• Decision 4 G.R. No. 224469 they were on their way to Barangay Laylay in San Teodoro for surveillance on illegal loggers. After two (2) or three (3) hours, the team returned. They had arrested and brought with them the accused who are members of the Iraya-Mangyan indigenous peoples (IPs). The police officers told him they caught the accused cutting down a dita tree. He then asked the accused if the allegations against them were true. They told him they cut the tree for the construction of the Iraya-Mangyan IPs' community toilet. He was aware of this construction and confirmed that the dita tree was planted within the ancestral domain of the Iraya-Mangyan IPs. 14 The defense did not present any documentary evidence. 15 The Trial Court's Ruling By Decision 16 dated August 24, 2010, the trial court convicted the accused, as charged, thus: ACCORDINGLY, this Court finds accused DIOSDADO SAMA y HINUPAS, DEMETRIO MASANGLAY y ACEVEDA, and BANDY MASANGLAY y ACEVEDA GUILTY beyond reasonable doubt as (principals) of the crime charged in the aforequoted Information and in default of any modifying circumstance attendant, the Court hereby sentences said accused to an indeterminate penalty ranging fromfour (4) months and one (1) day of arresto mayor, as minimum, to three (3) years, four (4) months and twenty-one (21) days of prision correccional, as maximum, and to pay the costs. SO ORDERED. 17 The trial court ruled that a dita tree with an aggregate volume of 500 board feet can be classified as "timber" within the purview of Section 68, now Section 77 18 of PD 705, as amended. Thus, cutting the dita tree without a corresponding permit from the DENR or any competent authority violated the law. The trial court further held that a violation of Section 77 of PD 705 constituted malum prohibitum, and for this reason, the commission of the prohibited act is a crime in itself and criminal intent does not have to be established. The trial court dismissed the defense of the accused that they had an IP right to log the dita tree which they intended to use for the construction of a communal toilet for the Iraya-IV.langyan IPs. 14 Rollo, pp. 58-59. Id at 58. 16 Penned by Judge Manuel C. Luna, Jr.; id at 57-62. 17 Id. at 62. 18 Renumbered in PD 705 as Section 77 pursuant to Section 7 of RA 7 l 61 (1991 ); See supra for text of Section 77, PD 705 as amended. 15