CEBU, Philippines - For lack of merit, the Supreme Court denied the appeal filed by a Cebu City resident convicted for violating the forestry law by keeping illegally cut logs inside his compound.
The SC decision, penned by Division Clerk of Court Ma. Lourdes Perfecto of the second division, said the lower courts were correct in finding Antonio Canoy guilty of the offense charged for failure to show documents and appear in court on scheduled hearings.
“Canoy was not able to present (his) arguments because he and his counsel failed to appear in court despite several resetting of the trial date. He was given several chances to present his defense but he did not utilize the opportunities,” the SC said.
In fact, the SC added, this was the reason why the Regional Trial Court issued its order dated April 11, 2006 submitting the case for decision without the evidence for Canoy’s defense.
“Thus, the CA (Court of Appeals) did not err in discounting Canoy’s arguments,” the SC decision further reads.
The RTC convicted Canoy in 2006 and sentenced him to imprisonment from seven to 12 years.
On December 3, 1998, Canoy’s compound was raided by a joint team of operatives from the Department of Environment and Natural Resources and the now-defunct Presidential Anti-Organized Crime Task Force who found 375 molave logs, 104 mahogany logs and 50 camanchelie logs amounting to at least P83,734.
Canoy reportedly failed to present documents such as the Certificate of Verification or the Special Tree Planting Permit which would show his lawful entitlement to the possession of the lumber.
During the trial of the case, the camp of Canoy failed to appear in court at the scheduled hearing, prompting the court to find him guilty of the offense. Canoy appealed his case before the CA, but it was denied. He then elevated his case to the SC.
In his appeal, Canoy alleged he was deprived of his fundamental right when he was convicted without affording him the opportunity to present his defense.
He said the trial court did not consider the fact that the seized lumber were found in the place owned by his mother, who also operated a lumber business.
But the SC set aside Canoy’s defenses and said the prosecution was able to prove his guilt beyond reasonable doubt.
The SC, nevertheless, modified the sentence of the accused from seven to 12 years to two to 14 years. — Mylen P. Manto/NSA (FREEMAN)