04/02/2020
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When the decision of the Court attained finality, private respondents filed a motion
for execution of the COSLAP's decision. Petitioner filed his opposition to the motion.
On July 29, 2002, the COSLAP issued a writ of execution of its decision, wherein it
ordered the Secretary of the DENR to implement the August 3, 1998 decision as
affirmed by the Supreme Court.[26]
In a memorandum dated October 19, 2001, the Secretary of the DENR Heherson
Alvarez (Sec. Alvarez), upon receipt of the writ of execution and before cancelling
FLGLA No. 542, ordered the Office of the Regional Executive Director of DENR
Region XII, in Koronadal City, to conduct a review and investigation of FLGLA No.
542.[27] In compliance, the Officer in Charge (OIC)- Regional Executive Director
conducted an investigation and review of the lease under the said FLGLA. One of the
participants in the investigation was a representative of petitioner. [28] Following the
investigation, the team released its report,[29] dated February 13, 2002, which
found violations by petitioner of the terms of the FLGLA, as follows:
1. Failure to establish a food production area within the leased area;
2. Failure to undertake forage improvement within the leased area;
3. Failure to pay the full and or on time Annual Rental/User's Fee/ Government
Share pursuant to section 28 and 29 of DAO No. 99-36 dated August 10, 1999
Re: Revised Rules and Regulations Governing the Administration, Management,
Development and Disposition of Forest Lands Used for Grazing Purposes.
Instead the lessee pay (sic) a partial payment of Php18,566 per O.R. [No.]
9640117 dated December 29, 2000 and Php147,680 per O.R. [No.] 9640246
dated February 1, 2001.
4. The 7-years (sic) Grazing Management Plan for CY 1987-1993 of the said
lessee was expired. During our investigation, the lessee had failed to present
the revised 7-years [sic] Grazing Management Plan for CY 1994-2000 and
thereafter pursuant to item No. 23 of the aforesaid contract.
5. Annual report for year 2001 submitted by the lessee revealed that cattle stock
of the leased area is only 249 heads; however, the investigation team
observed that there were an excess of cattle stock present in the grazing area.
The said excess cattle were (sic) allegedly came from [an] adjacent ranch own
(sic) by Alejandro Alcantara.
6. The team noticed the presence of squatters within the leased area by [a]
certain Asonto et al. and Jumawan et al.
7. FLGLA no. 542 having [sic] an area of 923 hectares which exceed to (sic) the
limit of 500 hectares for individual holder [sic] pursuant to Section 3 Article XII
of [the] 1987 Philippine Constitution as implemented by DAO No. 99-36 series
of 1999.
8. Pursuant to Memorandum dated December 5, 2001 of the team leader Wahid
Amella of CLCSI No. 6 the 478.08 hectares out of the 923 hectares of the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/46133
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