4 Dissenting Opinion G.R. No. 224469 First. The language of Section 77 of PD No. 705, which remained unamended even with the passage of IPRA, is plain and clear - any person who shall cut xx x forest products x x x without any authoriry xxx shall be punished. The use of the word "any person," without any distinction nor exemption as to the coverage of the penal provision, makes it clear that everyone is a potential offender of the crime. Where the law does not distinguish, the courts should not distinguish. Ubi lex non distinguit nee nos distinguere debemus. Second. It appears that the Legislature, in enacting PD No. 705, already considered the members of the indigenous groups. Therefore, they could be penalized under its provisions. Third. Sections 37 to 39 of PD No. 705, as amended, provide for the statutory basis for the State to protect our forests and regulate timber utilization in all classes of lands: SEC. 37. Protection of all Resources. - All measures shall be taken to protect the forest resources from destruction, impairment and depletion. SEC. 38. Control ofConcession Area. - In order to achieve the effective protection of the forest lands and the resources thereof from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and other forms of forest destruction, the utilization of timber therein shall not be allowed except through license agreements under which the holders thereof shall have the exclusive privilege to cut all the allowable harvestable timber in their respective concessions, and the additional right of occupation, possession, and control over the same, to the exclusive of all others, except' the government, but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas, conformably with multiple use and sustained yield management. xxxx SEC. 39. Regulation of Timber Utilization in all Other Classes ofLands and of Wood-Processing Plants. -The utilization of timber in alienable and disposable lands, private lands, civil reservations, and all lands containing standing or felled timber, including those under the jurisdiction of other government agencies, and the establishment and operation of saw-mills and other wood-processing plants, shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands, and shall not therefore be allowed except through a license agreement, license, lease or permit. (Emphasis supplied.) Fourth. The IPRA merely gives the indigenous people "priority rights in the harvesting, extraction, development or exploitatipn of any natural resources within the ancestral domains," viz: Sec. 57. Natural Resou~ces within Ancestral Domains. -The ICCs/IPs shall have the priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains. A nonmember of the ICCs/IPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding /

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