Both the 1935 and 1973 Constitutions prohibited the alienation of all natural resources except agricultural lands of the public domain. 1637 dated April 18, 1977 known as the Lungsod Silangan Townsite Reservation. Valid certificate: A certificate that is not Evidence was likewise presented that said property was declared for taxation purposes in the names of the previous owners and the corresponding taxes were paid by the Applicants and the previous owners and said property was planted to fruit bearing trees; portions to palay and portions used for grazing purposes. According to then DENR Secretary Victor O. Ramos, Proclamation No. Moreover, petitioners further point out that the Solicitor General filed the petition for annulment after the land registration court issued its order of May 6, 1991 directing the Land Registration Authority to issue the corresponding decree of registration. 141 ("CA 141" for brevity) amended Act 2874 in 1936. 1283 on June 21, 1974. (Sgd.) 35 Republic vs. Court of Appeals, 201 SCRA 1 (1991). 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. 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 We cannot fault the Court of Appeals for allowing the intervention, if only to provide the rival groups a peaceful venue for ventilating their sides. 1637 issued on April 18, 1977. (Sgd.) 1. The Lot was surveyed in the name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902. 269-A, LRC Rec. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. No. %dhi9hklfrp25 The law governed the disposition of lands of the public domain. ( >> ) or https:// means youve safely connected to the .gov website. The 1935, 1973, 1987 Philippine Constitutions. 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. ( endstream Has the This law requires at least thirty (30) years of open, continuous, exclusive and notorious possession and possession of agricultural lands of the public domain, under a bona fide claim of acquisition, immediately preceding the filing of the application for free patent. 6 0 obj 5. /Length 6 0 R ( The certificates of stewardship are actually contracts of lease granted by the DENR to actual occupants of parcels of land under its ISF programs for a period of twenty-five (25) years, renewable for another twenty-five (25) years.45 The DENR awarded contracts of stewardship to ISF participants in Barangay San Isidro (or Boso-boso) and the other barangays based on the Inventory of Forest Occupants the DENR had conducted.46. The Court of Appeals granted the motion to intervene verbally during the preliminary conference held on April 6, 1992. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. Petitioners case falters even more because of the issuance of Proclamation No. 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.) 8, Application; Emphasis supplied). 33 dated July 26, 1904 per Proclamation No. 1283 promulgated on June 21, 1974 which established the Boso-boso Town Site Reservation, amended by Proclamation No. Jurisdiction. (Q@((aEPEPEPI 1F( Subsequently, then President Aquino issued Proclamation No. 5 0 obj The Court remanded the case to the Department of Agriculture and Adjudication Board or DARAB to re-evaluate and determine the nature of the parcels of land involved in order to resolve the issue of its coverage by the CARL. 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. MSC General Certification Requirements The TDR Exchange makes it easy for TDR certificate holders (owners) and potential buyers (often Licenses are non-transferable. From these watersheds come the natural God-given precious resource water. 26 Blacks Law Dictionary, 6th Ed., 1990. 2 0 obj 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. Certificate of Stewardship Definition | Law Insider 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.". 7 0 obj 2), all lands of the public domain belong to the State. 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. We apply our ruling in Martinez vs. Court of Appeals,43 as follows: "The Land Registration Court has no jurisdiction over non-registrable properties, such as public navigable rivers which are parts of the public domain, and cannot validly adjudge the registration of title in favor of private applicant. 11 Republic vs. Sayo, 191 SCRA 71 (1990). CADC or Certificate of Ancestral Land Claim (CALC), applies to holders of these claims who opt to enter a CBFMA covering a forested portion of their claim. (DENR Administrative Order No. 1998-45. 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. DENR ADMINISTRATIVE ORDER NO - FAO Stewardship Contracting Cannot I transfer my license? Certificate of Stewardship - Department of Environment Vitug, and Ynares-Santiago, JJ., concur. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. (Sgd.) Rule 19 of the 1997 Rules of Civil Procedure47 provides in pertinent parts: Section 1. Who may intervene. The Maura Law was the last Spanish land law promulgated in the Philippines. Forest lands, including watershed reservations, are excluded. Subject area also falls within the bounds of Bagong Lipunan Site under P.D. 2 of certificate of Title No. This is to certify that the tract of land situated in Barangay San Isidro, Antipolo, Rizal, containing an area of 1,269,766 square meters, as shown and described on the reverse side hereof, surveyed by Geodetic Engineer Telesforo Cabading for Angelina C. Reynoso, is verified to be within the area excluded from the operation of Marikina Watershed Reservation established under Executive Order No. 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. Hence, the court again issued an order submitting the case for decision based on the evidence of the petitioners. ( No. All proceedings of the land registration court involving the Lot are therefore null and void. 2. % % More so, the introduction of earth disturbing activities like road building and erection of permanent infrastructures. The motion to intervene may be filed at any time before rendition of judgment by the trial court. 2. 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. ( ( 1283, promulgated on June 21, 1974, which established the Boso-Boso Townsite Reservation, amended by proclamation No. MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. /Contents 5 0 R A parcel of land described in plan Psu-162620 situated in the Barrio of San Isidro, Municipality of Antipolo, Province of Rizal, is applied for registration of title in the case at bar. 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. 16945 on 15 December 1975, and under Tax Declaration No. The issues raised by petitioners are restated as follows: WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN REVERSING THE DECISION OF THE TRIAL COURT GRANTING THE APPLICATION OF THE PETITIONERS FOR CONFIRMATION OF TITLE; WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN GIVING DUE COURSE TO THE PETITION FOR ANNULMENT OF JUDGMENT FILED BY THE REPUBLIC LONG AFTER THE DECISION OF THE TRIAL COURT HAD BECOME FINAL; WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN GIVING DUE COURSE TO THE INTERVENORS PETITION FOR INTERVENTION WHICH WAS FILED OUT OF TIME OR LONG AFTER THE DECISION OF THE TRIAL COURT HAD BECOME FINAL. stream According to intervenors, the land registration court could not act on its motions due to the restraining order issued by the Court of Appeals on August 8, 1991, enjoining the land registration court from executing its decision, as prayed for by the Solicitor General in its petition for annulment of judgment. } !1AQa"q2#BR$3br GREGORIO CAMANTIQUE bought the property from Diosdado Leyva before the Japanese Occupation of the Philippines during World War II. 439-440. However, shortly after the filing of their opposition, intervenors learned that the land registration court had already rendered a decision on January 30, 1991 confirming petitioners imperfect title. An official website of the United States government. LR@ F)hV 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. 9. 112 : Certificate of Stewardship WebThe Marine Stewardship Council (MSC) is responsible for these requirements. << First Issue: whether petitioners have registrable title over the Lot. IN WITNESS WHEREOF, I Have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. What's The: Certificates Stewardship Contract (CSC) of 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. Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generations. Second, assuming that the Lot was alienable and disposable land prior to the issuance of EO 33 in 1904, EO 33 reserved the Lot as a watershed. According to then DENR Secretary Victor Ramos, Proclamation No. FERDINAND E. MARCOSPresidentRepublic of the Philippines". 33 dated July 26, 1904 per Proclamation No. In the BLM forestry program, Stewardship refers to the ability to trade forest products for land management and services. 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. 6657 (Comprehensive Agrarian Reform law of 1988) states, "No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have delimited by law, the specific limits of the public domain.". Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.11 The Spaniards first introduced the doctrine to the Philippines through the Laws of the Indies and the Royal Cedulas, specifically, Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias12 which laid the foundation that "all lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain. There was a fraud case where some group of people tried to sell forestland under Certificates of Stewardship Contracts (CSCs) by means of "transfer of right". This premier institution of higher learning was established in 1908 and is now a university system composed of eight constituent universities and one autonomous college spread throughout 17 campuses in the archipelago. 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. The Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory claims. /Im1 7 0 R There are not much information since they are not yet listed in PSE. Petitioners do not claim to have documentary title over the Lot. 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. 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. Sec. Hope they also do IPO. A parcel of land (Lot B of Proposed Poor Mans Baguio, being a portion of alienable and disposable portion of public domain) situated in the municipality of Antipolo, Province of Rizal, Island of Luzon. 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. CONTRACT An applicant for confirmation of imperfect title bears the burden of proving that he meets the requirements of Section 48 of CA 141, as amended. On the claim that the property applied for is within the Marikina Watershed, the Court can only add that all Presidential Proclamations like the Proclamation setting aside the Marikina Watershed are subject to "private rights.". WebThe negotiable instrument, which is essentially a document embodying a right to the payment of money and which may be transferred from person to person, developed historically from efforts to make credit instruments transferable; that is, documents proving that somebody was in their debt were used by creditors to meet their own liabilities. FSC-PRO-20-003 V1-0 EN - Forest Stewardship 1. In a motion dated April 5, 1991, received by the Solicitor General on April 6, 1991, petitioners alleged that the decision dated January 30, 1991 confirming their title had become final after the Solicitor General received a copy of the decision on February 18, 1991. No. After the passage of the 1935 Constitution, Commonwealth Act No. There is no proof that prior to the issuance of EO 33 in 1904, petitioners had acquired ownership or title to the Lot either by deed or by any other mode of acquisition from the State, as for instance by acquisitive prescription. They likewise opposed the registration and asserted that the Lot, which is situated inside the Marikina Watershed Reservation, is inalienable. On April 25, 1985, petitioner Edna T. Collado filed with the land registration court an application for registration of a parcel of land with an approximate area of 1,200,766 square meters or 120.0766 hectares ("Lot" for brevity). ", In fine, one claiming "private rights" must prove that he has complied with C.A. THE Provincial Environment and Management Office (Pemo) reminded farmers in Negros Occidental who are holders of certificate of stewardship contract (CSC) to follow the rules and guidelines to continue availing the privilege given by 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. Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. PAST AND PRESENT FORESTRY SUPPORT Third, Gordula vs. Court of Appeals33 is in point. /ProcSet [ /PDF /ImageC ] Reviews will take place at least every 5 years. Certificate of Stewardship In case of assets which established through the project involving the CBFM-PO, the profit shall becoming subjected to the agrees benefit-sharing mechanisms. (Sgd) ARMENDO R. CRUZSupervising Cartographer, (Sgd) LUIS G. DACANAYChief, Forest Engineering & Infrastructure Section". WebThe MSC prohibits any modification of part or all of the contents in any form. WebStewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. CHECKLIST OF REQUIREMENTS - Department of N-59179, confirming the imperfect title of petitioners over a parcel of land. Petitioners contend that their claim of ownership goes all the way back to 1902, when their known predecessor-in-interest, Sesinando Leyva, laid claim and ownership over the Lot. WebCertificate of Stewardship Contract (CSC) and duly signed by the issuing authority; and 5. Prescription, both acquisitive and extinctive, does not run against the State. /Length 8 0 R 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. However, the Court also recognized that: "The definition does not exactly depict the complexities of a watershed. 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. Angelina Reynoso declared the property in her name under Tax Declaration No. endstream 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. Official websites use .gov Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. endobj Comments will be considered as part of the next review process. 1), 1973 (Art. No. Hence, the judgment of the Court of First Instance of Pampanga as regards the Lot No. WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). It required the "adjustment" or registration of all agricultural lands, otherwise the lands would revert to the state.15. On the Kabanga-an side, this would mean destruction of forest covers which acts as recharged areas of the Matangtubig springs. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz " ? On August 14, 1991, intervenors filed a motion to vacate judgment and for new trial before the land registration court. ( For example, in exchange for thinning the forest and keeping the trees to sell, a contractor or organization performs service-work that helps to achieve key land management goals such as improving wildlife habitat or reestablishing native plant species. CORAZON C. AQUINOPresident of the Philippines", Pursuant to Proclamation No. The Solicitor General sought the annulment of the decision on the ground that the land registration court had no jurisdiction over the case, specifically, over the Lot which was not alienable and disposable. A ANGELINA REYNOSO, bought the property from Gregorio Camantique by virtue of a Deed of Sale on 3 February 1958 (Exhibit "H"). . Basic Labor Code of the Philippines - Overtime, MIASCOR, Customs, Telco, PMPHI, Oil Price. 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. /Type /XObject Any title to the Lot is void ab initio. endobj IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. 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. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. 269-A. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. 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. 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. It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. 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. But Rule 12 of the Rules of Court, like all other Rules therein promulgated, is simply a rule of procedure, the whole purpose and object of which is to make the powers of the Court fully and completely available for justice. This Petition1 seeks to set aside the Decision of the Court of Appeals,2 dated June 22, 1992, in CA-G.R. Its proper aim is to facilitate the application of justice to the rival claims of contending parties. Rosa Realty Development Corp. vs. Court of Appeals, et al.,27 the Court had occasion to discourse on watershed areas. 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. 133250, July 9, 2002. It does not constitute the thing itself which courts are always striving to secure to litigants. 4. 1283 has since been amended by Proclamation No. On this date, counsel for oppositors failed to appear again despite due notice. It also spawned a number of criminal cases between the two rival groups including malicious mischief, robbery and arson. 1283 on June 21, 1974, petitioners possession as of the filing of their application on April 25, 1985 would have been only eleven years counted from the issuance of the proclamation in 1974. Congress permanently authorizedstewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. All content is in the public domain unless otherwise stated. Petitioners alleged that they have occupied the Lot since time immemorial. 3. /Parent 3 0 R Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. PO Resolution requesting the DENR through the CENRO for the issuance of the CS with the following attachments: Community Environment and Natural Resources Office (CENRO), Actual tillers or cultivators of the land to be allocated, Member of the Peoples Organization which was granted a CBFM area subject to the CS application, Willing to develop the land as well as participate in CBFM activities, Not a previous holder of CS that was cancelled for a cause, Agreement on the rights and responsibilities of CS holders, Individual application for CS of prospective beneficiaries, duly endorsed by the PO head, Community map (parcellary map) of the area showing parcels actually occupied and/or cultivated by individual families, properly numbered, and validated in the general meeting, Possess, occupy, develop, protect, manage and utilize forestlands and its resources in accordance with the ratified CRMF, and appropriate methods and practices, and such other rights as may be granted by law. contract is signed for the audit. The evidence of the petitioners do not clearly and convincingly show that the Lot, described as Lot Psu-162620, ceased to be a portion of the area classified as a watershed reservation of the public domain.
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