is certificate of stewardship contract transferable

23 "Sec. 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. First. 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. 33 dated July 26, 1904 per Proclamation No. 12942 only on August 6, 1991, after the decision had supposedly become final and executory. In view of this, the alleged procedural infirmities attending the filing of the petition for annulment of judgment are immaterial since the land registration court never acquired jurisdiction over the Lot. 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. Q The Lawphil Project - Arellano Law Foundation. 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. 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.". 269-A before the Regional Trial Court of Antipolo, Rizal. 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. 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". This technical description categorically stated that the Lot "is inside IN-12 Mariquina Watershed.". WHEREFORE, the Petition is DENIED. Web2 Multi-year Contracting: Stewardship contracts and assistance agreements may have terms of up to ten years, subject to approval. This verification is made upon the request of the Chief, Legal Staff, R-4 as contained in his internal memorandum dated March 18, 1986. It is designed as the means best adopted to obtain that thing. 33, DATED JULY 26, 1904 WHICH ESTABLISHED THE MARIKINA WATERSHED RESERVATION (IN-12) AS AMENDED, BY EXCLUDING CERTAIN PORTIONS OF LANDS EMBRACED THEREIN SITUATED AT SITIOS BOSOBOSO, KILINGAN, VETERANS, BARANGAYS SAN JOSEPH AND PAENAAN, MUNICIPALITY OF ANTIPOLO, PROVINCE OF RIZAL, ISLAND OF LUZON. The land registration court rendered its decision on January 30, 1991 and the Solicitor General received a copy of the decision on April 23, 1991.41 Petitioners point out that the Solicitor General filed with the Court of Appeals the petition for annulment of judgment invoking Section 9(2) of BP Blg. THE Department of Agrarian Reform (DAR) has issued new rules and procedures governing the cancellation of registered emancipation patents (EPs), certificates of land ownership awards (CLOAs), and other titles issued under the Agrarian Reform Program through Administrative Order 07, Series of 2014. 2. FSC-PRO-20-003 V1-0 EN - Forest Stewardship ( 133250, July 9, 2002. /BitsPerComponent 8 N-59179, confirming the imperfect title of petitioners over a parcel of land. Sec. ( There is no dispute that Executive Order No. Proclamation No. In the BLM forestry program, Stewardship refers to the ability to trade forest products for land management and services. ( 2 of certificate of Title No. 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable. Collaborative Action and Dispute Resolution, Eastern Oregon and Washington Timber Sales. The term "public land" referred to all lands of the public domain whose title still remained in the government and are thrown open to private appropriation and settlement, and excluded the patrimonial property of the government and the friar lands."16. Learn more about the Philippine government, its structure, how government works and the people behind it. 33 as amended, not otherwise affected by this Proclamation, shall remain in force and effect. 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). 573 classified as inalienable. 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. Their right to register the Lot is predicated mainly upon continuous possession since 1902. Certificate of Stewardship This Stewardship Agreement shall form an integral part of the Certificate of Stewardship. 1283 promulgated on June 21, 1974 which established the Boso-boso Town Site Reservation, amended by Proclamation No. Integrated Bar of the Philippines (IBP) and Judici Bankers Association of the Philippines (BAP), Basic Labor Code of the Philippines - Working Hours. 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). 765 dated October 26, 1970, which covered areas entirely within the herein Lungsod Silangan Townsite, is hereby revoked accordingly. Proclamation No. Prescinding from this premise, petitioners urge that the 25-year possession by petitioner Gordula from 1944 to 1969, albeit five (5) years short of the 30-year possession required under Commonwealth Act (C.A.) GREGORIO CAMANTIQUE bought the property from Diosdado Leyva before the Japanese Occupation of the Philippines during World War II. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. 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. With the exception of agricultural lands, all other natural resources shall not be alienated. Containing an area of one thousand two hundred twenty five (1,225) Hectares, more or less. /Type /Page (Heirs of Gumangan vs. Court of Appeals. Has the right to transfer or convey, in whole or in part, the area covered by CS to any co-member of the CBFM-PO who is qualified to be a CS beneficiary. "x x x cannot be acquired by acquisitive prescription. 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. PENRO Negros Oriental Coastal Clean-up 2022, Special Service Award for Forester Filadelfo Jumawid, Kababayen-an Para sa Kinaiyahan: Women Take the Lead in the Assessment of Typhoon-Damaged Mangroves of Bohol, PENRO Siquijor celebrates the International Day of Forest, CENRO Talibon joins the International Coastal Cleanup, PENRO Cebu Celebrates International Earth Day 2022, 82nd Anniversary of Siquijor Forest Reserve, PENRO Siquijor Coastal Clean-up In celebration of the Month of the Planet Earth, Certificate of Wildlife Registration (CWR), FORESHORE APPLICATION (FLA) OR MISCELLANEOUS LEASE APPLICATION (MLA). Proclamation No. WebDefine Certificate of Stewardship. 585 reads: AMENDING FURTHER EXECUTIVE ORDER NO. This paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). /Producer () Stewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. A lock ( The Certification reads: "Republic of the PhilippinesMinistry of Natural Resources, BUREAU OF FOREST DEVELOPMENTREGION IVEL AL Building100 Quezon Avenue, Quezon City. Legal Considerations for Stewardship Funding 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). WebCertificate of Stewardship Certificate of Tree Plantation Ownership Rattan Cutting Contract Securing Export Authority for finished and Semi finished Wood products ( (Sgd.) /ColorSpace /DeviceRGB 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902. After plotting plan Psu-162620 in our Municipal Index Map it was found that a portion of the SW, described as Lot 3 in plan Psu-173790 was previously the subject of registration in Land Reg. Section 16. The intent of stewardship is to improve, maintain, or restore forest or rangeland health; restore or maintain water quality; improve fish and wildlife habitat and reduce danger from wildfires. No. 107764 October 4, 2002. Likewise, in a letter38 dated November 11, 1991, the Deputy Land Inspector, DENR, Region IV, Community Environment and Natural Resources Office, Antipolo, Rizal, similarly confirmed that the Lot is within the MWR. Certificate of Limited Partnership means the Certificate of Limited Partnership of the Partnership filed with the Secretary of State of the State of Delaware as referenced in Section 7.2, as such Certificate of Limited Partnership may be amended, supplemented or restated from time to time. 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. 30 Republic vs. Court of Appeals, 349 SCRA 451 (2001). ", 24 "Sec. 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. Additional owners BERNARDINA TAWAS, JORETO TORRES, JOSE AMO, VICENTE TORRES and SERGIO MONTEALEGRE who bought portions of the property from Edna Collado through a Deed of Sale on 6 November 1985 (Exhibit "Q" to "Q-3"). 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. The issues raised by petitioners are restated as follows: WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN REVERSING THE DECISION OF THE TRIAL COURT GRANTING THE APPLICATION OF THE PETITIONERS FOR CONFIRMATION OF TITLE; WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN GIVING DUE COURSE TO THE PETITION FOR ANNULMENT OF JUDGMENT FILED BY THE REPUBLIC LONG AFTER THE DECISION OF THE TRIAL COURT HAD BECOME FINAL; WHETHER THE COURT OF APPEALS ERRED OR GRAVELY ABUSED ITS DISCRETION IN GIVING DUE COURSE TO THE INTERVENORS PETITION FOR INTERVENTION WHICH WAS FILED OUT OF TIME OR LONG AFTER THE DECISION OF THE TRIAL COURT HAD BECOME FINAL. 6 Consolidated Rejoinder, pp. 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. After the passage of the 1935 Constitution, Commonwealth Act No. 585 for Integrated Social Forestry Program hence, L.R.C. No. >> Petitioners further contend that town sites are considered alienable and disposable under CA 141. 11 Republic vs. Sayo, 191 SCRA 71 (1990). 141, as amended, is enough to vest upon petitioner Gordula the "private rights" recognized and respected in Proclamation No. WebSans the presence of the awardee of the Certificate of Stewardship, the provision clearly allows Valeriana to institute the action for the recovery of the physical possession of the property against the alleged usurper. 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. Petitioners even concede that the Lot, described as Lot Psu-162620, is inside the technical, literal description of the MWR. The petitioners in Gordula contended, however, that Proclamation No. ( 1. Site are non-transferable. Stewardship Credits: As service work is completed, an equal amount of credit toward removal of forest No. The Solicitor General sought the annulment of the decision on the ground that the land registration court had no jurisdiction over the case, specifically, over the Lot which was not alienable and disposable. WebStewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. Forestry-related Laws and Policies Featured Projects Learn about successful local BLM projects implemented through stewardship contracting. ( XIII, Sec. The explicitly discusses this need Conceptual Frameworkas well as the need for information that helps users assess the prospects for future net cash inflows to the entity. Angelina Reynoso declared the property in her name under Tax Declaration No. Stewardship as an alternative to land ownership in the Philippine uplands, Philippines Univ., Los Banos, College, Laguna (Philippines). 1 Filed under both Rules 45 and 65 of the Rules of Court. DAR issues new guidelines on EP, CLOA, other Accordingly, the court rendered a decision confirming the imperfect title of petitioners. Petitioners contend that their claim of ownership goes all the way back to 1902, when their known predecessor-in-interest, Sesinando Leyva, laid claim and ownership over the Lot. 4. 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, /Pages 3 0 R stream CHECKLIST OF REQUIREMENTS - Department of ( This agreement becomes an integral part of the Certificate of Stewardship. A 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. The Solicitor General maintained that the decision was null and void. R). To the mind of the Court, Applicants have presented sufficient evidence to establish registrable title over said property applied for by them. Viewed under this legal and factual backdrop, did petitioners acquire, as they vigorously argue, private rights over the parcel of land prior to the issuance of EO 33 segregating the same as a watershed reservation? 34 Memorandum of then DENR Secretary Victor O. Ramos to the President of the Philippines dated March 29, 1996, Rollo, pp. 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. PO Resolution requesting the DENR through the CENRO for the issuance of the CS with the following attachments: Community Environment and Natural Resources Office (CENRO), Actual tillers or cultivators of the land to be allocated, Member of the Peoples Organization which was granted a CBFM area subject to the CS application, Willing to develop the land as well as participate in CBFM activities, Not a previous holder of CS that was cancelled for a cause, Agreement on the rights and responsibilities of CS holders, Individual application for CS of prospective beneficiaries, duly endorsed by the PO head, Community map (parcellary map) of the area showing parcels actually occupied and/or cultivated by individual families, properly numbered, and validated in the general meeting, Possess, occupy, develop, protect, manage and utilize forestlands and its resources in accordance with the ratified CRMF, and appropriate methods and practices, and such other rights as may be granted by law. A strict application of the rules would blur this bigger, far more important picture. 1283 expressly excluded an area of 3,780 hectares from the MWR and made the area part of the Boso-boso Townsite Reservation. 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. Marine Stewardship Council Marine House 1 Snow Hill London EC1A 2DH United Kingdom Phone: + 44 (0) 20 7246 8900 Fax: + 44 (0) 20 7246 8901 Email: standards@msc.org MSC General Certification Requirements v2.4.1 means a document recognizing the Commissioners issuance of a Long-Term Stewardship Permit for the Facility. No. The motion to intervene may be filed at any time before rendition of judgment by the trial court. 30 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 33 dated July 26, 1904 per Proclamation No. "13 Upon the Spanish conquest of the Philippines, ownership of all "lands, territories and possessions" in the Philippines passed to the Spanish Crown.14, The Laws of the Indies were followed by the Ley Hipotecaria or the Mortgage Law of 1893. 9. stream 8. 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. Congress permanently Population growth and industrialization have taken a heavy toll on the environment. >> The University of the Philippines (UP) is the countrys national university. My licensed expired. We apply our ruling in Martinez vs. Court of Appeals,43 as follows: "The Land Registration Court has no jurisdiction over non-registrable properties, such as public navigable rivers which are parts of the public domain, and cannot validly adjudge the registration of title in favor of private applicant. 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. 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. WebStewardship definition, the position and duties of a steward, a person who acts as the surrogate of another or others, especially by managing property, financial affairs, an 39-41; Rollo, pp. RECOGNITION OF INDIVIDUAL PROPERTY No. 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. 926 in 1919. /Im1 7 0 R 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. /Type /Catalog Clearly, petitioners were unable to acquire a valid and enforceable right or title because of the failure to complete the required period of possession, whether under the original Section 48 (b) of CA 141 prior to the issuance of EO 33, or under the amendment by RA 1942 and PD 1073. First Issue: whether petitioners have registrable title over the Lot. 1. 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. Stewardship Contracting An imperfect title may have been derived from old Spanish grants such as a titulo real or royal grant, a concession especial or special grant, a composicion con el estado or adjustment title, or a titulo de compra or title through purchase.29 Or, that he has had continuous, open and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of ownership for at least thirty years preceding the filing of his application as provided by Section 48 (b) CA 141. All other lands covered and embraced under Executive Order No. 8), and 1987 Constitution (Art. 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. Stewardship Definition & Meaning | Dictionary.com An inspection must also be completed and compliant before the new owner can start operating the business. 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. (Q@((aEPEPEPI 1F( 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). Among those awarded were intervenors. MYRNA TORRES bought the property from Angelina Reynoso on 16 October 1982 through a Deed of Sale (Exhibit "G"). Certificate of Stewardship | PENRO Occidental Mindoro And more additional Owners JOSEPH NUNEZ, DIOSDADO ARENOS, DANILO FABREGAS, FERNANDO TORRES, LUZ TUBUNGBANUA, CARIDAD TUTANA, JOSE TORRES JR., RODRIGO TUTANA, ROSALIE TUTANA, NORMA ASTORIAS, MYRNA LANCION, CHONA MARCIANO, CECILIA MACARANAS, PEDRO BRIONES, REMEDIOS BANTIQUE, DANTE MONTEALEGRE, ARMANDO TORRES, AIDA GADON and AMELIA M. MALAPAD bought portions of the property in a Deed of Sale on 12 May 1986 (Exhibit "S" to "S-3"). 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."

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is certificate of stewardship contract transferable