15856 in the name of petitioners may be attacked at any time, either directly or collaterally, by the State which is not bound by any prescriptive period provided for by the Statute of Limitations.". The CS is an agreement entered into by and between the government and individuals/families actually occupying or tilling portions of the forestlands covered with Community-Based Forest Management (CBFM) Agreement. N-191242 on April 4, 1986 in the name of Apolonia Garcia, et al., pursuant to the Decision and Order for Issuance of the Decree dated February 8, 1984 and March 6, 1984, respectively, and the remaining portion of plan Psu-162620 is inside IN-12, Marikina Watershed. Among those awarded were intervenors. 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. ( 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 The term "public land" referred to all lands of the public domain whose title still remained in the government and are thrown open to private appropriation and settlement, and excluded the patrimonial property of the government and the friar lands."16. Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. 1637 dated April 18, 1977 known as Lungsod Silangan Townsite Reservation. 8), and 1987 Constitution (Art. Legal Considerations for Stewardship Funding 5. ", 25 "Sec. ( x x x           x x x           x x x. Forestry Development Center. (DENR Administrative Order No. ( Certificate of Stewardship | PENRO Occidental Mindoro The case law does not support this submission. Mangrove Stewardship CertificateUnder the Mangrove Stewardship Program, the grantor is issued a Certificate of Stewardship allowing the grantee to plant and/or manage and protect permanent mangrove forest for coastline protection and support of coastal fisheries and to sustainably harvest and enjoy all the produce therefrom. The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902. According to them, there are now twenty-five co-owners in pro-indiviso shares of five hectares each. "x x x cannot be acquired by acquisitive prescription. Department of Environment and Natural Resources Web2 Multi-year Contracting: Stewardship contracts and assistance agreements may have terms of up to ten years, subject to approval. 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. 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). 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. Accordingly, the court rendered a decision confirming the imperfect title of petitioners. ", 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.". 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. WebCertificate of Stewardship Contract (CSC) and duly signed by the issuing authority; and 5. 25597, which declared null and void the Decision3 dated January 30, 1991 of the Regional Trial Court of Antipolo, Rizal, Branch 71, in LRC No. 1 A^(fh}QAQE QE RZ( ( ( ( ( ( ( ( ( ( 'QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE QE P(((((((((((((((((((((R]cQE QE QE QE QE QE QE QE QE (!8( ((aEPEPEPEPEPEPIKE Prescinding from this premise, petitioners urge that the 25-year possession by petitioner Gordula from 1944 to 1969, albeit five (5) years short of the 30-year possession required under Commonwealth Act (C.A.) At that time, the land, as part of the Caliraya-Lumot River Forest Reserve, was no longer open to private ownership as it has been classified as public forest reserve for the public good. Hence, the court again issued an order submitting the case for decision based on the evidence of the petitioners. 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. Containing an area of three thousand seven hundred eighty (3,780) Hectares, more or less. Certificate of Stewardship - Department of Environment Forest lands, including watershed reservations, are excluded. endobj The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. They insist that the land registration court had jurisdiction over the case which involves private land. 7182 issued on 3 February 1957 (Exhibit "I" and testimony of Mariano Leyva, supra). ( The 1935, 1973, 1987 Philippine Constitutions. 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. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit: (a) Those who prior to the transfer of sovereignty from Spain to the United States have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have, with or without default upon their part, or for any other cause, not received title therefor, and such applicants or grantee and their heirs have occupied and cultivated said lands continuously since the filing of their applications. DAR crafts new rules on land transfer Third issue: Whether the petition-in-intervention is proper. It focuses on the insights gained from interviewing CSC recipients and 21 Integrated Social Forestry Program (ISFP) officers in 6 BFD [Bureau of Forest Development, Philippines] districts of Region 4. 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 Royal Decree of 1894 or the "Maura Law" partly amended the Mortgage Law as well as the Law of the Indies. They likewise opposed the registration and asserted that the Lot, which is situated inside the Marikina Watershed Reservation, is inalienable. Has the 926 in 1919. Additional owners BERNARDINA TAWAS, JORETO TORRES, JOSE AMO, VICENTE TORRES and SERGIO MONTEALEGRE who bought portions of the property from Edna Collado through a Deed of Sale on 6 November 1985 (Exhibit "Q" to "Q-3"). Follow guidelines, CSC farmer-holders told - SUNSTAR Download the BLM Stewardship Manual. ( Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas. 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. 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 Upon cancellation of a Certificate of Stewardship, the GRANTEE loses the right to nominate another qualified individual/s or couple to take over his/her stewardship.This Stewardship Agreement may be pre-terminated by mutual agreement of the contracting parties. 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. 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. EDNA COLLADO bought the property from Myrna Torres in a Deed of Sale dated 28 April 1984 (Exhibit "P-1" to "P-3"). COURT OF APPEALS and REPUBLIC OF THE PHILIPPINES, thru the Director of Lands, respondents, BOCKASANJO ISF AWARDEES ASSOCIATION, INC., LITA MENDOZA, MORADO PREFIDIGNO, TERESITA CRUZ and CALOMA MOISES, respondents/intervernors. 41 Petitioners claim that the Solicitor General received a copy of the decision as early as February 18, 1991. Prepared for the Office of the United States Agency for International Development (USAID) under Contract Number 492-0444-C-00-5073-00 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. Certificate of Title: Definition and Examples - Investopedia Cannot I transfer my license? Certificate of Stewardship - PENRO 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. 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. ", In fine, one claiming "private rights" must prove that he has complied with C.A. 4 0 obj A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. Evidence was likewise presented that said property was declared for taxation purposes in the names of the previous owners and the corresponding taxes were paid by the Applicants and the previous owners and said property was planted to fruit bearing trees; portions to palay and portions used for grazing purposes. Certificate of Arrangement means the certificate of arrangement to be issued by the Director pursuant to subsection 192(7) of the CBCA in respect of the Articles of Arrangement; Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Amended and Restated Certificate of Incorporation. 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. And more additional Owners JOSEPH NUNEZ, DIOSDADO ARENOS, DANILO FABREGAS, FERNANDO TORRES, LUZ TUBUNGBANUA, CARIDAD TUTANA, JOSE TORRES JR., RODRIGO TUTANA, ROSALIE TUTANA, NORMA ASTORIAS, MYRNA LANCION, CHONA MARCIANO, CECILIA MACARANAS, PEDRO BRIONES, REMEDIOS BANTIQUE, DANTE MONTEALEGRE, ARMANDO TORRES, AIDA GADON and AMELIA M. MALAPAD bought portions of the property in a Deed of Sale on 12 May 1986 (Exhibit "S" to "S-3"). WebCertificate of Stewardship Certificate of Tree Plantation Ownership Rattan Cutting Contract Securing Export Authority for finished and Semi finished Wood products 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.
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