Proclamation No. No public land can be acquired by private persons without any grant, express or implied from the government; it is indispensable that there be a showing of a title from the state. 926 in 1919. ( 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 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. 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. On August 8, 1991, they filed a Motion for Leave to Intervene and to Admit Opposition in Intervention before the land registration court to assert their rights and to protect their interests. Stewardship 8. The Court in Sta. << Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. SESINANDO LEYVA was the earliest known predecessor-in-interest of the Applicants who was in actual, open, notorious and continuous possession of the property in the concept of owner. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. (Q@((aEPEPEPI 1F( 1637 reverted Lot A or the townsite reservation, where petitioners' Lot is supposedly situated, back to the MWR. Sec. This non-regulatory Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. Q ( An applicant for confirmation of imperfect title bears the burden of proving that he meets the requirements of Section 48 of CA 141, as amended. 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. 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 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. 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"). They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. Intervenors counsel received a copy of the decision on August 9, 1991. The purpose of procedure is not to thwart justice. Sta. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. Certificate of Title: Definition and Examples - Investopedia 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". 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. 8775 on 3 August 1965, under Tax Declaration No. 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. He declared the property for tax purposes, the latest of which was under Tax Declaration No. Any changes in ownership require a new application along with the non-refundable licensing fee. endobj We also hold that environmental consequences in this case override concerns over technicalities and rules of procedure. x x x x x x x x x. Certificate of Amendment has the meaning set forth in Section 2.1(a) of this Agreement. Forestry-related Laws and Policies 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. See Director, Lands Management Bureau vs. Court of Appeals, 324 SCRA 757 (2000). 7 0 obj Any watershed or any area of land adjacent to any surface water or overlying any ground water may be declared by the Department of Natural Resources as a protected area. The NCIP shall conduct a study of other tenurial instruments issued to members of ICC/IP communities such as, but not limited to, Certificates of Land Ownership Awards (CLOA) of the Department of Agrarian Reform (DAR), and Certificate of Stewardship Contracts (CSC) of the DENR, in order to determine the feasibility of their conversion to CADTs or CALTs, and the case may be. Congress permanently authorizedstewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. The period of occupancy after the issuance of EO 33 in 1904 could no longer be counted because as a watershed reservation, the Lot was no longer susceptible of occupancy, disposition, conveyance or alienation. 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. 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. ( endobj 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. 03-06145 on 25 June 1978. Among those awarded were intervenors. 1637 revised the area and location of the proposed townsite. 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." There was an overwhelming sentiment in the Convention in favor of the principle of state ownership of natural resources and the adoption of the Regalian doctrine. The Casile and Kabanga-an watersheds can be considered a most vital life support system to thousands of inhabitants directly and indirectly affected by it. 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." 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. It is axiomatic that the possession of forest lands or other inalienable public lands cannot ripen into private ownership. Hence, the judgment of the Court of First Instance of Pampanga as regards the Lot No. ( Upon cancellation of a Certificate of Stewardship, the GRANTEE loses the right to nominate another qualified individual/s or couple to take over his/her stewardship.This Stewardship Agreement may be pre-terminated by mutual agreement of the contracting parties. /MediaBox [ 0 0 612 843 ] 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. 573. ( ) or https:// means youve safely connected to the .gov website. 96-29 which prescribes the Rules and Regulations for the Implementation of Executive Order No. On August 14, 1991, intervenors filed a motion to vacate judgment and for new trial before the land registration court. 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). On the Casile side this would mean direct siltation of the Mangumit river which drains to the water impounding reservoir below. XIV, Sec. /Subtype /Image 439-440. 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. ( Any title to the Lot is void ab initio. Subsequently, then President Aquino issued Proclamation No. Cannot I transfer my license? XIII, Sec. 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). Both the 1935 and 1973 Constitutions prohibited the alienation of all natural resources except agricultural lands of the public domain. "x x x cannot be acquired by acquisitive prescription. Aware that the parcels of land which their forefathers had occupied, developed and tilled belong to the Government, they filed a petition with then President Corazon C. Aquino and then DENR Secretary Fulgencio S. Factoran, to award the parcels of land to them. ", In fine, one claiming "private rights" must prove that he has complied with C.A. contract is signed for the audit. Stewardship Credits: As service work is completed, an equal amount of credit toward removal of forest ", 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.". ANGELINA REYNOSO, bought the property from Gregorio Camantique by virtue of a Deed of Sale on 3 February 1958 (Exhibit "H"). 6 0 obj Basic Labor Code of the Philippines - Overtime, MIASCOR, Customs, Telco, PMPHI, Oil Price. stream 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. Toward this, we hope that an acceptable comprehensive watershed development policy and program be immediately formulated and implemented before the irreversible damage finally happens.". 6 Consolidated Rejoinder, pp. From these watersheds come the natural God-given precious resource water. 11 Republic vs. Sayo, 191 SCRA 71 (1990). ( 1. Certificate of Arrangement means the certificate of arrangement to be issued by the Director pursuant to subsection 192(7) of the CBCA in respect of the Articles of Arrangement; Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Amended and Restated Certificate of Incorporation. Stewardship projects are created through an open, collaborative process that involved local communities and interested organizations. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. /Pages 3 0 R However, the Provincial Prosecutor failed to answer the query. /Length 6 0 R No. (Sgd.) 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 The law governed the disposition of lands of the public domain. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. 573 classified as inalienable. 16945 on 15 December 1975, and under Tax Declaration No. 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. ( 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. 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. 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. 765 DATED OCTOBER 26, 1970 THAT RESERVED PORTIONS OF THE AREA AS RESETTLEMENT SITE. After appraisal of the evidence submitted by petitioners, the land registration court held that petitioners had adduced sufficient evidence to establish their registrable rights over the Lot. 1998-45. 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. Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. /Width 2549 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. SP No. x x x, "WHEREFORE, this matter is respectfully submitted to the Honorable Court for its information and guidance with the recommendation that the application in the instant proceedings be dismissed, after due hearing (Underlining supplied).". ( Petitioners assert that Lot Psu-162620 is a small part of this excluded town site area. 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 Finally, it is of no moment if the areas of the MWR are now fairly populated and vibrant communities as claimed by petitioners. 5. 8, Application; Emphasis supplied). /Im1 Do ( CORAZON C. AQUINOPresident of the Philippines", Pursuant to Proclamation No. WebStewardship Users of financial reports need information to help them assess managements stewardship. ANO PO BA ANG CERTIFICATE OF STEWARDSHIP (CS)? Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. 7189 in 4 February 1958, under Tax Declaration No. No. Rule 19 of the 1997 Rules of Civil Procedure47 provides in pertinent parts: Section 1. Who may intervene. 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. 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. Protection of watersheds is an "intergenerational" responsibility that needs to be answered now.". 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.". 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. DIOSDADO LEYVA, is the son of Sesinando Leyva, who inherited the property. While the certificate of title is an opinion of status and doesn't guarantee ownership, the deed is a document used when there is a transfer of property from a ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. Animal Welfare FAQ | Iowa Department of Agriculture ( Petitioners alleged that they have occupied the Lot since time immemorial. Accordingly, the court rendered a decision confirming the imperfect title of petitioners. Indeed, all lands of the public domain as well as all natural resources enumerated in the Philippine Constitution belong to the State. He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. 8. In case of assets which established through the project involving the CBFM-PO, the profit shall becoming subjected to the agrees benefit-sharing mechanisms. Featured Projects Learn about successful local BLM projects implemented through stewardship contracting. No. These documents readily and effectively negate the allegation in private respondent Collados application that "said parcel of land known as Psu-162620 is not covered by any form of title, nor any public land application and are not within any government reservation (Par. More so, the introduction of earth disturbing activities like road building and erection of permanent infrastructures. They insist that the land registration court had jurisdiction over the case which involves private land. Third, Gordula vs. Court of Appeals33 is in point. Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. Forest lands, including watershed reservations, are excluded. 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. The 1935, 1973, 1987 Philippine Constitutions. 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. 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. 172 SCRA 563; Emphasis supplied). WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). First. (Sgd.) 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. To remove all doubts, the Convention approved the provision in the Constitution affirming the Regalian doctrine.". Evidence was likewise presented that said property was declared for taxation purposes in the names of the previous owners and the corresponding taxes were paid by the Applicants and the previous owners and said property was planted to fruit bearing trees; portions to palay and portions used for grazing purposes. All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. 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.) The petitioners in Gordula contended, however, that Proclamation No. WebSans the presence of the awardee of the Certificate of Stewardship, the provision clearly allows Valeriana to institute the action for the recovery of the physical possession of the property against the alleged usurper. 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. 42 Sec. 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. 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.
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is certificate of stewardship contract transferable