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DISSENTING OPINION

Supreme Court En Banc Decision GR # 224469

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...

SEPARATE CONCURRING OPINION

Supreme Court En Banc Decision GR # 224469

  PERLAS-BERNABE, J.:I concur in the result. Petitioners Diosdado Sama y Hinupas and Bandy Masanglay y Aceveda (petitioners) should be acquitted for the prosecution's failure to prove beyond reasonable doubt their criminal liability under Section 77 of the Fo...

V

Supreme Court En Banc Decision GR # 224469

    There are at least six provisions in the 1987 Constitution which protect the rights of indigenous peoples to their customs, heritage, and traditions:[148] (1) Article 2, Section 22;[149] (2) Article VI, Section 5(2);[150] (3) Article XII, Section 5;[151]...

SEPARATE OPINION

Supreme Court En Banc Decision GR # 224469

  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 cont...

SEPARATE CONCURRING OPINION

Supreme Court En Banc Decision GR # 224469

ZALAMEDA, J.:Petitioners are before this Court seeking their acquittal from the offense punished under Section 77 of Presidential Decree No. 705 (P.D. 705), specifically the offense of cutting down a tree without the requisite permit or authority. Petitioners,...

DISSENTING OPINION

Supreme Court En Banc Decision GR # 224469

    LOPEZ, J.:This case stemmed from an Information dated May 27, 2005, charging Diosdado Sama and Bandy Masanglay (petitioners) with violation of Section 77[1] of Presidential Decree (PD) No. 705, known as the Revised Forestry Code of the Philippines. Alleg...

United Nations Declaration On The Rights Of Indigenous Peoples

UNDRIP

Resolution adopted by the  General Assembly on 13 September 2007 [without reference to a Main Committee (A/61/L.67 and Add.1)] 61/295. United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Taking note of the recommendation of...

Preamble

Human Rights Instruments Core Instrumen...

The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is ...

PART I

Human Rights Instruments Core Instrumen...

    Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispos...

PART II

Human Rights Instruments Core Instrumen...

    Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as rac...

PART III

Human Rights Instruments Core Instrumen...

    Article 6 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for...

PART IV

Human Rights Instruments Core Instrumen...

Article 28 1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided. 2. The Committee shall be compose...

PART V

Human Rights Instruments Core Instrumen...

  Article 46 Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the ...

PART VI

Human Rights Instruments Core Instrumen...

Article 48 1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been inv...

Preamble

Universal Declaration of Human Rights (...

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous act...

Articles

Universal Declaration of Human Rights (...

Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in t...

Link to the subject

Montevideo Convention on the Rights and...

  https://www.ilsa.org/Jessup/Jessup15/Montevideo%20Convention.pdf

Link to the subject is below

Vienna Convention on the Law of Treatie...

    Vienna Convention on the Law of Treaties (1969)  

The Bretton Woods Conference, 1944

Bretton Woods Agreement (1944)

The Bretton Woods Conference, officially known as the United Nations Monetary and Financial Conference, was a gathering of delegates from 44 nations that met from July 1 to 22, 1944 in Bretton Woods, New Hampshire, to agree upon a series of new rules for the...

Nuremberg Code

Nuremberg Code (1947)

  The Nuremberg Military Tribunal’s decision in the case of the United States v Karl Brandt et al. includes what is now called the Nuremberg Code, a ten point statement delimiting permissible medical experimentation on human subjects. According to this stat...