04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 414 Phil. 202 FIRST DIVISION [ G.R. No. 145838, July 20, 2001 ] NICASIO I. ALCANTARA, PETITIONER, VS. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, SECRETARY OF DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ANTONIO CERILLES, THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, ROLANDO PAGLANGAN, ET AL., RESPONDENTS. HEIRS OF DATU ABDUL S. PENDATUN, REP. BY DATU NASSER B. PENDATUN, AL HAJ., HEIRS OF SABAL MULA, AND GAWAN CLAN, REP. BY TRIBAL CHIEFTAIN LORETO GAWAN, INTERVENORS. DECISION KAPUNAN, J.: This is a petition for review on certiorari assailing the Decision of the Court of Appeals dated June 22, 2000 in CA-G.R. SP No. 53159[1] and its Resolution dated October 16, 2000 denying petitioner's motion for reconsideration. The facts of the case are as follows: Sometime in 1993, petitioner Nicasio Alcantara was granted Forest Land Grazing Lease Agreement No. 542 (FLGLA No. 542) by the Department of Environment and Natural Resources (DENR). Under said FLGLA, Alcantara was allowed to lease Nine Hundred Twenty-Three (923) hectares of public forest land at Sitio Lanton, Barrio Apopong, General Santos City for grazing purposes for a period of twenty-five (25) years to expire on 31 December 2018. As early as 1990, however, private respondent Rolando Paglangan together with Esmael Sabel and Lasid Acop filed a letter-complaint with the Commission on Settlement of Land Problems (COSLAP) seeking the cancellation of FLGLA No. 542 and the reversion of the entire 923 hectares to the B'laan and Maguindanaoan tribes. The case was docketed as COSLAP Case No. 98-052. Petitioner filed his Answer questioning the jurisdiction of the COSLAP over the case, since the dispute involved a claim for recovery of ancestral land. Petitioner claimed that the case should have been filed with the DENR since it is the latter which has jurisdiction to administer and dispose of public lands, including grazing lands. Notwithstanding petitioner's objection to the COSLAP's exercise of jurisdiction over the case, said body continued the hearings thereon. Petitioner alleged that COSLAP did not conduct formal hearings on the case, and that he was not notified nor given the opportunity to be present and participate in the field interviews and ocular inspections conducted by COSLAP.[2] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52426 1/6

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