G.R. No. 224469 (Diosdado Sama y Hinupas and Bandy Masan
Aceveda v. People of the Philippines).
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Promulgated:
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January 5, 2021,:
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DISSENTING OPINION
PERALTA, C.J.:
The facts of the case are simple. Petitioners were charged with
violation of Section 68, 1 now Section 77, of Presidential Decree No. 705
(P.D. No. 705), 2 as amended, for cutting a Dita tree within the lands of
Baco, Oriental Mindoro, without the authority required therein. The
Information reads:
That on or about the 15 th day of March 2005, at Barangay
Calangatan, Municipalit:Y of San Teodoro, Province of Oriental Mindoro,
Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, without any authority as required under existing forest laws
and regulations and for unlawful purpose, conspiring, confederating, and
mutually helping one another, did then and there willfully, unlawfully,
feloniously and knowingly cut with the use of an unregistered power
chainsaw, a Dita tree, a forest product, with an aggregate volume of 500
board feet and with a corresponding value of TWENTY THOUSAND
(Php20,000.00), Philippine Currency.
CONTRARY TO LA W. 3
Petitioners were caught in jlagrante delicto by several police officers
and representatives of the Department and Environment and Natural
Resources (DENR) who were conducting surveillance operations against
illegal loggers in the area. While they admitted that they had no permit to
the logging activity, petitioners claim that they are Iraya-Mangyan
indigenous peoples (IPs) and, as such, they had the right to cut the tree for
the construction of a community toilet of the Mangyan community.
Section 68 of P.D. No. 705 provides:
SECTION 68. Cutting, Gathering and/or Collecting Timber or Other Products without License.
- Any person who shall cut, gather, collect, or remove timber or other forest products from any forest
land, or timber from alienable and disposable public lands, or from private lands, without any authority
under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished
under Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership,
association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and
if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on
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the part of the Commission on Immigration and Deportation.
2
Revised Forestry Code of the Philippines, May 19, 1975.
3
Rollo, p. 57.
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