Decision
9
G.R. No. 224469
Remontado of Aurora, Rizal, Quezon; Alangan or Mangvan, Batangan,
Buid or Buhid, Hanunuo, and Iraya of Oriental and Occidental Mindoro;
Tadyawan of Occidental Mindoro; Cuyonon, Palawanon, Tagbanua and Tao't
bato of Palawan. 33
In Oriental Mindoro, the Iraya-Mangyan IPs are publicly known to be
residing and living in the mountains of the municipalities of Puerto Galera,
San Teodoro, and Baco. 34
The Information35 stated that petitioners are residents of Barangay
Baras, Baco, Oriental Mindoro. They supposedly logged a dita tree in
Barangay Calangatan, San Teodoro, Oriental Mindoro. Notably, the
municipalities of Baco and San Teodoro are areas where the Iraya-Mangyan
IPs are publicly known to inhabit. They have continuously lived there since
time immemorial.
The first evidence that petitioners are Iraya-Mangyan IPs is the
testimony of Barangay Captain Aceveda of Baras, Baco, Oriental Mindoro.
He testified in clear and categorical language that petitioners are Mangyans
and the dita tree was grown on the land occupied by the Mangyans:
Q: Hours after the. policemen and the employees of the DENR passed by
what happened, Mr. Witness?
A: After more or less two to three hours later, they already returned ma'am.
Q: Did you notice anything unusual Mr. Witness?
A: Yes(,) ma'am.
Q: And what was tl)_at? ,
A: They are accompanied by three (Mangyan) persons ma'am.
Q: And could you identify before this Court who these three
(Mangyans) were?
A: Yes(,) ma'am.
Q: Could you identify the three?
A: Diosdado Sama, Bandy Masanglay (,) and Demetrio Masanglay
ma'am.
Q: What was the reason that they were taken under the custody by these
policemen?
A: They cut down trees or lumbers ma' am.
Q: And where was the felled log cut Mr. Witness according to them?
A: In the »and owned by the Mangyans ma'am.
Q: Where in particular, Mr. \Vitness?
A: Sitio Matahimik, Barangay Baras, Baco ma'am. 36
Id
See http://www.mangyan.org/content/iraya (last accessed: January 22, 2020).
35
Rollo, pp. 48-49.
36
Id at 69; See also id at 84-85.
33
34