1 A^(fh}QAQE QE RZ( ( ( ( ( ( ( ( ( ( 'QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE P(((((((((((((((((((((R]cQE QE QE QE QE QE QE QE QE (!8( ((aEPEPEPEPEPEPIKE Time to intervene. q ( This technical description categorically stated that the Lot "is inside IN-12 Mariquina Watershed.". Indeed, all lands of the public domain as well as all natural resources enumerated in the Philippine Constitution belong to the State. This is to certify that the tract of land situated in Barangay San Isidro, Antipolo, Rizal, containing an area of 1,269,766 square meters, as shown and described on the reverse side hereof, surveyed by Geodetic Engineer Telesforo Cabading for Angelina C. Reynoso, is verified to be within the area excluded from the operation of Marikina Watershed Reservation established under Executive Order No. Site are non-transferable. Among those awarded were intervenors. Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. 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. On the Kabanga-an side, this would mean destruction of forest covers which acts as recharged areas of the Matangtubig springs. 3. ( 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. 67. WebCertificate of Stewardship Contract (CSC) and duly signed by the issuing authority; and 5. 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. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit: (a) Those who prior to the transfer of sovereignty from Spain to the United States have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have, with or without default upon their part, or for any other cause, not received title therefor, and such applicants or grantee and their heirs have occupied and cultivated said lands continuously since the filing of their applications. ( Case No. 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. ( Rosa Realty Development Corp. vs. Court of Appeals, et al.,27 the Court had occasion to discourse on watershed areas. FERDINAND E. MARCOSPresidentRepublic of the Philippines". Upon recommendation of the Secretary of Environment and Natural Resources and pursuant to the authority vested in me by law, I, CORAZON C. AQUINO, President of the Philippines, do hereby exclude from the operation of Executive Order No. 107764 October 4, 2002. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. 26 Blacks Law Dictionary, 6th Ed., 1990. The Forest Management Bureau of the Department of Environment and Natural Resources provides technical guidance to the central and field offices for the effective protection, development, and conservation of forestlands and watersheds. This Stewardship Agreement shall form an integral part of the Certificate of Stewardship. ( 11 Republic vs. Sayo, 191 SCRA 71 (1990). 1283, promulgated on June 21, 1974, which established the Boso-Boso Townsite Reservation, amended by proclamation No. /Producer () Accordingly, the court rendered a decision confirming the imperfect title of petitioners. In other words, it is a means to an end.". Marine Stewardship Council Marine House 1 Snow Hill London EC1A 2DH United Kingdom Phone: + 44 (0) 20 7246 8900 Fax: + 44 (0) 20 7246 8901 Email: [email protected] MSC General Certification Requirements v2.4.1 The CBFM strategy recognizes the individual rights of occupancy through the granting of the Certificate of Stewardship (CS). On August 6, 1991, the Solicitor General filed with the Court of Appeals a Petition for Annulment of Judgment pursuant to Section 9(2) of BP Blg. endobj endobj Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. 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. We also hold that environmental consequences in this case override concerns over technicalities and rules of procedure. Watershed Reservation is a Natural Resource, The term "natural resource" includes "not only timber, gas, oil coal, minerals, lakes, and submerged lands, but also, features which supply a human need and contribute to the health, welfare, and benefit of a community, and are essential to the well-being thereof and proper enjoyment of property devoted to park and recreational purposes."26. /Type /XObject 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"). 33 dated July 2, 1904 which established the Marikina Watershed Reservation (IN-12) x x x. 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 The exploration, development and utilization of natural resources shall be under the full control and supervision of the State. ( Congress permanently authorizedstewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. Petitioners contend that their claim of ownership goes all the way back to 1902, when their known predecessor-in-interest, Sesinando Leyva, laid claim and ownership over the Lot. endobj 8. However, the Provincial Prosecutor failed to answer the query. Cannot I transfer my license? 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. As of 1904, Sesinando Leyva had only been in possession for two years. /Length 8 0 R 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. 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 2004-29; DENR Administrative Order No. 14 and 16, both series of 1915, which established the Watershed Reservation situated in the Municipality of Antipolo, Province of Rizal, Island of Luzon, certain portions of land embraced therein and reserve 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, subject to private rights, if any there be, and to future subdivision survey in accordance with the development plan to be prepared and approved by the Department of Local Government and Community Development, which parcels are more particularly described as follows: A parcel of land (Lot A of Proposed Poor Mans Baguio, being a portion of the Marikina Watershed, IN-2), situated in the municipality of Antipolo, Province of Rizal, Island of Luzon, beginning at a point marked "1" on sketch plan, being N-74-30 E, 8480.00 meters more or less, from BLLM 1, Antipolo, Rizal; thence N 33 28 W 1575.00 m. to point 2; thence N 40 26 W 1538.50 m. to point 3; thence N 30 50W 503.17 m. to point 4; thence N 75 02 W 704.33 m. to point 5; thence N 14 18 W 1399.39 m. to point 6; thence N 43 25 W 477.04 m. to point 7; thence N 71 38 W 458.36 m. to point 8; thence N 31 05 W 1025.00 m. to point 9; thence Due North 490.38 m. to point 10; thence Due North 1075.00 m. to point 11; thence Due East 1000.00 m. to point 12; thence Due East 1000.00 m. to point 13; thence Due East 1000.00 m. to point 14; thence Due East 1000.00 m. to point 15; thence Due East 1000.00 m. to point 16; thence Due East 1000.00 m. to point 17; thence Due East 1075.00 m. to point 18; thence Due South 1000.00 m. to point 19; thence Due South 1000.00 m. to point 20; thence Due South 1000.00 m. to point 21; thence Due South 1000.00 m. to point 22; thence Due South 1000.00 m. to point 23; thence Due South 1000.00 m. to point 24; thence Due South 1075.00 m. to point 25; thence Due West 1000.00 m. to point 26; thence Due West 1000.00 m. to point 27; thence Due West 636.56 m. to point of beginning. ( endobj 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. The Lot was surveyed in the name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902. 5 Co-petitioners Joseph L. Nunez, Gloria Serrano, Danilo Fabregas, Fernando T. Torres, Luz G. Tubungbanua, Caridad T. Tutana, Jose C. Torres, Jr., Imelda Gaylaluad, Rosalie Tutana, Norma Astorias, Myrna M. Lancion, Norberto Camilote, Cecilia Macaranas, Pedro Briones, Remedios Bantigue, Dante L. Montealegre, Aida T. Godon, Armando T. Torres and Fidelito Eco. According to intervenors, they are the actual occupants of the Lot which petitioners sought to register. 8), and 1987 Constitution (Art. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. 263 series of 1995; DENR Administrative Order No. Users of financial reports Containing an area of three thousand seven hundred eighty (3,780) Hectares, more or less. Proclamation No. /MediaBox [ 0 0 612 843 ] 33 ("EO 33" for brevity) dated July 26, 190410 established the Marikina Watershed Reservation ("MWR" for brevity) situated in the Municipality of Antipolo, Rizal. ( 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. ( ( (Sgd.) In the case that the Certificate of Stewardship shall be issued to spouses, both husband and wife shall sign this Agreement. 1283 has since been amended by Proclamation No. What is a condominium? 1637 revised the area and location of the proposed townsite. ( 172 SCRA 563; Emphasis supplied). In Gordula, petitioners did not contest the nature of the land. 96-29 which prescribes the Rules and Regulations for the Implementation of Executive Order No. 6. In case of assets which established through the project involving the CBFM-PO, the profit shall becoming subjected to the agrees benefit-sharing mechanisms. 6 Consolidated Rejoinder, pp. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. This premier institution of higher learning was established in 1908 and is now a university system composed of eight constituent universities and one autonomous college spread throughout 17 campuses in the archipelago. 133250, July 9, 2002. Petitioners further contend that town sites are considered alienable and disposable under CA 141. 573 classified as inalienable. Integrated Natural Resources Environmental Management Project, Coastal & Marine Ecosystem Management Program, Intensified Forest Protection & Anti-Illegal Logging, Geo-Hazard, Groundwater Assessment & Responsible Mining, Improved Land Administration & Management, DENR-7 FILED CASE AGAINST OWNER OF MINI ZOO IN BOHOL PROVINCE. 18 Noblejas & Noblejas, Registration of Land Titles and Deeds, 1992 Ed. 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. They insist that the land registration court had jurisdiction over the case which involves private land. Petitioners contend that Proclamation No. 2), all lands of the public domain belong to the State. 269-A, LRC Rec. ( 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. Neither was the validity of the certificates of stewardship contracts which intervenors allegedly possessed inquired into considering this too was not in issue. ", 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. x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. and where there are existing petitions that lands currently occupied be released as alienable and disposable. 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. See Director, Lands Management Bureau vs. Court of Appeals, 324 SCRA 757 (2000). Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. 8, Application; Emphasis supplied). Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. 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. 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. The University of the Philippines (UP) is the countrys national university. On August 14, 1991, intervenors filed a motion to vacate judgment and for new trial before the land registration court. JFIF LEAD Technologies Inc. V1.01 ( WebCertificate of Stewardship Certificate of Tree Plantation Ownership Rattan Cutting Contract Securing Export Authority for finished and Semi finished Wood products On the Casile side this would mean direct siltation of the Mangumit river which drains to the water impounding reservoir below. (Sgd) ARMENDO R. CRUZSupervising Cartographer, (Sgd) LUIS G. DACANAYChief, Forest Engineering & Infrastructure Section". For failure of the oppositors to present their evidence, the land registration court issued an order considering the case submitted for decision based on the evidence of the petitioners. 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 impact of watershed degradation threatens the livelihood of thousands of people dependent upon it. ( Swampy areas covered by mangrove trees, nipa palms and other trees growing in brackish or sea water may also be classified as forest land. Jurisdiction. 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. ( 1637 on April 18, 1977. A major finding of the study was that the CSC recipients are apprehensive of their land security after 25 years and fear that the government might get back the land covered by the CSC after it has been fully developed. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. ( contract is signed for the audit. 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 descriptions of the land embraced therein, subject to private rights, if any there be, which parcel of land is more particularly described as follows: A PARCEL OF LAND (Proposed Lungsod Silangan Townsite Reservation amending the area under SWO-41762 establishing the Bagong Silangan Townsite Reservation) situated in the Municipalities of Antipolo, San Mateo, and Montalban, Province of Rizal, Island of Luzon. 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). He declared the property for tax purposes, the latest of which was under Tax Declaration No. 1. EDNA COLLADO bought the property from Myrna Torres in a Deed of Sale dated 28 April 1984 (Exhibit "P-1" to "P-3"). In the meantime, in order to establish a system of registration by which recorded title becomes absolute, indefeasible and imprescriptible, the legislature passed Act 496, otherwise known as the Land Registration Act, which took effect on February 1, 1903. 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. 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. 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. 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.
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is certificate of stewardship contract transferable