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Sama and Masanglay vs. People [SEPARATE OPINION, CAGUIOA, J.]

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

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

SEPARATE OPINION

CAGUIOA, J.:

The factual backdrop of the case is simple and quite straightforward: petitioners, who are members of the Iraya-Mangyan indigenous community and residing within their ancestral domain in the hinterlands of Baco, Oriental Mindoro, within the contemplation of the Republic Act No. (R.A.) 8371 or the Indigenous Peoples' Rights Act (IPRA), felled one dita[1] tree for the construction of a communal toilet, without having first secured a permit from the Department of Environment and Natural Resources (DENR) pursuant to Section. 77[2] of the Forestry Reform Code of the Philippines (Presidential...