Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. First Issue: whether petitioners have registrable title over the Lot. Their possession has been open, public, notorious and in the concept of owners. Degradation of the land would have double edge detrimental effects. << Section 16. The CBFM strategy recognizes the individual rights of occupancy through the granting of the Certificate of Stewardship (CS). 8. 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 Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory claims. However, the Court has recognized exceptions to this rule in the interest of substantial justice. What's The: Certificates Stewardship Contract (CSC) of During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. 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. 107764 October 4, 2002. 33 ("EO 33" for brevity) dated July 26, 190410 established the Marikina Watershed Reservation ("MWR" for brevity) situated in the Municipality of Antipolo, Rizal. Buyers and sellers typically complete a Purchase and Sale Agreement. However, the Court also recognized that: "The definition does not exactly depict the complexities of a watershed. The protection of watershed ensures an adequate supply of water for future generations and the control of flashfloods that not only damage property but also cause loss of lives. %PDF-1.2 The possession of public land, however long the period may have extended, never confers title thereto upon the possessor because the statute of limitations with regard to public land does not operate against the State, unless the occupant can prove possession and occupation of the same under claim of ownership for the required number of years to constitute a grant from the State. ". Done in the City of Manila, this 21st day of June, in the year of Our Lord, nineteen hundred and seventy-four. 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. 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. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. ( 18 Noblejas & Noblejas, Registration of Land Titles and Deeds, 1992 Ed. It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. Co-owners DIOSDADO ARENOS, RODRIGO TUTANA, CHONA MARCIANO and AMELIA MALAPAD jointly sold their shares to new OWNERS GLORIA R. SERRANO, IMELDA CAYLALUAD, NORBERTO CAMILOTE and FIDELITO ECO through a Deed of Sale dated 18 January 1987 (Exhibit "T" to "T-9")."6. (Testimony of Mariano Leyva, supra). Time to intervene. x x x           x x x           x x x. 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). 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. Certificate of Stewardship | PENRO Occidental Mindoro 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. Second, assuming that the Lot was alienable and disposable land prior to the issuance of EO 33 in 1904, EO 33 reserved the Lot as a watershed. endobj Certificate of Amendment has the meaning set forth in Section 2.1(a) of this Agreement. /Name /Im1 1283 on June 21, 1974. means a document recognizing the Commissioners issuance of a Long-Term Stewardship Permit for the Facility. 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. 573. 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. /Producer () 16945 on 15 December 1975, and under Tax Declaration No. Note: All data are approximate and subject to change based on future survey. 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. TDR Exchange. 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. 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. 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. 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. Stewardship as an alternative to land ownership in the Philippine uplands, Philippines Univ., Los Banos, College, Laguna (Philippines). 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. 926 in 1919. The rationale for the 30-year period lies in the presumption that the land applied for pertains to the State, and that the occupants and/or possessors claim an interest therein only by virtue of their imperfect title or continuous, open and notorious possession.". 6. The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. According to intervenors, they are the actual occupants of the Lot which petitioners sought to register. ( Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. In Director of Lands vs. Reyes, we held that a settler claiming the protection of "private rights" to exclude his land from a military or forest reservation must show "x x x by clear and convincing evidence that the property in question was acquired by [any] x x x means for the acquisition of public lands. vs. Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. CONTRACT Containing an area of three thousand seven hundred eighty (3,780) Hectares, more or less. 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. << Stewardship Contracting 1396 dated June 2, 1978 under the sole jurisdiction of the Ministry of Human Settlements, to the exclusion of any other government agencies. Finally, it is of no moment if the areas of the MWR are now fairly populated and vibrant communities as claimed by petitioners. WebCertificate of Stewardship Contract (CSC), is awarded to individuals or families occupying or tilling portions of forestland, for up to a maximum of 5 ha, and has 25 plus 25 years duration. Originally, Section 48(b) of CA 141 provided for possession and occupation of lands of the public domain since July 26, 1894. They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. The Court remanded the case to the Department of Agriculture and Adjudication Board or DARAB to re-evaluate and determine the nature of the parcels of land involved in order to resolve the issue of its coverage by the CARL. THE Provincial Environment and Management Office (Pemo) reminded farmers in Negros Occidental who are holders of certificate of stewardship contract (CSC) to follow the rules and guidelines to continue availing the privilege given by DIOSDADO LEYVA, is the son of Sesinando Leyva, who inherited the property. ( 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). Secure .gov websites use HTTPS Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. The law governed the disposition of lands of the public domain. The Court of FERDINAND E. MARCOSPresident of the Philippines", A positive act (e.g., an official proclamation) of the Executive Department is needed to declassify land which had been earlier classified as a watershed reservation and to convert it into alienable or disposable land for agricultural or other purposes.35 Unless and until the land classified as such is released in an official proclamation so that it may form part of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.36. First. FERDINAND E. MARCOSPresidentRepublic of the Philippines". (DENR Administrative Order No. 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. (Sgd.) 765 dated October 26, 1970, which covered areas entirely within the herein Lungsod Silangan Townsite, is hereby revoked accordingly. 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). ( WebThe negotiable instrument, which is essentially a document embodying a right to the payment of money and which may be transferred from person to person, developed historically from efforts to make credit instruments transferable; that is, documents proving that somebody was in their debt were used by creditors to meet their own liabilities. 8), and 1987 Constitution (Art. PO Resolution with attached Census of forest land occupants; Agreed rights and responsibilities of CS holders; Individual application for CS of prospective beneficiaries; community map of the area showing the parcels actually occupied, properly numbered and validated in the general meeting. 1637 dated April 18, 1977 known as Lungsod Silangan Townsite Reservation. The Court resolved the issue of whether the parcel of land which the Department of Environment and Natural Resources had assessed to be a watershed area is exempt from the coverage of RA No. contract is signed for the audit. 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. 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. ( 4. 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. Legal Considerations for Stewardship Funding Petitioners declared the Lot for taxation purposes and paid all the corresponding real estate taxes. 98-45). ( It describes and analyzes stewardship as an alternative to absolute land ownership on two perspectives: the welfare of the people and the condition of the land and forest resources. The facts show that petitioner Gordula did not acquire title to the subject land prior to its reservation under Proclamation No. 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902. 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. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. Web5.4 Subcontractors, transport and contract processing 5.5 17Non-conforming product 5.6 Requests for traceability and supply chain assurance 5.7 Specific requirements for under-assessment product 205.8 Specific requirements on forced and child labour 7 11 13 13 15 17 18 19 Marine Stewardship Council ( A parcel of land (Lot B of Proposed Poor Mans Baguio, being a portion of alienable and disposable portion of public domain) situated in the municipality of Antipolo, Province of Rizal, Island of Luzon. 23 "Sec. endobj 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. MSC General Certification Requirements WebStewardship Users of financial reports need information to help them assess managements stewardship. >> Petitioners argue that the remedy of annulment of judgment is no longer available because it is barred by the principle of res judicata. According to intervenors, they learned only on July 31, 1991 about the pendency of LRC Case No. 1637 revised the area and location of the proposed townsite. Considering that the people have little if no direct interest in the protection of the Matangtubig structures they couldnt care less even if it would be destroyed. 26 Blacks Law Dictionary, 6th Ed., 1990. Any changes in ownership require a new application along with the non-refundable licensing fee. All income/proceeds derived from that land shall accrue to the CSV holder. In other words, it is a means to an end.". Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. 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. Toward this, we hope that an acceptable comprehensive watershed development policy and program be immediately formulated and implemented before the irreversible damage finally happens.". No. Issuance of Permit, Licenses, ECC Lease Agreements and Other Similar Instruments by permitting agencies. 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. Even if they submitted sufficient proof that the Lot had been excluded from the MWR upon the issuance of Proclamation No. Among those awarded were intervenors. 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.". /Type /XObject No. Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. 2. 2. 7. As a rule, intervention is allowed "before rendition of judgment by the trial court," as Section 2, Rule 19 expressly provides. ( The Court of Appeals explained thus: "Under the Regalian Doctrine, which is enshrined in the 1935 (Art. endstream 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 Licenses are non-transferable. 8. 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 In the BLM forestry program, Stewardship refers to the ability to trade forest products for land management and services. WebCongress permanently authorized stewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. 36 Heirs of Amunategui vs. Director of Forestry, 126 SCRA 69 (1983). >> Bureau of Land Management G.R. No. 173606 - Lawphil 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. No. Both the 1935 and 1973 Constitutions prohibited the alienation of all natural resources except agricultural lands of the public domain. x x x.". } !1AQa"q2#BR$3br Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding 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. Rosa Realty gives us a glimpse of the dangers posed by the misuse of natural resources such as watershed reservations which are akin to forest zones. /Subtype /Image ( 2 of certificate of Title No. 1 0 obj The Solicitor General maintained that the decision was null and void. 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 Moreover, petitioners further point out that the Solicitor General filed the petition for annulment after the land registration court issued its order of May 6, 1991 directing the Land Registration Authority to issue the corresponding decree of registration. MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). 585 reads: AMENDING FURTHER EXECUTIVE ORDER NO. 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. 129 on the ground that there had been no clear showing that the Lot had been previously classified as alienable and disposable making it subject to private appropriation. 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. No. A parcel of land described in plan Psu-162620 situated in the Barrio of San Isidro, Municipality of Antipolo, Province of Rizal, is applied for registration of title in the case at bar. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. 12942 only on August 6, 1991, after the decision had supposedly become final and executory. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. 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). 1998-45. It does not constitute the thing itself which courts are always striving to secure to litigants. ANO PO BA ANG CERTIFICATE OF STEWARDSHIP (CS)? ", 25 "Sec. 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. There is no dispute that Executive Order No. Ito po ay binibigay ng gobyerno, sa pangangasiwa ng DENR, sa mga indibidwal o pamilya na 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. In the case at bar, the private respondents failed to present any evidence whatsoever that the land applied for as described in Psu-162620 has been segregated from the bulk of the public domain and declared by competent authority to be alienable and disposable. This Petition1 seeks to set aside the Decision of the Court of Appeals,2 dated June 22, 1992, in CA-G.R. No. No. According to them, there are now twenty-five co-owners in pro-indiviso shares of five hectares each. 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 letter states: "That the land sought to be registered is situated at San Isidro (Boso-boso), Antipolo, Rizal, with an area of ONE HUNDRED TWENTY SIX POINT ZERO SEVEN SIXTY SIX (126.0766) hectares, more particularly described in Psu-162620, which is within the Marikina Watershed Reservation under Executive Order No. 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. Stewardship Credits: As service work is completed, an equal amount of credit toward removal of forest The SEP Clearance may be transferred as long as a document shall be submitted showing the transfer of ownership, operating agreements or rights over the project. ( Current regulations allow the awarding of tenurial rights (25-year lease or forest management agreements issued by the DENR, i.e. WHEREFORE, the Petition is DENIED. "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. 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. Needless to say, a final judgment may be annulled on the ground of lack of jurisdiction, fraud or that it is contrary to law (Panlilio vs. Garcia, 119 SCRA 387, 391) and a decision rendered without jurisdiction is a total nullity and may be struck down at any time (Suarez vs. Court of Appeals, 186 SCRA 339)."9. They should have forewarned the respondent judge from assuming jurisdiction over the case. ANO PO BA ANG CERTIFICATE OF - Villamar Law "Forest lands" do not have to be on mountains or in out of the way places. ( Learn more about the Philippine government, its structure, how government works and the people behind it. 28 R.A. No. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 573, should not be interpreted as requiring a title. N-9578, LRC Record No. All other lands covered and embraced under Executive Order No. 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). 2004-29; DENR Administrative Order No. After plotting plan Psu-162620 in our Municipal Index Map it was found that a portion of the SW, described as Lot 3 in plan Psu-173790 was previously the subject of registration in Land Reg. He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. Accordingly, the court rendered a decision confirming the imperfect title of petitioners. Proclamation No. With the exception of agricultural lands, all other natural resources shall not be alienated. 765 DATED OCTOBER 26, 1970 THAT RESERVED PORTIONS OF THE AREA AS RESETTLEMENT SITE. Stewardship 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. 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.
Joie Chavis Before, Articles I