is certificate of stewardship contract transferable

/BitsPerComponent 8 Mangrove Stewardship CertificateUnder the Mangrove Stewardship Program, the grantor is issued a Certificate of Stewardship allowing the grantee to plant and/or manage and protect permanent mangrove forest for coastline protection and support of coastal fisheries and to sustainably harvest and enjoy all the produce therefrom. 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.) Petitioners alleged that they have occupied the Lot since time immemorial. The respondent court could not have missed the import of these vital documents which are binding upon the courts inasmuch as it is the exclusive prerogative of the Executive Department to classify public lands. 18 Noblejas & Noblejas, Registration of Land Titles and Deeds, 1992 Ed. G.R. No. 173606 - Lawphil ) or https:// means youve safely connected to the .gov website. MSC General Certification Requirements No. Petitioners arguments find no basis in law. The Court said: "It should be noted further that the doctrine of estoppel or laches does not apply when the Government sues as a sovereign or asserts governmental rights, nor does estoppel or laches validate an act that contravenes law or public policy, and that res judicata is to be disregarded if its application would involve the sacrifice of justice to technicality. The impact of watershed degradation threatens the livelihood of thousands of people dependent upon it. The Court ruled: "We do not agree. Project Summary /XObject << 285-287. 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. endobj A parcel of land (Lot B of Proposed Poor Mans Baguio, being a portion of alienable and disposable portion of public domain) situated in the municipality of Antipolo, Province of Rizal, Island of Luzon. The possession of public land, however long the period may have extended, never confers title thereto upon the possessor because the statute of limitations with regard to public land does not operate against the State, unless the occupant can prove possession and occupation of the same under claim of ownership for the required number of years to constitute a grant from the State. ". 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. ( 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. 1637 dated April 18, 1977 known as the Lungsod Silangan Townsite Reservation. << No. Operating without a license is subject to a $1,000 per day civil penalty and criminal penalties. In case of assets which established through the project involving the CBFM-PO, the profit shall becoming subjected to the agrees benefit-sharing mechanisms. 1637 reads: AMENDING PROCLAMATION NO. First. The SEP Clearance may be transferred as long as a document shall be submitted showing the transfer of ownership, operating agreements or rights over the project. 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). CHECKLIST OF REQUIREMENTS - Department of Certificate of Stewardship - PENRO 129 on the ground that there had been no clear showing that the Lot had been previously classified as alienable and disposable making it subject to private appropriation. 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. Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. As of 1904, Sesinando Leyva had only been in possession for two years. 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. 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. A .gov website belongs to an official government organization in the United States. 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. Notes: stewardship is not a ownership, so they have no rights to transfer or sell the land. Forestry-related Laws and Policies The TDR Exchange makes it easy for TDR certificate holders (owners) and potential buyers (often 7189 in 4 February 1958, under Tax Declaration No. When development rights are sold, a new certificate must be issued in the name of the new owner and the documents must be recorded with the County. 2. He declared the property for tax purposes, the latest of which was under Tax Declaration No. Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within CBFM Areas. Certificate of Stewardship | PENRO Occidental Mindoro The Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory claims. The Lot was surveyed in the name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902. 14 AND 16, BOTH SERIES OF 1915, WHICH ESTABLISHED THE WATERSHED RESERVATION SITUATED IN THE MUNICIPALITY OF ANTIPOLO, PROVINCE OF RIZAL, ISLAND OF LUZON, A CERTAIN PORTION OF THE LAND EMBRACED THEREIN AND RESERVING 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. 2. x x x Even assuming that petitioners did have the said properties surveyed even before the same was declared to be part of the Busol Forest Reservation, the fact remains that it was so converted into a forest reservation, thus it is with more reason that this action must fail. Hence, the judgment of the Court of First Instance of Pampanga as regards the Lot No. Rosa Realty Development Corp. vs. Court of Appeals, et al.,27 the Court had occasion to discourse on watershed areas. 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. Attached to the application was the technical description of the Lot as Lot Psu-162620 signed by Robert C. Pangyarihan, Officer-in-Charge of the Survey Division, Bureau of Lands, which stated, "[t]his survey is inside IN-12 Mariquina Watershed." Upon cancellation of a Certificate of Stewardship, the GRANTEE loses the right to nominate another qualified individual/s or couple to take over his/her stewardship.This Stewardship Agreement may be pre-terminated by mutual agreement of the contracting parties. Thus, Section 1, Article XIII23 of the 1935 Constitution, on "Conservation and Utilization of Natural Resources" barred the alienation of all natural resources except public agricultural lands, which were the only natural resources the State could alienate. WebStewardship contracting authority includes agreements with nonprofits, best-value contracts, and always include a goods for services arrangement. COMMUNITY BASED FOREST MANAGEMENT AGREEMENT (CBFMA) & CERTIFICATE OF STEWARDSHIP CONTRACT (CSC) Socialized Industrial Forest ( Integrated Natural Resources Environmental Management Project, Coastal & Marine Ecosystem Management Program, Intensified Forest Protection & Anti-Illegal Logging, Geo-Hazard, Groundwater Assessment & Responsible Mining, Improved Land Administration & Management, DENR-7 FILED CASE AGAINST OWNER OF MINI ZOO IN BOHOL PROVINCE. 4. Hence, the court again issued an order submitting the case for decision based on the evidence of the petitioners. 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. Section 48 (b) of CA 141, as amended, applies exclusively to alienable and disposable public agricultural land. She has a right or interest to protect as she was the one dispossessed and thus, she can file the action for forcible entry. The Republic of the Philippines, through the Solicitor General, and the Municipality of Antipolo, through its Municipal Attorney and the Provincial Fiscal of Rizal, filed oppositions to petitioners application. During the hearing on January 9, 1991, only the assistant provincial prosecutor appeared without the Solicitor General. This verification is made upon the request of the Chief, Legal Staff, R-4 as contained in his internal memorandum dated March 18, 1986. Development of non-timber forest resources, Biodiversity utilization and conservation, Agroforestry (in areas identified as suitable for agriculture), Cutting of trees along gullies, steep slopes, river channels and other identified critical areas. The 1973 Constitution reiterated the Regalian doctrine in Section 8, Article XIV24 on the "National Economy and the Patrimony of the Nation". 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. The rationale for the 30-year period lies in the presumption that the land applied for pertains to the State, and that the occupants and/or possessors claim an interest therein only by virtue of their imperfect title or continuous, open and notorious possession.". endobj 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. In case the resources were planted through the project involving the CBFM-PO, the proceeds shall be subjected to the agreed benefit-sharing mechanisms. Commercial transaction - Negotiable instruments 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. With the exception of agricultural, industrial or commercial, residential, and resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, development, exploitation, or utilization of any of the natural resources shall be granted for a period not exceeding twenty-five years, renewable for not more than 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. All income/proceeds derived from that land shall accrue to the CSV holder. It focuses on the insights XII, Sec. Neither was the validity of the certificates of stewardship contracts which intervenors allegedly possessed inquired into considering this too was not in issue. /Parent 3 0 R 8. First Issue: whether petitioners have registrable title over the Lot. However, the Court has recognized exceptions to this rule in the interest of substantial justice. 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. 926 in 1919. Hence, by constitutional fiat, natural resources remain to this day inalienable properties of the State. Time to intervene. << MSC General Certification Requirements 10 Issued by Governor Luke E. Wright pursuant to the provisions of Act Numbered Six Hundred and Forty-Eight (Act No. May avail of assistance provided by other government and non-government organizations, Develop and utilize their allocated land consistent with sound ecological practices in accordance with the approved plans of the CBFM-PO, Assist in the conduct of parcellay survey and delineation of boundaries, Formulate farm plan and participate in the preparation of the CBFMA Five-Year Work Plan (FYWP), Protect and conserve forest growth both within the CBFMA area and those areas adjacent thereto from unauthorized activities, Preserve monuments and other landmarks indicating corners and outline of boundaries of individual property rights, Has the priority right to sub-lease from the Peoples Organization to which the CS holder is a member, portions within the CBFMA areas that are adjacent to or near the land covered by the CS, Follow forest and environmental laws, policies, rules and regulations (e.g., EO 23, easement, etc. Animal Welfare FAQ | Iowa Department of Agriculture /Length 6 0 R (Sgd.) 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"). Moreover, petitioners further point out that the Solicitor General filed the petition for annulment after the land registration court issued its order of May 6, 1991 directing the Land Registration Authority to issue the corresponding decree of registration. At any rate, the Court notes that evidence was presented by the applicants that as per Certification issued by the Bureau of Forest Development dated March 18, 1980, the area applied for was verified to be within the area excluded from the operation of the Marikina Watershed Lands Executive Order No. Valid certificate: A certificate that is not Alaska California Montana-Dakotas No. In fact, intervenors did not specifically seek any relief apart from a declaration that the Lot in question remains inalienable land of the public domain. Basic Labor Code of the Philippines - Payment. ", In fine, one claiming "private rights" must prove that he has complied with C.A. 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. (Heirs of Gumangan vs. Court of Appeals. WILDLIFE APPLICATION REQUIREMENTS (Please Click for Online Application), TREE CUTTING PERMIT (Please Click for Online Application), PROTECTED AREA COMMUNITY-BASED RESOURCE MANAGEMENT AGREEMENT(PACBRMA), COMMUNITY BASED FOREST MANAGEMENT AGREEMENT (CBFMA) & CERTIFICATE OF STEWARDSHIP CONTRACT (CSC), Socialized Industrial Forest Management Agreement (SIFMA), INDUSTRIAL FOREST MANAGEMENT ANGREEMENT (IFMA). /Im1 7 0 R Collaborative Action and Dispute Resolution, Eastern Oregon and Washington Timber Sales. 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. } !1AQa"q2#BR$3br 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. /Contents 5 0 R 585 for Integrated Social Forestry Program hence, L.R.C. %PDF-1.2 8. At that time, the land, as part of the Caliraya-Lumot River Forest Reserve, was no longer open to private ownership as it has been classified as public forest reserve for the public good. The University of the Philippines (UP) is the countrys national university. 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. 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. Rule 19 of the 1997 Rules of Civil Procedure47 provides in pertinent parts: Section 1. Who may intervene. 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." Basic Labor Code of the Philippines - Overtime, MIASCOR, Customs, Telco, PMPHI, Oil Price. >> 1 >> 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. General step 1. 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. WebThis paper examines the problems and issues in the granting and in the consequent acceptance of the certificate of stewardship contract (CSC). Protection of watersheds is an "intergenerational" responsibility that needs to be answered now.". x x x           x x x           x x x. /Filter [ /DCTDecode ] 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. Act 2874, the second Public Land Act, superseded Act No. 439-440. 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.

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