& _publcalon in at Jast two @Q) sewspapess of general ‘ulation (Ss4) ANTONIO H. CERILLES Seereury Publican KABAYAN raber 18,2000, MANILA STANDARD = Octaber 19,2000 _DENR Memorandum Circalar /Bo.2)= 08 March 10, 2000 sumect Guidelines In The Disposition Of Cases OF Fake And legal Tiles. ‘Tae proses involved in the disposition of the Fe asso ake ad Mel ling ie a follows |. The CENR/PENR Ofticer who submited listing of cases of fake and legal tles within his terol jurisdiction mast ‘under the documentation thereof which involves 44, Conduct offal investigation to substantiate and confirm * ‘pe epee finding that the tile of a pareular piece of lang ir fake or illegal for covering. forest nea, Dprochimediesered ares, natonst parks, xd ober ‘allonale lands of he public domain, Gaiing of the relevant land clasifieation Pwojeioncadasrel maps showing tl the Jana involved falls within the allele and. nondisposable wes Pperidocuments evidencing release, cevtiistion of Preparation of ceifiod copies of land application, tppoval order for issuance of patent and pelos sued a ‘vel ss cetfied copies of eriginal coat of tle sed can thereto and esvatve tiles, Prosireent of other relevant paperstdocumets whic can sive a addtional evidence such as Presi Proclamation, Executive Order, Fores!) Admizstatve Order, stein erified Tor, If for any reson, any roquired paps/document cannot be tind an explanation why the seme cant be obiined shouldbe submited, andthe name of parson having cusiody thereof It ‘mus be sussed tut unless the required court action is instituted, Ui these reported ces of illegal tiling would remain meee once documentation is completed, the CENRO/PENRO ‘concer al ns the ndvialfolrtecord of each eae to the Asisaat Regional Director (ARED) Tor Legal for Proparton of the complaint. The case record’ should be in cordance withthe format stached hereto as ANNEX *A" DOCUMENTATION OF THE CASE This fers tothe determination of availability and collation of papers, sod aad ofr Gocumentsneceseery 10 support the envi. Involved inthis phase the getbering ofthe folowing asic paerldoccments showing how the tle wa issued to Wit Public land splistion ied for dhe Land the tte of whichis to be canal ‘Anpoval ofthe eppliation; Order of isruanos oF patent Pata sue Tn case the land was involved in claims and confit, the protest The repot of investigation conducted. relative to laims/onies Cente copies ofthe orginal ceteate of tide (OCT) issued by vite of the patent and all devasve tiles emanating therton do documents supporting them caust be secured from te Regis of Deeds conceraod: tere is ay dou sf the classifieation ofthe land, a final Feld verfcaton should be onder’ and s report thereon shall tegoialy tt the elasifistion thereof by LC. Map No, Projet No, Block No, Dae of Cerfeston, Copies of L.C aps ang oer survey reeodepapers such i eedtifeation of ssusllsietion must be aad tthe repr. COMPLAINT CCnctlton or annulment of le and reversion have been mitral of significant both tread on the same causes of action and prodce he sme results Iris tobe noted that ia Repl v, Animas, 56 SCRA 25 it was held that “the dofense of Indefesibiy of a covicate of tie sued pursant oa fee patent does act ie aginst thes in ‘acon far reversion of te land covered there whe such ad ‘spat ofa ble foes or a forest esreation If there ie sufficient ground and evidence 19 support the complaint he santo may now be propired adhering as much a6 posible othe format ached hereto a annex "B complaint sor cancllstiowannsiment of te bas on patent must set forth he ground/eason Gerefor which may be any fF combination ofthe flowing 1, The defendant has not ossapied, possessed and ealtvate the land applied for the egued period of time in tho concept of cnner tnd in the manner requted by law, meaning, openly, Publis, notoriously, consnvonsly and adversely ia cases of ‘The land ed in favor of efendant has not been esi as lioable and disposable sod is therefore stil within the sacle ze ‘The lend in question is forest or tnberlan ‘Ta and in question is peta a malty orev reseration “The land in question ie» foreshore or swarplan: ‘The land spr of tavigabl iver, seams or eee, The lind is part of set or publi highway” ‘The lad in question ie alendy covered by previous te which esi sisting and on fle withthe rei(2) The spplichot sso. abso’ te ioe an ic (ave whch could separ tod enone det Rise #450 nd oe - io’zmegnmot Belen sien tate cnet eden of eepplne : AT defeses ets proce toh: ad an sisenesnat J 12, eben cover 0 pr of expend se tog boat ya vais ofall sve “13. ‘That ‘the “aequisition,“sconveyance, alienation, transfer or mtn sini of Sets 7 3, ytd 13 Fe PabteLand Act EVIDENCE IN CANCELLATION OF TITLE REVERSION SUIT 1. Presidential proclamation, Exceuive Ord esrving the land as forest reserve, military resevaton, naoon! park and ‘wateshod, ces 2. Land classification maps, ceifemion of proper authorities, (Order of telease ‘asued by Department Seoreiy, Foray ‘Adminisvatve Onder, cadesval_mape_ showing navigable ‘vers sueams ad ccs, set and public highs) 5. Map of reservation showing relive porion of the land in sgueston:, 4. Investigation report of land investgnor ad ater competent officisindeating or sting the moe character of land as "foreshore swamp ormars, cs 5. Testimonial evidence of invexigalo or competent witness who personally knows the fs, 6. The application, order of approval order of suave of patent, ‘xgislcorficate of tile sued and derivative tle, 7. Contracts; conveyances, documents of abnstio, subdivision ‘laos end survey tsed indiatng expansion nes, All papers, documents, maps, plans, contract submited as evidence mu be duly cried by suber oficial + Assn athe compli ised th corresponding ease Tord sal be Sanwa oe Reioa! Distr concerted for gate of he Veifeaion an anata ofthe case to the Ofie of the Sotctr though te Asi Secretary fr Lens ad Chair of Task Free AtFake Tiles for fl tvs tnd (Gai) ANTONIO H. CERILLES. Recommending Approval (Sed) PAULA DEFENSOR Assistant Secretary [ands and Legit Aire ‘Chat, isk Free Ani-Fake snd Mega Tides