The document summarizes a Supreme Court case from 1988 regarding whether the extraction of sand and gravel by respondents without permission constituted theft of minerals under Philippine law. The court ruled that the elements of the relevant theft of minerals statute were met, as the respondents extracted materials from land covered by another's commercial permit and without their own mining lease or permit, even though respondents had paid sand and gravel taxes. The court found the tax receipts alone did not prove the government consented to the extraction.
The document summarizes a Supreme Court case from 1988 regarding whether the extraction of sand and gravel by respondents without permission constituted theft of minerals under Philippine law. The court ruled that the elements of the relevant theft of minerals statute were met, as the respondents extracted materials from land covered by another's commercial permit and without their own mining lease or permit, even though respondents had paid sand and gravel taxes. The court found the tax receipts alone did not prove the government consented to the extraction.
The document summarizes a Supreme Court case from 1988 regarding whether the extraction of sand and gravel by respondents without permission constituted theft of minerals under Philippine law. The court ruled that the elements of the relevant theft of minerals statute were met, as the respondents extracted materials from land covered by another's commercial permit and without their own mining lease or permit, even though respondents had paid sand and gravel taxes. The court found the tax receipts alone did not prove the government consented to the extraction.
The document summarizes a Supreme Court case from 1988 regarding whether the extraction of sand and gravel by respondents without permission constituted theft of minerals under Philippine law. The court ruled that the elements of the relevant theft of minerals statute were met, as the respondents extracted materials from land covered by another's commercial permit and without their own mining lease or permit, even though respondents had paid sand and gravel taxes. The court found the tax receipts alone did not prove the government consented to the extraction.
s vs Hon. Francisco Men Abad, Julius Robles, Eduardo Bandao, Marcos Oyagon, Daguyo Uyang, Udulon Lattod, Buccahan Mu…
LEX SCEPTICUS Lawyer. Gunpla Builder.
People of the Philippines vs Hon. Francisco Men Abad,
Julius Robles, Eduardo Bandao, Marcos Oyagon, Daguyo Uyang, Udulon Lattod, Buccahan Mundiguing, Junior Mundiguing, Piwit Tundagui, Guinomon Chonga-Ap, Fernando Tid-Ong, Julio Ballogan, Fernan Gaggo, Carmen Gaggo and Balbina Pocya By ResIpsaLoquitor - July 31, 2013
People of the Philippines vs Hon. Francisco Men Abad, Julius Robles, Eduardo Bandao, Marcos Oyagon, Daguyo Uyang, Udulon Lattod, Buccahan Mundiguing, Junior Mundiguing, Piwit Tundagui, Guinomon Chonga-Ap, Fernando Tid-Ong, Julio Ballogan, Fernan Gaggo, Carmen Gaggo and Balbina Pocya
GR No. L-55132 August 30, 1988
Facts: Director of Mines issued a commercial lease permit to Felix de Castro (Felix) to quarry, extract, and carry away sand and gravel at Banaue, Ifugao. Felix led a criminal case against respondents (Robles, Bandao, Oyagon, Uyang, Lattod, Buccahan Mundiguing, Junior Mundiguing, Tundagui, Chonga-Ap, Tid-Ong, Ballogan, Fernan Gaggo, Carmen Gaggo and Pocya) for "Theft of Minerals." Respondent contended that there is no crime committed for they had paid sand and gravel tax and therefore the government consented their extraction of the sand and gravel.
Issue: Whether or not the acts of respondents constitute "Theft of Mineral" considering that they paid sand and gravel tax.
Ruling: Yes, Section 78 of P.D. No. 463 provides:
"Section 78. Theft of Minerals. Any person who, without a mining lease or a temporary permit to mine, shall extract, remove, and/or dispose of minerals for commercial purposes belonging to the Government or from a mining claim or claims leased held or owned by other persons without the https://lex-scepticus.blogspot.com/2013/07/people-of-philippines-vs-hon-francisco.html 1/4 6/2/2021 People of the Philippines vs Hon. Francisco Men Abad, Julius Robles, Eduardo Bandao, Marcos Oyagon, Daguyo Uyang, Udulon Lattod, Buccahan Mu… Government or from a mining claim or claims leased, held, or owned by other persons, without the written permission contemplated in Section 12, shall be deemed to have stolen the ores or the products thereof from the mines or mills. He shall, upon conviction, be imprisoned from six months to six years or pay a ne from one hundred pesos to ten thousand pesos, or both, in the
discretion of the court, besides paying compensation for the minerals extracted and disposed of, the royalty and the damage caused thereby."
The elements of Section 78 of P.D. No. 463 are all present, to wit:
1. the respondents, conspiring and mutually helping on another, willfully and feloniously extracted, removed and/or disposed of minerals or materials aggregates like sand and gravel; 2. materials were taken from Banaue, Ifugao, which is covered by commercial permit issued by Bureau of Mines in favor of Felix de Castro; 3. the extracting was done without any mining lease or permit of their own pursuant to law.
Further, the sand and gravel tax merely shows payments of taxes, the receipts are insu cient to prove that proper Government O ce gave its consent to extract, remove or dispose the said sand and gravel.
1988 August 30 Case brief case digest GR No L-55132 People vs Abad
People vs Abad Case Brief People vs Abad Case Digest Pp vs abad
Pp vs Abad Case Brief Pp vs Abad Case Digest
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