Decision
3
G.R. No. 224469
The case was raffled to the Regional Trial Court (RTC)- Branch 39,
Calapan City, Oriental Mindoro. 6
On arraignment, all three (3) accused pleaded not guilty. 7 Thereafter,
they filed a Motion to Quash Information8 dated July 31, 2007, alleging
among others, that they are members of the Iraya-Mangyan tribe, and as such,
are governed by Republic Act No. 8371 (RA 8371), The Indigenous Peoples
Rights Act of 1997 (IPRA). By Order9 dated August 23, 2007, the motion was
denied for being a mere scrap of paper. Trial followed.
The Prosecution's Version
PO3 Villamar D. Rance (PO3 Rance) testified that on March 15, 2005,
his team comprised of police officers and representatives of the Department
of Environment and Natural Resources (DENR) surveilled Barangay
Calangatan, San Teodoro, Oriental Mindoro to address illegal logging
operations in the area. 10
While patroUing the mountainous area of Barangay Calangatan, they
heard the sound of a chainsaw and saw a tree slowly falling down. They
immediately crossed the river and traced the source of the sound. In the area
where the sound was coming from, they caught the accused in the act of
cutting a dita tree. They also saw a bolo stuck to the tree that had been cut. 11
The team inquired from the accused if they had a license to cut down
the tree. The latter replied they had none. After informing the accused of their
violation, the team invited them to the police station for further investigation.
The team left the illegally cut tree in the area because it was too heavy.
Pictures of the accused and the cut down tree were also taken. 12
The prosecution offered in evidence the Joint Affidavit of the
apprehending officers, Apprehension Receipt dated March 5, 2005, and
pictures. 13
The Defense's Version
Barangay
Captain' Rolando
Aceveda
(Barangay
Captain
Aceveda) of Baras, Baco, Oriental Mindoro testified that on March 15, 2005,
he was resting at home when he noticed several police officers and DENR
employees passing by. He inquired where they were headed. They told him
6
Rollo, p. 57.
Id.
8
Id. at 52-55.
9
Brief for Accused-Appellants, CA rollo, p. 33.
10
Comment dated November 18, 2016; rollo, pp. 131-152.
JI Id.
7
12
Jd.
13
Record, pp. 5-6.
4f