Separate Opinion
22
G.R. No. 224469
especially since a criminal case, being personal in nature, affects their liberty
as the accused.
The members of the Court may argue one way or the other, but no
length oflegal debate will remove from the fact that this case is still about two
men who acted pursuant to precisely the kind of cultural choice and
community-based environmental agency that they believe the IPRA
contemplated they had the freedom to exercise. The petitioners hang their
liberty on the question of whether or not IPRA, vis-a-vis forestry laws, has
failed or delivered on its fundamental promise. That the Court cannot
categorically either affirm or negate their belief, only casts reasonable
doubt not only as to whether or not they are guilty of an offense, but
whether or not there was even an offense to speak of. At most, this doubt
only further burdens the fate of the petitioners with constitutional questions,
the answers to which must await a future, more suitable oppmiunity.
At the very least, this doubt must merit their acquittal.
Based on these premises, I vote to GRANT the petition. Petitioners
DIOSDADO SAMA y HINUPAS and BANDY MASANGLAY y
ACEVEDA, as well as their co-accused DEMETRIO MASANGLAY y
ACEVEDA, should be ACQUITTED in Criminal Case No. CR-05-8066.
C@irfii8c:::J '"---_; .., r~ ~-- /
~mii:f-~~~
Deputy Clerk of Court En Banc
OCC En Banc,Supreme Court
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents