The lawyer of the Department of Environment and Natural Resources yesterday said she will appeal the order of Bacolod Regional Trial Court Judge Rodney Bolunia Monday dismissing the case against Hinobaan Mayor Francisco Billbao for possession of illegally-cut lumber.

Lawyer Virgilia Dioquino said she had not received a copy of the order yet, but was disappointed with the ruling and would appeal it.

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 members 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 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. 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. 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.

We will have to abide with whatever is the decision of the court, Gov. Joseph Marañon said when asked for his reaction to the Bilbao ruling.*CPG

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