Dissenting Opinion
G.R. No. 224469
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As explicitly stated, all "natural resources are owned by the State." While
categories of lands (i.e. lands of public domain and agricultural lands) were
therein provided, there is no qualifier created for timber and other natural
resources. Moreover, while the provision allows the alienation of agricultural
lands, it prohibits the alienation of natural resources. Accordingly, Section 77
punishes the cutting of timber - a natural resource - regardless of the character of
the land where the tree was once situated.
Consistent with the State's ownership of natural resources, Section 57 of
the IPRA accords IPs mere "priority rights" in the utilization of natural resources
is clear from the congressional deliberations therefor:
HON. DOMINGUEZ: Mr. Chairman, ifl may be allowed to make a very
short Statement. Earlier, Mr. Chairman, we have decided to remove the
provisions on natural resources because we all agree that belongs to the State.
Now, the plight or the rights of those indigenous communities living in forest and
areas where it could be exploited by mining, by dams, so can we not also provide
a provision to give little protection or either rights for them to be consulted before
any mining areas should be done in their areas, any logging done in their areas
or any dam construction because this has been disturbing our people especially
in the Cordilleras.
Based on the foregoing, the subject timber or dita tree in this case was
owned by the State even if it stood within an ancestral domain. Considering that
petitioners admitted that they cut the dita tree found within the ancestral domain,
the first element of Section 77 is present. 7 (Citations omitted.)
Therefore, the State has the power to enact l::rws to regulate the logging of
trees and the utilization of timber and other natural resources found therein.
Precisely, PD No. 705 is an example of such regulation.
Seventh. The Legislature intended to impose an all-encompassing and
overreaching prohibition to log trees without license or permit. This is evident
from the government regulations on the rights of private landowners to cut, gather,
and utilize trees.
For instance, under DENR Administrative Order (AO) No. 2000-21, a
Private Land Timber Permit must be applied for even by a landowner "for the
cutting, gathering and utilization of naturally grown trees in private lands." 8 On
the other hand, a Special Private Land Timber Permit is "issued to a landowner
specifically for the cutting, gathering and utilization of premium hardwood species
including Benguet pine, both planted and naturally-grown trees.'' 9 Interestingly,
even the ownership, possession, sale, importation, and use of chainsaw is regulated
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by the government, to conserve, develop and protect
. the forest resources. These
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Separate Opinion of Senior Associate Justice Estela M. Perlas-Bernabe, pp. 2-4.
DENR Administrative Order No. 2000-2!; See <https://forestry.dem.gov.ph/index.php/frnb-product-andservices/private-land-timber-permit>, accessed last August 20, 2020
DENR Administrative Order No. 2000-21, s,~e <hltps:i/forest:ry.denr.gov.ph/index.php/fmb-product-andservices/special-private-land-timber-permit>, accessed last August 20, 2020
Chain Saw Act of 2002, Republic Act No. 9175, November 7, 2002
Section 2 thereof provides:
SEC. 2. Declaration of Policy. -- It is the policy of the State, consistent with the Constitution, to conserve,
develop and protect the forest resources under sustajn.:l.hle management. Toward this end, the State shall
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