is certificate of stewardship contract transferable
Population growth and industrialization have taken a heavy toll on the environment. Websales documentation that demonstrates transfer of legal ownership from seller to buyer and relates to certified product. In Gordula, petitioners did not contest the nature of the land. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. N-59179 is AFFIRMED. 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". Section 4 (a) of RA No. 33 dated July 26, 1904 per Proclamation No. 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. The Court in Sta. A parcel of land described in plan Psu-162620 situated in the Barrio of San Isidro, Municipality of Antipolo, Province of Rizal, is applied for registration of title in the case at bar. 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. The Bockasanjo ISF Awardees Association, Inc., an association of holders of certificates of stewardship issued by the DENR under its Integrated Social Forestry Program, filed with the Court of Appeals on November 29, 1991 a Motion for Leave to Intervene and to Admit Petition-In-Intervention. Petitioners prayed that the land registration court order the Land Registration Authority to issue the necessary decree in their favor over the Lot. 5 0 obj "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. First. Finally, it is of no moment if the areas of the MWR are now fairly populated and vibrant communities as claimed by petitioners. } !1AQa"q2#BR$3br Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same into private property. 5. In Municipality of Santiago, Isabela vs. Court of Appeals,32 the Court declared that inalienable public lands -. ( We also hold that environmental consequences in this case override concerns over technicalities and rules of procedure. This verification is made upon the request of the Chief, Legal Staff, R-4 as contained in his internal memorandum dated March 18, 1986. Article 67 of the Water Code of the Philippines (PD 1067) provides: "Art. Intervenors counsel received a copy of the decision on August 9, 1991. 8), and 1987 Constitution (Art. 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. The Casile and Kabanga-an watersheds can be considered a most vital life support system to thousands of inhabitants directly and indirectly affected by it. 1283 expressly excluded an area of 3,780 hectares from the MWR and made the area part of the Boso-boso Townsite Reservation. Alaska California Montana-Dakotas Subsequently, then President Aquino issued Proclamation No. Petitioners assert that Lot Psu-162620 is a small part of this excluded town site area. This non-regulatory Certificate of Completion means the certificate of completion given by the Engineer-in- charge pursuant to clause 40 of these conditions; Certificate of Insurance means a document showing that an insurance policy has been written and includes a statement of the coverage of the policy. 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. 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. 269-A, LRC Rec. 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, << Thus, Section 1, Article XIII23 of the 1935 Constitution, on "Conservation and Utilization of Natural Resources" barred the alienation of all natural resources except public agricultural lands, which were the only natural resources the State could alienate. ( Jurisdiction. It does not constitute the thing itself which courts are always striving to secure to litigants. 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. ( 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. The exceptions are some areas where CSC is not generally acceptable such as in the Cordilleras, in predominantly Muslim areas in Mindanao, "Stewardship as an alternative to land ownership in the Philippine uplands"@eng, Philippines Univ., Los Banos, College, Laguna (Philippines). Proclamation No. 8, Application; Emphasis supplied). Neither was the validity of the certificates of stewardship contracts which intervenors allegedly possessed inquired into considering this too was not in issue. Stewardship projects are created through an open, collaborative process that involved local communities and interested organizations. 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. 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. (Heirs of Gumangan vs. Court of Appeals. Any title to the Lot is void ab initio. Protection of watersheds is an "intergenerational" responsibility that needs to be answered now.". 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. 7182 issued on 3 February 1957 (Exhibit "I" and testimony of Mariano Leyva, supra). ( R). 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. 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. Upon expiration of the Stewardship Agreement, the CS holder or direct next-of-kin shall have the right of pre-emption to any subsequent Stewardship Agreement covering their allocated land. In Sta. NOTE: All data are approximate and subject to change based on future survey. Beginning at a point marked "1" on sketch plan being N 74 30 E., 8430.00 m., more or less, from BLLM 1. There is no proof that prior to the issuance of EO 33 in 1904, petitioners had acquired ownership or title to the Lot either by deed or by any other mode of acquisition from the State, as for instance by acquisitive prescription. 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. ( Third, Gordula vs. Court of Appeals33 is in point. 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). 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 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 With the exception of agricultural lands, all other natural resources shall not be alienated. According to intervenors, they learned only on July 31, 1991 about the pendency of LRC Case No. The following ruling may be applied to this case by analogy: "A forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers may have stripped it of its forest cover. 1637 dated April 18, 1977 known as Lungsod Silangan Townsite Reservation. That the land in question is within the Marikina Watershed Reservation is confirmed by the Administrator of the National Land Titles and Deeds in a Report, dated March 2, 1988, submitted to the respondent Court in LR Case No. The Court of Appeals granted the motion to intervene verbally during the preliminary conference held on April 6, 1992. It is only issued within established CBFM project with CBFMA, subject to the decision and recommendation of the PO. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. 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 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. 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. The same, however, has already been amended by Presidential Decree No. 9 0 obj 26 Blacks Law Dictionary, 6th Ed., 1990. No. ( Originally, Section 48(b) of CA 141 provided for possession and occupation of lands of the public domain since July 26, 1894. She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. WebThey 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. 926, the first Public Land Act, which was described as follows: "Act No. This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). 12942 only on August 6, 1991, after the decision had supposedly become final and executory. 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. As of 1904, Sesinando Leyva had only been in possession for two years. They admitted that the land lies in the heart of the Caliraya-Lumot River Forest Reserve, which Proclamation No. Vitug, and Ynares-Santiago, JJ., concur. 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. N-9578, LRC Record No. Certificate of Conformance means a document issued by the NCWM based on testing by a participating laboratory that constitutes evidence of conformance of a type. ( (Exhibit "K")."7. 2. 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. Web5.4 Subcontractors, transport and contract processing 5.5 17Non-conforming product 5.6 Requests for traceability and supply chain assurance 5.7 Specific requirements for under-assessment product 205.8 Specific requirements on forced and child labour 7 11 13 13 15 17 18 19 Marine Stewardship Council Done in the City of Manila, this 21st day of June, in the year of Our Lord, nineteen hundred and seventy-four. Pasigarbo sa Larena Christmas Tree Decorating Contest-Season 3. 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. 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. 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).". vs. 4 Co-petitioners Bernardina Tawas, Joseto C. Torres, Jose Amo, Sergio L. Montealegre and Vicente C. Torres. Forest lands, including watershed reservations, are excluded. ANO PO BA ANG CERTIFICATE OF STEWARDSHIP (CS)? >> The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. ( 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. 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. 585 reads: AMENDING FURTHER EXECUTIVE ORDER 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. Since then, the Lot became non-disposable and inalienable public land. 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. All income/proceeds derived from the land shall accrue to the CS holder. ( 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court, or an officer thereof may, with leave of court, be allowed to intervene in the action. A major finding of the study was that the CSC recipients are apprehensive of their land security after 25 years and fear that the government might get back the land covered by the CSC after it has been fully developed. 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. All content is in the public domain unless otherwise stated. 1), 1973 (Art. 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. 141, as amended, is enough to vest upon petitioner Gordula the "private rights" recognized and respected in Proclamation No. 2), all lands of the public domain belong to the State. ( 16945 on 15 December 1975, and under Tax Declaration No. 133250, July 9, 2002. Upon recommendation of the Secretary of Environment and Natural Resources and pursuant to the authority vested in me by law, I, CORAZON C. AQUINO, President of the Philippines, do hereby exclude from the operation of Executive Order No. Sta. Petitioners do not claim to have documentary title over the Lot. Act 2874, the second Public Land Act, superseded Act No. ( /Pages 3 0 R G. R. No. 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 evidence of record thus appears unsatisfactory and insufficient to show clearly and positively that the Lot had been officially released from the Marikina Watershed Reservation to form part of the alienable and disposable lands of the public domain. Beginning at a point marked "1" on the Topographic Maps with the Scale of 1:50,000 which is the identical corner 38 IN-12, Marikina Watershed Reservation. 2. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. He must overcome the presumption that the land he is applying for is part of the public domain and that he has an interest therein sufficient to warrant registration in his name arising from an imperfect title. Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generations. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. 269-A is recommended for rejection (Underlining supplied)." Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. Containing an area of One Thousand Four Hundred Thirty (1,430) Hectares. 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. 6 Consolidated Rejoinder, pp. % % 269-A before the Regional Trial Court of Antipolo, Rizal. /Im1 7 0 R 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. 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. endobj (Testimony of Mariano Leyva, supra). /ProcSet [ /PDF /ImageC ] 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. COMMUNITY BASED FOREST MANAGEMENT AGREEMENT (CBFMA) & CERTIFICATE OF STEWARDSHIP CONTRACT (CSC) Socialized Industrial Forest The 1935, 1973, 1987 Philippine Constitutions. 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.