Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. stream 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).". 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. No public land can be acquired by private persons without any grant, express or implied from the government; it is indispensable that there be a showing of a title from the state. 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. 1. 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 The Court of Appeals explained thus: "Under the Regalian Doctrine, which is enshrined in the 1935 (Art. Petitioners contend that their claim of ownership goes all the way back to 1902, when their known predecessor-in-interest, Sesinando Leyva, laid claim and ownership over the Lot. The most important product of a watershed is water which is one of the most important human necessit(ies). 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902.
RECOGNITION OF INDIVIDUAL PROPERTY 926 was that the land possessed and claimed by individuals as their own are agricultural lands and therefore alienable and disposable. 573 itself recognizes private rights of landowners prior to the reservation. stream Pasigarbo sa Larena Christmas Tree Decorating Contest-Season 3. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. Act 2874, the second Public Land Act, superseded Act No. >> Originally, Section 48(b) of CA 141 provided for possession and occupation of lands of the public domain since July 26, 1894. Petitioners further contend that town sites are considered alienable and disposable under CA 141. The Lot is situated in Barangay San Isidro (formerly known as Boso-boso), Antipolo, Rizal, and covered by Survey Plan Psu-162620. 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. The exceptions are some areas where CSC is not generally acceptable such as in the Cordilleras, in predominantly Muslim areas in Mindanao, and where there are existing petitions that lands currently occupied be released as alienable and disposable. 1637 reverted Lot A or the townsite reservation, where petitioners' Lot is supposedly situated, back to the MWR. 6. 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. SP No. 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 Their right to register the Lot is predicated mainly upon continuous possession since 1902. Time to intervene. There was an overwhelming sentiment in the Convention in favor of the principle of state ownership of natural resources and the adoption of the Regalian doctrine. ( 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. Secretary Factoran directed the Director of Forest Management Bureau to take steps for the segregation of the aforementioned area from the MWR for development under the DENRs ISF Programs.
Buying and Selling TDRs 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. Jurisdiction. ( They opine that it suffices if the claimant "had occupied and cultivated the property for so many number of years, declared the land for taxation purposes, [paid] the corresponding real estate taxes [which are] accepted by the government, and [his] occupancy and possession [is] continuous, open and unmolested and recognized by the government. 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.
CHECKLIST OF REQUIREMENTS - Department of 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. 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 More so, the introduction of earth disturbing activities like road building and erection of permanent infrastructures. 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. 1637 revised the area and location of the proposed townsite.
CONTRACT The 1987 Constitution reaffirmed the Regalian doctrine in Section 2 of Article XII25 on "National Economy and Patrimony". Case No. 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. All proceedings of the land registration court involving the Lot are therefore null and void. Their possession has been open, public, notorious and in the concept of owners. ( They also argue that the Republic is estopped from questioning the land registration courts jurisdiction considering that the Republic participated in the proceedings before the court.
Certificate of Title: Definition and Examples - Investopedia endobj 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. Containing an area of three thousand seven hundred eighty (3,780) Hectares, more or less. What is a condominium? According to then DENR Secretary Victor O. Ramos, Proclamation No.
Stewardship as an alternative to land ownership in the 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. WebThe DENR awarded Receipt of Stewardship Contracts in individuals.
REVISED PCSD ADMINISTRATIVE ORDER NO. 06 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 descriptions of the land embraced therein, subject to private rights, if any there be, which parcel of land is more particularly described as follows: A PARCEL OF LAND (Proposed Lungsod Silangan Townsite Reservation amending the area under SWO-41762 establishing the Bagong Silangan Townsite Reservation) situated in the Municipalities of Antipolo, San Mateo, and Montalban, Province of Rizal, Island of Luzon. An applicant for confirmation of imperfect title bears the burden of proving that he meets the requirements of Section 48 of CA 141, as amended. It prescribed rules and regulations for the homesteading, selling and leasing of portions of the public domain of the Philippine Islands, and prescribed the terms and conditions to enable persons to perfect their titles to public lands in the Islands. 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. XIII, Sec. 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. WebCertificate of Stewardship Certificate of Tree Plantation Ownership Rattan Cutting Contract Securing Export Authority for finished and Semi finished Wood products Cannot I transfer my license? Both the 1935 and 1973 Constitutions prohibited the alienation of all natural resources except agricultural lands of the public domain. G. R. No. Rosa Realty also recognized the need to protect watershed areas and took note of the report of the Ecosystems Research and Development Bureau (ERDB), a research arm of the DENR, regarding the environmental assessment of the Casile and Kabanga-an river watersheds involved in that case. %dhi9hklfrp25 /Length 8 0 R 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. 67. The law governed the disposition of lands of the public domain. Other Programs: Stewardship contracting is not a replacement for the BLMs established timber sale or grazing programs.
2 0 obj 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 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 (Heirs of Gumangan vs. Court of Appeals. 1283 on June 21, 1974. 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. This premier institution of higher learning was established in 1908 and is now a university system composed of eight constituent universities and one autonomous college spread throughout 17 campuses in the archipelago. Official websites use .gov It focuses on the insights 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. Mandatory Benefits Compliance Guide Table. >> 3. A strict application of the rules would blur this bigger, far more important picture. Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. Antipolo, Rizal; thence Due West 363.44 m. to point 2; thence Due West 1000.00 m. to point 3; thence Due West 100.00 m. to point 4; thence Due West 1000.00 m. to point 5; thence Due West 1075.00 m. to point 6; thence Due North 1000.00 m. to point 7; thence Due North 1000.00 m. to point 8; thence Due North 1000.00 m. to point 9; thence Due North 1000.00 m. to point 10; thence Due North 1000.00 m. to point 11; thence Due North 509.62 m. to point 12; thence S. 31 05 E 1025.00 m. to point 13; thence S 71 38 E 458.36 m. to point 14; thence S 43 25 E 477.04 m. to point 15; thence S 14 18 E 1399.39 m. to point 16; thence S 75 02 E 704.33 m. to point 17; thence S. 30 50 E 503.17 m. to point 18; thence S 40 26 E 1538.50 m. to point 19; thence s 33 23 e 1575.00 m to point of beginning. Has the 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.". x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. According to then DENR Secretary Victor Ramos, Proclamation No. 573 classified as inalienable. 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@" 12 "We, having acquired full sovereignty over the Indies, and all lands, territories, and possessions not heretofore ceded away by our royal predecessors, or by us, or in our name, still pertaining to the royal crown and patrimony, it is our will that all lands which are held without proper and true deeds of grants be restored to us according as they belong to us, in order that after reserving before all what to us or to our viceroys, audiencias, and governors may seem necessary for public squares, ways, pastures, and commons in those places which are peopled, taking into consideration not only their present condition, but also their future and their probable increase, and after distributing to the natives what may be necessary for tillage and pasturage, confirming them in what they now have and giving them more if necessary, all the rest of said lands may remain free and unencumbered for us to dispose as we may wish.". Even if they submitted sufficient proof that the Lot had been excluded from the MWR upon the issuance of Proclamation No. Secure .gov websites use HTTPS
DENR ADMINISTRATIVE ORDER NO - FAO 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. The following are the existing policies used as references in this index: The following are other existing policies related to CBFM and CS: The following are the policies related to CBFMA and CS that were repealed and/or amended: Frequently Asked Questions [link to document], Adopting Community-based Forest Management as the National Strategy to Ensure the Sustainable Development of the Countrys Forestlands Resources and Providing Mechanisms for Its Implementation, Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and Residual Forests and Creating the Anti-Illegal Logging Task Force, Production Sharing Agreement with Peoples Organization in the Harvest of Forest Plantations Owned by the Government Inside CBFM Areas, Exemption of Community Based Forest Management Projects from the Payment of Administrative Fees, Guidelines on the Establishment and Management of the CBFM Special Account, Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) within CBFM Areas, Revised Rules and Regulations for the Implementation of Executive Order 263, otherwise known as the Community-Based Forest Management Strategy (CBFMS), DENR Manual of Authorities on Technical Matters, Promoting Tree Plantation Development and Liberalizing Harvesting and Transport of Planted Trees and Tree Derivatives for Inclusive Growth and Sustainable Development, Enhanced Guidelines and Procedures in the Preparation/Updating of the Community Resource Management Framework (CRMF) and Five-Year Work Plan (FYWP) for the CBFMA, Approval/Affirmation of Community Resource Management Framework (CRMF) and Five-Year Work Plan (FYWP) for the CBFMA, Guidelines for the Affirmation of Community Resource Management Framework (CRMF) and Approval of Five-Year Work Plan (FYWP) of the Holders of Community-Based Forest Management Agreement (CBFMA), Integration of all the Community-based Forest Management Strategy and People-Oriented Forestry Programs and Projects into the DENR Regular Structure), DAO 1998-41: Guidelines on the Establishment of Community-based Forest Management (CBFM) Projects within Watershed Reservations, Amending DAO 98 Series of 1998 to include CBFMP under the Coverage of Program D of the Comprehensive Agrarian Reform Program (CARP) and the National Anti-Poverty Program, Operationalization of the CBFM Program at the Regional, PENR and CENR Offices, Test Implementation of the Project Impact Monitoring and Evaluation System (PRIMES) as Monitoring and Evaluation Guidelines for Community-Based Forest Management Program (CBFMP), Rules and Regulations for the Implementation of Executive Order No. 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. No. ( On the claim that the property applied for is within the Marikina Watershed, the Court can only add that all Presidential Proclamations like the Proclamation setting aside the Marikina Watershed are subject to "private rights.".