Dissenting Opinion - 28 - G.R. No. 224469 The testimony, however, is insufficient to prove that the cutting of the tree was for the construction of a communal toilet. If petitioners indeed cut the tree for the toilet at the instance of the NGO, the defense should have presented petitioners instead of the barangay captain who has no personal knowledge of the circumstances leading to the arrest of the accused and any representative from the NGO to testify at the stand. It should have submitted such other supporting documentation such as plans and illustrations of the supposed communal toilet which are readily available to the NGO. The Atty. Florita: Your Honor, we are presenting Rolando Aceveda as witness to prove that there was a project by a NGO for the construction of the community comfort room at Baco and to prove that the place where the tree allegedly cut were located at the portion of the land owned by the Mangyans of Oriental Mindoro. With the kind permission of the Honorable Court? xxxx Q: On that day Mr. Witness when you were resting along thefoad did you witness anything unusual? A: Yes ma'am. Q: And what was that Mr. Witness? A: Several policemen and DENR employees passed by ma'am. Q: Did you ask them where they were going? A: Yes ma'am. Q: And what did they say? A: According to them they were going to a place called Laylay in the Municipality of San Teodoro ma'am. Did they tell you what the reason was in visiting the place? Q: A: No ma'am. Q: And then what happened next Mr. Witness? A: They already went ahead ma'am. Q: Hours after the policemen and the employees of the DENR passed by what happened, Mr. Witness? A: After more or less two to three hours later they already returned ma'am. Q: Did you notice anything unusual Mr. Witness? A: Yes, ma'am. Q: And what was that? A: They were already being accompanied by three mangyan persons ma'am. Q: And could you identify before this Court who these mangyans were? A: Yes ma'am. Q: Could you identify the three? A: Diosdado Sama, Bandy Masanglay, and Demetria Masangfay ma'am. Q: What was the reason that they were taken under custody by these policemen? A: They cut down trees or lumbers ma'am. Q: And where was the felled log cut Mr. Witness according to them? A: In a land owned by the Mangyans ma' am. Q: Where in particular Mr. Witness? A: In Sitio Matahimik Barangay Baras, Baco ma'am. Q: And according to them, what was the reason why that log was cut Mr. Witness? A: Those logs would be used in a project being initiated by an NGO ma'am. Q: What NGO and what project was it Mr. Witness? A: Team MISSION ma'am. Q: What particular project Mr. Witness? A: Construction of a community comfort room ma'am. Q: And you stated earlier Mr. Witness that the felled log was cut in the portion of the land owned by the Mangyans of Oriental Mindoro, am I correct? A: Yes ma'am. Q: Do you have any proof that the (discontinued) do you know of any proof that will establish the fact of ownership of the Mangyans? A: Yes ma'am. Q: What document is it Mr. Witness? A: CADC 126 ma'am. xxxx Q: And you know of the project by Team MISSION as regards the construction of the community comfort room because you yourself is also a Mangyan am/ the ~barangay captain of the area, is th?Yt correct? // A: Yes ma'am. (TSN 5, pp. 3-8) V