No. 1283, promulgated on June 21, 1974, which established the Boso-Boso Townsite Reservation, amended by proclamation 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. (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 8. 1637 dated April 18, 1977 known as the Lungsod Silangan Townsite Reservation. Download the BLM Stewardship Manual. << CADC or Certificate of Ancestral Land Claim (CALC), applies to holders of these claims who opt to enter a CBFMA covering a forested portion of their claim. 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. 7. 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. 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. Q This technical description categorically stated that the Lot "is inside IN-12 Mariquina Watershed.". Any title to the Lot is void ab initio. q Share sensitive information only on official, secure websites. Proclamation No. It is axiomatic that the possession of forest lands or other inalienable public lands cannot ripen into private ownership. /Pages 3 0 R 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. 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. The Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory claims. 8, Application; Emphasis supplied). 36 Heirs of Amunategui vs. Director of Forestry, 126 SCRA 69 (1983). ( The Court said: "It should be noted further that the doctrine of estoppel or laches does not apply when the Government sues as a sovereign or asserts governmental rights, nor does estoppel or laches validate an act that contravenes law or public policy, and that res judicata is to be disregarded if its application would involve the sacrifice of justice to technicality. 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. All content is in the public domain unless otherwise stated. They claimed that they are the actual occupants of the Lot pursuant to the certificates of stewardship issued by the DENR under the ISF for tree planting purposes. ", 24 "Sec. ( Prescription, both acquisitive and extinctive, does not run against the State. /Filter [ /DCTDecode ] 612 0 0 843 0 0 cm XIV, Sec. 30 >> 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. /Contents 5 0 R No. A lock ( A .gov website belongs to an official government organization in the United States. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. 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. Licenses are non-transferable. 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 From these watersheds come the natural God-given precious resource water. Petitioners assert that Lot Psu-162620 is a small part of this excluded town site area. 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. 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. These are covered with Certificate of Stewardship; B. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. 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. "40, Second Issue: Whether the petition for annulment of judgment. My licensed expired. According to intervenors, they learned only on July 31, 1991 about the pendency of LRC Case No. 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. WebCertificate of Stewardship Contract (CSC) and duly signed by the issuing authority; and 5. The Royal Decree of 1894 or the "Maura Law" partly amended the Mortgage Law as well as the Law of the Indies. ANO PO BA ANG CERTIFICATE OF STEWARDSHIP (CS)? 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.". 585 reads: AMENDING FURTHER EXECUTIVE ORDER NO. 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. 33 dated July 26, 1904 per Proclamation No. 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. ", 25 "Sec. ( Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. 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 1987 Constitution readopted this policy. 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. EXCLUDING FROM THE OPERATION EXECUTIVE ORDER NO. (Sgd.) Originally, Section 48(b) of CA 141 provided for possession and occupation of lands of the public domain since July 26, 1894. 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. 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. After the passage of the 1935 Constitution, Commonwealth Act No. This Petition1 seeks to set aside the Decision of the Court of Appeals,2 dated June 22, 1992, in CA-G.R. Act 2874, the second Public Land Act, superseded Act No. 141 ("CA 141" for brevity) amended Act 2874 in 1936. Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. DENR Administrative Order No. 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. They claim that the presumption of law then prevailing under the Philippine Bill of 1902 and Public Land Act No. 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. "x x x cannot be acquired by acquisitive prescription. 269-A, LRC Rec. 172 SCRA 563; Emphasis supplied). ( 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. All income/proceeds derived from the land shall accrue to the CS holder. x x x x x x x x x. Congress permanently authorizedstewardship contracting through the 2014 Farm Bill, ensuring that the BLM will always have this valuable tool available. 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. 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. ( /BitsPerComponent 8 141, as amended, is enough to vest upon petitioner Gordula the "private rights" recognized and respected in 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. 33, which established the Marikina Watershed Reservation, certain parcel of land of the public domain embraced therein situated in Sitios Bosoboso, Veterans, Kilingan and Barangay San Joseph and Paenaan, Municipality of Antipolo, Province of Rizal and place the same under the Integrated Social Forestry Program of the Department of Environment and Natural Resources in accordance with existing laws, rules and regulations, which parcel of land is more particularly described as follows: "A PARCEL OF LAND, within the Marikina Watershed Reservation situated in the Municipality of Antipolo, Province of Rizal, beginning at point "1" on plan, being identical to corner 1 of Marikina Watershed Reservation; thence. JFIF LEAD Technologies Inc. V1.01 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 He thus recommended the dismissal of the application for registration. Worse, the technical description of Psu-162620 signed by Robert C. Pangyarihan, Officer-in-Charge, Survey Division, Bureau of Lands, which was attached to the application of private respondents, categorically stated that "This survey is inside IN-12 Mariquina Watershed."". ( Done in the City of Manila, this 18th day of April, in the year of Our Lord, nineteen hundred and seventy-seven. 10 Issued by Governor Luke E. Wright pursuant to the provisions of Act Numbered Six Hundred and Forty-Eight (Act No. The petitioners in Gordula contended, however, that Proclamation No. 573 in June, 1969. 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. 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. The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. 11 Republic vs. Sayo, 191 SCRA 71 (1990). ( 2. Hence, by constitutional fiat, natural resources remain to this day inalienable properties of the State. Petitioners argue that the remedy of annulment of judgment is no longer available because it is barred by the principle of res judicata. Petitioners contend that Proclamation 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. >> Users of financial reports 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 23 "Sec. Unless and until the land classified as "forest" is released in an official proclamation to that effect 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. 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. ( ( 33 dated July 26, 1904, as amended by Executive Orders Nos. 03-06145 on 25 June 1978. /Subtype /Image Pasigarbo sa Larena Christmas Tree Decorating Contest-Season 3. 285-287. Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable. 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. 1), 1973 (Art. It is obvious, based on the facts on record that neither petitioners nor their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the Lot for at least thirty years immediately preceding the filing of the application for confirmation of title. /Parent 3 0 R Prepared for the Office of the United States Agency for International Development (USAID) under Contract Number 492-0444-C-00-5073-00 7182 issued on 3 February 1957 (Exhibit "I" and testimony of Mariano Leyva, supra). 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. WebStewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. Certificate of Amendment has the meaning set forth in Section 2.1(a) of this Agreement. ( 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. The motion to intervene may be filed at any time before rendition of judgment by the trial court. 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." 648), Philippine Commission, an Act Authorizing the Civil Governor to reserve portions of the public domain for public uses. Featured Projects Learn about successful local BLM projects implemented through stewardship contracting. Toward this, we hope that an acceptable comprehensive watershed development policy and program be immediately formulated and implemented before the irreversible damage finally happens.". It's a privately held company. Certificate of Stewardship Contract (CSC), Community-Based Forest Management Agreements or CBFMAs, and Protected Area Community-Based Resource Management Agreement or (PACBRMA) on portions of forest land for qualified occupants. It was created not to hinder and delay but to facilitate and promote the administration of justice. The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. 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. "Forest lands" do not have to be on mountains or in out of the way places. 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 hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. The 1935, 1973, 1987 Philippine Constitutions. 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@"
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