It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. A strict application of the rules would blur this bigger, far more important picture. Users of financial reports LockA locked padlock Proclamation No. Cannot I transfer my license? The impact of watershed degradation threatens the livelihood of thousands of people dependent upon it. He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. On March 24, 1986, petitioner Edna T. Collado filed an Amended Application to include additional co-applicants.4 Subsequently, more applicants joined (collectively referred to as "petitioners" for brevity).5. Issuance of Permit, Licenses, ECC Lease Agreements and Other Similar Instruments by permitting agencies. /Parent 3 0 R The above certification on which petitioners rely that a reclassification had occurred, and that the Lot is covered by the reclassification, is contradicted by several documents submitted by the Solicitor General before the land registration court. 35 Republic vs. Court of Appeals, 201 SCRA 1 (1991). ( Featured Projects Learn about successful local BLM projects implemented through stewardship contracting. The Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory claims. FERDINAND E. MARCOSPresident of the Philippines", A positive act (e.g., an official proclamation) of the Executive Department is needed to declassify land which had been earlier classified as a watershed reservation and to convert it into alienable or disposable land for agricultural or other purposes.35 Unless and until the land classified as such is released in an official proclamation so that it may form part of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.36. (Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@a *{pBES,( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (6l%qs@ ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( QE QE QE QE QE QE QE QE RE Z(E7Rn)aCRn(:P;SA=sHIKI@Q@EPEP0( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( J ( ( ( ( ( ( ( Kp; ZT#Fs$x O%QE Indeed, all lands of the public domain as well as all natural resources enumerated in the Philippine Constitution belong to the State. (Sgd.) From these watersheds come the natural God-given precious resource water. ( ( It prescribed rules and regulations for the homesteading, selling and leasing of portions of the public domain of the Philippine Islands, and prescribed the terms and conditions to enable persons to perfect their titles to public lands in the Islands. 1. 6 Consolidated Rejoinder, pp. They claim to have established their private rights to the subject land. Mago vs. Court of Appeals48 reiterated the ruling in Director of Lands vs. Court of Appeals, where the Court allowed the motions for intervention even when the case had already reached this Court. Its proper aim is to facilitate the application of justice to the rival claims of contending parties. endstream WebThe Marine Stewardship Council (MSC) is responsible for these requirements. N-59179 is AFFIRMED. May avail of assistance provided by other government and non-government organizations, Develop and utilize their allocated land consistent with sound ecological practices in accordance with the approved plans of the CBFM-PO, Assist in the conduct of parcellay survey and delineation of boundaries, Formulate farm plan and participate in the preparation of the CBFMA Five-Year Work Plan (FYWP), Protect and conserve forest growth both within the CBFMA area and those areas adjacent thereto from unauthorized activities, Preserve monuments and other landmarks indicating corners and outline of boundaries of individual property rights, Has the priority right to sub-lease from the Peoples Organization to which the CS holder is a member, portions within the CBFMA areas that are adjacent to or near the land covered by the CS, Follow forest and environmental laws, policies, rules and regulations (e.g., EO 23, easement, etc. That report concluded as follows: "The Casile barangay covered by CLOA in question is situated in the heartland of both watersheds. /Name /Im1 4 0 obj The CBFM strategy recognizes the individual rights of occupancy through the granting of the Certificate of Stewardship (CS). 573 classified as inalienable. The explicitly discusses this need Conceptual Frameworkas well as the need for information that helps users assess the prospects for future net cash inflows to the entity. Mangrove Stewardship CertificateUnder the Mangrove Stewardship Program, the grantor is issued a Certificate of Stewardship allowing the grantee to plant and/or manage and protect permanent mangrove forest for coastline protection and support of coastal fisheries and to sustainably harvest and enjoy all the produce therefrom. 14 AND 16, BOTH SERIES OF 1915, WHICH ESTABLISHED THE WATERSHED RESERVATION SITUATED IN THE MUNICIPALITY OF ANTIPOLO, PROVINCE OF RIZAL, ISLAND OF LUZON, A CERTAIN PORTION OF THE LAND EMBRACED THEREIN AND RESERVING THE SAME, TOGETHER WITH THE ADJACENT PARCEL OF LAND OF THE PUBLIC DOMAIN, FOR TOWNSITE PURPOSES UNDER THE PROVISIONS OF CHAPTER XI OF THE PUBLIC LAND ACT. ( 263, otherwise known as the Community-Based Forest Management Strategy (CBFMS), Amending Certain Provisions of DAO 96-29 and Providing Specific Guidelines for the Establishment and Management of Community-based Forest Management (CBFM) Projects within Protected Areas, Repealing DENR Administrative Order No. 30 Republic vs. Court of Appeals, 349 SCRA 451 (2001). Certificate of Completion means the certificate of completion given by the Engineer-in- charge pursuant to clause 40 of these conditions; Certificate of Insurance means a document showing that an insurance policy has been written and includes a statement of the coverage of the policy. REPUBLIC OF THE PHILIPPINES 42 Sec. Angelina Reynoso declared the property in her name under Tax Declaration No. In the meantime, in order to establish a system of registration by which recorded title becomes absolute, indefeasible and imprescriptible, the legislature passed Act 496, otherwise known as the Land Registration Act, which took effect on February 1, 1903. 1999-29 which Amends Certain Provisions of DAO 96-29 related to the Processing and Approval of Community-based Forest Management Agreement (CBFMA), Guidelines for the Formulation of Community Resource Management Framework and Annual Work Plan for Community Based Forest Management Areas, 132 : Special Forest Landuse Agreement (FLAg), 121 : Integrated Forest Management Agreement, Executive Order No. DAR issues new guidelines on EP, CLOA, other (DENR Administrative Order No. 269-A before the Regional Trial Court of Antipolo, Rizal. Needless to say, a final judgment may be annulled on the ground of lack of jurisdiction, fraud or that it is contrary to law (Panlilio vs. Garcia, 119 SCRA 387, 391) and a decision rendered without jurisdiction is a total nullity and may be struck down at any time (Suarez vs. Court of Appeals, 186 SCRA 339)."9. (Q@((aEPEPEPI 1F( With the exception of agricultural lands, all other natural resources shall not be alienated. 12942 only on August 6, 1991, after the decision had supposedly become final and executory. >> She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. WebTo enter into agreements or contracts with private or government entities for the development of the whole or portions of the CBFMA area; provided, that public bidding All income/proceeds derived from that land shall accrue to the CSV holder. There was a fraud case where some group of people tried to sell forestland under Certificates of Stewardship Contracts (CSCs) by means of &q Protocol Plate Number 1 is issued to the President 2 to the Vice President 3 to the Senate president 4 to the House speaker 5 to the Its the employees responsibility to follow the company policy including notice period on severance regardless of the reason. The Lot is situated in Barangay San Isidro (formerly known as Boso-boso), Antipolo, Rizal, and covered by Survey Plan Psu-162620. (Sgd) ARMENDO R. CRUZSupervising Cartographer, (Sgd) LUIS G. DACANAYChief, Forest Engineering & Infrastructure Section". Subject area also falls within the bounds of Bagong Lipunan Site under P.D. And courts are without jurisdiction to adjudicate lands within the forest zone. In Municipality of Santiago, Isabela vs. Court of Appeals,32 the Court declared that inalienable public lands -. Certificate of Stewardship - Department of Environment Article 67 of the Water Code of the Philippines (PD 1067) provides: "Art. Certificate of Amendment has the meaning set forth in Section 2.1(a) of this Agreement. Even if they submitted sufficient proof that the Lot had been excluded from the MWR upon the issuance of Proclamation No. >> Certificate of Stewardship - PENRO Hence, by constitutional fiat, natural resources remain to this day inalienable properties of the State. x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. The petitioners in Gordula contended, however, that Proclamation No. According to intervenors, they are the actual occupants of the Lot which petitioners sought to register. Certificate of Stewardship is awarded to individuals or families actually occupying or tilling portions of forest lands pursuant to LOI 1260 for a period of 25 years renewable for another 25 years. "x x x inasmuch as the said properties applied for by petitioners are part of the public domain, it is the Director of Lands who has jurisdiction in the disposition of the same (subject to the approval of the Secretary of Natural Resources and Environment), and not the courts. "x x x, "That the land sought to be registered is not a private property of the Registration Applicant but part of the public domain, not subjected to disposition and is covered by Proclamation No. He must overcome the presumption that the land he is applying for is part of the public domain and that he has an interest therein sufficient to warrant registration in his name arising from an imperfect title. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court, or an officer thereof may, with leave of court, be allowed to intervene in the action. 9. ( /Filter [ /DCTDecode ] This non-regulatory Viewed under this legal and factual backdrop, did petitioners acquire, as they vigorously argue, private rights over the parcel of land prior to the issuance of EO 33 segregating the same as a watershed reservation? /XObject << 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. With the exception of agricultural, industrial or commercial, residential, and resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, development, exploitation, or utilization of any of the natural resources shall be granted for a period not exceeding twenty-five years, renewable for not more than twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases beneficial use may be the measure and the limit of the grant. When the conditions set by law are complied with, the possessor of the land, by operation of law, acquires a right to a grant, a government grant, without the necessity of a certificate of title being issued."31. Petitioners alleged that they have occupied the Lot since time immemorial. The study also revealed such other problems as: continued opening/occupancy of forest areas not originally covered by the December 1981 cut-off date and those excluded in the ISFP, political interference, inadequate or lack of skilled manpower to provide technical assistance and related services to the CSC recipients. Q 129 on the ground that there had been no clear showing that the Lot had been previously classified as alienable and disposable making it subject to private appropriation. The Forest Management Bureau of the Department of Environment and Natural Resources provides technical guidance to the central and field offices for the effective protection, development, and conservation of forestlands and watersheds. /Producer () 2004-29; DENR Administrative Order No. In Gordula, petitioners did not contest the nature of the land. 33 dated July 26, 1904 per Proclamation No. In Republic vs. De los Angeles,44 which involved the registration of public lands, specifically parts of the sea, the Court rejected the principle of res judicata and estoppel to silence the Republics claim over public lands. G.R. No. 107764 - Lawphil 33 dated July 2, 1904 which established the Marikina Watershed Reservation (IN-12) x x x. Forest lands, including watershed reservations, are excluded. Proclamation No. 39-41; Rollo, pp. Additional owners BERNARDINA TAWAS, JORETO TORRES, JOSE AMO, VICENTE TORRES and SERGIO MONTEALEGRE who bought portions of the property from Edna Collado through a Deed of Sale on 6 November 1985 (Exhibit "Q" to "Q-3"). 585 dated June 5, 1990 excluding 1,430 hectares from the operation of EO 33 and placed the same under the DENRs Integrated Social Forestry Program. The result will not change even if we tack in the two years Sesinando Leyva allegedly possessed the Lot from 1902 until the issuance of EO 33 in 1904. This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). (Sgd.) We also hold that environmental consequences in this case override concerns over technicalities and rules of procedure. No. Finally, it is of no moment if the areas of the MWR are now fairly populated and vibrant communities as claimed by petitioners. In due course, the land registration court issued an order of general default against the whole world with the exception of the oppositors. Certificate of Stewardship Contract (CSC), Community-Based Forest Management Agreements or CBFMAs, and Protected Area Community-Based Resource Management Agreement or (PACBRMA) on portions of forest land for qualified occupants. 263, Otherwise Known as the Community-based Forest Management Strategy (CBFMS), Guidelines on the Establishment of Community-based Forest Management (CBFM) Projects within Mangrove Areas, Amendments of DENR A.O. This case has already claimed at least five lives due to the raging dispute between the rival camps of the petitioners on one side and those of the DENR awardees on the other. 41 Petitioners claim that the Solicitor General received a copy of the decision as early as February 18, 1991. Act 2874, the second Public Land Act, superseded Act No. The 1973 Constitution reiterated the Regalian doctrine in Section 8, Article XIV24 on the "National Economy and the Patrimony of the Nation". 12 "We, having acquired full sovereignty over the Indies, and all lands, territories, and possessions not heretofore ceded away by our royal predecessors, or by us, or in our name, still pertaining to the royal crown and patrimony, it is our will that all lands which are held without proper and true deeds of grants be restored to us according as they belong to us, in order that after reserving before all what to us or to our viceroys, audiencias, and governors may seem necessary for public squares, ways, pastures, and commons in those places which are peopled, taking into consideration not only their present condition, but also their future and their probable increase, and after distributing to the natives what may be necessary for tillage and pasturage, confirming them in what they now have and giving them more if necessary, all the rest of said lands may remain free and unencumbered for us to dispose as we may wish.". Certificate of Stewardship | PENRO Occidental Mindoro RECOGNITION OF INDIVIDUAL PROPERTY The study also revealed such other problems as: continued opening/occupancy of forest areas not originally covered by the December 1981 cut-off date and those excluded in the ISFP, political interference, inadequate or lack of skilled manpower to provide technical assistance and related services to the CSC recipients. ( The CS is an agreement entered into by and between the government and individuals/families actually occupying or tilling portions of the forestlands covered with Community-Based Forest Management (CBFM) Agreement. It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. The Solicitor General submitted to the land registration court a Report37 dated March 2, 1988, signed by Administrator Teodoro G. Bonifacio of the then National Land Titles and Deeds Registration Administration, confirming that the Lot described in Psu-162620 forms part of the MWR. No. Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. However, the main thrust of petitioners claim over the Lot is that "all Presidential proclamations like the proclamation setting aside the Marikina Watershed Reservation are subject to private rights." 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. They claimed that they are the actual occupants of the Lot pursuant to the certificates of stewardship issued by the DENR under the ISF for tree planting purposes. 7182 issued on 3 February 1957 (Exhibit "I" and testimony of Mariano Leyva, supra). A lock ( /Contents 5 0 R The Solicitor General maintained that the decision was null and void. ( Department of Environment and Natural Resources The exceptions are some areas where CSC is not generally acceptable such as in the Cordilleras, in predominantly Muslim areas in Mindanao, and where there are existing petitions that lands currently occupied be released as alienable and disposable. Petitioners declared the Lot for taxation purposes and paid all the corresponding real estate taxes. No. Subsequently, then President Aquino issued Proclamation No. q Note: All data are approximate and subject to change based on future survey. Upon cancellation of a Certificate of Stewardship, the GRANTEE loses the right to nominate another qualified individual/s or couple to take over his/her stewardship.This Stewardship Agreement may be pre-terminated by mutual agreement of the contracting parties. ( WebThe DENR awarded Receipt of Stewardship Contracts in individuals. Licenses are non-transferable. 5. What's The: Certificates Stewardship Contract (CSC) of 33 ("EO 33" for brevity) dated July 26, 190410 established the Marikina Watershed Reservation ("MWR" for brevity) situated in the Municipality of Antipolo, Rizal. stream It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. The law bars the ARBs to transfer the awarded land during a holding period of 10 years and that is while the amortization to the government has not yet been fully paid. Done in the City of Manila, this 18th day of April, in the year of Our Lord, nineteen hundred and seventy-seven. Considering that the people have little if no direct interest in the protection of the Matangtubig structures they couldnt care less even if it would be destroyed. Prescinding from this premise, petitioners urge that the 25-year possession by petitioner Gordula from 1944 to 1969, albeit five (5) years short of the 30-year possession required under Commonwealth Act (C.A.) The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit: (a) Those who prior to the transfer of sovereignty from Spain to the United States have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have, with or without default upon their part, or for any other cause, not received title therefor, and such applicants or grantee and their heirs have occupied and cultivated said lands continuously since the filing of their applications. >> ( 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902. Stewardship In the case that the Certificate of Stewardship shall be issued to spouses, both husband and wife shall sign this Agreement. DENR Administrative Order No. stream No. It is obvious, based on the facts on record that neither petitioners nor their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the Lot for at least thirty years immediately preceding the filing of the application for confirmation of title. Locations and boundaries of reported plantations established from 1995 to 1997 cannot be located on the ground by the team neither by the representative of the IFMA holder who accompanied the validating team; and C. No plantation was established during CY 1998. The 1987 Constitution reaffirmed the Regalian doctrine in Section 2 of Article XII25 on "National Economy and Patrimony". All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. ( In the meantime, on May 7, 1991, the land registration court issued an order directing the Land Regulation Authority to issue the corresponding decree of registration in favor of the petitioners. Community Based Forest Management Agreement, Socialized Industrial Forest Management Agreement, Forest Land Use Agreement/Forest Land Use Agreement for Tourism, Approval of Integrated Annual Operations Plan, Certificate of Registration as Log/Lumber Dealer, Certificate of Origin for Logs, Timber, Lumber and Non-timber Forest product, Securing Export Authority for finished and Semi finished Wood products, Department of Environment and Natural Resources, Ecosystems Research and Development Bureau, National Mapping and Resource Information Authority, Natural Resources Development Corporation, Palawan Council for Sustainable Development, Philippine Mining Development Corporation. THE Department of Agrarian Reform (DAR) has issued new rules and procedures governing the cancellation of registered emancipation patents (EPs), certificates of land ownership awards (CLOAs), and other titles issued under the Agrarian Reform Program through Administrative Order 07, Series of 2014. Comments will be considered as part of the next review process. Petitioners assert that Lot Psu-162620 is a small part of this excluded town site area. XII, Sec. On November 29, 1991, Bockasanjo ISF Awardees Association, Inc., an association of holders of certificates of stewardship issued by the Department of Environment and Natural Resources ("DENR" for brevity) under its Integrated Social Forestry Program ("ISF" for brevity), filed with the Court of Appeals a Motion for Leave to Intervene and to Admit Petition-In-Intervention. For failure of the oppositors to present their evidence, the land registration court issued an order considering the case submitted for decision based on the evidence of the petitioners. The following ruling may be applied to this case by analogy: "A forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers may have stripped it of its forest cover.
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