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. endobj The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. Additional owners BERNARDINA TAWAS, JORETO TORRES, JOSE AMO, VICENTE TORRES and SERGIO MONTEALEGRE who bought portions of the property from Edna Collado through a Deed of Sale on 6 November 1985 (Exhibit "Q" to "Q-3"). GREGORIO CAMANTIQUE bought the property from Diosdado Leyva before the Japanese Occupation of the Philippines during World War II. The term "public land" referred to all lands of the public domain whose title still remained in the government and are thrown open to private appropriation and settlement, and excluded the patrimonial property of the government and the friar lands."16. 2. ( endobj 25597, which declared null and void the Decision3 dated January 30, 1991 of the Regional Trial Court of Antipolo, Rizal, Branch 71, in LRC No. SP No. 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. An imperfect title may have been derived from old Spanish grants such as a titulo real or royal grant, a concession especial or special grant, a composicion con el estado or adjustment title, or a titulo de compra or title through purchase.29 Or, that he has had continuous, open and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of ownership for at least thirty years preceding the filing of his application as provided by Section 48 (b) CA 141. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. 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. 269-A, LRC Rec. 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. ( A lock ( << On the Kabanga-an side, this would mean destruction of forest covers which acts as recharged areas of the Matangtubig springs. 8, Application; Emphasis supplied). XIV, Sec. 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). 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. Pursuant to Executive Order 192, LOI 1260 implementing the Integrated Valid certificate: A certificate that is not 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 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. The Lot was surveyed in the name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902. The Certification reads: "Republic of the PhilippinesMinistry of Natural Resources, BUREAU OF FOREST DEVELOPMENTREGION IVEL AL Building100 Quezon Avenue, Quezon City. "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. They insist that the land registration court had jurisdiction over the case which involves private land. >> No. /Resources << 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@" 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. 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. 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. Alaska California Montana-Dakotas Integrated Bar of the Philippines (IBP) and Judici Bankers Association of the Philippines (BAP), Basic Labor Code of the Philippines - Working Hours. 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. ", 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. Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. No. Pasigarbo sa Larena Christmas Tree Decorating Contest-Season 3. 439-440. The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. That the land in question is within the Marikina Watershed Reservation is confirmed by the Administrator of the National Land Titles and Deeds in a Report, dated March 2, 1988, submitted to the respondent Court in LR Case No. 285-287. 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. 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. . Proclamation No. << Considering the barangays proximity to the Matangtubig waterworks, the activities of the farmers which are in conflict with proper soil and water conservation practices jeopardize and endanger the vital waterworks. (Heirs of Gumangan vs. Court of Appeals. 35 Republic vs. Court of Appeals, 201 SCRA 1 (1991). 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. 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 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. Other Programs: Stewardship contracting is not a replacement for the BLMs established timber sale or grazing programs. 2), all lands of the public domain belong to the State. 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. A 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. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. 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. 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. 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. 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 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 law bars the ARBs to transfer the awarded land during a holding period of 10 years and that is while the amortization to the government has not yet been fully paid. Four years later, Spain ceded to the government of the United States all rights, interests and claims over the national territory of the Philippine Islands through the Treaty of Paris of December 10, 1898. ( In 1903, the United States colonial government, through the Philippine Commission, passed Act No. 263, Otherwise Known as the Community-based Forest Management Strategy (CBFMS), Guidelines on the Establishment of Community-based Forest Management (CBFM) Projects within Mangrove Areas, Amendments of DENR A.O. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. PENRO Negros Oriental Coastal Clean-up 2022, Special Service Award for Forester Filadelfo Jumawid, Kababayen-an Para sa Kinaiyahan: Women Take the Lead in the Assessment of Typhoon-Damaged Mangroves of Bohol, PENRO Siquijor celebrates the International Day of Forest, CENRO Talibon joins the International Coastal Cleanup, PENRO Cebu Celebrates International Earth Day 2022, 82nd Anniversary of Siquijor Forest Reserve, PENRO Siquijor Coastal Clean-up In celebration of the Month of the Planet Earth, Certificate of Wildlife Registration (CWR), FORESHORE APPLICATION (FLA) OR MISCELLANEOUS LEASE APPLICATION (MLA). 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. 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. The following are the existing policies used as references in this index: The following are other existing policies related to CBFM and CS: The following are the policies related to CBFMA and CS that were repealed and/or amended: Frequently Asked Questions [link to document], Adopting Community-based Forest Management as the National Strategy to Ensure the Sustainable Development of the Countrys Forestlands Resources and Providing Mechanisms for Its Implementation, Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and Residual Forests and Creating the Anti-Illegal Logging Task Force, Production Sharing Agreement with Peoples Organization in the Harvest of Forest Plantations Owned by the Government Inside CBFM Areas, Exemption of Community Based Forest Management Projects from the Payment of Administrative Fees, Guidelines on the Establishment and Management of the CBFM Special Account, Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) within CBFM Areas, Revised Rules and Regulations for the Implementation of Executive Order 263, otherwise known as the Community-Based Forest Management Strategy (CBFMS), DENR Manual of Authorities on Technical Matters, Promoting Tree Plantation Development and Liberalizing Harvesting and Transport of Planted Trees and Tree Derivatives for Inclusive Growth and Sustainable Development, Enhanced Guidelines and Procedures in the Preparation/Updating of the Community Resource Management Framework (CRMF) and Five-Year Work Plan (FYWP) for the CBFMA, Approval/Affirmation of Community Resource Management Framework (CRMF) and Five-Year Work Plan (FYWP) for the CBFMA, Guidelines for the Affirmation of Community Resource Management Framework (CRMF) and Approval of Five-Year Work Plan (FYWP) of the Holders of Community-Based Forest Management Agreement (CBFMA), Integration of all the Community-based Forest Management Strategy and People-Oriented Forestry Programs and Projects into the DENR Regular Structure), DAO 1998-41: Guidelines on the Establishment of Community-based Forest Management (CBFM) Projects within Watershed Reservations, Amending DAO 98 Series of 1998 to include CBFMP under the Coverage of Program D of the Comprehensive Agrarian Reform Program (CARP) and the National Anti-Poverty Program, Operationalization of the CBFM Program at the Regional, PENR and CENR Offices, Test Implementation of the Project Impact Monitoring and Evaluation System (PRIMES) as Monitoring and Evaluation Guidelines for Community-Based Forest Management Program (CBFMP), Rules and Regulations for the Implementation of Executive Order No. Site are non-transferable. 573, should not be interpreted as requiring a title. 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.) No. /BitsPerComponent 8 First. No. 1637 reverted Lot A or the townsite reservation, where petitioners' Lot is supposedly situated, back to the MWR. In most cases, this proof of purchase will be an invoice, but Has the right to transfer or convey, in whole or in part, the area covered by CS to any co-member of the CBFM-PO who is qualified to be a CS beneficiary. /Type /Catalog Any changes in ownership require a new application along with the non-refundable licensing fee. According to intervenors, they are the actual occupants of the Lot which petitioners sought to register. Section 16. He thus recommended the dismissal of the application for registration. Web5.4 Subcontractors, transport and contract processing 5.5 17Non-conforming product 5.6 Requests for traceability and supply chain assurance 5.7 Specific requirements for under-assessment product 205.8 Specific requirements on forced and child labour 7 11 13 13 15 17 18 19 Marine Stewardship Council Containing an area of one thousand two hundred twenty five (1,225) Hectares, more or less. /Length 8 0 R >> /Type /XObject 3. Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. 2 of certificate of Title No. /Width 2549 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. WebStewardship Users of financial reports need information to help them assess managements stewardship. ( ( 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.". "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 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.". 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. ( "40, Second Issue: Whether the petition for annulment of judgment. The same, however, has already been amended by Presidential Decree No. 1283 has since been amended by Proclamation No. 926, the first Public Land Act, which was described as follows: "Act No. The 1987 Constitution readopted this policy. 18 Noblejas & Noblejas, Registration of Land Titles and Deeds, 1992 Ed. /Length 10 0 R They likewise opposed the registration and asserted that the Lot, which is situated inside the Marikina Watershed Reservation, is inalienable. The protection of watershed ensures an adequate supply of water for future generations and the control of flashfloods that not only damage property but also cause loss of lives. 7189 in 4 February 1958, under Tax Declaration No. 36 Heirs of Amunategui vs. Director of Forestry, 126 SCRA 69 (1983). 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. 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. ( 2. 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. 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 The Court of The principal document presented by petitioners to prove the private character of the Lot is the Certification of the Bureau of Forest Development dated March 18, 1986 that the Lot is excluded from the Marikina Watershed (Exh. Im selling own business. Their right to register the Lot is predicated mainly upon continuous possession since 1902. Thus, in Mago the Court held that: "It is quite clear and patent that the motions for intervention filed by the movants at this stage of the proceedings where trial had already been concluded x x x and on appeal x x x the same affirmed by the Court of Appeals and the instant petition for certiorari to review said judgment is already submitted for decision by the Supreme Court, are obviously and, manifestly late, beyond the period prescribed under x x x Section 2, Rule 12 of the rules of Court. The exceptions are some areas where CSC is not generally acceptable such as in the Cordilleras, in predominantly Muslim areas in Mindanao, "Stewardship as an alternative to land ownership in the Philippine uplands"@eng, Philippines Univ., Los Banos, College, Laguna (Philippines). The law governed the disposition of lands of the public domain. "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. Upon recommendation of the Secretary of Agriculture and Natural Resources and pursuant to the authority vested in me by law, I, FERDINAND E. MARCOS, President of the Philippines, do hereby, exclude from the operation of Executive Order No. 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. It is designed as the means best adopted to obtain that thing. 33, DATED JULY 26, 1904 WHICH ESTABLISHED THE MARIKINA WATERSHED RESERVATION (IN-12) AS AMENDED, BY EXCLUDING CERTAIN PORTIONS OF LANDS EMBRACED THEREIN SITUATED AT SITIOS BOSOBOSO, KILINGAN, VETERANS, BARANGAYS SAN JOSEPH AND PAENAAN, MUNICIPALITY OF ANTIPOLO, PROVINCE OF RIZAL, ISLAND OF LUZON. Web2 Multi-year Contracting: Stewardship contracts and assistance agreements may have terms of up to ten years, subject to approval. Its proper aim is to facilitate the application of justice to the rival claims of contending parties. 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."". ( Likewise, in a letter38 dated November 11, 1991, the Deputy Land Inspector, DENR, Region IV, Community Environment and Natural Resources Office, Antipolo, Rizal, similarly confirmed that the Lot is within the MWR. endobj 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. 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. 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. 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. 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. 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").
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