CALUB V. COURT OF APPEALS
331 SCRA 55
FACTS:
The Forest Protection and Law Enforcement Team of the Community Environment and Natural Resources Office of the DENR apprehended two trucks carrying with it illegally sourced lumber. The drivers failed to show
any legal documents. Thereafter, the trucks and lumber were seized. A criminal complaint was filed against them.
The trucks were taken forcibly by the two drivers from the custody of DENR. This prompted the department to file charges but these were dismissed. Again though, the trucks were then caught and seized, for
carrying illegally sourced lumber once again. Subsequently, an action for replevin was filed by the private respondents. The trial court granted the application for replevin and the CA affirmed this decision.
HELD:
Since there was a violation of the Revised Forestry Code and the seizure was in accordance with law, the subject vehicles were validly deemed in custodia legis. It could not be subject to an action for replevin. For it is
property lawfully taken by virtue of legal process and considered in the custody of the law, and not otherwise.