Mahinog, Camiguin, December 20, 2012 - THE Local Government Unit of Mahinog won the unlawful
occupation case filed against the remaining 23 households living in Mantigue
island, after the Municipal Circuit Trial Court (MCTC) of Mahinog found all
accused guilty of violation of Section 69 of Presidential Decree No. 1559
amending PD 705 or Revised Forestry Code of the Philippines .
In 18-page decision promulgated this morning December 20,
2012 penned by MCTC Judge Eduardo E. Chan, the trial court found all the
remaining residents in Mantigue island "guilty beyond reasonable doubt" and
sentenced all the accused to suffer the penalty of six months imprisonment and
pay a fine in the amount of P1,000.00.
All the accused are further ordered evicted from the island,
the court declared in its Decision.
This, after the LGU Mahinog represented by Mayor Alex R.
Jajalla with the coordination of the office of the DENR spearheaded a campaign
drive to free Mantigue island from illegal settlers and preserve the natural
beauty and richness of this 6.9-hectare island which is 20-minute boat ride from barangay San Roque in the municipality of Mahinog.
LGU officials claimed growing population in the area is the
primary cause of Mantigue
Island
Based on the records, in 1926, Mantigue island was already
declared as an unclassified public forest. In 1987 the island was declared
alienable and disposable until in 1998 when the Secretary of DENR issued a
reversion order declaring the island again as public forest land.
Citing the Regalian doctrine, the court said the classification
of Mantigue island remained a forest land belonging to the state which placed
the island “beyond the commerce of man.”
The court called it “inherently weak” accused defense of
prior occupancy that they are already living the island even before 1975.
Citing a Supreme Court decision in the case of Public Estates Authority v. Court of Appeals,
the court ruled “where the land is not alienable and disposable, possession of
the land, no matter how long, cannot confer ownership or possessory rights.”
The court declared although Mantigue island was declared
alienable and disposable in 1987, still, the occupants “did not acquire vested
right” to appropriate the area as their own.
The court stressed there was no evidence presented that
their predecessors applied for a free patent with the government to support
their private ownership over the portion they have occupied.
“Matters of private ownership call for proofs, it cannot be
assumed,” the court ruled.
The court said while it sympathizes with the
accused-occupants’ plight, it is bound to apply the law “strictly and
judiciously.”
“The law is harsh, but it is the law,” the court explained.
The accused has fifteen days to appeal the decision.
Of the 40 households living in the Mantigue island, only 17 households had agreed to move out from the island to the new relocation site offered by the municipal government. The 23 households who insisted not to leave the island are the accused in this case.
Of the 40 households living in the Mantigue island, only 17 households had agreed to move out from the island to the new relocation site offered by the municipal government. The 23 households who insisted not to leave the island are the accused in this case.
Yes, GEOGRAPHICALLY, the LGU of Mahinog or its Mayor may have the right or jurisdiction over Mantigue Island but LEGALLY it has relinquished its right or jurisdiction over it since it became a FORESTAL AREA because of Administrative Order No. 98-13 issued by DENR Secretary VICTOR O. RAMOS on March 16, 1998. Therefore, the island has reverted back to the State or the Philippine Government and it's only the Solicitor General or the DENR Secretary or the President of the Republic of the Philippines who can initiate a case against the Mantigue residents or 'squatters' because the island has reverted back to the State UNLESS the Mayor or LGU of Mahinog or the PENRO or the Provincial Prosecutor or the Court had a WRITTEN AUTHORITY from the above three people. It is not AUTOMATIC. What has been delegated to the three, by law, CANNOT be delegated automatically to anyone else except if with a WRITTEN AUTHORITY from the three. They, legally LACK JURISDICTION over Mantigue Island anymore.
ReplyDeleteIn other words, the actions rendered by the Mayor of the LGU of Mahinog, the PENRO, the Provincial Prosecutor and the courts had been VOID 'ab initio' thereby rendering the whole scenario NULL and VOID from the beginning of the litigation plus the fact that the LGU of Mahinog destroyed or demolished a DepEd-run and manned public primary school in the islet.
The Republic of the Philippines can question even final and executory judgment when there was FRAUD. Was there fraud when the eviction case was filed against the Mantigue residents? Your guess is as good as mine.
Yes, GEOGRAPHICALLY, the LGU of Mahinog or its Mayor may have the right or jurisdiction over Mantigue Island but LEGALLY it has relinquished its right or jurisdiction over it since it became a FORESTAL AREA because of Administrative Order No. 98-13 issued by DENR Secretary VICTOR O. RAMOS on March 16, 1998. Therefore, the island has reverted back to the State or the Philippine Government and it's only the Solicitor General or the DENR Secretary or the President of the Republic of the Philippines who can initiate a case against the Mantigue residents or 'squatters' because the island has reverted back to the State UNLESS the Mayor or LGU of Mahinog or the PENRO or the Provincial Prosecutor or the Court had a WRITTEN AUTHORITY from the above three people. It is not AUTOMATIC. What has been delegated to the three, by law, CANNOT be delegated automatically to anyone else except if with a WRITTEN AUTHORITY from the three. They, legally LACK JURISDICTION over Mantigue Island anymore.
ReplyDeleteIn other words, the actions rendered by the Mayor of the LGU of Mahinog, the PENRO, the Provincial Prosecutor and the courts had been VOID 'ab initio' thereby rendering the whole scenario NULL and VOID from the beginning of the litigation plus the fact that the LGU of Mahinog destroyed or demolished a DepEd-run and manned public primary school in the islet.
The Republic of the Philippines can question even final and executory judgment when there was FRAUD. Was there fraud when the eviction case was filed against the Mantigue residents? Your guess is as good as mine.