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Republic of the Philippines

MUNICIPAL TRIAL COURT

Xxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx,
Plaintiffs,

CIVIL CASE NO. _____


FOR:

-versusXXXXXXXXXXXXXXXXXXXXXX
X
Defendants.
x---------------- --------x

ANNULMENT OF TITLE
WITH DAMAGES

MANIFESTATION
The undersigned, in his capacity as OIC of CENRO
Aparri Office, unto this Honorable Court, most respectfully
submits this manifestation and alleges:
1. That the undersigned is the Officer-in-Charge of the
Community Environment and Natural Resources Office
(CENRO), an office of the Department of Environment and
Natural Resources (DENR) covering the area of Lasam to
Sta. Ana, Cagayan;
2. That the CENRO, being an office under DENR, is mandated to
conserve specific terrestrial and marine areas representative
of the Philippine natural and cultural heritage for present and
future generations;
3. That upon order of the Court, a resurvey and ocular
inspection of the lot subject of the forcible entry case
docketed as Civil Case No. _______ (Lot No. ______)was
conducted and it was found that the patent issued to the
defendants, particularly where the house of the plaintiffs is
located falls under paragraph I of Section 90 of the Public
Land Act which provides:
"(i) That the applicant agrees that a strip forty
meters wide starting from the bank on each side of
any river or stream that may be found on the land
applied for, shall be demarcated and preserved as
permanent timberland to be planted exclusively to
trees of known economic value, and that he shall not
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make any clearing thereon or utilize the same for


ordinary farming purposes even after patent shall
have been issued to him or a contract of lease shall
have been executed in his favor."1

Further, the land, which is the subject of controversy, is


covered by Paragraph 7 and 8, Section 16 of P.D. 705 which
provides:
Section 16. Areas needed for forest purposes. The
following lands, even if they are below eighteen per
cent (18%) in slope, are needed for forest purposes,
and may not, therefore, be classified as alienable
and disposable land, to wit:
7. Twenty-meter strips of land along the edge of the
normal high waterline of rivers and streams with channels
of at least five (5) meters wide;
8. Strips of mangrove or swamplands at least twenty
(20) meters wide, along shorelines facing oceans, lakes,
and other bodies of water, and strips of land at least
twenty (20) meters wide facing lakes;

4. That is well-settled that forest land is incapable of


registration and acquisition and its inclusion nullifies the
title;
5. That in order to properly discharge the mandate of the office
of CENRO and to protect the forest lands from being
exploited for private gain, the office of the CENRO is joining
the plaintiff in praying for the annulment of the title issued to
the defendants over Lot No. 4626 located at Aguiguican,
Gattaran, Cagayan.
WHEREFORE PREMISES CONSIDERED, it is most
respectfully prayed that the office of the CENRO, represented
by the undersigned, be allowed to join the Plaintiffs in the
above-entitled case.

1 Republic Act 1273, approved June 14, 1955


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