by government agents in which the NBI denied.
Madero also said that "there is nothing in the sworn statement of complaining witnesses (NBI) does it appear that respondents (Karim couple) have violated said offense in fact, the last paragraphs of their affidavit stated that they (NBI) have yet to verify the authenticity of the documents they were questioning."
The resolution also clearly discussed that the violation referring to the excess is under the control and supervision of the Secretary of the Department of Environment and Natural Resources which is "tasked to implement and shall have jurisdiction over the instant case under Section 5 thereof and under DENR Memo Circular No. 21, Series of 1994.
The order also states that issuance of an apprehension receipt by the DENR-CENRO only proves that administrative remedies were being exhausted by the DENR-CENRO in the proper disposition of the case.
The complaint against the couple emanated from the NBI's operation last December 16, 2004 at the Muelle Loney, City Proper where the government agents led by Jeremiah Sargado confiscated the whole shipment of "tablon."
In their complaint, the NBI said the couple's shipment came to a total of 30,693 board feet or 2,112 pieces. They said there is an excess of 8,840.55 board feet which they considered undocumented or illegally possessed in violation of Section 78 of PD 705.
In his counter-affidavit, Abdul Wahab said he is an authorized shipper of the 20,317,80 of lumber is covered by CLO No. 022755 and consigned to Meril Lumber Dealer. "The shipment came from legitimate source and should there be excess volume it was done inadvertently without his knowledge and participation." The couple also presented several documents relative to the shipment.