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. 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. 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. This technical description categorically stated that the Lot "is inside IN-12 Mariquina Watershed.". No. Hence, by constitutional fiat, natural resources remain to this day inalienable properties of the State. 1283, promulgated on June 21, 1974, which established the Boso-Boso Townsite Reservation, amended by proclamation No. This was superseded by RA 1942 which provided for a simple thirty-year prescriptive period of occupation by an applicant for judicial confirmation of an imperfect title. TDR Exchange. 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the contract shall remain in effect during the term of the agreement until its expiry date, unless otherwise modified, rescinded or Has the right to nominate his/her heir to the Stewardship Agreement, to facilitate orderly transfer upon death or incapacity or change of vocation of the CS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. ( ( 2. 585 for Integrated Social Forestry Program hence, L.R.C. 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. ANGELINA REYNOSO, bought the property from Gregorio Camantique by virtue of a Deed of Sale on 3 February 1958 (Exhibit "H"). 10 Issued by Governor Luke E. Wright pursuant to the provisions of Act Numbered Six Hundred and Forty-Eight (Act No. Its proper aim is to facilitate the application of justice to the rival claims of contending parties. Reviews will take place at least every 5 years. 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. Angelina Reynoso declared the property in her name under Tax Declaration No. 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). LR@ F)hV 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@" XII, Sec. Development of non-timber forest resources, Biodiversity utilization and conservation, Agroforestry (in areas identified as suitable for agriculture), Cutting of trees along gullies, steep slopes, river channels and other identified critical areas. He thus recommended the dismissal of the application for registration. Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). General step 1. ( They admitted that the land lies in the heart of the Caliraya-Lumot River Forest Reserve, which Proclamation No. ( 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. It required the "adjustment" or registration of all agricultural lands, otherwise the lands would revert to the state.15. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. 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. ( According to then DENR Secretary Victor Ramos, 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. Q 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. The Solicitor General sought the annulment of the decision on the ground that the land registration court had no jurisdiction over the case, specifically, over the Lot which was not alienable and disposable. The TDR Exchange makes it easy for TDR certificate holders (owners) and potential buyers (often Therefore, I do not guarantee and am not liable for the accuracy or completeness of any information provided herein or in any outcome, Certificates Stewardship Contract (CSC) of Forestland, Comprehensive Tax Reform Program (CTRP) rough schedule, Foreign ownership in real estate - Land Part II, Foreign ownership in real estate - Land Part I. No. endobj Population growth and industrialization have taken a heavy toll on the environment. WHEREFORE, the Petition is DENIED. The Lot was surveyed in the name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902. 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. >> 6. and where there are existing petitions that lands currently occupied be released as alienable and disposable. 7 0 obj 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"). "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. Basic Labor Code of the Philippines - Overtime, MIASCOR, Customs, Telco, PMPHI, Oil Price. Users of financial reports 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. Hence, the court again issued an order submitting the case for decision based on the evidence of the petitioners. >> Cannot I transfer my license? 4 Co-petitioners Bernardina Tawas, Joseto C. Torres, Jose Amo, Sergio L. Montealegre and Vicente C. Torres. They claim to have established their private rights to the subject land. No. << 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. % % means a document recognizing the Commissioners issuance of a Long-Term Stewardship Permit for the Facility. ( WebStewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. 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.) 269-A before the Regional Trial Court of Antipolo, Rizal. 648), Philippine Commission, an Act Authorizing the Civil Governor to reserve portions of the public domain for public uses. WebCertificate 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 The law governed the disposition of lands of the public domain. >> CORAZON C. AQUINOPresident of the Philippines", Pursuant to Proclamation No. 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. 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. Jurisdiction. 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. 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. Subsequently, then President Aquino issued Proclamation No. q 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. WebDefine Certificate of Stewardship. Accordingly, the court rendered a decision confirming the imperfect title of petitioners. 8. Forestry Development Center. 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. Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas. Buyers and sellers typically complete a Purchase and Sale Agreement. 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. 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. 439-440. They likewise opposed the registration and asserted that the Lot, which is situated inside the Marikina Watershed Reservation, is inalienable. 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. 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. Done in the City of Manila, this 21st day of June, in the year of Our Lord, nineteen hundred and seventy-four. Containing an area of one thousand two hundred twenty five (1,225) Hectares, more or less. 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. 8775 on 3 August 1965, under Tax Declaration 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. A lock ( endobj The facts show that petitioner Gordula did not acquire title to the subject land prior to its reservation under Proclamation No. N-191242 on April 4, 1986 in the name of Apolonia Garcia, et al., pursuant to the Decision and Order for Issuance of the Decree dated February 8, 1984 and March 6, 1984, respectively, and the remaining portion of plan Psu-162620 is inside IN-12, Marikina Watershed. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. The Lawphil Project - Arellano Law Foundation. %dhi9hklfrp25 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. 1), 1973 (Art. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. 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. ( 269-A, LRC Rec. Act 2874, the second Public Land Act, superseded Act No. The study also revealed such other problems as: continued opening/occupancy of forest areas not originally covered by the December 1981 cut-off date and those excluded in the ISFP, political interference, inadequate or lack of skilled manpower to provide technical assistance and related services to the CSC recipients. 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. 7182 issued on 3 February 1957 (Exhibit "I" and testimony of Mariano Leyva, supra). 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. 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. All income/proceeds derived from that land shall accrue to the CSV holder. 1998-45. 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. WebThe MSC prohibits any modification of part or all of the contents in any form. << The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. 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. 33 dated July 26, 1904 per Proclamation No. Case No. Download the BLM Stewardship Manual. Type of Benefits - Social Security System (SSS). No. DIOSDADO LEYVA, is the son of Sesinando Leyva, who inherited the property. ( ( ( Section 16. Site are non-transferable. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. It was created not to hinder and delay but to facilitate and promote the administration of justice. Alaska California Montana-Dakotas Indeed, all lands of the public domain as well as all natural resources enumerated in the Philippine Constitution belong to the State. It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. See Director, Lands Management Bureau vs. Court of Appeals, 324 SCRA 757 (2000). 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. "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. No. Certificate of Limited Partnership means the Certificate of Limited Partnership of the Partnership filed with the Secretary of State of the State of Delaware as referenced in Section 7.2, as such Certificate of Limited Partnership may be amended, supplemented or restated from time to time. This case has already claimed at least five lives due to the raging dispute between the rival camps of the petitioners on one side and those of the DENR awardees on the other. The respondent court could not have missed the import of these vital documents which are binding upon the courts inasmuch as it is the exclusive prerogative of the Executive Department to classify public lands. 4. CA 141, as amended, remains to this day as the existing general law governing the classification and disposition of lands of the public domain other than timber and mineral lands.17. However, the main thrust of petitioners claim over the Lot is that "all Presidential proclamations like the proclamation setting aside the Marikina Watershed Reservation are subject to private rights." On April 11, 1991, the Solicitor General inquired from the Provincial Prosecutor of Rizal whether the land registration court had already rendered a decision and if so, whether the Provincial Prosecutor would recommend an appeal. As a rule, intervention is allowed "before rendition of judgment by the trial court," as Section 2, Rule 19 expressly provides. 926 in 1919. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. 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. This verification is made upon the request of the Chief, Legal Staff, R-4 as contained in his internal memorandum dated March 18, 1986. 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? All other lands covered and embraced under Executive Order No. 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. Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. 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. ( Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. 1 Filed under both Rules 45 and 65 of the Rules of Court. 15856 in the name of petitioners may be attacked at any time, either directly or collaterally, by the State which is not bound by any prescriptive period provided for by the Statute of Limitations.". 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 8. Subject area also falls within the bounds of Bagong Lipunan Site under P.D. Verily, petitioners have not possessed the parcel of land in the manner and for the number of years required by law for the confirmation of imperfect title. (Sgd.) Time to intervene. The court later set aside the order and reset the hearing to January 14, 1991 for the presentation of the evidence of the oppositors. The Court of Appeals granted the motion to intervene verbally during the preliminary conference held on April 6, 1992. Collaborative Action and Dispute Resolution, Eastern Oregon and Washington Timber Sales. /Subtype /Image 269-A. Intervenors counsel received a copy of the decision on August 9, 1991. 2. Petitioners contend that Proclamation No. Among those awarded were intervenors. ( 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. He declared the property for tax purposes, the latest of which was under Tax Declaration No. (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@a *{pBES,( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (6l%qs@ ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( QE QE QE QE QE QE QE QE RE Z(E7Rn)aCRn(:P;SA=sHIKI@Q@EPEP0( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( J ( ( ( ( ( ( ( Kp; ZT#Fs$x O%QE 4 0 obj To remove all doubts, the Convention approved the provision in the Constitution affirming the Regalian doctrine.". Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. 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. Petitioners fault the Court of Appeals for giving due course to the Republics petition for annulment of judgment which was filed long after the decision of the land registration court had allegedly become final and executory. The same, however, has already been amended by Presidential Decree No. The delegates to the Constitutional Convention very well knew that the concept of State ownership of land and natural resources was introduced by the Spaniards, however, they were not certain whether it was continued and applied by the Americans. /ColorSpace /DeviceRGB 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. The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. 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. 98 - 45 "Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas" Department of Environment and Natural Resources, June 24, 1998 Presidential Executive Order 263 Series of 1995. 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). 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. (Sgd) ARMENDO R. CRUZSupervising Cartographer, (Sgd) LUIS G. DACANAYChief, Forest Engineering & Infrastructure Section". 2004-29; DENR Administrative Order No. 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. Bounded on the E., along lines 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23 by the Marikina Watershed Reservation (IN-12); on the S., along lines 23-24-25 by the portion of Antipolo; on the W., along lines 25-26-27-28-29-30 by the Municipalities of Montalban, San Mateo; and on the N., along lines 30-31-32-33-34-35-36-37-38-39-40-41-42-43-44 by the Angat Watershed Reservation. 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. 33 dated July 2, 1904 which established the Marikina Watershed Reservation (IN-12) x x x. Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.11 The Spaniards first introduced the doctrine to the Philippines through the Laws of the Indies and the Royal Cedulas, specifically, Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias12 which laid the foundation that "all lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain. On this date, counsel for oppositors failed to appear again despite due notice. 1073, approved on January 25, 1977, the law prevailing at the time petitioners application for registration was filed on April 25, 1985.30 As amended, Section 48 (b) now reads: "(b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title, except when prevented by wars or force majeure.
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