EN BANC
G.R. No. 224469 - DIOSDADO SAMA Y HINUPAS AND BANDY
MASANGLAY Y ~CEVEDA, Petitioners, v. PEOPLE OF T ~
PHILIPPINES, Respondent.
Promulgated:
~
1'
Janu3ry 5, 20211-i'
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SEPARATE CONCURRING OPINION
"Such arrogance to say that you own
the land, when you are owned by it!
How can you own that which outlives
you? Only the people own the land
because only the people live forever.
To claim a place is the birthright of
everyone. Even the lowly animals
have their own place ... how much
more when we talk of human
beings?"
-
Macli-ing Dulag, Pangat, Butbut
Tribe, Bugnay, Kalinga 1
LEONEN, J.:
I concur that petitioners should be acquitted of the crime charged. I
contribute to the discussion of the erudite ponente, Associate Justice Amy C.
Lazaro-Javier, a disquisition on the pre-colonial experience and historical
backdrop of the Filipino tribal groups' rights over their ancestral lands and
domains, including the resources found there.
Petitioners are Ir._aya:Mangyans who reside in Barangay Baras, Baco,
Oriental Mindoro. 2 they were indicted for violating Section 77 of
Presidential Decree No. 705, otherwise known as the Revised Forestry Code
of the Philippines, after they cut down a dita tree without a license or pennit
issued by the proper authority. 3 Section 77 of Presidential Decree No. 705
states:
2
See
Bantayog
ng
mga
Bayani,
DULAG,
Macli-ing,
October
15,
2015,
<http://www.bantayog.org/dulag-macli-ing/> (last accessed on January 5, 2021). See also Martial Law
The
Heroes
Who
Fought
Martial
Law:
Macli-ing
Dulag,
Museum,
<https://martiallawmuseum.ph/magaral/maiiial-law-heroes-macliing-dulag/> (last accessed on January
5,2021).
Ponencia, p. 9.
Id. at 3-4.
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