Separate Concurring Opinion
.14
G.R. No. 224469
logging of a tree is c~oinmitted within the legitimate bounds of the exercise
of an IP's rights_ and within their lands or domains, the act cannot be
considered a violation of Sec. 77 of P.D . 705.
At any. rate, petitioners' unique relations with their lands and the
State's recognition of the same through various laws and international
concessions put ind.oubt petitioners' culpability under P.D. 705. The fact that
petitioners were apprehended while cutting a single tree, an act which is
intrinsically tied to their life in the ICC and within their ancestral domain,
puts in question the definition and coverage of the prohibition. I submit that
such doubts should be resolved in favor of the accused. In dubio pro reo.
When moral certainty as to culpability hangs in the balance, acquittal on
reasonable doubt inevitably becomes a matter of right. 49
In summation, an acknowledgment of the Mangyan's unique way
of life negates, or at the very least, casts doubt on petitioners' intent to
perpetrate the prohibited act. Taken with the fact that petitioners were
caught cutting only one (1) dita tree at the time they were apprehended, and
that it was done in obedience to the orders of their elders, it is clear that the
cutting of the tree was a casual, incidental, and harmless act done within the
context of their customary tradition. As the ~Court of last resort, We are
called upon to look into the meaning and scope of the prohibition beyond the
literal wording of the law.
In view thereof, I vote to GRANT the Petition and acquit the accused
on reasonable doubt.
49
footnote 157 of Samahan ng mga Progresibong Kabataan v. Quezon City, G.R. No. 225442, 08 August
2017, 815 Phil. 1067-1174 (2017).
Za'ray
Dechosa v. Peoiple, G.R. No. l 90749, 25 April 2012.• 686 Phil. 1095-1110;.
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V~Mdi¼.~A-~s;!''''~
Deputy Clerk of Court En Banc
OCC En Banc.Supreme Court