Dissenting Opinion
- 29 -
G.R. No. 224469
State, therefore, was deprived of its right to cross-examine the petitioners
and test the credibility of their defense. Indeed, the admission of the solitary
witness' testimony without personal knowledge violates the fundamental
principles of justice and rules of fair play. 78
To me, presentation of such evidence is vital in order to ensure that
the dangers posed by the loopholes existing in the law are prevented. Highly
probable, if not already rampant, is the scenario where actual, illegal loggers
course their criminal~ activities through IPs who, through the present
majority opinion, will now be free from any liability whatsoever under the
law. Surely, the majority could not have intended on exempting from the
provisions of P.D. No. 705 persons other than members of indigenous
communities who may very well convince these IPs to do the cutting for
them. Neither could the IPRA have intended on authorizing non-IPs to
exercise much less benefit from the rights granted therein. As a
consequence, therefore, doubts arise as to the applicability of the provisions
of the IPRA to the present case and whether the same can even be invoked
at all. This notwithstanding, while it may be argued that such dangers can be
addressed during trial, assuming the true perpetrators are apprehended, the
damage which P.D. No. 705 seeks to prevent would have already been done,
for one cannot re-plant the felled trees that took decades to mature.
Third, in their Supplement to the Motion for Reconsideration filed
before the trial court, petitioners sought the court's consideration arguing
that Iraya-Mangyans of the area did not altogether disregard the regulatory
measures imposed by the State. 79 They averred that even before the passage
of the IPRA, resource use permits were applied for and extended to IPs of
the area by the DENR. As proof, petitioners presented a copy of the
endorsement of the list of CSC holders issued by the DENR-CENRO of
Calapan City. In fact, petitioners even stated in their Motion to Quash that
the jurisdiction of the DENR over forest products is recognized and
respected by the IPs. 80 Since petitioners had already established the practice
of coordinating with the government, through the DENR, and complying
with permit requirements thereof, I do not see any valid reason why they
omitted to do so now.
Fourth, in the same Motion to Quash, petitioners cited an incident
where the Tagbanua tribe logged numerous trees without a permit in Coron,
Palawan, for the repair of handrails at the Kayangan Lake. 81 When the
DENR tried to confiscate the logs, the tribe claimed they do not need a
permit since the cutting was for the benefit of the community. By the simple
allegation of community benefit, the Tagbanuas and all other IPs who log
78
DST Movers Corporation v. People's General Insurance Corporation, 778 Phil. 235, 248-249
(2016).
79
80
81
Records, p. 277.
Id. at 170.
Id.
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