They 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. IN WITNESS WHEREOF, I Have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. 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. 573, should not be interpreted as requiring a title. 269-A is recommended for rejection (Underlining supplied)." 573. and where there are existing petitions that lands currently occupied be released as alienable and disposable. (Q@((aEPEPEPI 1F( 9. 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. CA 141, as amended, remains to this day as the existing general law governing the classification and disposition of lands of the public domain other than timber and mineral lands.17. It is now established that the Lot, being a watershed reservation, is not alienable and disposable public land. Nonetheless, petitioners insist that the term, "private rights," in Proclamation No. Ito po ay binibigay ng gobyerno, sa pangangasiwa ng DENR, sa mga indibidwal o pamilya na MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). 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. 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. 926, the first Public Land Act, which was described as follows: "Act No. The motion to intervene may be filed at any time before rendition of judgment by the trial court. Swampy areas covered by mangrove trees, nipa palms and other trees growing in brackish or sea water may also be classified as forest land. Population growth and industrialization have taken a heavy toll on the environment. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. ( The GRANTEE has the right to nominate their heir to the Stewardship Agreement, subject to the approval of the Secretary or his authorized representative, to facilitate orderly transfer upon the death or incapacity of the original stewards, movement outside of the area by the stewards, and change of vocation of the Certificate of Stewardship holders. Site are non-transferable. ), Application of silvicultural programs such as timber stand improvement and assisted natural regeneration. 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. A positive Act of government is needed to declassify a public land and to convert it into alienable or disposable land for agricultural or other purposes (Republic vs. Bacas, 176 SCRA 376). 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. The Forest Management Bureau of the Department of Environment and Natural Resources provides technical guidance to the central and field offices for the effective protection, development, and conservation of forestlands and watersheds. 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. Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. 12942 only on August 6, 1991, after the decision had supposedly become final and executory. /Length 10 0 R He had the property surveyed in his name on 22 March 1902 (Exhibit "W" and "W-1" testimonies of J. Torres on 16 December 1987 and Mariano Leyva on 29 December 1987). During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. 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. No. 2 of certificate of Title No. Toward this, we hope that an acceptable comprehensive watershed development policy and program be immediately formulated and implemented before the irreversible damage finally happens.". 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. No. Any changes in ownership require a new application along with the non-refundable licensing fee. 11 Republic vs. Sayo, 191 SCRA 71 (1990). The Court of Appeals granted the motion to intervene verbally during the preliminary conference held on April 6, 1992. 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. 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. The law governed the disposition of lands of the public domain. } !1AQa"q2#BR$3br No. 269-A, LRC Rec. No. Proclamation No. (Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@Q@a *{pBES,( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (6l%qs@ ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( QE QE QE QE QE QE QE QE RE Z(E7Rn)aCRn(:P;SA=sHIKI@Q@EPEP0( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( J ( ( ( ( ( ( ( Kp; ZT#Fs$x O%QE ( The 1973 Constitution reiterated the Regalian doctrine in Section 8, Article XIV24 on the "National Economy and the Patrimony of the Nation". This technical description categorically stated that the Lot "is inside IN-12 Mariquina Watershed.". ( Forest lands, including watershed reservations, are excluded. 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. ( JFIF LEAD Technologies Inc. V1.01 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. This verification is made upon the request of the Chief, Legal Staff, R-4 as contained in his internal memorandum dated March 18, 1986. In Sta. Section 4 (a) of RA No. For example, in exchange for thinning the forest and keeping the trees to sell, a contractor or organization performs service-work that helps to achieve key land management goals such as improving wildlife habitat or reestablishing native plant species. Even if they submitted sufficient proof that the Lot had been excluded from the MWR upon the issuance of Proclamation No. 7189 in 4 February 1958, under Tax Declaration No. Basic Labor Code of the Philippines - Overtime, MIASCOR, Customs, Telco, PMPHI, Oil Price. Indeed, all lands of the public domain as well as all natural resources enumerated in the Philippine Constitution belong to the State. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. 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. ", In fine, one claiming "private rights" must prove that he has complied with C.A. 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. ( On March 24, 1986, petitioner Edna T. Collado filed an Amended Application to include additional co-applicants.4 Subsequently, more applicants joined (collectively referred to as "petitioners" for brevity).5. To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. 1637 revised the area and location of the proposed townsite. 1396 dated June 2, 1978 under the sole jurisdiction of the Ministry of Human Settlements, to the exclusion of any other government agencies. 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.". "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.
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