Upon recommendation of the Secretary of Natural Resources and pursuant to the authority vested in me by law, I, FERDINAND E. MARCOS, President of the Philippines, do hereby amend Proclamation No. 36 Heirs of Amunategui vs. Director of Forestry, 126 SCRA 69 (1983). This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). REVISED PCSD ADMINISTRATIVE ORDER NO. 06 (Sgd) ARMENDO R. CRUZSupervising Cartographer, (Sgd) LUIS G. DACANAYChief, Forest Engineering & Infrastructure Section". 269-A before the Regional Trial Court of Antipolo, Rizal. The Court ruled: "We do not agree. At the time petitioners filed their application on April 25, 1985, the Lot has been reserved as a watershed under EO 33 for 81 years prior to the filing of petitioners application. x x x, Clearing and tilling of the lands are totally inconsistent with sound watershed management. 8. . WebStewardship Users of financial reports need information to help them assess managements stewardship. 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 1973 Constitution reiterated the Regalian doctrine in Section 8, Article XIV24 on the "National Economy and the Patrimony of the Nation". N-55948 and was issued Decree No. ( MSC General Certification Requirements 1283 has since been amended by Proclamation No. Proclamation No. What's The: Certificates Stewardship Contract (CSC) of 03-06145 on 25 June 1978. 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. 926 was that the land possessed and claimed by individuals as their own are agricultural lands and therefore alienable and disposable. No. The Court of Issuance of Permit, Licenses, ECC Lease Agreements and Other Similar Instruments by permitting agencies. Other Programs: Stewardship contracting is not a replacement for the BLMs established timber sale or grazing programs. This Stewardship Agreement shall form an integral part of the Certificate of Stewardship. 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. There are not much information since they are not yet listed in PSE. ( 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. 1), 1973 (Art. 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@" The Court of Appeals shall exercise: (2) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; x x x. Stewardship Contracting 1396 dated June 2, 1978 under the sole jurisdiction of the Ministry of Human Settlements, to the exclusion of any other government agencies. 8, Application; Emphasis supplied). << contract is signed for the audit. There is no dispute that Executive Order No. Article 67 of the Water Code of the Philippines (PD 1067) provides: "Art. 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. 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." 2), all lands of the public domain belong to the State. ( Iowa On the Kabanga-an side, this would mean destruction of forest covers which acts as recharged areas of the Matangtubig springs. Section 48 (b) of CA 141, as amended, applies exclusively to alienable and disposable public agricultural land. Subsequently, then President Aquino issued Proclamation No. 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. R). Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. << FERDINAND E. MARCOSPresident of the Philippines", A positive act (e.g., an official proclamation) of the Executive Department is needed to declassify land which had been earlier classified as a watershed reservation and to convert it into alienable or disposable land for agricultural or other purposes.35 Unless and until the land classified as such is released in an official proclamation so that it may form part of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.36. 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. Valid certificate: A certificate that is not Community Based Forest Management Agreement, Socialized Industrial Forest Management Agreement, Forest Land Use Agreement/Forest Land Use Agreement for Tourism, Approval of Integrated Annual Operations Plan, Certificate of Registration as Log/Lumber Dealer, Certificate of Origin for Logs, Timber, Lumber and Non-timber Forest product, Securing Export Authority for finished and Semi finished Wood products, Reorganization Act of the Department of Environment and Natural Resources, Department of Environment and Natural Resources, Ecosystems Research and Development Bureau, National Mapping and Resource Information Authority, Natural Resources Development Corporation, Palawan Council for Sustainable Development, Philippine Mining Development Corporation. Copy of the letter is attached herewith as Annex "3" and made an integral part hereof. 7 0 obj << 585 for Integrated Social Forestry Program hence, L.R.C. ( 573 itself recognizes private rights of landowners prior to the reservation. 263, Otherwise Known as the Community-based Forest Management Strategy (CBFMS), Guidelines on the Establishment of Community-based Forest Management (CBFM) Projects within Mangrove Areas, Amendments of DENR A.O. ( 1637 issued on April 18, 1977. and where there are existing petitions that lands currently occupied be released as alienable and disposable. 67. 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. 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. ( 2. WebDefine Certificate of Stewardship. Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. 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. DENR ADMINISTRATIVE ORDER NO - FAO All proceedings of the land registration court involving the Lot are therefore null and void. RECOGNITION OF INDIVIDUAL PROPERTY >> ", 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.". (Exhibit "K")."7. The Royal Decree of 1894 or the "Maura Law" partly amended the Mortgage Law as well as the Law of the Indies. G. R. No. When the conditions set by law are complied with, the possessor of the land, by operation of law, acquires a right to a grant, a government grant, without the necessity of a certificate of title being issued."31. In the case of Director of Lands vs. Reyes, 68 SCRA 193-195, by "private rights" means that applicant should show clear and convincing evidence that the property in question was acquired by applicants or their ancestors either by composition title from the Spanish government or by Possessory Information title, or any other means for the acquisition of public lands xxx" (underscoring supplied). Davide, Jr., C.J., (Chairman), on official leave. 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. 6657 has suspended the authority of the President to reclassify forest or mineral lands into agricultural lands. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. 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). 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. /ColorSpace /DeviceRGB She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. ANO PO BA ANG CERTIFICATE OF STEWARDSHIP (CS)? WebThe DENR awarded Receipt of Stewardship Contracts in individuals. 18 Noblejas & Noblejas, Registration of Land Titles and Deeds, 1992 Ed. Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. 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. A 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." 33 dated July 26, 1904 per Proclamation No. Integrated Bar of the Philippines (IBP) and Judici Bankers Association of the Philippines (BAP), Basic Labor Code of the Philippines - Working Hours. An inspection must also be completed and compliant before the new owner can start operating the business. 8), and 1987 Constitution (Art. endobj No. Site are non-transferable.