Dissenting Opinion
G.R. No. 224469
- 32 -
where Mounts Iglit-Baco Natural Park is located. 90 To recall, the dita tree
was cut in the Barangay Calangatan, Municipality of San Teodoro. It must
also be mentioned that both Pres. Proc. No. 557 and R.A. No. 6148
expressly identified only the Batangan tribe, one of the eight ethno-linguistic
groups of the Mangyans, as the IP group which shall be allocated a 1,000hectare area within the protected area for their settlement and development.
But petitioners herein are Iraya-Mangyans and are not part of the Batangan
tribe. 91 Evidently, the land subject of the present case is not part of the
protected area that is Mounts Iglit-Baco Natural Park and is, therefore, not
subject to the provisions of the ENIPAS Act.
In the second place, even if We assume that the subject land is
covered by the ENIPAS Act, petitioners are nonetheless liable for violating
the provisions thereof. Contrary to Justice Perlas-Bemabe's postulation, IPs
still do not possess an unbridled right to log trees within a protected area. A
cursory perusal of the ENIPAS Act and its 'IRR reveals that these protected
areas are, in fact, strictly regulated, perhaps even stricter than unprotected
ones. Pursuant to the provisions of the ENIPAS Act and its IRR, any tree
cutting activity to be conducted by IPs within protected areas must first
satisfy the following requirements: (1) a cutting permit from the Protected
Area Superintendent (PASu) which is primarily accountable to the Protected
Area Management Board (PAMB) and the DENR for the management and
operations of the protected area; 92 (2) the tree shall be solely for traditional
and subsistence uses; (3) only five cubic meters per applicant per year is
allowed; 93 ( 4) no permit shall be required of Protected Area Community
90
According to the Guidebook to Protected Areas in the Philippines, published by the Biodiversity
Management Bureau and the DENR (2015), Mounts Iglit-Baco Natural Park was first established as a
tamaraw reservation and bird sanctuary by virtue of Presidential Proclamation No. 557 in 1969, as a
national park under R.A. No. 6148 in 1970, and as a protected area under both the NIP AS Act in 1992 and
ENIPAS Act in 2018. It encompasses the municipalities of Sablayan, Calintaan, Rizal, and San Jose in
Occidental Mindoro as well as municipalities of Gloria, Bansud, Bongabon, and Mansalay in Oriental
Mindoro.
91
The Guidebook to Protected Areas in the Philippine&, id., stated that the Mangyans, an indigenous
group of Mindoro, is further classified into at least eight ethno-linguistic groups: Iraya, Batangan,
Hanuno'o, Alangan, Ratagnon, Tagaydan or Tadyawan, Buhid and Pula.
92
Section 11-B of the ENIP AS Act provides that
"Sec. 11-B. The Protected Area Management Office (PAMO). - There is hereby established a
Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent (PASU)
with a permanent plantilla position who shall supervise the day management, protection and administration
of the protected area. A sufficient number of support staff with permanent plantilla position shall be
appointed by the DENR to assist the PASU in the management of the protected area.
"The PASU shall be primarily accountable to the PAMB and the DENR for the management and
operations of the protected area. Pursuant thereto, the PASU shall have the following duties and
responsibilities: x x xx
"(i) Issue permits and clearances for activities that implement the management plan and other
permitted activities in accordance with terms, conditions, and criteria established by the PAMS: Provided,
That all permits for extraction activities, including collection for research purposes, shall also continue to
be issued by relevant authorities, subject to prior clearance from the PAMB, through the PASU, in
accordance with the specific acts to be covered;
93
The IRR of the ENIPAS Act provides:
Rule 11-B.3 In addition to the functions enumerated in Section 11-B, the PASU shall perform
the following duties and responsibilities: x x x
d. Recommend actions for cutting permit for planted trees solely for the traditional and
subsistence uses by ICCs/lPs and tenured migrants, of up to five (5) cubic meters per applicant per
year. Provided, that, PACBRMA holders with affirmed Community-based Resource Management Plan
shall no longec be issued cotting pennits. Prnvided, finthec,
th~ total volume cut shall not e x e ~
°!"'
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