1 Filed under both Rules 45 and 65 of the Rules of Court. 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 Court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the inertvenors rights may be fully protected in a separate proceeding. This was superseded by RA 1942 which provided for a simple thirty-year prescriptive period of occupation by an applicant for judicial confirmation of an imperfect title. 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). 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. /Subtype /Image The State may directly undertake such activities or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. 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. 6657 (Comprehensive Agrarian Reform law of 1988) states, "No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have delimited by law, the specific limits of the public domain.". But Rule 12 of the Rules of Court, like all other Rules therein promulgated, is simply a rule of procedure, the whole purpose and object of which is to make the powers of the Court fully and completely available for justice. 6. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. Ito po ay binibigay ng gobyerno, sa pangangasiwa ng DENR, sa mga indibidwal o pamilya na >> According to intervenors, they are the actual occupants of the Lot which petitioners sought to register. ( They admitted that the land lies in the heart of the Caliraya-Lumot River Forest Reserve, which Proclamation No. The University of the Philippines (UP) is the countrys national university. Proclamation No. We also hold that environmental consequences in this case override concerns over technicalities and rules of procedure. Therefore, I do not guarantee and am not liable for the accuracy or completeness of any information provided herein or in any outcome, Certificates Stewardship Contract (CSC) of Forestland, Comprehensive Tax Reform Program (CTRP) rough schedule, Foreign ownership in real estate - Land Part II, Foreign ownership in real estate - Land Part I. /Pages 3 0 R The PLCO is an authorized representative of the CO, appointed in writing by a Certificate of Appointment (and in accordance with agency proce-dures) to administer the clearance of excess Government property from the contractors stewardship account. The Decision of the Court of Appeals dated June 22, 1992 declaring null and void the Decision dated January 30, 1991 of Branch 71, Regional Trial Court of Antipolo, Rizal, in LRC No. 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, On the Casile side this would mean direct siltation of the Mangumit river which drains to the water impounding reservoir below. 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. 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. ( ( The Certification reads: "Republic of the PhilippinesMinistry of Natural Resources, BUREAU OF FOREST DEVELOPMENTREGION IVEL AL Building100 Quezon Avenue, Quezon City. ( WebJuly 3, 2022 is certificate of stewardship contract transferable ( ( No. 1283 on June 21, 1974, petitioners possession as of the filing of their application on April 25, 1985 would have been only eleven years counted from the issuance of the proclamation in 1974. Site are non-transferable. 573 classified as inalienable. 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. In Gordula, petitioners did not contest the nature of the land. 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. While the certificate of title is an opinion of status and doesn't guarantee ownership, the deed is a document used when there is a transfer of property from a During the ownership of the property by Angelina Reynoso, Mariano Leyva the grandson of Sesinando Leyva, the previous owner, attended to the farm. Petitioners further contend that town sites are considered alienable and disposable under CA 141. 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. 439-440. After appraisal of the evidence submitted by petitioners, the land registration court held that petitioners had adduced sufficient evidence to establish their registrable rights over the Lot. 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. ( In Municipality of Santiago, Isabela vs. Court of Appeals,32 the Court declared that inalienable public lands -. 16945 on 15 December 1975, and under Tax Declaration No. Proclamation No. It is obvious, based on the facts on record that neither petitioners nor their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the Lot for at least thirty years immediately preceding the filing of the application for confirmation of title. >> My licensed expired. EDNA COLLADO bought the property from Myrna Torres in a Deed of Sale dated 28 April 1984 (Exhibit "P-1" to "P-3"). Population growth and industrialization have taken a heavy toll on the environment. During the hearings, petitioners submitted evidence to prove that there have been nine transfers of rights among them and their predecessors-in-interest, as follows: "1. 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 and transparent contracting procedures are followed; provided further, that development is consistent with the CRMF of the CBFMA area; and ix. However, the Court also recognized that: "The definition does not exactly depict the complexities of a watershed. Stewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. Current regulations allow the awarding of tenurial rights (25-year lease or forest management agreements issued by the DENR, i.e. 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. Cannot I transfer my license? The Report states: "COMES NOW the Administrator of the National Land Titles and Deeds Registration Commission and to this Honorable Court respectfully reports that: 1. 8. 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@" 285-287. WebThe DENR awarded Receipt of Stewardship Contracts in individuals. He owned and possessed the property until 1958. On the claim that the property applied for is within the Marikina Watershed, the Court can only add that all Presidential Proclamations like the Proclamation setting aside the Marikina Watershed are subject to "private rights.". 573, should not be interpreted as requiring a title. TDR Exchange. The motion to intervene may be filed at any time before rendition of judgment by the trial court. 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. 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902. Subsequently, then President Aquino issued Proclamation No. No. 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.". 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 Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. Aware that the parcels of land which their forefathers had occupied, developed and tilled belong to the Government, they filed a petition with then President Corazon C. Aquino and then DENR Secretary Fulgencio S. Factoran, to award the parcels of land to them. On August 14, 1991, intervenors filed a motion to vacate judgment and for new trial before the land registration court. Forest lands, including watershed reservations, are excluded. ", Lastly, the Solicitor General pointed out that attached to petitioner Edna T. Collados [as original applicant] application is the technical description39 of the Lot signed by Robert C. Pangyarihan, Officer-in-Charge of the Survey Division of the Bureau of Lands. The Solicitor General maintained that the decision was null and void. Section 16. Among those awarded were intervenors. Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and ninety. ( 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. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. 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. Rosa Realty also recognized the need to protect watershed areas and took note of the report of the Ecosystems Research and Development Bureau (ERDB), a research arm of the DENR, regarding the environmental assessment of the Casile and Kabanga-an river watersheds involved in that case. In a motion dated April 5, 1991, received by the Solicitor General on April 6, 1991, petitioners alleged that the decision dated January 30, 1991 confirming their title had become final after the Solicitor General received a copy of the decision on February 18, 1991. He thus recommended the dismissal of the application for registration. Buyers and sellers typically complete a Purchase and Sale Agreement. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. Protection of watersheds is an "intergenerational" responsibility that needs to be answered now.". 8), and 1987 Constitution (Art. 926 in 1919. The law bars the ARBs to transfer the awarded land during a holding period of 10 years and that is while the amortization to the government has not yet been fully paid. According to then DENR Secretary Victor Ramos, Proclamation No. In Sta. 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.
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