04/02/2020
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leased area is portion of PMD 5338 reverting it to the category of Forest Land.
However, no Forestry Administrative Order issued. x x x[30]
Thus, on August 15, 2002, Sec. Alvarez issued an order cancelling FLGLA No. 542
and subjecting the area under the DENR's authority pending final distribution to the
concerned communities by the National Commission on Indigenous Peoples (NCIP)
or the COSLAP.[31]
Petitioner filed a motion for reconsideration of the order of cancellation. In an order
dated November 21, 2002,[32] Sec. Alvarez denied the motion for reconsideration
and affirmed the order of cancellation dated August 15, 2002.
On November 22, 2002, Sec. Alvarez issued a memorandum to the Regional
Executive Director of DENR Region XII, in Koronadal City, to implement the four
recommendations of the COSLAP contained in its Order dated August 3, 1998; and
issue the corresponding survey authority.[33]
On November 26, 2002, Community Environment and Natural Resources Officer
(CENRO) Andrew B. Patricio Jr. sent a letter to petitioner, advising him to vacate and
remove all improvements in the area within 10 days from receipt of the letter.[34]
On even date, CENRO Patricio sent another letter which amended the first letter and
advised petitioner to vacate the land immediately, instead of within 10 days as
earlier advised.[35]
On November 27, 2002, CENRO Patricio issued an Installation Order, which directed
the immediate installation and occupation of the area, covered by the cancelled
FLGLA No. 542, by the private respondents' indigenous communities.[36]
On December 3, 2002, petitioner filed a petition for certiorari before the CA,
docketed as CA G.R. SP No. 74166, praying for the annulment and setting aside of
the orders of the public respondents, enumerated as follows:
1) The Order dated August 15, 2002 by Sec. Alvarez, which cancelled the
FLGLA No. 542 issued to petitioner;
2) The Order dated November 21, 2002 by Sec. Alvarez denying
petitioner's motion for reconsideration of the order of cancellation;
3) The Memorandum dated November 22, 2002 by Sec. Alvarez which
orders Regional Office XII of the DENR to implement COSLAP's
recommendations and to issue the corresponding survey authority;
4) The two Letters dated November 26, 2002 of CENRO Patricio ordering
petitioner to immediately vacate and remove improvements in the subject
area.
5) The Installation Order dated November 27, 2002 of CENRO Patricio
authorizing the installation and occupation of the subject area by private
respondents.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/46133
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