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. 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. In view of this, the alleged procedural infirmities attending the filing of the petition for annulment of judgment are immaterial since the land registration court never acquired jurisdiction over the Lot. 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). He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. 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. 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. No. 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. No. 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. The CBFM strategy recognizes the individual rights of occupancy through the granting of the Certificate of Stewardship (CS). endobj 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. 8. More so, the introduction of earth disturbing activities like road building and erection of permanent infrastructures. 141, as amended, is enough to vest upon petitioner Gordula the "private rights" recognized and respected in Proclamation No. The Bockasanjo ISF Awardees Association, Inc., an association of holders of certificates of stewardship issued by the DENR under its Integrated Social Forestry Program, filed with the Court of Appeals on November 29, 1991 a Motion for Leave to Intervene and to Admit Petition-In-Intervention. Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas. EDNA COLLADO bought the property from Myrna Torres in a Deed of Sale dated 28 April 1984 (Exhibit "P-1" to "P-3"). He thus recommended the dismissal of the application for registration. 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. DIOSDADO LEYVA, is the son of Sesinando Leyva, who inherited the property. 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. 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. WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). WebStewardship definition, the position and duties of a steward, a person who acts as the surrogate of another or others, especially by managing property, financial affairs, an (DENR Administrative Order No. Interpreting Section 48 (b) of CA 141, the Court stated that the Public Land Act requires that the applicant must prove the following: "(a) that the land is alienable public land and (b) that his open, continuous, exclusive and notorious possession and occupation of the same must either be since time immemorial or for the period prescribed in the Public Land Act. The rationale for the 30-year period lies in the presumption that the land applied for pertains to the State, and that the occupants and/or possessors claim an interest therein only by virtue of their imperfect title or continuous, open and notorious possession.". 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. The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. 33 dated July 2, 1904 which established the Marikina Watershed Reservation (IN-12) x x x. 648), Philippine Commission, an Act Authorizing the Civil Governor to reserve portions of the public domain for public uses. They point out that EO 33 contains a saving clause that the reservations are "subject to existing private rights, if any there be." 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. Upon recommendation of the Secretary of Environment and Natural Resources and pursuant to the authority vested in me by law, I, CORAZON C. AQUINO, President of the Philippines, do hereby exclude from the operation of Executive Order No. endobj 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. Cannot I transfer my license? /Pages 3 0 R 6. Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. Act 496 placed all registered lands in the Philippines under the Torrens system.18 The Torrens system requires the government to issue a certificate of title stating that the person named in the title is the owner of the property described therein, subject to liens and encumbrances annotated on the title or reserved by law. PO Resolution with attached Census of forest land occupants; Agreed rights and responsibilities of CS holders; Individual application for CS of prospective beneficiaries; community map of the area showing the parcels actually occupied, properly numbered and validated in the general meeting. A The facts show that petitioner Gordula did not acquire title to the subject land prior to its reservation under Proclamation No. 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." ( 10 0 obj Containing an area of one thousand two hundred twenty five (1,225) Hectares, more or less. It required the "adjustment" or registration of all agricultural lands, otherwise the lands would revert to the state.15. Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generations. 42 Sec. No. 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. The possession of public land, however long the period may have extended, never confers title thereto upon the possessor because the statute of limitations with regard to public land does not operate against the State, unless the occupant can prove possession and occupation of the same under claim of ownership for the required number of years to constitute a grant from the State. ". JZ(PIK@Q@((((((((KF(EE74f\un0E&ih&)R Z(( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (<63}={GkH)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@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@ ( ( ( ( ( ( ( LQKE)(Rb Q@" endstream There is no dispute that Executive Order No. 585 reads: AMENDING FURTHER EXECUTIVE ORDER NO. 30 263, 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. ( This Petition1 seeks to set aside the Decision of the Court of Appeals,2 dated June 22, 1992, in CA-G.R. Company Information CTRP 1 or Tax Reform for Acceleration and Inclusion (TRAIN) Package 1A is already signed into a law even though there are opposing consumer he contents in this blog are not provided to serve as legal, tax, or investment advice. And more additional Owners JOSEPH NUNEZ, DIOSDADO ARENOS, DANILO FABREGAS, FERNANDO TORRES, LUZ TUBUNGBANUA, CARIDAD TUTANA, JOSE TORRES JR., RODRIGO TUTANA, ROSALIE TUTANA, NORMA ASTORIAS, MYRNA LANCION, CHONA MARCIANO, CECILIA MACARANAS, PEDRO BRIONES, REMEDIOS BANTIQUE, DANTE MONTEALEGRE, ARMANDO TORRES, AIDA GADON and AMELIA M. MALAPAD bought portions of the property in a Deed of Sale on 12 May 1986 (Exhibit "S" to "S-3"). ( All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution. Download the BLM Stewardship Manual. 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. (Exhibit "K")."7. The SEP Clearance may be transferred as long as a document shall be submitted showing the transfer of ownership, operating agreements or rights over the project. Learn about successful local BLM projects implemented through stewardship contracting. ( 18 Noblejas & Noblejas, Registration of Land Titles and Deeds, 1992 Ed. ( Websales documentation that demonstrates transfer of legal ownership from seller to buyer and relates to certified product. EDNA COLLADO, BERNARDINA TAWAS, JORETO C. TORRES, JOSE AMO, SERGIO L. MONTEALEGRE, VICENTE C. TORRES, JOSEPH L. NUEZ, GLORIA SERRANO, DANILO FABREGAS, FERNANDO T. TORRES, LUZ G. TUBUNGBANUA, CARIDAD T. TUTANA, JOSE C. TORRES, JR., IMELDA CAYLALUAD, ROSALIE TUTANA, NORMA ASTORIAS, MYRNA M. LANCION, NORBERTO CAMILOTE, CECILIA MACARANAS, PEDRO BRIONES, REMEDIOS BANTIGUE, DANTE L. MONTEALEGRE, AIDA T. GADON, ARMANDO T. TORRES and FIDELITO ECO, petitioners,
2 Thirteenth Division composed of J. Arturo B. Buena (Chairman and Ponente) and J. Justo P. Torres, Jr. and J. Pacita Canizares-Nye as members. 926 in 1919. COMMUNITY BASED FOREST MANAGEMENT AGREEMENT (CBFMA) & CERTIFICATE OF STEWARDSHIP CONTRACT (CSC) Socialized Industrial Forest Swampy areas covered by mangrove trees, nipa palms and other trees growing in brackish or sea water may also be classified as forest land. 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. Section 48 (b) of CA 141, as amended, applies exclusively to alienable and disposable public agricultural land. 573 itself recognizes private rights of landowners prior to the reservation. 585 for Integrated Social Forestry Program hence, L.R.C. Finally, it is of no moment if the areas of the MWR are now fairly populated and vibrant communities as claimed by petitioners. "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. 16945 on 15 December 1975, and under Tax Declaration No. Its proper aim is to facilitate the application of justice to the rival claims of contending parties. Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. The 1987 Constitution readopted this policy. The Court in Sta. 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 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, Reorganization Act of the Department of Environment and Natural Resources, 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.
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