Calub vs CA

Calub vs CA April 27, 2000 (Doctrine of Exhaustion of Administrative Remedies) Courts Courts,, for reasons reasons of law, law, comity comity and conven convenien ience, ce, should should not entert entertain ain suits suits unless the available administrative remedies have first been resorted to and the  proper authorities have been given an appropriate opportunity to act and correct  their alleged errors, if any, committed committed in the administrative forum. AC!"# Petitioners are DENR Officers who seized 2 motor vehicles for transporting illegally cut lumber. he !orest Protection and "aw Enforcement eam of the #ommunity Environment and Natural Resources Office $#ENRO% of the DENR apprehended two $2% motor vehicles. #onstancio &buganda and Pio 'abon( the drivers of the vehicles( failed to present proper documents and)or licenses. hus( the apprehending team seized and impounded the vehicles and its load of lumber at the DENR*PENR $Department $Department of Environment Environment and Natural Resources*Provinc Resources*Provincial ial Environment Environment and Natural Natural Resour Resources% ces% Office Office in #atbalo #atbalogan. gan. +eizure +eizure receipt receipts s were were issued issued but the drivers refused to accept the receipts.

!elipe !elipe #alub( #alub( Provinci Provincial al Environ Environment ment and Natural Natural Resourc Resources es Officer Officer(( then then filed filed before the Provincial Prosecutor,s Office in +amar( a criminal complaint against  &buganda  &buganda for violation violation of +ec. -( PD PD -/0 as as amended by EO 2--( 2--( otherwise otherwise 1nown 1nown as the Revised !orestry #ode $R!#%. he owner and the driver filed a case against them for the recovery of the possession of the motor vehicle. $""%E#

ill the &pplication for Replevin prosper3 &E'D#

No. he vehicle is in custodia legis. he R!# authorizes the DENR to seize all conveyances used in the commission of an offense in violation of +ec. -. +ince the provision ma1es mere possession of lumber without the necessary documentation illegal( the act committed by &buganda( was a crime in itself. here was prima facie violation of +ec. -( as the ones in possession of the lumber  were not able to present a permit for such. hus( a warrantless seizure of the involved vehicles and its load was allowed under +ec. -*& and +ec. 4 of the R!#. +ince there was a prima facie violation of such( and the seizure was in accordance with law( the sub5ect vehicles can be validly deemed in custodia legis. hus( such could not be an action for replevin as it is property lawfully ta1en by virtue of a legal process.