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 2. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. /ColorSpace /DeviceRGB May avail of assistance provided by other government and non-government organizations, Develop and utilize their allocated land consistent with sound ecological practices in accordance with the approved plans of the CBFM-PO, Assist in the conduct of parcellay survey and delineation of boundaries, Formulate farm plan and participate in the preparation of the CBFMA Five-Year Work Plan (FYWP), Protect and conserve forest growth both within the CBFMA area and those areas adjacent thereto from unauthorized activities, Preserve monuments and other landmarks indicating corners and outline of boundaries of individual property rights, Has the priority right to sub-lease from the Peoples Organization to which the CS holder is a member, portions within the CBFMA areas that are adjacent to or near the land covered by the CS, Follow forest and environmental laws, policies, rules and regulations (e.g., EO 23, easement, etc. Follow guidelines, CSC farmer-holders told - SUNSTAR 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. 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. 2. Vitug, and Ynares-Santiago, JJ., concur. Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. 269-A. 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. 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. 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. The Republic of the Philippines, through the Solicitor General, and the Municipality of Antipolo, through its Municipal Attorney and the Provincial Fiscal of Rizal, filed oppositions to petitioners application. A strict application of the rules would blur this bigger, far more important picture. ( stream Mago vs. Court of Appeals48 reiterated the ruling in Director of Lands vs. Court of Appeals, where the Court allowed the motions for intervention even when the case had already reached this Court. ( ", The Court further held that "the right of reversion or reconveyance to the State of the public properties registered and which are not capable of private appropriation or private acquisition does not prescribe.". << 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. The court later set aside the order and reset the hearing to January 14, 1991 for the presentation of the evidence of the oppositors. He had the property resurveyed in his name on May 21-28, 1928 (Exhibit "X" and "X-1"; testimony of Mariano Leyva, a son of Diosdado Leyva). 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. 35 Republic vs. Court of Appeals, 201 SCRA 1 (1991). 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. 1637 dated April 18, 1977 known as Lungsod Silangan Townsite Reservation. 1), 1973 (Art. 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. All content is in the public domain unless otherwise stated. Even if they submitted sufficient proof that the Lot had been excluded from the MWR upon the issuance of Proclamation No. Act 2874, the second Public Land Act, superseded Act No. Proclamation No. /XObject << 765 DATED OCTOBER 26, 1970 THAT RESERVED PORTIONS OF THE AREA AS RESETTLEMENT SITE. Learn about successful local BLM projects implemented through stewardship contracting. endobj PO Resolution requesting the DENR through the CENRO for the issuance of the CS with the following attachments: Community Environment and Natural Resources Office (CENRO), Actual tillers or cultivators of the land to be allocated, Member of the Peoples Organization which was granted a CBFM area subject to the CS application, Willing to develop the land as well as participate in CBFM activities, Not a previous holder of CS that was cancelled for a cause, Agreement on the rights and responsibilities of CS holders, Individual application for CS of prospective beneficiaries, duly endorsed by the PO head, Community map (parcellary map) of the area showing parcels actually occupied and/or cultivated by individual families, properly numbered, and validated in the general meeting, Possess, occupy, develop, protect, manage and utilize forestlands and its resources in accordance with the ratified CRMF, and appropriate methods and practices, and such other rights as may be granted by law. 10 0 obj 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. TDR Exchange. These are covered with Certificate of Stewardship; B. It also provided for the "issuance of patents to certain native settlers upon public lands," for the establishment of town sites and sale of lots therein, for the completion of imperfect titles, and for the cancellation or confirmation of Spanish concessions and grants in the Islands." ", 24 "Sec. 3. ( 1396 dated June 2, 1978 under the sole jurisdiction of the Ministry of Human Settlements, to the exclusion of any other government agencies. << Current regulations allow the awarding of tenurial rights (25-year lease or forest management agreements issued by the DENR, i.e. There is no dispute that Executive Order No. Site are non-transferable. /Length 10 0 R 585 for Integrated Social Forestry Program hence, L.R.C. During the ownership of the property by Angelina Reynoso, Mariano Leyva the grandson of Sesinando Leyva, the previous owner, attended to the farm. Alaska California Montana-Dakotas An inspection must also be completed and compliant before the new owner can start operating the business. However, the Provincial Prosecutor failed to answer the query. Download the BLM Stewardship Manual. 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.". Users of financial reports An official website of the United States government. 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. 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. Since then, the Lot became non-disposable and inalienable public land. Rosa Realty Development Corp. vs. Court of Appeals, et al.,27 the Court had occasion to discourse on watershed areas. 9. 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. R). On August 8, 1991, they filed a Motion for Leave to Intervene and to Admit Opposition in Intervention before the land registration court to assert their rights and to protect their interests. 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."". MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). 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. ( ( >> 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. What is a condominium? They should have forewarned the respondent judge from assuming jurisdiction over the case. 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. 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. Stewardship Credits: As service work is completed, an equal amount of credit toward removal of forest 648), Philippine Commission, an Act Authorizing the Civil Governor to reserve portions of the public domain for public uses. endobj endobj Reviews will take place at least every 5 years. 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. It is axiomatic that the possession of forest lands or other inalienable public lands cannot ripen into private ownership. 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. 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. Mandatory Benefits Compliance Guide Table. 33 dated July 26, 1904, as amended by Executive Orders Nos. 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. 4 0 obj When development rights are sold, a new certificate must be issued in the name of the new owner and the documents must be recorded with the County. 42 Sec. The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. SP 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. DENR ADMINISTRATIVE ORDER NO. 2004-29 No. 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. 03-06145 on 25 June 1978. 33 ("EO 33" for brevity) dated July 26, 190410 established the Marikina Watershed Reservation ("MWR" for brevity) situated in the Municipality of Antipolo, Rizal. "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. 1283 has since been amended by Proclamation No. Protection of watersheds is an "intergenerational" responsibility that needs to be answered now.". 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. Their right to register the Lot is predicated mainly upon continuous possession since 1902. ( 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. It shall recommend policies and programs towards the achievement of sustainable forest management, based on science and principles of good forest governance. 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. A The 1987 Constitution readopted this policy. ANO PO BA ANG CERTIFICATE OF - Villamar Law The Solicitor General maintained that the decision was null and void. According to intervenors, the land registration court could not act on its motions due to the restraining order issued by the Court of Appeals on August 8, 1991, enjoining the land registration court from executing its decision, as prayed for by the Solicitor General in its petition for annulment of judgment. 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. 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. PENRO Negros Oriental Coastal Clean-up 2022, Special Service Award for Forester Filadelfo Jumawid, Kababayen-an Para sa Kinaiyahan: Women Take the Lead in the Assessment of Typhoon-Damaged Mangroves of Bohol, PENRO Siquijor celebrates the International Day of Forest, CENRO Talibon joins the International Coastal Cleanup, PENRO Cebu Celebrates International Earth Day 2022, 82nd Anniversary of Siquijor Forest Reserve, PENRO Siquijor Coastal Clean-up In celebration of the Month of the Planet Earth, Certificate of Wildlife Registration (CWR), FORESHORE APPLICATION (FLA) OR MISCELLANEOUS LEASE APPLICATION (MLA). Review The MSC welcomes comments on the GCR. The above certification on which petitioners rely that a reclassification had occurred, and that the Lot is covered by the reclassification, is contradicted by several documents submitted by the Solicitor General before the land registration court. 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. Commercial transaction - Negotiable instruments Certificate of Stewardship | PENRO Occidental Mindoro Petitioners assert that Lot Psu-162620 is a small part of this excluded town site area. 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. ". 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. In the BLM forestry program, Stewardship refers to the ability to trade forest products for land management and services. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. N-9578, LRC Record No. 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. FERDINAND E. MARCOSPresidentRepublic of the Philippines". The impact of watershed degradation threatens the livelihood of thousands of people dependent upon it. THE Department of Agrarian Reform (DAR) has issued new rules and procedures governing the cancellation of registered emancipation patents (EPs), certificates of land ownership awards (CLOAs), and other titles issued under the Agrarian Reform Program through Administrative Order 07, Series of 2014. Petitioners further contend that town sites are considered alienable and disposable under CA 141. 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. The Court believes that from the evidence presented as above stated, Applicants have acquired private rights to which the Presidential Proclamation setting aside the Marikina Watershed should be subject to such private rights. 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. At any rate, the Court notes that evidence was presented by the applicants that as per Certification issued by the Bureau of Forest Development dated March 18, 1980, the area applied for was verified to be within the area excluded from the operation of the Marikina Watershed Lands Executive Order No. They insist that the land registration court had jurisdiction over the case which involves private land. 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. The Court ruled: "We do not agree. 1637 reads: AMENDING PROCLAMATION NO. Four years later, Spain ceded to the government of the United States all rights, interests and claims over the national territory of the Philippine Islands through the Treaty of Paris of December 10, 1898. 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. 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. Licenses are non-transferable. 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. "Forest lands" do not have to be on mountains or in out of the way places. 96-29 which prescribes the Rules and Regulations for the Implementation of Executive Order No. DENR Administrative Order No. /Height 3510 There was a fraud case where some group of people tried to sell forestland under Certificates of Stewardship Contracts (CSCs) by means of "transfer of right". The 1987 Constitution reaffirmed the Regalian doctrine in Section 2 of Article XII25 on "National Economy and Patrimony". 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." ( We quote the pertinent portions of the courts decision, as follows: "From the evidence presented, the Court finds that from the testimony of the witnesses presented by the Applicants, the property applied for is in actual, open, public and notorious possession by the applicants and their predecessor-in-interest since time immemorial and said possession had been testified to by witnesses Jimmy Torres, Mariano Leyva, Sergio Montealegre, Jose Amo and one Chona who were all cross-examined by Counsel for Oppositor Republic of the Philippines. WebDefine Certificate of Stewardship. 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. 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. ( 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.". It was created not to hinder and delay but to facilitate and promote the administration of justice. (DENR Administrative Order No. ( Petitioners contend that Proclamation No. Unless the pernicious agricultural activities of the Casile farmers are immediately stopped, it would not be long before these watersheds would cease to be of value. << With the exception of agricultural lands, all other natural resources shall not be alienated. EDNA COLLADO, BERNARDINA TAWAS, JORETO C. TORRES, JOSE AMO, SERGIO L. MONTEALEGRE, VICENTE C. TORRES, JOSEPH L. NUEZ, GLORIA SERRANO, DANILO FABREGAS, FERNANDO T. TORRES, LUZ G. TUBUNGBANUA, CARIDAD T. TUTANA, JOSE C. TORRES, JR., IMELDA CAYLALUAD, ROSALIE TUTANA, NORMA ASTORIAS, MYRNA M. LANCION, NORBERTO CAMILOTE, CECILIA MACARANAS, PEDRO BRIONES, REMEDIOS BANTIGUE, DANTE L. MONTEALEGRE, AIDA T. GADON, ARMANDO T. TORRES and FIDELITO ECO, petitioners,

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