OF THE PHILIPPINES
REPUBLIC
DEPARTMENT OF JUSTICE
OFFICE OF THE REGIONAL STATE PROSECUTOR
SAN FERNANDO CITY, LA UNION
CAMILO CARIN y CORTEZ
Complainant-
NPS DOCKET NO. 1-09-INV-20-L-00239
-VersuS- (Offic of the Cit Prosecutor of
San Carlos City Pangasinan
CRIMINAL CASE NO. 9590
For: Violation of Sec. 3 of PDNO. 953
JOSEPHINE M. CHOI,
Respondent-
X--- --X
PETITION FOR REVIEW
COMES NOW the Respondent- unto this Honorable Office most
respectful states:
STATEMENT OF MATERIAL DATES
This i a petitio for the review of the Resolution of the Honorable Assistant Cit
Prosecutor of San Carlos City Pangasinan Dennis.Anthon M Fito and was approve
b the Honorable Cit Prosecuto Glenn R. Lumanlan, of the Office of the Cit
Prosecutor San Carlos City Pangasinan
That an Affidavit of Complai was filed b the complainan Forrester ll Camilo
Carino y Cortez for Violation of Sec. 3 of Presidential Decree No. 953 agains the
responden Josephin Choi copie of the Investigatio Data Form and Affidavit of
Complai are herein attached a Annexes" and "1-
That responden filed a Motion for Extension To File Counter-Affidavit within 10
day or until Januar 25 2021. That a Counter-Affidavit of responden Josephin Choi
was filed on Januar 25 2021, copy of which i herein attached and marked as Annex
"2
That
a Resolution dated on Februar 1 2021 was issued b the Honorable
Assistant Cit Prosecutor of San Carlos City Pangasinan Dennis Antho M Fito and
was approve b the Honorable Cit Prosecutor Glenn R. Lumanlan of th Office o the
Ci Prosecu Sa Carlos
Cit Pangasin which was received b the responden o
Februar 4 2021 recommendin the filin of an Information for Violaio of Secti 3 of
P.D. No. 953 agains the responden Josephin M Choi a Cop of the Resoluti i
herein attached as Annex "3
That Februar 11, 2021 respondent-
on
throu the undersign
counse filed a Motion for Reconsideratio date February 2021 a copy o the Motio
for Reconsideration i herein attached as Annex "4
On March 8 2021 the undersign counsel of the
respondent- has
received an Order for the Motion for Reconsideratio
b Honorable Assistant Cit
Prosecutor of San Carlos City Pangasina Dennis Anthon M Fito and was
approve
b the Honorabl Cit Prosecuto Glenn R. Lumanlan of the Office of the Cit
Prosec San Carlos Cit Pangasina a copy of the Order i herein attached as Anne
"5
That Februar 22 2021
on an Information agains Josephin M Choiwas filed at
the Municip Trial Court i Cities of San Carlos City Pangasina for Violation of Sec. 3
of P.D. No. 953 copy of the Information i herein attached and marked as Annex "6;
Under the Rules on Appea promulgat b the Departme of Justice the
respondent- i
give fifteen (15 day from receip of the Resolution denyin his
Motion for Reconsideration. Hence respondent- has unti March 23 2021 to file
a Petition for Review to this Honorable Offic
Hence this petitio i bein filed on time.
THE PARTIES
The complainant- Camio Carino of lega age, Filipin
y Cortez an
employe of DENR CENRO Central (CENRO Dagupa before and
Pangasina a
resident of Sitio Casilaga Brgy San Juan San Manuel Pangasinan
The
respondent- i of leg age, Filipin Citizen married and a resident
of Brg Taloy San Carlos City Pangasinan
STATEMENT OF FACTS
I the Affidavit
of Complain the Complainant- allege that the
respondent- Josephin M. Choi committed the crime of Violation of Sec. 3 of
P.D. No. 953. The respondent- denied all the accusations of the complainant
appelle i her Counter-Affidavit and allege that there was no Violation of Sec. 3 of P.D.
953
ISSUES
Whether or not respondent- commited the crime charged
ASSIGNMENT OF ERROR
The Office of the Cit Prosecutor of San Carlos City Pangasina committed a
grave abuse discretion when i recommended for
filin an Information
agains respondent
appellant Josephin M. Choi as well as i denyin the Motion for Reconsideration of the
assailed Resolution.
DISCUSSION:
That respondent- did not commit the crime charge based on the
followin grounds
a. The case filed is premature for lack of authority of complainant Mr.
Camilo Carino y Cortez as well as the non complian with th Citizen's
Charger for filin Complaint at the Departmen of Environment and Natural
Resources.
In the
complai filed b Mr. Camilo Carino y Cortez, he failed
to alleged or show any proof that he was dul authorized b the
Department Environment and Natural Resource to file the instan
case against Mrs. Josephine M. Choi. He has not shown any
documents that the filin of cases is one of the duties and function
assigned to him b the DENR. The private complainant lacks the
authority in the filin the instant case, hence, th case should be
dismissed.
Further, the private complainant failed to comply with the
procedure in filin complaint. Records reveal that he failed to exhaust
all the
administrative remedies. This is a clear violation of the
Citizen's Charter particularly the Feedback and Complaint
Mechanism. Hence, the said case should be dismissed.
b There was no cuttin of umbrella tree but merel prunnin of it branches.
However, assummin without admittin that there was cuttin of umbrella tree the
responden complie with the provisio of Section 3 of P.D. 95
a. Section 3 of P.D. No. 953 states that
Section An person who cuts destroy damage
3
or injure naturall growin or plante trees of any kind
flowerin or ornamental plant and shrubs or plant of scenic,
aesthetic andecologic values alon publi roads i plaza
park other than national parks school premise or i any
other publi groun or place or on banks of rivers or creeks
or alon roads i land
subdivisions or areas therein for the
Common use of the
of lots therein or any specie of
owners
vegetatio or forest cover found therein shall be punishe
with imprisonme for not less than six months and not more
than two years, or a fine of not less than five hundred pesos
and not more than five thousand pesos, or with both such
imprisonme and fine at the discretion of the court except
when the cuttin destroyin damagin or injurin i
necessary for publi safet or the prunin thereof is necessary
to enhance beaut and onl upon the approva of the dul
authorized representativ of the head of agency or politic
subdivision havin jurisdictio therein or of the Director of
Forest Developmen i the case of trees on banks of rivers
and creeks or of the owner of the land subdivision i the case
of trees alon roads and i other areas therein for the common
use of owners of lots therein. I the offender is a corporatio
partnershi association the penalt shall be impose upon
or
the officer or officers thereof responsibl for the offense and
i such officer or officers are aliens in addition to the
penalt
herein prescribe he or the shall be deporte witho furth
proceeding before the Commission on Immigratio and
Deportatio Nothin i this Decree shall preve the
cancellation of a license agreemen lease license or permi
from the Government i such cancellation is prescri
therein or in Government regulation for such offens
In the said
provision, i allows cuttin of trees when i is necessary
upon th
for public safety or i necessary to enhance beaut and onl
approva of the dul authorized representativ of th head of agen or
politic subdivision havin jurisdictio therein or of the Director o Fore
Developmen i the case of trees on banks of rivers and creeks or of the
owner of the land subdivision i the case of trees alon roads an i other
areas therein for the common use of owners of lots therein.
The conjunctio use is "ÖR whic is used to link alternatives.
This
i crystal clear in the above- provision. Hence, the
perm issued b the baranga San Pedro- San Carlos Cit
Pangasinan where the said umbrell tree is locate is considered a
sufficient
compliance to the mandate of the law which is the 'approva
of th dul authorize representati of the hea of agenc or politic
subdivisio havin jurisdictio therein Cop of the permissio letter from
Brgy San Pedro- San Carlos City Pangasina was attached and
marked as the Counter-affidavit of the respondent Moreover, the
Annex "2 i
witnessess of the responden has executed a Sinumpan Salaysa to
substantiate that there was a permissio from Brgy San Pedro- San
Carlos City Pangasina as well as from the DENR, copie of which were
attached i the Counter-Affidavit of the responden
To full coordinated to the local agency where the
emphasize the prunin was
Umbrella Tree i located
Barangay San Pedro- which San Carlos City
i
Pangasina Aside from the written permission from the Barangay San Pedro- the
same was coordinated to DENR as attested b the respondent' witnesses. Further, the
issuance of a Citizen's Charter cannot override the Presidential Decree particular P.D
No. 953.
c. The prunnin was done for the purpose of publi safety
Section 3 of P.D. No. 953 expressl allows the cuttin i necesary for publi safet
or the prunnin is necessary to enhance beauty
In the instant case, the Umbrella Tree subjec of this instant case is dangerou to
publi safet not onl because of it feature and structure but also i it location. The
umbrell tre is locate
existin line of CENPELCO
under the and the said tree is too bi
and tall that i i will fall this will surel cause damag not onl to life but also to the
propert of the publi copy of the pictur was attached i the Counter-Affidavit of the
responden and was marked as Annex "1".
Aside from the reason on publi safety the cutting/ has been made
pursuan to R.A. 11361, Section 7 letter C to wit:
"To conduct trimmin prunin cuttin or clearin activities for tall growin
plant within the power line corridor without securin prio clearance or permi from
but with due notice to DENR", xXoox
As stated the Umbrella Tree is under the existin line of CENPELCO. Hence, R.A.
11361 also applies The staffs from DENR have even went to the responden copy of the
pictur is herei attached and marked as Annex "5.
Based on the above, the responden believe that said pruning/ has been
done in goo faith and she should not be charge of illega cuttin
WHEREFORE, considered, i is most respectful praye
premise that the
Resolution dated Februa
1 2021 and an Order dated Februar 22 2021 b Honorable
Assistant Cit Prosecu o San Carlos City Pangasinan Dennis Anthon M. Fito and
was appro b the Honorable Cit Prosecutor, Glenn R. Lumanlan be reconsidered
and se aside an that a new one be entered dismissin the above-entitled case.
Other reliefs jus and equitab i the premise are also praye for.
San Carlos City Pangąsi for San Fernando La Union Philippine March 22
2021.
ATTY.LEND G. ICO-FLAMENO
Couns for the Accuse
New Çommer Comple
Palari St. San Carlos City Pangasina
Roll No. 54135 Ma 2 2007
IBP OR NO. 122485 01/05/21
PTR NO. 4472227;01/04/21
MCLE Complianc No VI-0022874 valid unil 4/14/2022
Email add: blenda [email protected].
Contact No. 0922-897-56
Republi of the Philippin )
Cit of San Carlos ) S.s
VERIFICATION AND CERTIFICATION
That I JOSEPHINE M CHOI of lega
age, Filipin married and a residen of Brgy
Taloy San Carlos City Pangasinan after havin been dul sworn to i accordance with
law hereb depos and state
1. That l the
am
respondent- i the above- case;
2 That I have caused the preparatio and filin of the foregoin Petition for
Revie
3 That I have read and understood the contents thereof and that all the allegation
therein are true and correct to the best of my persona knowledg and belief
4. That I certif that I have not commenced any action with any Trial Court Court
o Appe an Suprem Court or any Administrative involvin th same issu and
Bo
that i I should thereafter learn that a similar action or proceedin has been filed or
pendin
before the Suprem Cout, the Court of Appeal or any other tribuna or
agency, I
undertake to repor such fact within five (5 day from discover to the Court or
Agenc
wherein the origin pleadin sworn certificati contemplate here have been file
IN WITNESS WHEREOF, I have hereunto affixe my signatur this 22n da of
Marc 2021 at San Carlos City Pangasina
SOSEPHIN CHOI
Respond
SUBSCRIBED AND SWORN to before me thi 22n da of March 2021 at San Carlos
Cit Pangasina
Doc. No. 40 ATTY NDAG. TCO-
Pag No. 2 UNTIL JUNH NOTAH
Book No. XAL
DATEN DECE
AN RESDLU OF sUPRE GDU
1. 2020 UNDE B.M.N0.2799
Series No. 2021. ROLL N0.E4135
IBP NO.422
TRNO. 4472227
Republ of the Philippin )
Cit of San Carlos )
AFFIDAVIT OF SERVICE
Th I LYCEL R DE VERA, of leg age, Filipin singl and a resident of Brgy
Pag Sa Carl City Pangasina afte havi bee du swo to i accordance wit
law hereb depos and state
Tha I am the leg secretar of Att Blenda G. lco-Flameno with office address at
New Commercia Comple Palaris St. San Carlos City Pangasina
Th o March 23 2021 I served copie of the Petition for Review regardin the
cas entitl Camilo Carino y Cortez versu Josephin Choi with NPS DOCKE NO I
09-|NV-20- b
registere mail on March 23 2021 to the Offic of the Cit
Prosecut San Carlos City Pangasina and to the responden due to distance and lack
of time with postag full paid as evidenced
b Reg Recei Nos. and
respectiv with instruction to the postmaster t retu th mai t the
sender afte ten day i undelivere
That I likewise sent three (3 copie of the said Petition for Review to the Honorable
Offic of the Region Prosecuto Departme of Justic San Fernando
City La Union
on March 23 2021
That I am executin this affidavi to attest and affir the truthfulness and veracit
of all statements above.
IN WITNESS WHEREOF, I have hereunt
signe this 23rd da of March 2021 at
San Carlos City Pangasina
LYCELLER. DE VERA
Affian
VIN No. 5532-0244B-
SUBSCRIBED AND SWORN to befor me this 23r da of Marc 2021 at San
Carlos City Pangasina Affian exhibiti to me her Identificatio No. annotated below
her name as proo of her identit
Doc No.
Pag No 3 ATT DA 6. Te-FLA
Book No. L; NTARY PUPI Te
NTIL JUNE
Series of 2021. DATE DECEN APEREN PAN PESDLUTI O SUPREK CAU
.2020 UND B.M.NO.37
ROLL N0.5475
IBP NO.1422
PIR NO.447222
