Decision
11
G.R. No. 224469
interest. It shall conduct preliminary investigation on the basis of
complaints filed by the ICCs/IPs against a natural or juridical person
believed to have vfolat~d ICCs/IPs rights. On the basis of its findings, it
shall initiate the filing of appropriate legal or administrative action to
the NCIP. 47
In Unduran v. Aberasturi, 48 the Court held that the NCIP may acquire
jurisdiction over claims and disputes involving lands of ancestral domain only
when they arise between or among parties belonging to the same ICCs or IPs.
If the dispute includes parties who are non-ICCs or IPs, the regular courts shall
have jurisdiction.
Thus, on the basis of the evidence on record, there is no reason to
doubt that petitioners are Iraya-Mangyan IPs.
Second Issue: The prosecution was not
able to prove the guilt ofpetitioners for
violation of Section ~77, . PD 705, as
amended, beyond reasonable doubt.
Section 77 of PD 705, as amended, punishes, among others, "[a]ny
person who shall cut, gather, collect, removed timber or other forest products
from any forest land, or timber from alienable or disposable public land, or
from private land, without any authority . . . shall be punished with the
penalties imposed under Articles 309 and 310 of the Revised Penal Code .... "
This provision has evolved from the following iterations:
PD 705 (1975): "SEC. 68. Cutting, gathering and/or collecting timber or
other products without license. -Any person who shall cut, gather, collect
or remove timber or other forest products from any forest land, or timber
from alienable and disposable public lands, or from private lands, without
any authority under a license agreement, lease, license or permit, shall
be guilty of qualified theft as defined and punished under Articles 309 and
310 of the Revised Penal Code ... "
PD 1559 (1978) amending PD 705: "SEC. 68. Cutting, gathering
and/or collecting timber or other products without license. - Any person
shall cut, gather, collect, or remove timber or other forest products from any
forest land, or timber from alienable or disposable public land or from
private land whose title has no limitation on the disposition of forest
products found therein, without any authority under a license
agreement, lease, license o.r permit, shall be punished with the penalty
imposed under Arts. 309 and 310 of the Revised Penal Code ... "
EO 277 (1987) amending PD 705: "SEC. 68. Cutting, Gathering
and/or collecting Timber or Other Forest Products Without License. --Any
person who shall cut, gather, collect, remove timber or other forest products
47
48
The Indigenous Peoples' Rights Act of 1997, Republic Act No. 8371, October 29, 1997.
771 Phil. 536,569 (2015); See also Unduran v. Aberasturi, 808 Phil. 795,800 (2017).