This case has been cited 1 times or more.
|
2014-04-29 |
PERALTA, J. |
||||
| In addition, the proposal will not only affect crimes under the RPC. It will also affect crimes which are punishable by special penal laws, such as Illegal Logging or Violation of Section 68 of Presidential Decree No. 705, as amended.[34] The law treats cutting, gathering, collecting and possessing timber or other forest products without license as an offense as grave as and equivalent to the felony of qualified theft.[35] Under the law, the offender shall be punished with the penalties imposed under Articles 309 and 310[36] of the Revised Penal Code, which means that the penalty imposable for the offense is, again, based on the value of the timber or forest products involved in the offense. Now, if we accept the said proposal in the crime of Theft, will this particular crime of Illegal Logging be amended also in so far as the penalty is concerned because the penalty is dependent on Articles 309 and 310 of the RPC? The answer is in the negative because the soundness of this particular law is not in question. | |||||