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

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 filed 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 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 fine 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 insufficient to prove that proper Government Office gave its consent to extract, remove or dispose the said sand and gravel.