", 24 "Sec. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. 33, DATED JULY 26, 1904, AS AMENDED BY EXECUTIVE ORDERS NOS. 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. During the ownership of the property by Angelina Reynoso, Mariano Leyva the grandson of Sesinando Leyva, the previous owner, attended to the farm. The protection of watershed ensures an adequate supply of water for future generations and the control of flashfloods that not only damage property but also cause loss of lives. The Court remanded the case to the Department of Agriculture and Adjudication Board or DARAB to re-evaluate and determine the nature of the parcels of land involved in order to resolve the issue of its coverage by the CARL. Since then, the Lot became non-disposable and inalienable public land. x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. Proclamation No. G.R. No. 173606 - Lawphil In 1903, the United States colonial government, through the Philippine Commission, passed Act No. WebDefine Certificate of Stewardship. 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 The case law does not support this submission. 1283 has since been amended by Proclamation No. 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. 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. 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. >> SESINANDO LEYVA was the earliest known predecessor-in-interest of the Applicants who was in actual, open, notorious and continuous possession of the property in the concept of owner. That report concluded as follows: "The Casile barangay covered by CLOA in question is situated in the heartland of both watersheds. (Sgd.) 1 0 obj /Subtype /Image Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. The motion to intervene may be filed at any time before rendition of judgment by the trial court. During the preliminary conference, all the parties as represented by their respective counsels agreed that the only issue for resolution was whether the Lot in question is part of the public domain.8. "Forest lands" do not have to be on mountains or in out of the way places. My licensed expired. An applicant, like the private respondents herein, for registration of a parcel of land bears the burden of overcoming the presumption that the land sought to be registered forms part of the public domain (Director of Lands vs. Aquino, 192 SCRA 296). Third, Gordula vs. Court of Appeals33 is in point. Hence, the judgment of the Court of First Instance of Pampanga as regards the Lot No. 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. 3. These are covered with Certificate of Stewardship; B. Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.11 The Spaniards first introduced the doctrine to the Philippines through the Laws of the Indies and the Royal Cedulas, specifically, Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias12 which laid the foundation that "all lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain. In Gordula, petitioners did not contest the nature of the land. 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, Cannot I transfer my license? Watershed Reservation is a Natural Resource, The term "natural resource" includes "not only timber, gas, oil coal, minerals, lakes, and submerged lands, but also, features which supply a human need and contribute to the health, welfare, and benefit of a community, and are essential to the well-being thereof and proper enjoyment of property devoted to park and recreational purposes."26. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. The petitioners in Gordula contended, however, that Proclamation No. x x x.". 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. The certificates of stewardship are actually contracts of lease granted by the DENR to actual occupants of parcels of land under its ISF programs for a period of twenty-five (25) years, renewable for another twenty-five (25) years.45 The DENR awarded contracts of stewardship to ISF participants in Barangay San Isidro (or Boso-boso) and the other barangays based on the Inventory of Forest Occupants the DENR had conducted.46. /Length 8 0 R Q % % 269-A, LRC Rec. Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. << /Length 6 0 R NOTE: All data are approximate and subject to change based on future survey. Alaska California Montana-Dakotas 5 0 obj << 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). Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. The intervenors were thus constrained to file a petition for intervention before the Court of Appeals which allowed the same. ( Environmental degradation from unchecked human activities could wreak havoc on the lives of present and future generations. 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. What is a condominium? WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). 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. ( Site are non-transferable. stream N-9578, LRC Record No. 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. He owned and possessed the property until 1958. Commercial transaction - Negotiable instruments ( Vitug, and Ynares-Santiago, JJ., concur. ( Thus, in Mago the Court held that: "It is quite clear and patent that the motions for intervention filed by the movants at this stage of the proceedings where trial had already been concluded x x x and on appeal x x x the same affirmed by the Court of Appeals and the instant petition for certiorari to review said judgment is already submitted for decision by the Supreme Court, are obviously and, manifestly late, beyond the period prescribed under x x x Section 2, Rule 12 of the rules of Court. 9. They point out that EO 33 contains a saving clause that the reservations are "subject to existing private rights, if any there be." He filed his application for free patent only in January, 1973, more than three (3) years after the issuance of Proclamation No. SP No. Learn more about the Philippine government, its structure, how government works and the people behind it. 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. Jurisdiction. Stewardship Contracting | Bureau of Land Management ( 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. 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.