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Lalican vs. Vergara

EPIFANIO LALICAN, petitioner vs. HON. FILOMENO A. VERGARA, Presiding Judge, RTC Branch 52, Puerto Princesa City and PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 108619 | 1997-07-31

D E C I S I O N

ROMERO, J.:

The issue posed for resolution in this petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order is whether or not a charge of illegal possession of "lumber" is excluded from the crime of illegal possession of "timber" as defined in Sec. 68 of Presidential Decree No. 705 (The Forestry Reform Code of the Philippines), as amended, to warrant the quashal of an information charging the former offense or a "nonexistent crime."

On July 23, 1991, an information for violation of Section 68 of P.D. No. 705, as amended by Executive Order No. 277, was...