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. Population growth and industrialization have taken a heavy toll on the environment. Forestry-related Laws and Policies Accordingly, the court rendered a decision confirming the imperfect title of petitioners. endobj A strict application of the rules would blur this bigger, far more important picture. 573 classified as inalienable. N-55948 and was issued Decree No. It also spawned a number of criminal cases between the two rival groups including malicious mischief, robbery and arson. /Pages 3 0 R 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable. The motion to intervene may be filed at any time before rendition of judgment by the trial court. 36 Heirs of Amunategui vs. Director of Forestry, 126 SCRA 69 (1983). Neither was the validity of the certificates of stewardship contracts which intervenors allegedly possessed inquired into considering this too was not in issue. Petitioners further contend that town sites are considered alienable and disposable under CA 141. REPUBLIC OF THE PHILIPPINES Time to intervene. 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. Jurisdiction. 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). Swampy areas covered by mangrove trees, nipa palms and other trees growing in brackish or sea water may also be classified as forest land. 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. G.R. No. 173606 - Lawphil Official websites use .gov %dhi9hklfrp25 Since then, the Lot became non-disposable and inalienable public land. "40, Second Issue: Whether the petition for annulment of judgment. ( 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. ( Hence, the judgment of the Court of First Instance of Pampanga as regards the Lot No. 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. 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. Done in the City of Manila, this 21st day of June, in the year of Our Lord, nineteen hundred and seventy-four. 1. Any changes in ownership require a new application along with the non-refundable licensing fee. The Lawphil Project - Arellano Law Foundation. ANGELINA REYNOSO, bought the property from Gregorio Camantique by virtue of a Deed of Sale on 3 February 1958 (Exhibit "H"). And courts are without jurisdiction to adjudicate lands within the forest zone. Congress permanently authorizedstewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. 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. 1637 on April 18, 1977. 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. 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. /Height 3510 This agreement becomes an integral part of the Certificate of Stewardship. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. x x x Even assuming that petitioners did have the said properties surveyed even before the same was declared to be part of the Busol Forest Reservation, the fact remains that it was so converted into a forest reservation, thus it is with more reason that this action must fail. 2 0 obj N-9578, LRC Record No. Unless and until the land classified as "forest" is released in an official proclamation to that effect 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. 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. ( They conclude that private rights were vested on Sesinando Leyva before the issuance of EO 33, thus excluding the Lot from the Marikina Watershed Reservation. 10 Issued by Governor Luke E. Wright pursuant to the provisions of Act Numbered Six Hundred and Forty-Eight (Act No. 1998-45. 1283 expressly excluded an area of 3,780 hectares from the MWR and made the area part of the Boso-boso Townsite Reservation. The Court resolved the issue of whether the parcel of land which the Department of Environment and Natural Resources had assessed to be a watershed area is exempt from the coverage of RA No. 269-A, LRC Rec. 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. 6 Consolidated Rejoinder, pp. 6657 or the Comprehensive Agrarian Reform Law ("CARL" for brevity).28 The Court defined watershed as "an area drained by a river and its tributaries and enclosed by a boundary or divide which separates it from adjacent watersheds." 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. The Lot is situated in Barangay San Isidro (formerly known as Boso-boso), Antipolo, Rizal, and covered by Survey Plan Psu-162620. 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. He had the property resurveyed in his name on May 21-28, 1928 (Exhibit "X" and "X-1"; testimony of Mariano Leyva, a son of Diosdado Leyva). 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. Petitioners declared the Lot for taxation purposes and paid all the corresponding real estate taxes. It does not constitute the thing itself which courts are always striving to secure to litigants. 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.". is certificate of stewardship contract transferable Ito po ay binibigay ng gobyerno, sa pangangasiwa ng DENR, sa mga indibidwal o pamilya na N-59179 is AFFIRMED. 13 See separate opinion of Justice Reynato S. Puno in Cruz vs. Secretary of Environment and Natural Resources, 347 SCRA 128 (2000); Chavez vs. PEA and AMARI, G.R. ", 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. Integrated Bar of the Philippines (IBP) and Judici Bankers Association of the Philippines (BAP), Basic Labor Code of the Philippines - Working Hours. ( WebWhen their promise is secured by a mortgage that becomes due and payable in full upon transfer, the purchaser will not close without assurance that the stewardship payment secured by the mortgage has been, or will be, paid CORAZON C. AQUINOPresident of the Philippines", Pursuant to Proclamation No. 1637 revised the area and location of the proposed townsite. 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. The PLCO is an authorized representative of the CO, appointed in writing by a Certificate of Appointment (and in accordance with agency proce-dures) to administer the clearance of excess Government property from the contractors stewardship account. 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. DAR crafts new rules on land transfer Stewardship Definition & Meaning | Dictionary.com 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. (Exhibit "K")."7. They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. ( Proclamation No. "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. The Royal Decree of 1894 or the "Maura Law" partly amended the Mortgage Law as well as the Law of the Indies. ( We quote the pertinent portions of the courts decision, as follows: "From the evidence presented, the Court finds that from the testimony of the witnesses presented by the Applicants, the property applied for is in actual, open, public and notorious possession by the applicants and their predecessor-in-interest since time immemorial and said possession had been testified to by witnesses Jimmy Torres, Mariano Leyva, Sergio Montealegre, Jose Amo and one Chona who were all cross-examined by Counsel for Oppositor Republic of the Philippines. /Length 10 0 R The case law does not support this submission. 269-A is recommended for rejection (Underlining supplied)." According to them, there are now twenty-five co-owners in pro-indiviso shares of five hectares each. 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 ( ( 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. A positive Act of government is needed to declassify a public land and to convert it into alienable or disposable land for agricultural or other purposes (Republic vs. Bacas, 176 SCRA 376). He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. WebCertificate of Stewardship Contract (CSC) and duly signed by the issuing authority; and 5. 12942 only on August 6, 1991, after the decision had supposedly become final and executory. Stewardship as an alternative to land ownership in the 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.

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