Separate Concurring Opinion 2 G.R. No. 224469 SECTION 77. Cutting, Gathering and/or Collecting Timber or Other Forest Products Without License. - Any person who shall cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation. The court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathernd, collected, removed, or possessed, as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are found. In praying for their acquittal, petitioners invoke their Indigenous People (IP) right to harvest dita tree logs, which allegedly constitute a part of their right to cultural integrity, ancestral domain, and ancestral lands. They insist that the felled dita tree was planted in their ancestral domain, over which the Iraya-Mangyans' exercise communal dominion. 4 Settled is the rule that "[o]nly questions of law may be raised in a petition for review on certiorari." 5 Further, "[t]his Court is not a trier of facts." 6 It accords great weight and respect to the trial court's findings of fact, especially when affirmed by the Court of Appeals. 7 However, this rule is not without exception. In Medina v. Asistio, Jr. :8 li, ..., (1) When the conclusion is a finding grounded entirely on speculation, surmises or conjectures; (2) When the inference made is manifestly mistaken, absurd or impossible; (3) Where there is a grave abuse of discretion; (4) When the judgment is based on a misapprehension offacts; (5) When the findings of fact are conflicting; (6) When the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) The findings of the Court of Appeals are contrary to those of the trial court; (8) When the findings of fact are conclusions without citation of specific evidence on which they are based; (9) When the facts set forth in the petition as well as in the petitioners' main and reply briefs are not disputed by the respondents; and (10) The finding of fact of the Court of Appeals is premised on the supposed absence of evidence and is 4 5 6 7 Id. at 9. Pascual v. Burgos, 776 Phil. 167, 182 (2016) [Per J. Leonen, Second Division]. Id. People v. Quintas, 746 Phil. 809, 820 (2014) [Per J. Leonen, Second Division] 269 Phil. 225 (1990) [Per J. Bidin, Third Division] I

Select target paragraph3