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. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. In a decision dated June 22, 1992, the Court of Appeals granted the petition and declared null and void the decision dated January 30, 1991 of the land registration court. 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. The petitioners in Gordula contended, however, that Proclamation No. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. 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. 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. 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. In case of assets which established through the project involving the CBFM-PO, the profit shall becoming subjected to the agrees benefit-sharing mechanisms. 2), all lands of the public domain belong to the State. %PDF-1.2 In 1903, the United States colonial government, through the Philippine Commission, passed Act No. 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. 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. 2. 285-287. ", 24 "Sec. 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. 6657 (Comprehensive Agrarian Reform law of 1988) states, "No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have delimited by law, the specific limits of the public domain.". 1 0 obj /Type /XObject ) or https:// means youve safely connected to the .gov website. 8), and 1987 Constitution (Art. 7. The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. ( On November 29, 1991, Bockasanjo ISF Awardees Association, Inc., an association of holders of certificates of stewardship issued by the Department of Environment and Natural Resources ("DENR" for brevity) under its Integrated Social Forestry Program ("ISF" for brevity), filed with the Court of Appeals a Motion for Leave to Intervene and to Admit Petition-In-Intervention. WHEREFORE, the Petition is DENIED. 269-A, LRC Rec. 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. Secure .gov websites use HTTPS At that time, the land, as part of the Caliraya-Lumot River Forest Reserve, was no longer open to private ownership as it has been classified as public forest reserve for the public good. There was a fraud case where some group of people tried to sell forestland under Certificates of Stewardship Contracts (CSCs) by means of &q Protocol Plate Number 1 is issued to the President 2 to the Vice President 3 to the Senate president 4 to the House speaker 5 to the Its the employees responsibility to follow the company policy including notice period on severance regardless of the reason. The 1935, 1973, 1987 Philippine Constitutions. The Court of Appeals granted the motion to intervene verbally during the preliminary conference held on April 6, 1992. Protection of watersheds is an "intergenerational" responsibility that needs to be answered now.". As a rule, intervention is allowed "before rendition of judgment by the trial court," as Section 2, Rule 19 expressly provides. x x x x x x x x x. Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas. Containing an area of three thousand seven hundred eighty (3,780) Hectares, more or less. With the exception of agricultural lands, all other natural resources shall not be alienated. Q 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. That report concluded as follows: "The Casile barangay covered by CLOA in question is situated in the heartland of both watersheds. 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. Subject area also falls within the bounds of Bagong Lipunan Site under P.D. A strict application of the rules would blur this bigger, far more important picture. 585 reads: AMENDING FURTHER EXECUTIVE ORDER NO. 26 Blacks Law Dictionary, 6th Ed., 1990. endobj Done in the City of Manila, this 18th day of April, in the year of Our Lord, nineteen hundred and seventy-seven. (Exhibit "K")."7. 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". 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). 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. 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. 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. ( However, the Court also recognized that: "The definition does not exactly depict the complexities of a watershed. "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. 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. The Court in Sta. Learn about successful local BLM projects implemented through stewardship contracting. She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. 8. 9. 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).". x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. 5 0 obj ( stream 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 The issues raised by petitioners are restated as follows: WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN REVERSING THE DECISION OF THE TRIAL COURT GRANTING THE APPLICATION OF THE PETITIONERS FOR CONFIRMATION OF TITLE; WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN GIVING DUE COURSE TO THE PETITION FOR ANNULMENT OF JUDGMENT FILED BY THE REPUBLIC LONG AFTER THE DECISION OF THE TRIAL COURT HAD BECOME FINAL; WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN GIVING DUE COURSE TO THE INTERVENORS PETITION FOR INTERVENTION WHICH WAS FILED OUT OF TIME OR LONG AFTER THE DECISION OF THE TRIAL COURT HAD BECOME FINAL. 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. 107764 October 4, 2002. The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. << 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. << It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. 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. 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). 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. The Court of Appeals explained thus: "Under the Regalian Doctrine, which is enshrined in the 1935 (Art. 1. During the preliminary conference, all the parties as represented by their respective counsels agreed that the only issue for resolution was whether the Lot in question is part of the public domain.8. 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. Websales documentation that demonstrates transfer of legal ownership from seller to buyer and relates to certified product. << The 1973 Constitution reiterated the Regalian doctrine in Section 8, Article XIV24 on the "National Economy and the Patrimony of the Nation". WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). /Contents 5 0 R WebThe DENR awarded Receipt of Stewardship Contracts in individuals. Section 4 (a) of RA No. In the BLM forestry program, Stewardship refers to the ability to trade forest products for land management and services. 1637 excluded Lot A (of which the Lot claimed by petitioners is part) for townsite purposes and reverted it to MWR coverage.34 Proclamation No. "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. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. 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. First Issue: whether petitioners have registrable title over the Lot. 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. /MediaBox [ 0 0 612 843 ] On this date, counsel for oppositors failed to appear again despite due notice. Forest lands, including watershed reservations, are excluded. We also hold that environmental consequences in this case override concerns over technicalities and rules of procedure. 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. 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. Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. Done in the City of Manila, this 21st day of June, in the year of Our Lord, nineteen hundred and seventy-four. The motion to intervene may be filed at any time before rendition of judgment by the trial court. 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. Section 48 (b) of CA 141, as amended, applies exclusively to alienable and disposable public agricultural land. It focuses on the insights 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 The evidence of record thus appears unsatisfactory and insufficient to show clearly and positively that the Lot had been officially released from the Marikina Watershed Reservation to form part of the alienable and disposable lands of the public domain. Share sensitive information only on official, secure websites. ( They insist that the land registration court had jurisdiction over the case which involves private land. ( IN WITNESS WHEREOF, I Have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. 41 Petitioners claim that the Solicitor General received a copy of the decision as early as February 18, 1991. 1283 promulgated on June 21, 1974 which established the Boso-boso Town Site Reservation, amended by Proclamation No. (Sgd.) Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. Their possession has been open, public, notorious and in the concept of owners. WebStewardship Users of financial reports need information to help them assess managements stewardship. 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). >> Stewardship projects are created through an open, collaborative process that involved local communities and interested organizations. 33 dated July 26, 1904 per Proclamation No. Davide, Jr., C.J., (Chairman), on official leave. General step 1. 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. Analysis of the problems and issues drawn from the interviews, including those taken from related reports on the ISFP revealed that stewardship can be a defensive land management strategy for the uplands, provided that similar bio-physical and socio-cultural condition exists. x x x.". Viewed under this legal and factual backdrop, did petitioners acquire, as they vigorously argue, private rights over the parcel of land prior to the issuance of EO 33 segregating the same as a watershed reservation? Current regulations allow the awarding of tenurial rights (25-year lease or forest management agreements issued by the DENR, i.e. JZJ (QE )i)~ (((@1K@%-@Z(aEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPE5Ai QE QE QE QE QE QE QE QE QE QE QE QE QE QE QF((((((((()=(&Pj#S= ^+<8?c zzTES4 Featured Projects Learn about successful local BLM projects implemented through stewardship contracting. Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. The Royal Decree of 1894 or the "Maura Law" partly amended the Mortgage Law as well as the Law of the Indies. WebStewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement.
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