Section 4 (a) of RA No. This was superseded by RA 1942 which provided for a simple thirty-year prescriptive period of occupation by an applicant for judicial confirmation of an imperfect title. 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. 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. Stewardship Credits: As service work is completed, an equal amount of credit toward removal of forest 285-287. No. 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. As of 1904, Sesinando Leyva had only been in possession for two years. Pursuant to Executive Order 192, LOI 1260 implementing the Integrated CONTRACT A database of the CSCs that are renewed and cancelled shall be kept and maintained in order to facilitate monitoring and making 'decision as to the best use of the CSC areas 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. << 1999-29 which Amends Certain Provisions of DAO 96-29 related to the Processing and Approval of Community-based Forest Management Agreement (CBFMA), Guidelines for the Formulation of Community Resource Management Framework and Annual Work Plan for Community Based Forest Management Areas, 132 : Special Forest Landuse Agreement (FLAg), 121 : Integrated Forest Management Agreement, Executive Order No. 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable. According to intervenors, they learned only on July 31, 1991 about the pendency of LRC Case No. /Pages 3 0 R 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. ANGELINA REYNOSO, bought the property from Gregorio Camantique by virtue of a Deed of Sale on 3 February 1958 (Exhibit "H"). All content is in the public domain unless otherwise stated. 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. ANO PO BA ANG CERTIFICATE OF - Villamar Law 1637 reads: AMENDING PROCLAMATION NO. Ito po ay binibigay ng gobyerno, sa pangangasiwa ng DENR, sa mga indibidwal o pamilya na No. 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. 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. G.R. No. 107764 - Lawphil Finally, it is of no moment if the areas of the MWR are now fairly populated and vibrant communities as claimed by petitioners. 35 Republic vs. Court of Appeals, 201 SCRA 1 (1991). Their right to register the Lot is predicated mainly upon continuous possession since 1902. Stewardship 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. 8. An official website of the United States government. Prepared for the Office of the United States Agency for International Development (USAID) under Contract Number 492-0444-C-00-5073-00 30 Republic vs. Court of Appeals, 349 SCRA 451 (2001). ( Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. 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. 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. Vitug, and Ynares-Santiago, JJ., concur. Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. Next, petitioners argue that assuming no private rights had attached to the Lot prior to EO 33 in 1904, the President of the Philippines had subsequently segregated the Lot from the public domain and made the Lot alienable and disposable when he issued Proclamation No. In Director of Lands vs. Reyes, we held that a settler claiming the protection of "private rights" to exclude his land from a military or forest reservation must show "x x x by clear and convincing evidence that the property in question was acquired by [any] x x x means for the acquisition of public lands. /XObject << (Heirs of Gumangan vs. Court of Appeals. LR@ F)hV EDNA COLLADO bought the property from Myrna Torres in a Deed of Sale dated 28 April 1984 (Exhibit "P-1" to "P-3"). ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. It required the "adjustment" or registration of all agricultural lands, otherwise the lands would revert to the state.15. Since then, the Lot became non-disposable and inalienable public land. They likewise opposed the registration and asserted that the Lot, which is situated inside the Marikina Watershed Reservation, is inalienable. 263 series of 1995; DENR Administrative Order No. (Exhibit "K")."7. ( They also argue that the Republic is estopped from questioning the land registration courts jurisdiction considering that the Republic participated in the proceedings before the court. It also spawned a number of criminal cases between the two rival groups including malicious mischief, robbery and arson. 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. 1 Filed under both Rules 45 and 65 of the Rules of Court. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. The Court of Appeals granted the motion to intervene verbally during the preliminary conference held on April 6, 1992. 141, as amended, otherwise known as the Public Land Act, which prescribes the substantive as well as the procedural requirements for acquisition of public lands. 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). /Type /Page When the conditions set by law are complied with, the possessor of the land, by operation of law, acquires a right to a grant, a government grant, without the necessity of a certificate of title being issued."31. 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. Their possession has been open, public, notorious and in the concept of owners. 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. 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. Article 67 of the Water Code of the Philippines (PD 1067) provides: "Art. 1), 1973 (Art. The most important product of a watershed is water which is one of the most important human necessit(ies). >> ( REPUBLIC OF THE PHILIPPINES Neither was the validity of the certificates of stewardship contracts which intervenors allegedly possessed inquired into considering this too was not in issue. 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. 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. 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. There are not much information since they are not yet listed in PSE. However, the Provincial Prosecutor failed to answer the query. WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). 41 Petitioners claim that the Solicitor General received a copy of the decision as early as February 18, 1991. At any rate, the Court notes that evidence was presented by the applicants that as per Certification issued by the Bureau of Forest Development dated March 18, 1980, the area applied for was verified to be within the area excluded from the operation of the Marikina Watershed Lands Executive Order No. Toward this, we hope that an acceptable comprehensive watershed development policy and program be immediately formulated and implemented before the irreversible damage finally happens.". 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. CHECKLIST OF REQUIREMENTS - Department of Section 48 (b) of CA 141, as amended, applies exclusively to alienable and disposable public agricultural land. 573. 6. Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas. To remove all doubts, the Convention approved the provision in the Constitution affirming the Regalian doctrine.". 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. 8775 on 3 August 1965, under Tax Declaration No. The motion to intervene may be filed at any time before rendition of judgment by the trial court. Subsequently, then President Aquino issued Proclamation No. G.R. No. 173606 - Lawphil 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 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. The GRANTEE has the right to nominate their heir to the Stewardship Agreement, subject to the approval of the Secretary or his authorized representative, to facilitate orderly transfer upon the death or incapacity of the original stewards, movement outside of the area by the stewards, and change of vocation of the Certificate of Stewardship holders. 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. The petitioners in Gordula contended, however, that Proclamation No. stream /Producer () ( 2), all lands of the public domain belong to the State. 33 dated July 26, 1904 per Proclamation No. No. He had the property surveyed in his name on 22 March 1902 (Exhibit "W" and "W-1" testimonies of J. Torres on 16 December 1987 and Mariano Leyva on 29 December 1987). After plotting plan Psu-162620 in our Municipal Index Map it was found that a portion of the SW, described as Lot 3 in plan Psu-173790 was previously the subject of registration in Land Reg. 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. COURT OF APPEALS and REPUBLIC OF THE PHILIPPINES, thru the Director of Lands, respondents, BOCKASANJO ISF AWARDEES ASSOCIATION, INC., LITA MENDOZA, MORADO PREFIDIGNO, TERESITA CRUZ and CALOMA MOISES, respondents/intervernors. 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. 6 Consolidated Rejoinder, pp. All income/proceeds derived from that land shall accrue to the CSV holder. stream (Q@((aEPEPEPI 1F( 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. 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. Petitioners argue that the remedy of annulment of judgment is no longer available because it is barred by the principle of res judicata. The CBFM strategy recognizes the individual rights of occupancy through the granting of the Certificate of Stewardship (CS). GREGORIO CAMANTIQUE bought the property from Diosdado Leyva before the Japanese Occupation of the Philippines during World War II. 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. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court, or an officer thereof may, with leave of court, be allowed to intervene in the action. 107764 October 4, 2002. The facts show that petitioner Gordula did not acquire title to the subject land prior to its reservation under Proclamation No. The Lot was surveyed in the name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902. Containing an area of three thousand seven hundred eighty (3,780) Hectares, more or less. No. 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. ( The result will not change even if we tack in the two years Sesinando Leyva allegedly possessed the Lot from 1902 until the issuance of EO 33 in 1904. Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. "x x x cannot be acquired by acquisitive prescription. 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. ". On the Casile side this would mean direct siltation of the Mangumit river which drains to the water impounding reservoir below. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. WebCertificate of Stewardship Certificate of Tree Plantation Ownership Rattan Cutting Contract Securing Export Authority for finished and Semi finished Wood products All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. The certificate of title is indefeasible and imprescriptible and all claims to the parcel of land are quieted upon issuance of the certificate.19 PD 1529, known as the Property Registration Decree enacted on June 11, 1978,20 amended and updated Act 496. 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. 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.". Attached to the application was the technical description of the Lot as Lot Psu-162620 signed by Robert C. Pangyarihan, Officer-in-Charge of the Survey Division, Bureau of Lands, which stated, "[t]his survey is inside IN-12 Mariquina Watershed." $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz " ? This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). Both the 1935 and 1973 Constitutions prohibited the alienation of all natural resources except agricultural lands of the public domain. 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). 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. The Court in Sta. 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. 96-29 which prescribes the Rules and Regulations for the Implementation of Executive Order No. 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. During the hearings, petitioners submitted evidence to prove that there have been nine transfers of rights among them and their predecessors-in-interest, as follows: "1. PAST AND PRESENT FORESTRY SUPPORT ( 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. No. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. 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. A strict application of the rules would blur this bigger, far more important picture. However, the Court also recognized that: "The definition does not exactly depict the complexities of a watershed. Licenses are non-transferable. 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. Proclamation No. 926, the first Public Land Act, which was described as follows: "Act No. 926 was that the land possessed and claimed by individuals as their own are agricultural lands and therefore alienable and disposable. Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. 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."". Forestry-related Laws and Policies ( /Height 3510 /Filter [ /DCTDecode ] WebThe Marine Stewardship Council (MSC) is responsible for these requirements. G. R. No. Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. Legal Considerations for Stewardship Funding endobj Buyers and sellers typically complete a Purchase and Sale Agreement. Secretary Factoran directed the Director of Forest Management Bureau to take steps for the segregation of the aforementioned area from the MWR for development under the DENRs ISF Programs. ( Certificate of Stewardship - PENRO Buying and Selling TDRs "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. RECOGNITION OF INDIVIDUAL PROPERTY 269-A. DAR issues new guidelines on EP, CLOA, other N-59179 is AFFIRMED. First. Containing an area of one thousand two hundred twenty five (1,225) Hectares, more or less. 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. 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. /Length 6 0 R The court later set aside the order and reset the hearing to January 14, 1991 for the presentation of the evidence of the oppositors. Sta. 2. Stewardship Contracting Proclamation No. DENR ADMINISTRATIVE ORDER NO - FAO 5 0 obj He declared the property for tax purposes, the latest of which was under Tax Declaration No. endobj In case the resources were planted through the project involving the CBFM-PO, the proceeds shall be subjected to the agreed benefit-sharing mechanisms. ( "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. According to then DENR Secretary Victor Ramos, Proclamation No. 585, the chief of the ISF Unit, acting through the Regional Executive Director of the DENR (Region IV), issued sometime between the years 1989 to 1991 certificates of stewardship contracts to bona fide residents of the barangays mentioned in the proclamation as qualified recipients of the ISF programs.