Separate Concurring Opinion 8 G.R. No. 224469 ,. SECTION 18. Section 20 of Republic Act No. 7586 is hereby amended to read as follows: SEC. 20. Prohibited Acts. - Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following acts are prohibited within protected areas: (c) Cutting, gathering, removing or collectJng t-imber within the protected area including private lands therein, without the necessary permit, authorization, certification of planted trees or exemption such as for culling exotic species; except, however, when such acts are done in accordance with the duly recognized practices of the IPs/ICCs for subsistence purposes[.] On this note, Chief Justice Diosdado M. Peralta (Chief Justice Peralta) is of the view that no law relieves the Indigenous Cultural Communities/Indigenous Peoples (ICC/IPs) from the obligation of obtaining the necessary cutting permit. He opines that while the State recognizes their cultural practices, indigenous peoples are not exempt from the country's regulatory policies on forests and natural resources. Further, he continues that the DENR and National Commission on Indigenous Peoples (NCIP) have issued Joint Administrative Order No. 2008-01 (DENR-NCIP JAO No. 2008-01) effectively harmonizing the provisions of Presidential Decree No. 705 and the Indigenous Peoples' Rights Act of 1997 (IPRA). 31 I regret that I am unable to join Chief Justice Peralta's sentiment. DENR-NCIP JAO No. 2008-01 provides for the guidelines for the recognition and registration of ICC/IPs' Sustainable Traditional and Indigenous Forest Resources Management Systems and Practices (STIFRMSP). It further states that the forest resource utilization permit shall only be issued to ICCs/IPs with registered STIFRMSP. 32 In criminal cases, the burden of proving the accused's guilt lies with the prosecution. It is charged with the duty of proving the elements constituting the crime charged. "The burden must be discharged by the prosecution on the strength of its own evidence, not on the weakness of that for the defense. " 33 · In this case, petitioners' lack of authority to cut and utilize the tree is a negative allegation and constitutes an element of the crime charged. As in cases involving illegal possession of firearms, petitioners' lack of authority may be established by a testimony or certificate from the administrative 31 32 33 See C.J. Peralta Separate Opinion, pp. 16-23. DENR-NCIP JAO No. 2008-01, sec. 10 (10.1). People v. Asis, 439 Phil. 707, 728 (2002) [Per J. Panganiban, En Banc]. f /J