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Judge Omipon
A.M. No. MTJ-93-874, March 14, 1995, 242 SCRA
332
Syllabus:
The confiscation proceedings under AO No. 59 is
different from the confiscation under the Revised
Penal Code, which is an additional penalty imposed in
the event of conviction. Despite the order of release,
the truck can be seized again either by filing a motion
for reinvestigation and motion to include the
truckowner/driver, as co-accused, which complainant
has done as manifested before the lower court or by
enforcing AO No. 59. Section 12 thereof categorically
states that [t]he confiscation of the conveyance under
these regulations shall be without prejudice to any
criminal action which shall be filed against theowner
thereof or any person who used the conveyance in
the commission of the offense.
Facts:
Dionisio Golpe was apprehended by police officers
while he was driving his truck loaded with illegally
cutlumber. It was later found that a certain Basilio
Cabig owned the logs, thus, a complaint was filed
against him. Judge Rafael Omipon, the respondent in
this case, found that a prima facie case exists
againstCabig but he ordered the release of the truck
inasmuch as the owner/driver, Golpe, was not
charged inthe complaint.
Augustus Momongan, the Regional Director of the
DENR, filed the present complaint against Judge
Omipon alleging that his order releasing the truck
used in the transport of illegally cut forest products
violated Section 68 and 68-A of PD No. 705 and AO
No. 59, Series of 1990. Momongan further claims that
Judge Omipon is devoid of authority to release the
truck despite the non-inclusion of Golpe in the
complaint.
Issue:
Whether Judge Omipon had authority to release the
assailed truck and thus be free from any disciplinary
sanction.
Ruling:
Yes. Judge Omipon had the authority to order the
release of the truck.
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THIRD DIVISION
ROMERO, J.:
At around 10:00 o'clock of November 14, 1992, police
officers of the Municipality of Hinunangan, Southern
Leyte apprehended Dionisio Golpe while he was
driving his truck loaded with illegally cut lumber. The
truck and logs were impounded. A complaint was filed
against Basilio Cabig, the alleged owner of the logs.
After conducting the preliminary investigation,
respondent Judge Rafael B. Omipon found that a
prima facie case exists against Mr. Cabig but he
ordered the release of the truck inasmuch as the
owner/driver, Mr. Golpe, was not charged in the
complaint.
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