Bacolod Regional Trial Court Judge Rodney Bolunia ordered Monday the dismissal of a case for possession of illegally-cut lumber filed against Hinobaan Mayor Francisco Bilbao, his lawyer William Mirano said yesterday.

Bilbao told the DAILY STAR last night, "I am very happy justice has been given to me. I have been waiting for this vindication for a long time."

On Nov. 27, 2002 Bolunia issued a search warrant to confiscate lumber in the cock farm of Bilbao in Barangay Po-ok, Hinobaan on the request of Task Force Ilahas.

On Nov. 28 , 2002 Task Force Ilahas, composed of members of the 2nd Provincial Mobile Group and some Department of Environment and Natural Resources personnel, conducted a raid but the items described in the search warrant were not found inside the cock farm, the judge noted.

At a distance of about 20 to 30 meters from the place searched, the raiding team found 2,797.30 board feet of abandoned lumber covered with grass and leaves, which it seized.

On Feb. 5, 2003 Bilbao filed a motion to quash the search warrant while the DENR on Feb. 28, 2003 filed a criminal complaint against Bilbao for violation of the Forestry Code of the Philippines before the Negros Occidental Prosecutor's Office.

On May 12, 2003 Bolunia denied the motion to quash but ruled that the lumber seized by Task Force Ilahas was inadmissible as evidence in any proceedings as the seizure violated Bilbao's constitutional right against unreasonable searches and seizures.

State Prosecutor Isagani Rabe did not file any motion for reconsideration nor appeal to the order allowing it to become final, Bolunia said.

Instead Rabe proceeded with a preliminary investigation of the complaint filed by the DENR and on June 10, 2003 filed a criminal case against Bilbao for possession of illegally cut lumber, the judge noted.

Bolunia said that, since the lumber flitches seized by Task Force Ilahas are inadmissible as evidence in any proceedings against Bilbao, he is constrained to conclude that, absent or short of evidence, there exist no probable cause.

Bolunia, in ordering the dismissal of the case, also ordered the seized lumber confiscated in favor of the government.

On Dec. 15, 2005, Bolunia had denied the motion of the state prosecutor for his voluntary inhibition to avoid suspicions on his fairness and impartiality.

"Mere suspicion that a judge is partial is not enough, there should be adequate evidence to prove the charge," he said, quoting a Supreme Court ruling in Martinez Sr. vs. Paguio.

Last year a case for illegal logging filed against Don Salvador Benedicto Mayor Cynthia de la Cruz was also dismissed.*CPG

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