Dissenting Opinion - 27 - G.R. No. 224469 land is hardly any protection against any potential abuse that the forest may endure. ~ · Take this case, for instance. Petitioners herein would like to impress upon the Court their unfortunate predicament of being incarcerated for the mere act of cutting one tree, which they did only in their humble exercise of cultural integrity as indigenous peoples for the construction of a communal toilet. We must direct our attention, however, to some points to consider. First, the Infonnation states that petitioners knowingly cut the tree with the use of an unregistered power chainsaw. 74 This was admitted by petitioners in their Salaysay ng Pagtatanggol in saying that "ginamit ang chainsaw sa pagputol upang hindi ma-aksaya ang kahoy para ito ay mapakinabangan sang-ayon sa nabanggit sa itaas. " 75 Realistically speaking, the fact that an IP was able to get a hold of, more so learn how to operate, such a sophisticated tool cannot be harmonized with their supposed nature as a people known to survive in isolated locations, with very little to no access to even the most basic social, commercial, and economical goods and services. On a related note, what then would the implication of the present majority opinion be to petitioners' violation of R.A. No. 9175 entitled "An Act Regulating the Ownership, Possession, Sale, Importation and Use of Chainsaws, Penalizing Violations thereof and for other Purposes" or the Chainsaw Act of 2002, which penalizes the mere possession of a chainsaw without first securing the necessary permit from the DENR? 76 Second, the records of the case are bereft of evidence sufficient to prove that the cutting was, indeed, for the purpose of building a communal toilet. As borne by the records, the defense merely offered the lone testimony of Brgy. Captain Aceveda without any documentary exhibits. In his testimony, he revealed that the cutting of the tree was upon the initiative of "a certain Non-Governmental Organization (NGO)." 77 74 Id. at 49. Records, p. 18. 76 Section 7 ofR.A. No. 9175 provides: SEC. 7. Penal Provisions. 1. Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chainsaw Without a Proper Permit. - Any person who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chainsaw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years, two (2) months and one (1) day to six years or a fine of not less than Fifteen thousand pesos (PhP 15,000.00) but not more than Thirty thousand pesos (PhP 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in favor of the government. xxxx 4. Actual Unlawful Use of Chainsaw. -Any person who is found to be in possession of a chainsaw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty thousand pesos (PhP 30,000.00) but not more than Fifty thousand pesos (PhP 50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chainsaw unlawfully used shall be likewise confi?71sated . in favor of the government. /,,,,,,.-. 77 Rollo, pp. 59 and 142. Brgy. Captain Aceveda testified as follows: (/ 75