( In fact, intervenors did not specifically seek any relief apart from a declaration that the Lot in question remains inalienable land of the public domain. There is no dispute that Executive Order No. 269-A, LRC Rec. A major finding of the study was that the CSC recipients are apprehensive of their land security after 25 years and fear that the government might get back the land covered by the CSC after it has been fully developed. Co-owners DIOSDADO ARENOS, RODRIGO TUTANA, CHONA MARCIANO and AMELIA MALAPAD jointly sold their shares to new OWNERS GLORIA R. SERRANO, IMELDA CAYLALUAD, NORBERTO CAMILOTE and FIDELITO ECO through a Deed of Sale dated 18 January 1987 (Exhibit "T" to "T-9")."6. means a document recognizing the Commissioners issuance of a Long-Term Stewardship Permit for the Facility. In a decision dated June 22, 1992, the Court of Appeals granted the petition and declared null and void the decision dated January 30, 1991 of the land registration court. No. << MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). 585 for Integrated Social Forestry Program hence, L.R.C. REVISED PCSD ADMINISTRATIVE ORDER NO. 06 269-A. (DENR Administrative Order No. 1283 on June 21, 1974. /Resources << CORAZON C. AQUINOPresident of the Philippines", Pursuant to Proclamation No. 12942 only on August 6, 1991, after the decision had supposedly become final and executory. More so, the introduction of earth disturbing activities like road building and erection of permanent infrastructures. 285-287. Stewardship Contracting The land registration court rendered its decision on January 30, 1991 and the Solicitor General received a copy of the decision on April 23, 1991.41 Petitioners point out that the Solicitor General filed with the Court of Appeals the petition for annulment of judgment invoking Section 9(2) of BP Blg. On this date, counsel for oppositors failed to appear again despite due notice. Reviews will take place at least every 5 years. He declared the property for tax purposes, the latest of which was under Tax Declaration No. 5 0 obj It focuses on the insights 98 - 45 "Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas" Department of Environment and Natural Resources, June 24, 1998 Presidential Executive Order 263 Series of 1995. /ColorSpace /DeviceRGB The letter states: "That the land sought to be registered is situated at San Isidro (Boso-boso), Antipolo, Rizal, with an area of ONE HUNDRED TWENTY SIX POINT ZERO SEVEN SIXTY SIX (126.0766) hectares, more particularly described in Psu-162620, which is within the Marikina Watershed Reservation under Executive Order No. 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. /ProcSet [ /PDF /ImageC ] Even if they submitted sufficient proof that the Lot had been excluded from the MWR upon the issuance of Proclamation No. There are not much information since they are not yet listed in PSE. Those shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.". N-55948 and was issued Decree No. REPUBLIC OF THE PHILIPPINES 25597, which declared null and void the Decision3 dated January 30, 1991 of the Regional Trial Court of Antipolo, Rizal, Branch 71, in LRC No. "Forest lands" do not have to be on mountains or in out of the way places. 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. Petitioners case falters even more because of the issuance of Proclamation No. In the case at bar, the private respondents failed to present any evidence whatsoever that the land applied for as described in Psu-162620 has been segregated from the bulk of the public domain and declared by competent authority to be alienable and disposable. To be sure, the Court of Appeals did not pass upon the actual status of intervenors in relation to the Lot as this was not in issue. 1283, DATED JUNE 21, 1974, WHICH ESTABLISHED THE TOWNSITE RESERVATION IN THE MUNICIPALITIES OF ANTIPOLO AND SAN MATEO, PROVINCE OF RIZAL, ISLAND OF LUZON BY INCREASING THE AREA AND REVISING THE TECHNICAL DESCRIPTION OF THE LAND EMBRACED THEREIN, AND REVOKING PROCLAMATION NO. With the exception of agricultural lands, all other natural resources shall not be alienated. State ownership of natural resources was seen as a necessary starting point to secure recognition of the states power to control their disposition, exploitation, development, or utilization. Certificate of Conformance means a document issued by the NCWM based on testing by a participating laboratory that constitutes evidence of conformance of a type. Third issue: Whether the petition-in-intervention is proper. 30 Republic vs. Court of Appeals, 349 SCRA 451 (2001). "40, Second Issue: Whether the petition for annulment of judgment. Development of non-timber forest resources, Biodiversity utilization and conservation, Agroforestry (in areas identified as suitable for agriculture), Cutting of trees along gullies, steep slopes, river channels and other identified critical areas. The TDR Exchange makes it easy for TDR certificate holders (owners) and potential buyers (often and where there are existing petitions that lands currently occupied be released as alienable and disposable. 15856 in the name of petitioners may be attacked at any time, either directly or collaterally, by the State which is not bound by any prescriptive period provided for by the Statute of Limitations.". ( 10 0 obj DAR issues new guidelines on EP, CLOA, other Petitioners do not claim to have documentary title over the Lot. The same, however, has already been amended by Presidential Decree No. 585 reads: AMENDING FURTHER EXECUTIVE ORDER NO. 35 Republic vs. Court of Appeals, 201 SCRA 1 (1991). No. They should have forewarned the respondent judge from assuming jurisdiction over the case. /Subtype /Image The evidence of record thus appears unsatisfactory and insufficient to show clearly and positively that the Lot had been officially released from the Marikina Watershed Reservation to form part of the alienable and disposable lands of the public domain. This non-regulatory On August 8, 1991, they filed a Motion for Leave to Intervene and to Admit Opposition in Intervention before the land registration court to assert their rights and to protect their interests. Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. >> The Court said: "It should be noted further that the doctrine of estoppel or laches does not apply when the Government sues as a sovereign or asserts governmental rights, nor does estoppel or laches validate an act that contravenes law or public policy, and that res judicata is to be disregarded if its application would involve the sacrifice of justice to technicality. . WebJuly 3, 2022 is certificate of stewardship contract transferable Analysis of the problems and issues drawn from the interviews, including those taken from related reports on the ISFP revealed that stewardship can be a defensive land management strategy for the uplands, provided that similar bio-physical and socio-cultural condition exists. 439-440. Subsequently, then President Aquino issued Proclamation No. Upon recommendation of the Secretary of Agriculture and Natural Resources and pursuant to the authority vested in me by law, I, FERDINAND E. MARCOS, President of the Philippines, do hereby, exclude from the operation of Executive Order No. (Sgd.) /Parent 3 0 R However, the Provincial Prosecutor failed to answer the query. This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). The period of occupancy after the issuance of EO 33 in 1904 could no longer be counted because as a watershed reservation, the Lot was no longer susceptible of occupancy, disposition, conveyance or alienation. ( Thee must re-apply used a license, submitted the non-refundable fee real are an conforms inspection at your new facility before you can operate at one new our. To remove all doubts, the Convention approved the provision in the Constitution affirming the Regalian doctrine.". Thus, Section 1, Article XIII23 of the 1935 Constitution, on "Conservation and Utilization of Natural Resources" barred the alienation of all natural resources except public agricultural lands, which were the only natural resources the State could alienate. DENR ADMINISTRATIVE ORDER NO. 2004-29 FERDINAND E. MARCOSPresidentRepublic of the Philippines". ( ", Lastly, the Solicitor General pointed out that attached to petitioner Edna T. Collados [as original applicant] application is the technical description39 of the Lot signed by Robert C. Pangyarihan, Officer-in-Charge of the Survey Division of the Bureau of Lands. The Republic of the Philippines, through the Solicitor General, and the Municipality of Antipolo, through its Municipal Attorney and the Provincial Fiscal of Rizal, filed oppositions to petitioners application. x x x, "WHEREFORE, this matter is respectfully submitted to the Honorable Court for its information and guidance with the recommendation that the application in the instant proceedings be dismissed, after due hearing (Underlining supplied).". Forestry-related Laws and Policies Forestry Development Center [Corporate Author]. The 1935, 1973 and 1987 Constitutions adopted the Regalian doctrine substituting, however, the state, in lieu of the King, as the owner of all lands and waters of the public domain.21 Justice Reynato S. Puno, in his separate opinion in Cruz vs. Secretary of Environment and Natural Resources,22 explained thus: "One of the fixed and dominating objectives of the 1935 Constitutional Convention was the nationalization and conservation of the natural resources of the country. 926 was that the land possessed and claimed by individuals as their own are agricultural lands and therefore alienable and disposable. ( 23 "Sec. Case No. (Sgd.) The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. CA 141, as amended, remains to this day as the existing general law governing the classification and disposition of lands of the public domain other than timber and mineral lands.17. 1637 excluded Lot A (of which the Lot claimed by petitioners is part) for townsite purposes and reverted it to MWR coverage.34 Proclamation No. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. 9. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. 1283 has since been amended by Proclamation No. Sta. /Type /XObject The intent of stewardship is to improve, maintain, or restore forest or rangeland health; restore or maintain water quality; improve fish and wildlife habitat and reduce danger from wildfires. ( 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." 573 itself recognizes private rights of landowners prior to the reservation. 2004-29; DENR Administrative Order No. ( Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generations. /Type /Catalog x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. Issuance of Permit, Licenses, ECC Lease Agreements and Other Similar Instruments by permitting agencies. PAST AND PRESENT FORESTRY SUPPORT There was an overwhelming sentiment in the Convention in favor of the principle of state ownership of natural resources and the adoption of the Regalian doctrine. ( Q 7182 issued on 3 February 1957 (Exhibit "I" and testimony of Mariano Leyva, supra). Has the right to transfer or convey, in whole or in part, the area covered by CS to any co-member of the CBFM-PO who is qualified to be a CS beneficiary. Among those awarded were intervenors. 4. 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. ( An imperfect title may have been derived from old Spanish grants such as a titulo real or royal grant, a concession especial or special grant, a composicion con el estado or adjustment title, or a titulo de compra or title through purchase.29 Or, that he has had continuous, open and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of ownership for at least thirty years preceding the filing of his application as provided by Section 48 (b) CA 141. No. The exploration, development and utilization of natural resources shall be under the full control and supervision of the State. 28 R.A. No. 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. It focuses on the insights gained from interviewing CSC recipients and 21 Integrated Social Forestry Program (ISFP) officers in 6 BFD [Bureau of Forest Development, Philippines] districts of Region 4. Verily, petitioners have not possessed the parcel of land in the manner and for the number of years required by law for the confirmation of imperfect title. 8. And courts are without jurisdiction to adjudicate lands within the forest zone. 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. GREGORIO CAMANTIQUE bought the property from Diosdado Leyva before the Japanese Occupation of the Philippines during World War II. The Report states: "COMES NOW the Administrator of the National Land Titles and Deeds Registration Commission and to this Honorable Court respectfully reports that: 1. Iowa /Length 10 0 R He owned and possessed the property until 1958. N-191242 on April 4, 1986 in the name of Apolonia Garcia, et al., pursuant to the Decision and Order for Issuance of the Decree dated February 8, 1984 and March 6, 1984, respectively, and the remaining portion of plan Psu-162620 is inside IN-12, Marikina Watershed. /BitsPerComponent 8 Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. Unless the pernicious agricultural activities of the Casile farmers are immediately stopped, it would not be long before these watersheds would cease to be of value. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. ( Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. Likewise, in a letter38 dated November 11, 1991, the Deputy Land Inspector, DENR, Region IV, Community Environment and Natural Resources Office, Antipolo, Rizal, similarly confirmed that the Lot is within the MWR. 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.) It describes and analyzes stewardship as an alternative to absolute land ownership on two perspectives: the welfare of the people and the condition of the land and forest resources. 1 A^(fh}QAQE QE RZ( ( ( ( ( ( ( ( ( ( 'QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE P(((((((((((((((((((((R]cQE QE QE QE QE QE QE QE QE (!8( ((aEPEPEPEPEPEPIKE x x x x x x x x x. 33 ("EO 33" for brevity) dated July 26, 190410 established the Marikina Watershed Reservation ("MWR" for brevity) situated in the Municipality of Antipolo, Rizal. ( 926, the first Public Land Act, which was described as follows: "Act No. Buyers and sellers typically complete a Purchase and Sale Agreement. Worse, the technical description of Psu-162620 signed by Robert C. Pangyarihan, Officer-in-Charge, Survey Division, Bureau of Lands, which was attached to the application of private respondents, categorically stated that "This survey is inside IN-12 Mariquina Watershed."". Project Summary All content is in the public domain unless otherwise stated. 16945 on 15 December 1975, and under Tax Declaration No. ( ( Clearly, petitioners were unable to acquire a valid and enforceable right or title because of the failure to complete the required period of possession, whether under the original Section 48 (b) of CA 141 prior to the issuance of EO 33, or under the amendment by RA 1942 and PD 1073. He thus recommended the dismissal of the application for registration. They opine that it suffices if the claimant "had occupied and cultivated the property for so many number of years, declared the land for taxation purposes, [paid] the corresponding real estate taxes [which are] accepted by the government, and [his] occupancy and possession [is] continuous, open and unmolested and recognized by the government. As a rule, intervention is allowed "before rendition of judgment by the trial court," as Section 2, Rule 19 expressly provides. Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. N-9578, LRC Record No. WebThey 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. 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"). 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 and transparent contracting procedures are followed; provided further, that development is consistent with the CRMF of the CBFMA area; and ix. is certificate of stewardship contract transferable Bureau of Land Management 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. They claim to have established their private rights to the subject land. Integrated Bar of the Philippines (IBP) and Judici Bankers Association of the Philippines (BAP), Basic Labor Code of the Philippines - Working Hours. Petitioners fault the Court of Appeals for giving due course to the Republics petition for annulment of judgment which was filed long after the decision of the land registration court had allegedly become final and executory. The principal document presented by petitioners to prove the private character of the Lot is the Certification of the Bureau of Forest Development dated March 18, 1986 that the Lot is excluded from the Marikina Watershed (Exh. Aware that the parcels of land which their forefathers had occupied, developed and tilled belong to the Government, they filed a petition with then President Corazon C. Aquino and then DENR Secretary Fulgencio S. Factoran, to award the parcels of land to them. 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. 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. (Q@((aEPEPEPI 1F( Stewardship projects are created through an open, collaborative process that involved local communities and interested organizations. 172 SCRA 563; Emphasis supplied). R). 33, DATED JULY 26, 1904 WHICH ESTABLISHED THE MARIKINA WATERSHED RESERVATION (IN-12) AS AMENDED, BY EXCLUDING CERTAIN PORTIONS OF LANDS EMBRACED THEREIN SITUATED AT SITIOS BOSOBOSO, KILINGAN, VETERANS, BARANGAYS SAN JOSEPH AND PAENAAN, MUNICIPALITY OF ANTIPOLO, PROVINCE OF RIZAL, ISLAND OF LUZON. ( On April 11, 1991, the Solicitor General inquired from the Provincial Prosecutor of Rizal whether the land registration court had already rendered a decision and if so, whether the Provincial Prosecutor would recommend an appeal. ( They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. 5 Co-petitioners Joseph L. Nunez, Gloria Serrano, Danilo Fabregas, Fernando T. Torres, Luz G. Tubungbanua, Caridad T. Tutana, Jose C. Torres, Jr., Imelda Gaylaluad, Rosalie Tutana, Norma Astorias, Myrna M. Lancion, Norberto Camilote, Cecilia Macaranas, Pedro Briones, Remedios Bantigue, Dante L. Montealegre, Aida T. Godon, Armando T. Torres and Fidelito Eco. ( 1637 dated April 18, 1977 known as Lungsod Silangan Townsite Reservation. In case the resources were planted through the project involving the CBFM-PO, the proceeds shall be subjected to the agreed benefit-sharing mechanisms. According to the Solicitor General, he received on April 23, 1991 a copy of the land registration courts decision dated January 30, 1991, and not on February 18, 1991 as alleged by petitioners in their motion. ( 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. ( WHEREFORE, the Petition is DENIED. 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. No. (Heirs of Gumangan vs. Court of Appeals. 1637 reads: AMENDING PROCLAMATION NO. ( Rule 19 of the 1997 Rules of Civil Procedure47 provides in pertinent parts: Section 1. Who may intervene. Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. ( ( The Maura Law was the last Spanish land law promulgated in the Philippines. Thus, in Mago the Court held that: "It is quite clear and patent that the motions for intervention filed by the movants at this stage of the proceedings where trial had already been concluded x x x and on appeal x x x the same affirmed by the Court of Appeals and the instant petition for certiorari to review said judgment is already submitted for decision by the Supreme Court, are obviously and, manifestly late, beyond the period prescribed under x x x Section 2, Rule 12 of the rules of Court. Type of Benefits - Social Security System (SSS). Proclamation No. Petitioners further contend that town sites are considered alienable and disposable under CA 141. ( During the ownership of the property by Angelina Reynoso, Mariano Leyva the grandson of Sesinando Leyva, the previous owner, attended to the farm. In short, the Public Land Act operated on the assumption that title to public lands in the Philippine Islands remained in the government; and that the governments title to public land sprung from the Treaty of Paris and other subsequent treaties between Spain and the United States. Rosa Realty also recognized the need to protect watershed areas and took note of the report of the Ecosystems Research and Development Bureau (ERDB), a research arm of the DENR, regarding the environmental assessment of the Casile and Kabanga-an river watersheds involved in that case. endobj Basic Labor Code of the Philippines - Payment. WebCertificate of Stewardship Certificate of Tree Plantation Ownership Rattan Cutting Contract Securing Export Authority for finished and Semi finished Wood products 269-A, LRC Rec. In the BLM forestry program, Stewardship refers to the ability to trade forest products for land management and services. Valid certificate: A certificate that is not 1283, dated June 21, 1974 which established the townsite reservation in the municipalities of Antipolo and San Mateo, Province of Rizal, Island of Luzon, by increasing the area and revising the technical descriptions of the land embraced therein, subject to private rights, if any there be, which parcel of land is more particularly described as follows: A PARCEL OF LAND (Proposed Lungsod Silangan Townsite Reservation amending the area under SWO-41762 establishing the Bagong Silangan Townsite Reservation) situated in the Municipalities of Antipolo, San Mateo, and Montalban, Province of Rizal, Island of Luzon.