Back

Sama and Masanglay vs. People [DISSENTING OPINION, PERALTA, C.J.]

DIOSDADO SAMA Y HINUPAS AND BANDY MASANGLAY Y ACEVEDA, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 224469 | 2021-01-05

DISSENTING OPINION

PERALTA, C.J.:

The facts of the case are simple.  Petitioners were charged with violation of Section 68,[1] now Section 77, of Presidential Decree No. 705 (P.D. No. 705),[2] as amended, for cutting a Dita tree within the lands of Baco, Oriental Mindoro, without the authority required therein. The Information reads:
 
That on or about the 15th day of March 2005, at Barangay Calangatan, Municipality of San Teodoro, Province of Oriental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without any authority as required under existing forest laws...