/Im1 7 0 R ( 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, Has the right to nominate his/her heir to the Stewardship Agreement, to facilitate orderly transfer upon death or incapacity or change of vocation of the CS holder. 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. 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. G. R. No. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. See Director, Lands Management Bureau vs. Court of Appeals, 324 SCRA 757 (2000). 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. %dhi9hklfrp25 She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. According to them, there are now twenty-five co-owners in pro-indiviso shares of five hectares each. 33, which established the Marikina Watershed Reservation, certain parcel of land of the public domain embraced therein situated in Sitios Bosoboso, Veterans, Kilingan and Barangay San Joseph and Paenaan, Municipality of Antipolo, Province of Rizal and place the same under the Integrated Social Forestry Program of the Department of Environment and Natural Resources in accordance with existing laws, rules and regulations, which parcel of land is more particularly described as follows: "A PARCEL OF LAND, within the Marikina Watershed Reservation situated in the Municipality of Antipolo, Province of Rizal, beginning at point "1" on plan, being identical to corner 1 of Marikina Watershed Reservation; thence. 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. ( Stewardship Contracting Certificate of Stewardship - PENRO R). ", In fine, one claiming "private rights" must prove that he has complied with C.A. 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. >> Users of financial reports Stewardship Credits: As service work is completed, an equal amount of credit toward removal of forest During the ownership of the property by Angelina Reynoso, Mariano Leyva the grandson of Sesinando Leyva, the previous owner, attended to the farm. And courts are without jurisdiction to adjudicate lands within the forest zone. JFIF LEAD Technologies Inc. V1.01 9. All content is in the public domain unless otherwise stated. Accordingly, the court rendered a decision confirming the imperfect title of petitioners. N-9578, LRC Record No. ( IN WITNESS WHEREOF, I Have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. No. No. These are covered with Certificate of Stewardship; B. Web2 Multi-year Contracting: Stewardship contracts and assistance agreements may have terms of up to ten years, subject to approval. Share sensitive information only on official, secure websites. 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. ( G.R. No. 107764 - Lawphil 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." 4. They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. Degradation of the land would have double edge detrimental effects. 439-440. Its proper aim is to facilitate the application of justice to the rival claims of contending parties. No. contract is signed for the audit. ( Buying and Selling TDRs 23 "Sec. 573 in June, 1969. Done in the City of Manila, this 18th day of April, in the year of Our Lord, nineteen hundred and seventy-seven. 30 Republic vs. Court of Appeals, 349 SCRA 451 (2001). WebCertificate of Stewardship Contract (CSC), is awarded to individuals or families occupying or tilling portions of forestland, for up to a maximum of 5 ha, and has 25 plus 25 years duration. /XObject << Davide, Jr., C.J., (Chairman), on official leave. 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. 1637 reads: AMENDING PROCLAMATION NO. According to intervenors, they are the actual occupants of the Lot which petitioners sought to register. REVISED PCSD ADMINISTRATIVE ORDER NO. 06 This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. >> 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. 10 Issued by Governor Luke E. Wright pursuant to the provisions of Act Numbered Six Hundred and Forty-Eight (Act No. 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". endobj 926 in 1919. 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. 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. However, the Court has recognized exceptions to this rule in the interest of substantial justice. DENR ADMINISTRATIVE ORDER NO - FAO 1), 1973 (Art. 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. Both the 1935 and 1973 Constitutions prohibited the alienation of all natural resources except agricultural lands of the public domain. << PAST AND PRESENT FORESTRY SUPPORT ( 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.". 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. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. 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. 2. Legal Considerations for Stewardship Funding A No. 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. It's a privately held company. ( Any changes in ownership require a new application along with the non-refundable licensing fee. EXCLUDING FROM THE OPERATION EXECUTIVE ORDER NO. Comments will be considered as part of the next review process. The Decision of the Court of Appeals dated June 22, 1992 declaring null and void the Decision dated January 30, 1991 of Branch 71, Regional Trial Court of Antipolo, Rizal, in LRC No. In the case of Municipality of Santiago vs. Court of Appeals, 120 SCRA 734, 1983 "private rights" is proof of acquisition through (sic) among means of acquisition of public lands. 1637 reverted Lot A or the townsite reservation, where petitioners' Lot is supposedly situated, back to the MWR. No. 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@" (Sgd) ARMENDO R. CRUZSupervising Cartographer, (Sgd) LUIS G. DACANAYChief, Forest Engineering & Infrastructure Section". RECOGNITION OF INDIVIDUAL PROPERTY >> According to intervenors, they learned only on July 31, 1991 about the pendency of LRC Case No. Hence, the court again issued an order submitting the case for decision based on the evidence of the petitioners. It does not constitute the thing itself which courts are always striving to secure to litigants. An inspection must also be completed and compliant before the new owner can start operating the business. q ", The Court further held that "the right of reversion or reconveyance to the State of the public properties registered and which are not capable of private appropriation or private acquisition does not prescribe.". Congress permanently authorizedstewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. In most cases, this proof of purchase will be an invoice, but "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. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. 133250, July 9, 2002. ( Current regulations allow the awarding of tenurial rights (25-year lease or forest management agreements issued by the DENR, i.e. /Contents 5 0 R Petitioners assert that Lot Psu-162620 is a small part of this excluded town site area. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. 585 for Integrated Social Forestry Program hence, L.R.C. The Court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the inertvenors rights may be fully protected in a separate proceeding. 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. WebRights and responsibilities agreed to in the contract shall remain in effect during the term of the agreement until its expiry date, unless otherwise modified, rescinded or Rosa Realty Development Corp. vs. Court of Appeals, et al.,27 the Court had occasion to discourse on watershed areas. 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. Forestry Development Center. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. The State may directly undertake such activities or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. However, the Provincial Prosecutor failed to answer the query. At the time petitioners filed their application on April 25, 1985, the Lot has been reserved as a watershed under EO 33 for 81 years prior to the filing of petitioners application. Secure .gov websites use HTTPS Upon expiration of the Stewardship Agreement, the CS holder or direct next-of-kin shall have the right of pre-emption to any subsequent Stewardship Agreement covering their allocated land. Buyers and sellers typically complete a Purchase and Sale Agreement. Pasigarbo sa Larena Christmas Tree Decorating Contest-Season 3. TDR Exchange. x x x x x x x x x. Their right to register the Lot is predicated mainly upon continuous possession since 1902. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. When development rights are sold, a new certificate must be issued in the name of the new owner and the documents must be recorded with the County. 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. << JZJ (QE )i)~ (((@1K@%-@Z(aEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPE5Ai QE QE QE QE QE QE QE QE QE QE QE QE QE QE QF((((((((()=(&Pj#S= ^+<8?c zzTES4 /ProcSet [ /PDF /ImageC ] 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. In the case of Director of Lands vs. Reyes, 68 SCRA 193-195, by "private rights" means that applicant should show clear and convincing evidence that the property in question was acquired by applicants or their ancestors either by composition title from the Spanish government or by Possessory Information title, or any other means for the acquisition of public lands xxx" (underscoring supplied). 141 ("CA 141" for brevity) amended Act 2874 in 1936. Subsequently, then President Aquino issued Proclamation No. 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. 8775 on 3 August 1965, under Tax Declaration No. ( We hold that once a parcel of land is included within a watershed reservation duly established by Executive Proclamation, as in the instant case, a presumption arises that the land continues to be part of such Reservation until clear and convincing evidence of subsequent declassification is shown. 42 Sec. "Forest lands" do not have to be on mountains or in out of the way places. 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. Issuance of Permit, Licenses, ECC Lease Agreements and Other Similar Instruments by permitting agencies. 573. First Issue: whether petitioners have registrable title over the Lot. endobj "13 Upon the Spanish conquest of the Philippines, ownership of all "lands, territories and possessions" in the Philippines passed to the Spanish Crown.14, The Laws of the Indies were followed by the Ley Hipotecaria or the Mortgage Law of 1893. 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. On August 14, 1991, intervenors filed a motion to vacate judgment and for new trial before the land registration court. 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. 1073, approved on January 25, 1977, the law prevailing at the time petitioners application for registration was filed on April 25, 1985.30 As amended, Section 48 (b) now reads: "(b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title, except when prevented by wars or force majeure. They insist that the land registration court had jurisdiction over the case which involves private land. WebCertificate 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 Rules and Regulations may be promulgated by such Department to prohibit or control such activities by the owners or occupants thereof within the protected area which may damage or cause the deterioration of the surface water or ground water or interfere with the investigation, use, control, protection, management or administration of such waters.". 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. DENR DEPARTMENT ADMINISTRATIVE ORDER 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. 5. 1396 dated June 2, 1978 under the sole jurisdiction of the Ministry of Human Settlements, to the exclusion of any other government agencies. ( An applicant, like the private respondents herein, for registration of a parcel of land bears the burden of overcoming the presumption that the land sought to be registered forms part of the public domain (Director of Lands vs. Aquino, 192 SCRA 296). 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. Subject area also falls within the bounds of Bagong Lipunan Site under P.D. Bureau of Land Management COMMUNITY BASED FOREST MANAGEMENT AGREEMENT (CBFMA) & CERTIFICATE OF STEWARDSHIP CONTRACT (CSC) Socialized Industrial Forest 107764 October 4, 2002. First. Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generations. /Length 10 0 R /ColorSpace /DeviceRGB Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. Petitioners declared the Lot for taxation purposes and paid all the corresponding real estate taxes. LR@ F)hV 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. There is no dispute that Executive Order No. 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.
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