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. It was created not to hinder and delay but to facilitate and promote the administration of justice. 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. 9 0 obj 285-287. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable. 1637 revised the area and location of the proposed townsite. /Length 8 0 R 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. No. 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. N-59179, confirming the imperfect title of petitioners over a parcel of land. ( 573 itself recognizes private rights of landowners prior to the reservation. 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. Upon recommendation of the Secretary of Agriculture and Natural Resources and pursuant to the authority vested in me by law, I, FERDINAND E. MARCOS, President of the Philippines, do hereby, exclude from the operation of Executive Order No. In Sta. They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. 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. 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. ( See Director, Lands Management Bureau vs. Court of Appeals, 324 SCRA 757 (2000). Locations and boundaries of reported plantations established from 1995 to 1997 cannot be located on the ground by the team neither by the representative of the IFMA holder who accompanied the validating team; and C. No plantation was established during CY 1998. Featured Projects Learn about successful local BLM projects implemented through stewardship contracting. %PDF-1.2 This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). /MediaBox [ 0 0 612 843 ] endobj They admitted that the land lies in the heart of the Caliraya-Lumot River Forest Reserve, which Proclamation No. 8), and 1987 Constitution (Art. 5. ( A lock ( x x x Even assuming that petitioners did have the said properties surveyed even before the same was declared to be part of the Busol Forest Reservation, the fact remains that it was so converted into a forest reservation, thus it is with more reason that this action must fail. } !1AQa"q2#BR$3br 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. 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. Valid certificate: A certificate that is not 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? 573 in June, 1969. An imperfect title may have been derived from old Spanish grants such as a titulo real or royal grant, a concession especial or special grant, a composicion con el estado or adjustment title, or a titulo de compra or title through purchase.29 Or, that he has had continuous, open and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of ownership for at least thirty years preceding the filing of his application as provided by Section 48 (b) CA 141. 33 dated July 26, 1904 per Proclamation No. The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. 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). 42 Sec. /XObject << 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. 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. /Subtype /Image Site are non-transferable. 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. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. /BitsPerComponent 8 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.". ( Has the 41 Petitioners claim that the Solicitor General received a copy of the decision as early as February 18, 1991. The facts show that petitioner Gordula did not acquire title to the subject land prior to its reservation under Proclamation No. Hence, the judgment of the Court of First Instance of Pampanga as regards the Lot No. ( FERDINAND E. MARCOSPresidentRepublic of the Philippines". General step 1. 765 dated October 26, 1970, which covered areas entirely within the herein Lungsod Silangan Townsite, is hereby revoked accordingly. 926, the first Public Land Act, which was described as follows: "Act No. The intent of stewardship is to improve, maintain, or restore forest or rangeland health; restore or maintain water quality; improve fish and wildlife habitat and reduce danger from wildfires. ( The Court ruled: "We do not agree. CORAZON C. AQUINOPresident of the Philippines", Pursuant to Proclamation No. stream This agreement becomes an integral part of the Certificate of Stewardship. /Resources << A strict application of the rules would blur this bigger, far more important picture. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. 8, Application; Emphasis supplied). 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. ( ( Comments will be considered as part of the next review process. Attached to the application was the technical description of the Lot as Lot Psu-162620 signed by Robert C. Pangyarihan, Officer-in-Charge of the Survey Division, Bureau of Lands, which stated, "[t]his survey is inside IN-12 Mariquina Watershed." Users of financial reports ( It required the "adjustment" or registration of all agricultural lands, otherwise the lands would revert to the state.15. Can I operate? Subsequently, then President Aquino issued Proclamation No. 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 University of the Philippines (UP) is the countrys national university. 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. And courts are without jurisdiction to adjudicate lands within the forest zone. Stewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. On this date, counsel for oppositors failed to appear again despite due notice. ( They conclude that private rights were vested on Sesinando Leyva before the issuance of EO 33, thus excluding the Lot from the Marikina Watershed Reservation. It is only issued within established CBFM project with CBFMA, subject to the decision and recommendation of the PO. Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution. 2. >> 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. 585 dated June 5, 1990 excluding 1,430 hectares from the operation of EO 33 and placed the same under the DENRs Integrated Social Forestry Program. 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. 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 As a rule, intervention is allowed "before rendition of judgment by the trial court," as Section 2, Rule 19 expressly provides. WebThe Marine Stewardship Council (MSC) is responsible for these requirements. Share sensitive information only on official, secure websites. JFIF LEAD Technologies Inc. V1.01 endobj (Testimony of Mariano Leyva, supra). ) or https:// means youve safely connected to the .gov website. 6 0 obj Act 496 placed all registered lands in the Philippines under the Torrens system.18 The Torrens system requires the government to issue a certificate of title stating that the person named in the title is the owner of the property described therein, subject to liens and encumbrances annotated on the title or reserved by law. 33 dated July 26, 1904 per Proclamation No. 612 0 0 843 0 0 cm 16945 on 15 December 1975, and under Tax Declaration No. Alaska California Montana-Dakotas Among those awarded were intervenors. ( "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. The Court of WebThe DENR awarded Receipt of Stewardship Contracts in individuals. (Exhibit "K")."7. Ito po ay binibigay ng gobyerno, sa pangangasiwa ng DENR, sa mga indibidwal o pamilya na %dhi9hklfrp25 Petitioners arguments find no basis in law. 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. Petitioners case falters even more because of the issuance of Proclamation 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. /Parent 3 0 R There are not much information since they are not yet listed in PSE. 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.". Its proper aim is to facilitate the application of justice to the rival claims of contending parties. Any title to the Lot is void ab initio. Websales documentation that demonstrates transfer of legal ownership from seller to buyer and relates to certified product. 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. During the hearings, petitioners submitted evidence to prove that there have been nine transfers of rights among them and their predecessors-in-interest, as follows: "1. advantages and disadvantages of bubbler irrigation, dutch heritage fabrics usa,