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FOR
The Director
THRU
FROM
SUBJECT
DATE
Reference:
This refers to the DENR Special Order No. 2016-95 dated 26 February
2016, issued by the Undersecretary for Field Operations regarding the above
subject.
Facts:
On 20 January 2016, a dialogue with Alyansa ng Magbubukid sa
Bulacan (AMB) was conducted at the protocol office of the DENR Central Office
to resolve the alleged illegal selling and resurvey of lots within the CBFM area
of San Isidro and the role of Banko Sentral ng Pilipinas (BSP) on the alleged
illegal activity.
On 26 February 2016, a team was formed by virtue of DENR Special
Order No. 2016-95 to conduct an investigation regarding the alleged illegal
activities. The team is composed of the representatives from the Office of the
Undersecretary for Field Operations, FMB and DENR Region III.
On 5 April 2016, the team arrived at the Office of the PENR Bulacan and
participated in a dialogue with the PENRO Bulacan, CBFM Coordinator of
CENRO Tabang, representatives from NCIP Bulacan, City ENRO of San Jose
Del Monte, MENRO of Norzagaray and representatives of Maranat
Environmental Society. On the same day, the team went to the CBFM area and
conducted a clarificatory interview with the CBFM President and holders.
On 6 and 7 April 2016, the team conducted a data gathering activity to
clarify the boundaries of the CBFM areas and the titled lot of Banko Sentral
and prepared an initial draft of Complete Staff Work (CSW) and report.
paid by BSP with an agreement that they will leave the area immediately;
and
8. There is a pending appeal on the resolution of the Judge of Branch 21 of
Regional Trial Court of Bulacan in Civil Case No. 39-M-2011 involving
the subject property which granted the Motion to Dismiss in favor of the
third-party defendant Optimum Development Bank due to some
technicalities.
Attached herewith are copies of the unregistered CADT, certification of
CENRO Tabang, location map of the CBFM area from the Regional Office and
resolution of the Judge in Civil Case No. 39-M-2011 for reference.
Recommendations:
The team respectfully recommends the following, to wit:
1. Coordinate with the office of NCIP of Bulacan and request for a list of
authorized representatives of IPs in their jurisdiction;
2. The Field Offices concerned should conduct a Relocation Survey of
the CBFM area in San Isidro;
3. The Field Offices concerned should plot the titled properties of BSP
within San Jose del Monte, Bulacan in a map showing its boundaries
superimposed with the CBFM area and other tenurial instruments
present therein;
4. The Field Offices concerned should conduct a ground validation of the
developments introduced by the CBFM holders to ascertain the
necessity for rectification of the CBFM areas awarded to the holders;
PETROVICH B. TAMAG
Technical Assistant II
Interim Legal Office
METHODOLOGY
FINDINGS
On 5 April 2016 the team arrived to PENRO Bulacan and courtesy call
was immediately conducted. After the courtesy call a dialogue with the PENRO
Bulacan, CBFM Coordinator of CENRO Tabang, representatives from NCIP
Bulacan, City ENRO of San Jose Del Monte City, MENRO of Norzagaray,
representatives of Maranat Environmental Society and the Barangay Captain of
San Isidro was held at the same office which the team actively participated.
During the dialogue the team discussed briefly the purpose of the travel and
some relevant topics regarding the investigation, to wit:
On the same day the team went to the CBFM area of Sitio Karahume,
San Isidro, San Jose del Monte, Bulacan and conducted a brief interview with
the Katutubong Dumagats and their Chieftain, Marcelino San Jose. The
queries revolved on the topic whether they are aware of the fact that the
representatives of AMB went to the DENR Central Office to discuss the issues
regarding the alleged illegal selling and resurvey of CBFM and CADT area.
Upon answering the questions asked it was disclosed that:
The alleged selling and resurvey of lots within their CADT area
were actually occurring but they are not sure if there were any
selling of lots within CBFM area; and
After the interviews, the team conducted an initial site survey wherein a
GPS reading on one of the reference point of the CBFM area was taken to
overlay on the CBFM area map.
General Observations:
KRYSHLAINE RAQUEL
Technical Assistant II
DENR Field Operations Office
PETROVICH B. TAMAG
Technical Assistant II
Interim Legal Office
MEMORANDUM
FOR
FROM
SUBJECT
The Director
DATE
:
___________________________________________________________________________
In order to assess the veracity of the issues reported by the Alyansa ng
Mambubukid sa Bulacan (AMB) last 20 January 2016 at the Protocol Office
through a dialogue regarding the alleged selling and illegal resurvey of lots
within the CBFMA and CADT areas in San Isidro, Bulacan, a team, composed
of representative from the DENR Central Offices (Office of the Undersecretary
and Field Operations and Forest and Management Bureau) and DENR Region 3
Field Offices (Regional Office, PENRO Bulacan and CENRO Tabang), was
tasked to investigate on the aforementioned allegations.
Listed hereunder are the highlights and information gathered by the
team in the investigation last 5-8 April 2016:
1. The representatives of AMB that went to the Central Office for a dialogue
are not members of Katutubong Dumagat, a group of indigenous people
in the subject area according to their Chieftain, Marcelino San Jose and
the NCIP Chief of Bulacan Province, Regina P. Panlilio;
2. Records revealed that the CADT that covers the subject area is not
registered before the office of the Land Registration Administration (LRA)
as per certified true copy of the subject CADT and as confirmed by the
NCIP Chief of Bulacan Province, Regina P. Panlilio;
3. Some portions of the developments introduced by the P.O. members are
outside the CBFM area as per location map provided by the Regional
Office;
4. Titled properties of the Bangko Sentral ng Pilipinas (BSP), relative to
issues at hand, are all located in Brgy. Sto. Cristo, San Jose del Monte,
Bulacan as per certification of CENRO Tabang dated 8 October 2015;
5. The Regional Office failed to provide a location map of the titled
properties of BSP in San Jose del Monte, Bulacan, as requested by the
team because of certain incompatibilities in the instruments used in
plotting maps;
6. The alleged illegal selling of CBFM areas according to the CBFM
President, Mr. Manny Casaljay was actually a scheme adopted by the
BSP where they offer to buy the developments introduced by the CBFM
holders outside their CBFM area and allegedly within their titled
property to eject the occupants thereto;
7. According to the CBFM President, Mr. Manny Casaljay, representatives of
BSP are conducting resurvey activities in areas where the CBFM holders
introduced their developments, afterwhich the holders were allegedly
paid by BSP with an agreement that they will leave the area immediately;
and
8. There is a pending appeal on the resolution of the Judge of Branch 21 of
Regional Trial Court of Bulacan in Civil Case No. 39-M-2011 involving
the subject property which granted the Motion to Dismiss in favor of the
third-party defendant Optimum Development Bank due to some
technicalities.
Foregoing considered, the investigation team respectfully recommends
the following:
1. Coordinate with the office of NCIP of Bulacan and request for a list of
authorized representatives of IPs in their jurisdiction;
2. The Field Offices concerned should conduct a Relocation Survey of
the CBFM area in San Isidro;
3. The Field Offices concerned should plot the titled properties of BSP
within San Jose del Monte, Bulacan in a map showing its boundaries
superimposed with the CBFM area and other tenurial instruments
present therein;
4. The Field Offices concerned should conduct a ground validation of the
developments introduced by the CBFM holders to ascertain the
necessity for rectification of the CBFM areas awarded to the holders;
Attached is a detailed report of the team for information. Also attached is
a draft Memorandum for DENR Region 3 forwarding the result of the
investigation including recommendations and follow up actions for your
consideration.
MEMORANDUM
TO
FROM
SUBJECT
DATE
:
___________________________________________________________________________
This pertains to the investigation conducted by representatives from the
DENR Central Field Operations Office, Forest Management Bureau (FMB), from
your Office, from PENRO Bulacan and CENRO Tabang last April 5-8, 2016 in
Brgy. San Isidro, Bulacan regarding the alleged illegal selling and resurvey of
lots within their CADT and CBFM areas.
Please be informed that as per the findings of the investigating team the
selling and resurvey of the lots within the CADC and CBFM areas are present,
although the legality of the said activities are yet to be ascertained. Hence,to
shed light on the issues at hand, you are hereby instructed to:
1. Conduct a Relocation Survey of the CBFM area in San Isidro, San Jose
del Monte Bulacan;
2. Generate a map showing the area of the titled properties of BSP within
San Isidro, San Jose del Monte, Bulacan superimposed with the CBFM
and other tenurial instruments present therein;
3. Conduct a ground validation of the developments introduced within the
CBFM area to ascertain the necessity for rectification of the CBFM areas
awarded to PO; and