Decision
7
G.R. No. 224469
failed to prove that as for them, there is indeed that particular IP justification
to log a dita tree for building a communal toilet. 27
In their Reply, 28 petitioners continue to claim that the area where the
dita tree was located is owned by the Iraya-Mangyan indigenous cultural
communities (ICCs) since time immemorial by virtue of their "native title."
This "native title" has been formally recognized under IPRA. As a result, the
DENR issued Certificate of Ancestral Domain (CADC) No. RO4-CADC-126
covering the ancestral domain and ancestral lands where petitioners cut the
dita tree. There is a pending application for conversion of the CADC to a
Certificate of Ancestral Domains Title (CADT) before the National
Commission on Indigenous Peoples (NCIP).
Issues
Is there evidence beyond reasonable doubt, first, of petitioners'
ethnicity as Iraya-Mangyan IPs, and second, of the elements of violation of
Section 77 of PD 705, as amended? As for the latter, i~ there evidence beyond
reasonable doubt that:
1. the dita tree which petitioners had cut and collected is a specie of
timber?;
2. the dita tree was cut and collected from a forest land, an alienable or
disposable public land, or a private land, as contemplated in Section
77 of PD 705, as amended?; and,
3. the cutting of the dita tree was done without any authority granted
by the State?
Ruling
We acquit.
Section 2 of Rule 133 of the Rules of Court defines the standard of
proof beyond reasonable doubt:
SECTION 2. Proof Beyond Reasonable Doubt. - In a criminal
case, the defendant is entitled to an acquittal, unless his guilt is shown
beyond a reasonable doubt. Proof beyond a reasonable doubt does not
mean such a degree of proof as, excluding possibility of error, produces
absolute certainty. Moral certainty only is requited, or that degree of
proof \Vhich produces conviction in an unprejudiced mind.
27
28
Supra note 10.
Rollo, pp. 158-167.