Issues

Is there evidence beyond reasonable doubt, first, of petitioners' ethnicity as Iraya-Mangyan IPs, and second, of the elements of violation of Section 77 of PD 705, as amended? As for the latter, is there evidence beyond reasonable doubt that:

1. the dita tree which petitioners had cut and collected is a specie of timber?;
   
   
2. the dita tree was cut and collected from a forest land, an alienable or disposable public land, or a private land, as contemplated in Section 77 of PD 705, as amended?; and,
   
   
3. the cutting of the dita tree was done without any authority granted by the State?