Separate Opinion
19
G.R. No. 224469
omitted intentionally);,42 it can be logically concluded that the limitation on
the authority to those issued only by the DENR has been intentionally
removed.
Considering the foregoing, I am of the view that the "authority"
contemplated in P.D. 705, as amended, should no longer be limited to those
granted by the DENR. Rather, such authority may also be found in other
sources, such as the IPRA. 43
To have a strict interpretation of the term "authority" under Sec. 77 of
P.D. 705 despite the clear evolution of its text would amount to construing a
penal law strictly against the accused, which cannot be countenanced. To
stress,
[o]nly those persons, offenses, and penalties, clearly included, beyond any
reasonable doubt, will be considered within the statute's operation. They
must come clearly within both the spirit and the letter of the statute, and
where there is any reasonable doubt, it must be resolved in favor of the
person accused of violating the statute; that is, all questions in doubt will be
resolved in favor of those from whom the penalty is sought. 44
More importantly, to construe the word "authority" in P.D. 705, Sec.
77 as excluding the rights ofICCs/IPs already recognized in the IPRA would
unduly undermine both the text and the purpose of this novel piece of
legislation and significantly narrow down the rights recognized therein.
The varying positions
in the case show
reasonable doubt which
calls for petitioners' acquittal
The discussion above lays down my position that petitioners cannot be
held liable for violating P.D. 705. Nevertheless, even if the premises I have
laid down would be rejected by the Court, I maintain that petitioners in this
case should be acquitted. ·
Contrary to the assertions I have put forth, Chief Justice Peralta dissents
and puts the present issues in a different perspective, mainly arguing that the
ancestral domains of the indigenous peoples were never carved out from the
application of the country's forestry laws, whether by the IPRA or by P.D.
705, 45 and that ancestral domains are not exempted from the regulations in
place that pertain to forest use. He adds that the IPRA and P.D. 705 are not
pitted against each other, as they cover applications, and complement rather
42
43
44
45
Association of Non-Profit Clubs, Inc. v. Bureau of Internal Revenue, G.R. No. 228539, June 26, 2019,
accessed at <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65316>.
This should not be taken to mean that mere ownership, especially as understood in civil law, already
constitutes the "authority" required by Sec. 77, P.D. 705. As discussed, the ownership exercised by the
IPs over their ancestral domains is different from the civil law understanding of ownership.
People v. Garcia, 85 Phil. 651, 686 (1950).
Chief Justice Peralta's Dissenting Opinion, pp. 22-23.
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