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

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