nuary 18, 1993 DENR ADMINISTRATIVE ORDER NO. 03 SUBIRCT : SUPPLEMENTARY GUIDELINES IN THR DISPOSITION OF PINDANGAN ESTATE, ALCALA, PANGASINAN Vor a more effective and orderly implementation of the Resolution of the Supreme Court, dated May 15, 1980, in G. R. No. L-21062, entitled “Cabonitalia, et. al, V8. Santiago, et. al. the dispositive portion of which is herennder quoted “ACTING on the report submitted by June Rosalio C. Segundo of the cout of First Instance of Pangasinan, Hranch V. dated August 20, 1979, (agended on April 30, 1980) recomnnending one of the two alternatives, namely ; thal the matter be entirely placed on the ‘ap of the Bureun of Lands to avoid a protected proceedings in Court of the land in controversy be “placed xx under Ind reform” pursuant to PD, No, 27; and CONSIDERING that there are 362 peiitioners herein; that a Special Commitee of the Bureau of Lands, constituted on April 18, 1973 to determine the actual occupants of the fand, has submitted a comprehensive report dated December 8, 1973, with recommendations for the equitable adjudication and distribution of the land in question to ceitimate occupants and claimants” “Ihe Cowt RESOLVED. with the end in view of a speedier determination of these and disputes, to consider the case definitely terminated, ‘The Director of Lands, with the ‘Spproval of the Minister of Agriculture (now Secretary of the Department of Environment and Natural Resources) shall determine the adjudication and distribution of the land in ‘question to legitimate occupants and claimants.” (Underscoring, and Bracketing, supplied) and fo expedite the termination of the controversy over the 491 hectares of lund Imowmn as the “Pindanean Estate” im Alcala Pangasinan, which 1s covered hy ‘TCE No, 151 issued im the name of Cristina Gozales as foreclosed in November 22, 1922, the following supplementary guidolines in the disposition of the suixiivision lots comprising the estate are hereby issued for the information and guidance of all concerned : 1. The equitable distribntion to legitimate occupants and claimanis shail be the primary consideration in the disposition of the Pindangan Listalo ; 2. The Community Environment and Natwal Resourees Office (CENRO) concerned shall make an inventory of the status of the subdivision lots, and shall submit to the Director of the Lands Management Bureau (LMB) the corresponding listr indicating therein the following :2.1 Land use - lot classification as to whether it is agricultural, residential, ‘commerciai/industrial, etc. : 2.2. Ifthe application has already been file 2.3 Name of the applicant ; 2.3.1 Claimants/Occupants incinded in the list of 178 named occupants submitted by former DLO Pedro A. Asensi shall be properly unnotated. 2.3.2. Lets occupied by two or more persons both claiming preferential rights may be divided «anong thems or may be properly annotated for investigation as case of claim and contlict The subdivision lots, if agricultural, shall be disposed of in the manner and subject to the limitations prescribed in Chapter V and V1 of the Public Land Act (Commonwealth Act No. 141, 98 amended) and if non-nerienihwral, in conformity with the provisions of Chapter IX of the same Act entitled “Classification and Concession of Public Lands Suitable for Residence, Commerce and Incustry” as prescribed in Section 2 of Act 3038, 2.1 Non-disposable areas, such as streets, schoolsite, public plaza, ete., reflected in the subdivision pian of the estate shall be disposed of Processing of application. - Applications for uncontested lots already filed with the CENRO concerned shall be immediately given due course in accordance with existing rules and regulations governing the sale of public lands. Ih the exercise of this fimction, the CENRO shall give prefirence to bona fide residents of Barangay Pindangan, Aleala, Pangasinan, particularly those 178 occupants previously named in the fist of former DLO Pedro Y. Asensi, and who aust establish the following qualification 4.1, He musi a Filipino citizen, ot legal uge and/or hed of the Family: 4.2 Tle must have filed his sales application for the subdivision lot (s) in the ‘Burean of Lands as of 1950; 4.3. Tle must have been issued a provisional permit to occupy the same ; 4.4 Tle mst be a professional squatter, A professional squatter, for the purpose of this guidelines, is one who engages in selling lots in the area of speculationConsidering, the intent of the Supreme Court Resolution, approval of the spraised value of the land, the authority to conduct bidding, and the issuance of the final deed of conveyance shail be done by the Lands Managemeni Bures. 3.1. The Director of the Lands Management Burem (LIMB) shaii have anthority to cancel or reject any of all applications, which do not conform to the foregoing requirements. When the and applied for has been abandoned for a period of one (2) year or more, it shall be declared vacant. For with, the land shall be dectared available for disposition by sale thru oral bidding following existing rules and regulations, 5.11 The order of rejection or cancellation may be appealed by the person adversely affected, to the Secrotwy of environment and Natural Resources within filleen (15) days irom receipt thereof. AIL oases involving conflict of applications or protest against public Jand ‘applications shuli be investigated by the CENRO in accordance with PD 1508, L.O.L No. 1314 and LOC No. 68, and the corresponding report to be submitted to the corresponding report to be submitted to the Director of LMB resojution foliowing exisiing ries and repulations 6.1 Since possession cannot be recognized at the samne time in two different personalities except in the case of co-ownership, 2 question is bound to se regarding the fact of possession. Accordingly, this issue should be revolved bused on the following eriteria. 6.1.1. ‘The present and undisputed possessor shall be preferred ; 6.1.2. Ihave are two or more possessors the provision of Par. 2.3.2. shall apply, 6.1.3. An application shall only be entitled to own one residential lot not to exceed one thousand (1,000) square meters and one Farmlot not to exceed five (5) hectares, 6.14, pone in excess of the limits provided herein shall be segregated bby land survoy and disposed of by safe thru oral bidding undor the sales application to be filed by claimants included in the list of 178 occupants ordered to be restored pursuant to the 1962 Supreme Court Decision, in G. K. No. 14591, if there are any, or by any qualified applicant,6.2. It shail be the responsibility of the CENRO lo enioree and adopt adequaic mcasure to prevent the entry of squatters in the arca, In the performance of ite duty, the CENRO may avail of tho assistance of law enforcement arencies, ‘Any applicant fora lot within the Estate who may be able to fink his possession to anyone of the 178 occupants named in the list of former DLO Pedro Y. Asensi, either as heir or transferee in good faith, may continue the sales application tfus filed subject to the area limitation prescribed in these guidelines. herewith are hereby revoked or All Order and other issuances inconsist modified accordingly. ‘This Order shal! tuke effect immediately. (SGD.) ANGEL C. ALCALA Secretary