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INTERNAL MEMORANDUM

FOR

The Director

THRU

The Chief, Forest Resources Management Division


The Chief, Community Forest Section
The Chief, Interim Legal Office

FROM

The Investigation Team

SUBJECT

INVESTIGATION ON THE ALLEGED SELLING AND


RESURVEY OF LOTS WITHIN THE CBFM AND CADT
AREAS IN SAN ISIDRO, SAN JOSE DELMONTE CITY,
BULACAN

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.

On 8 April 2016, an exit conference was conducted at the Regional Office


of DENR Region III.
Issues:
1. Whether illegal selling of lots within CBFM areas exist in the subject
area.
2. Whether illegal surveying activities are conducted in the subject area.
Comments and Observations:
After conducting a thorough investigation on the issues at hand the team
observed the following, to wit:
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.
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;

If the director is inclined to agree, attached herewith are draft Complete


Staff Work (CSW) for the Undersecretary for Field Operations, draft
Memorandum for the Undersecretary for Field Operations and Memorandum
for the Regional Director of DENR Region III for consideration and signature.
For information, consideration and further instructions, if any.

FOR. LUZ MARIA LANSIGAN


SFMS
Community Forestry Section

FOR. MA, THERESA BAILON


DMO II
Community Forestry Section

PETROVICH B. TAMAG
Technical Assistant II
Interim Legal Office

INVESTIGATION ON THE ALLEGED SELLING AND RESURVEY OF LOTS


WITHIN THE CBFM AND CADT AREAS IN SAN ISIDRO, SAN JOSE
DELMONTE CITY, BULACAN
In compliance to DENR Special Order No. 2016-95 dated 26 February
2016, a composite team composed of Kryshlaine T. Raquel from the Office of
the Undersecretary for Field Operations; Luz Maria S. Lansigan, Ma. Theresa
G. Bailon and Petrovich B. Tamag from the Forest Management Burea;
Emmanuel B. Penson Jr. from DENR Region 3 Regional Office; Rodolfo L.
Abrazaldo from PENRO Bulacan; and Noveliza G. Domingo from CENRO
Tabang was formed to conducted an investigation on the above subject from
April 5 to 8, 2016.
The investigation was spurred as a result to the dialogue with Alyansa ng
Magbubukid sa Bulacan (AMB) on 20 January 2016 at the DENR Central
Protocol Office informing the DENR Central Office that illegal selling and
resurvey of lots within CBFM and CADT areas in San Isidro, Bulacan, San Jose
del Monte, Bulacan are present in the area.
Thus, listed below are the issues to be resolved through the investigation:
3. Whether illegal selling of lots within CBFM areas exist in the subject
area.
4. Whether illegal surveying activities are conducted in the subject area.

METHODOLOGY

Participated in a dialogue with representatives from the DENR Region III


Field Office, PENRO Bulacan, CENRO Tabang, NCIP Bulacan, Maranat
Environmental Society and Local Government Unit concerned;
Conducted interview with Mr. Manny Casaljay, PO President of Samahan
ng Malayang Magsasaka sa Karahume at Balagbag, Inc. (SAMAKABAI),
and Marcelino San Jose, Chieftain of Katutubong Dumagat;
Conducted brief site visit in the CBFMA area of SAMAKABAI; and
Conducted review of available documents from DENR Region III Field
Offices relative to the issues being resolved.

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:

The status of CADT issued in the subject area;


The update report and actions taken by DENR Region III on the
issues and concerns raised by Alyansa ng Magbubukid sa
Bulacan (AMB) indicated in their Memorandum dated 24 March
2016;
The history of the transfer of titles from the family of Puyat to
Villar and to Bangko Sentral ng Pilipinas (BSP); and
The date of issuance of the CBFM and the date of registration of
the title of BSP.

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 Katutubong Dumagats are aware that representatives of AMB


went to the DENR Central Office to discuss the issues mentioned
above. They clarified that the persons who represent themselves as
indigenous people are only using their without their consent and
they are not members of the Katutubong Dumagat in the subject
area. They also confirmed that Tinay, the alleged leader
representatives of AMB who went to DENR Central Office is not a
Dumagat;

The Katutubong Dumagat is an NGP beneficiary within the subject


area;

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

The number of informal settlers in the subject area increased when


they learned that the BSP was offering to buy the lots from the
occupants.

Likewise, an interview with SAMAKABAI President, Manny Casaljay, was


also conducted. The questions revolved in probing Mr. Casaljays knowledge on
the issue of alleged illegal selling and resurvey of lots within their CBFM area.
In the interview he stated that:

He is aware that illegal selling and resurvey of lots within their


CBFM area occur but it was not readily brought into his attention
until some of the members have already sold portion of lots within
the CBFM area;
Transfer of CSC to non-relatives of CBFM members has also been
made but supported through issuance of a resolution;
SAMAKABAI is a NGP beneficiary of CY 2014 with a development
area of 61 hectares and currently under a contract with GSIS until
2017; and
Restrictions by the BSP in the subject area that have been
resurveyed poses threat to the movement of the projects within the
CBFM area; and
Mr. Casaljay is willing to assist in the conduct of the suggested
joint delineation by the DENR and BSP to settle the conflict on the
boundaries of both agencies within the CBFM area;

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.

Photos showing: A. Courtesy Call conducted in PENRO Bulacan; B.


Interview with the Chieftain and Dumagats; C. Interview with the PO
President of SAMAKABA

General Observations:

Listed below are the general observations and important information


gathered in the conducted investigation, to wit:
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 thirdparty defendant Optimum Development Bank due to some technicalities.
RECOMMENDATIONS
Foregoing considered, 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;
Attached herewith are the certified true copies of the 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 your reference.

FOR. LUZ MARIA LANSIGAN


SFMS
Community Forestry Section

FOR. MA, THERESA BAILON


DMO II
Community Forestry Section

KRYSHLAINE RAQUEL
Technical Assistant II
DENR Field Operations Office

PETROVICH B. TAMAG
Technical Assistant II
Interim Legal Office

MEMORANDUM
FOR

FROM
SUBJECT

The Undersecretary for Field Operations


:

The Director

REPORT ON THE CONDUCTED INVESTIGATION ON THE


ALLEGED ILLEGAL SELLING AND RESURVEY OF LOTS
WITHIN THE CBFM AND CADT AREAS IN SAN ISIDRO,
SAN JOSE DEL MONTE CITY BULACAN

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.

RICARDO L. CALDERON, CESO III

MEMORANDUM
TO

The Regional Director


DENR Region 3, Pampanga City

FROM

The Undersecretary for Field Operations

SUBJECT

REPORT ON THE CONDUCTED INVESTIGATION ON THE


ALLEGED ILLEGAL SELLING AND RESURVEY OF LOTS
WITHIN THE CBFM AND CADT AREAS IN SAN ISIDRO,
SAN JOSE DEL MONTE CITY BULACAN

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

For strict compliance.

DEMETRIO L. IGNACIO, JR, CESO I

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