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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-2001 Jurisprudence                 

  • A.M. No. MTJ-99-1188 July 2, 2001 - JOSE E. GURAY v. FABIAN M. BAUTISTA

  • A.M. No. P-01-1481 July 5, 2001 - RCBC v. NOEL V. QUILANTANG

  • G.R. No. 135199 July 5, 2001 - CRISOSTOMO MAGAT, ET AL. v. ALBERT M. DELIZO, ET AL.

  • G.R. No. 141285 July 5, 2001 - CEBU INSTITUTE OF MEDICINE, ET AL. v. CEBU INSTITUTE OF MEDICINE EMPLOYEES’ UNION

  • G.R. No. 141947 July 5, 2001 - ISMAEL V. SANTOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144275 July 5, 2001 - NATIONAL HOUSING AUTHORITY, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. 97-2-53-RTC July 6, 2001 - RE: FERDINAND J. MARCOS

  • G.R. No. 132318 July 6, 2001 - PEOPLE OF THE PHIL. v. FERNANDO F. MUERONG

  • G.R. No. 134114 July 6, 2001 - NESTLE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134779 July 6, 2001 - PEOPLE OF THE PHIL. v. HERSON FLORAGUE, ET AL.

  • G.R. Nos. 137608-09 July 6, 2001 - PEOPLE OF THE PHIL. v. REMEGIO TAGANNA

  • G.R. No. 143375 July 6, 2001 - RUTH D. BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131856-57 July 9, 2001 - PEOPLE OF THE PHIL. v. WILLIAM MONTINOLA

  • G.R. Nos. 85494, 85496 & 195071 July 10, 2001 - CHOITHRAM JETHMAL RAMNANI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126166 July 10, 2001 - PEOPLE OF THE PHIL v. ALLAN TEJADA

  • G.R. No. 133928 July 10, 2001 - PEOPLE OF THE PHIL. v. NECESARIO HIJAPON, ET AL.

  • G.R. No. 136267 July 10, 2001 - PEOPLE OF THE PHIL. v. FIDEL ABRENICA CUBCUBIN, JR.

  • G.R. Nos. 142801-802 July 10, 2001 - BUKLOD NG KAWANING EIIB, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • A.M. No. MTJ-00-1253 July 11, 2001 - KIAT REAPORT, ET AL. v. EFREN S. MARIANO

  • A.M. No. P-01-1452 July 11, 2001 - FERMA C. PORTIC v. MARIO B. LOPEZ, ET AL.

  • G.R. No. P-01-1479 July 11, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. RUBEN B. ALBAYTAR

  • G.R. No. 104802 July 11, 2001 - AURELIA S. LLANA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 108301 & 132539 July 11, 2001 - MANILA ELECTRIC COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 108346 July 11, 2001 - MARIANO Z. VELARDE, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135210 July 11, 2001 - COMMISSIONER OF INTERNAL REVENUE v. ISABELA CULTURAL CORP.

  • G.R. No. 137050 July 11, 2001 - PEOPLE OF THE PHIL. v. GEORGE CORTES

  • G.R. No. 137891 July 11, 2001 - PEOPLE OF THE PHIL. v. JESUS PATRIARCA

  • G.R. No. 140365 July 11, 2001 - CESAR P. UY, ET AL v. VICTORINO P. EVANGELISTA, ET AL.

  • G.R. No. 140974 July 11, 2001 - RAMON ORO v. GERARDO D. DIAZ

  • A.M. No. MTJ-01-1349 July 12, 2001 - BERNADETTE MONDEJAR v. MARINO S. BUBAN

  • G.R. No. 101974 July 12, 2001 - VICTORIA P. CABRAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 102313 July 12, 2001 - R. F. NAVARRO & CO. v. FORTUNATO A. VAILOCES, ET AL.

  • G.R. Nos. 102696, 102716, 108257 & 120954 July 12, 2001 - ALBERTO LOOYUKO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104223 July 12, 2001 - TIBURCIO SAMONTE v. COURT OF APPEALS, ET AL.

  • G.R. No. 104383 July 12, 2001 - PEOPLE OF THE PHIL. v. VALERIANO AMESTUZO, ET AL.

  • G.R. No. 112590 July 12, 2001 - STATE INVESTMENT HOUSE v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131638-39 July 12, 2001 - PEOPLE OF THE PHIL. v. LORETO D. MEDENILLA

  • G.R. No. 138737 July 12, 2001 - FINMAN GEN. ASSURANCE CORP., v. COURT OF APPEALS, ET AL.

  • G.R. No. 138576-77 July 13, 2001 - PEOPLE OF THE PHIL. v. JIMMY JACOB

  • A.M. No. MTJ-00-1322 July 17, 2001 - RENATO H. SANCHEZ v. GEMINIANO A. EDUARDO

  • A.M. No. P-01-1484 July 17, 2001 - JOSE R. ASTORGA v. NICOLASITO S. SOLAS

  • G.R. Nos. 103550 & 103551 July 17, 2001 - PEOPLE OF THE PHIL v. ROMERICO PORRAS

  • G.R. No. 133814 July 17, 2001 - PEOPLE OF THE PHIL. v. ANDRES ORTIZ

  • G.R. Nos. 134540-41 July 18, 2001 - PEOPLE OF THE PHIL v. DIONISIO BATALLER

  • G.R. Nos. 109559 & 109581 July 19, 2001 - BERNARDO P. ABESAMIS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111535 July 19, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO CAMPOS

  • G.R. Nos. 113255-56 July 19, 2001 - PEOPLE OF THE PHIL. v. ROMEO S. GONZALES

  • G.R. No. 125698 July 19, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO E. HAPA, ET AL.

  • G.R. Nos. 128153-56 July 19, 2001 - PEOPLE OF THE PHIL. v. VICENTE P. BUISON

  • G.R. No. 131216 July 19, 2001 - LEONARDO A. QUISUMBING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132177 July 19, 2001 - JOSE F. CAOIBES v. OMBUDSMAN, ET AL.

  • G.R. No. 133190 July 19, 2001 - PEOPLE OF THE PHIL. v. SANTOS LOR

  • G.R. No. 135145 July 19, 2001 - PEOPLE OF THE PHIL. v. RAYMOND G. MAXION

  • G.R. No. 137545 July 19, 2001 - TERESITA D. GAITE v. COURT OF APPEALS, ET AL.

  • G.R. No. 139789 July 19, 2001 - POTENCIANO ILUSORIO, ET AL. v. ERLINDA K. ILUSORIO BILDNER, ET AL.

  • G.R. No. 139967 July 19, 2001 - PEOPLE OF THE PHIL. v. MANUEL TALAVERA

  • G.R. Nos. 141011 & 141028 July 19, 2001 - CITYTRUST BANKING CORP. v. ISAGANI C. VILLANUEVA

  • G.R. No. 144179 July 19, 2001 - PEOPLE OF THE PHIL. v. RAMSHAND C. THAMSEY

  • A.M. No. MTJ-01-1350 July 20, 2001 - LORENZO PASCUAL, ET AL. v. CESAR M. DUMLAO

  • G.R. No. 110263 July 20, 2001 - ASIAVEST MERCHANT BANKERS (M) BERHAD v. COURT OF APPEALS, ET AL.

  • G.R. No. 117187 July 20, 2001 - UNION MOTOR CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120176 July 20, 2001 - MA. VALENTINA SANTANA-CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 124442 July 20, 2001 - PEOPLE OF THE PHIL. v. ARMANDO S. COMPACION

  • G.R. No. 132926 July 20, 2001 - ELVIRA AGULLO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 133580 July 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO GENEBLAZO

  • G.R. Nos. 135030-33 July 20, 2001 - PEOPLE OF THE PHIL. v. MERCY LOGAN

  • G.R. No. 135666 July 20, 2001 - PEOPLE OF THE PHIL. v. MELCHOR B. GARCIA

  • G.R. No. 135865 July 20, 2001 - NAGKAKAISANG KAPISANAN KAPITBAHAYAN SA COMMONWEALTH AVE. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138501 July 20, 2001 - PEOPLE OF THE PHIL. v. ERNESTO M. LAXA, ET AL.

  • G.R. No. 139150 July 20, 2001 - PABLO DELA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142024 July 20, 2001 - GUILLERMO SARABIA v. PEOPLE OF THE PHIL.

  • G.R. No. 145838 July 20, 2001 - NICASIO I. ALCANTARA v. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, ET AL.

  • G.R. No. 146079 July 20, 2001 - KANEMITSU YAMAOKA v. PESCARICH MANUFACTURING CORP., ET AL.

  • A.M. No. RTJ-00-1564 July 26, 2001 - MARISSA M. GORDON, ET AL. v. FRISCO T. LILAGAN

  • G.R. Nos. 132325-26 July 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO ESPINA

  • G.R. No. 133225 July 26, 2001 - PEOPLE OF THE PHIL. v. EDWIN CONCEPCION, ET AL.

  • G.R. Nos. 113176 & 113342 July 30, 2001 - HANIL DEVELOPMENT CO. v. COURT OF APPEALS, ET AL.

  • A.M. Nos. P-00-1381 & A.M. No. P-00-1382 July 31, 2001 - EFREN B. MALLARE v. RONALD ALLAN A. FERRY

  • G.R. No. 105647 July 31, 2001 - ERNESTO BIONA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 121298 & 122123 July 31, 2001 - GENARO RUIZ, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129329 July 31, 2001 - ESTER M. ASUNCION v. NLRC, ET AL.

  • G.R. No. 130707 July 31, 2001 - VERONICA ROBLE, ET AL. v. DOMINADOR ARBASA, ET AL.

  • G.R. No. 134634 July 31, 2001 - PEOPLE OF THE PHIL. v. LAZARO CLARIÑO, ET AL.

  • G.R. Nos. 134831-32 July 31, 2001 - PEOPLE OF THE PHIL. v. RAMON N. LOGMAO

  • G.R. Nos. 136827 & 136799 July 31, 2001 - SECRETARY OF AGRARIAN REFORM, ET AL. v. TROPICAL HOMES

  • G.R. No. 136847 July 31, 2001 - PEOPLE OF THE PHIL v. RODULFO P. VILLARIN, ET AL.

  • G.R. No. 138289 July 31, 2001 - GRACIANO PALELE v. COURT OF APPEALS, ET AL.

  • G.R. No. 139180 July 31, 2001 - PEOPLE OF THE PHIL. v. ROLANDO RIVERA

  • G.R. No. 139529 July 31, 2001 - PEOPLE OF THE PHIL. v. TIMOTEO BRACERO

  • G.R. No. 139622 July 31, 2001 - PEOPLE OF THE PHIL. v. PEDRO PERRERAS, ET AL.

  • G.R. No. 142616 July 31, 2001 - PHIL. NATIONAL BANK v. RITRATTO GROUP INC., ET AL.

  • G.R. No. 143687 July 31, 2001 - RAMON ESTANISLAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144702 July 31, 2001 - U.I.C. ET AL. v. U.I.C. TEACHING AND NON-TEACHING PERSONNEL AND EMPLOYEES UNION, ET AL.

  • G.R. No. 145389 July 31, 2001 - ANIANO A. DESIERTO, ET AL. v. RONNIE C. SILVESTRE

  •  





     
     

    G.R. No. 145838   July 20, 2001 - NICASIO I. ALCANTARA v. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 145838. July 20, 2001.]

    NICASIO I. ALCANTARA, Petitioner, v. 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.

    D E C I S I O N


    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.chanrob1es virtua1 1aw 1ibrary

    The facts of the case are as follows:chanrob1es virtual 1aw library

    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

    On August 3, 1998, the COSLAP issued a Decision ordering the cancellation of FLGLA No. 542. Petitioner appealed the same to the Court of Appeals by petition for review on certiorari.

    The Court of Appeals dismissed the petition in its Decision dated June 22, 2000, and also denied petitioners motion for reconsideration in a Resolution dated October 16, 2000. 3

    Hence, the present petition.

    Petitioner contends that the Court of Appeals erred in ruling that he had earlier recognized the jurisdiction of the COSLAP over the case. He stated further that the appellate court should have considered that the COSLAP does not possess the historical, genealogical and anthropological expertise to act on ancestral land claims, and that it is the National Commission on Indigenous Peoples (NCIP), under the Indigenous People’s Rights Act of 1997 4 which has jurisdiction over such claims. Petitioner thus submits that the COSLAP’s decision ordering the cancellation of FLGLA No. 542 and declaring the area being claimed by private respondent as ancestral land is void for having been issued by a body which does not have jurisdiction over said matters. 5

    In his Comment, private respondent Rolando Paglangan argued that the petition should be dismissed since the petition for certiorari filed by petitioner in the Court of Appeals was filed out of time. 6 He also contended that the COSLAP has the power to entertain cases involving indigenous cultural communities when the DENR or the NCIP fails or refuses to act on a complaint or grievance brought before them. 7 He alleged that the dispute between petitioner and the B’laan tribe antedated the creation of the NCIP, hence, filing of the petition for cancellation of the FLGLA with the COSLAP. 8

    On April 6, 2001, a Motion for Leave to Intervene and to File Complaint-in-Intervention was filed with this Court by the Heirs of Datu Abdul S. Pendatun, represented by Datu Nasser B. Pendatun, Al Haj; the Heirs of Sabal Mula, represented by Hadji Latip K. Mula; and the Gawan Clan, represented by their Tribal Chieftain Loreto Gawan.chanrob1es virtua1 1aw 1ibrary

    Subsequently, on May 24, 2001, they filed an Amended Motion for Leave to Intervene and to File Amended Complaint-in-Intervention. In their Amended Complaint-in-Intervention, they allege that the parcels of land in dispute form part of their ancestral lands, and that they have been in open, continuous, exclusive and notorious possession under claim of ownership of the same. They stated further that private respondent Rolando Paglangan acts only as agent of the Mula clan, and not of the other intervenors. 9

    The Court finds no reason to disturb the ruling of the Court of Appeals.

    The Court of Appeals did not commit any reversible error in the assailed decision. The Court agrees with the appellate court that petitioner is estopped from questioning the jurisdiction of the COSLAP since he participated actively in the proceedings before said body by filing an Answer, a Motion for Reconsideration of the COSLAP’s decision and a Supplement to Respondent’s Motion for Reconsideration. The Court also notes the appellate court’s observation that petitioner began to question the jurisdiction of the COSLAP only when he realized that his period to appeal the COSLAP’s decision had already lapsed. 10 It has been repeatedly held by this Court that the active participation of a respondent in the case pending against him before a court or a quasi-judicial body is tantamount to a recognition of that court’s or body’s recognition and a willingness to abide by the resolution of the case and will bar said party from later on impugning the court’s or body’s jurisdiction. 11

    Moreover, Executive Order No. 561 creating the COSLAP, the law then prevailing when private respondents filed their complaint for cancellation of FLGLA No. 542, provides in Section 3, paragraph 2(a) thereof that said Commission may assume jurisdiction over land disputes involving occupants of the land in question and pasture lease agreement holders:chanrob1es virtual 1aw library

    SECTION 3. Powers and Functions. — The Commission shall have the following powers and functions:chanrob1es virtual 1aw library

    x       x       x


    2. Refer and follow-up for immediate action by the agency having appropriate jurisdiction any land problem or dispute referred to the Commission: Provided, That the Commission, may, in the following cases, assume jurisdiction and resolve land problems or disputes which are critical and explosive in nature considering, for instance, the large number of the parties involved, the presence or emergence of social tension or unrest, or other similar critical situations requiring immediate action:chanrob1es virtual 1aw library

    (a) Between occupants/squatters and pasture lease agreement holders or timber concessionaires;

    (b) Between occupants/squatters and government reservation grantees;

    (c) Between occupants/squatters and public land claimants or applicants;

    (d) Petitions for classification, release and/or subdivision of lands of the public domain; and

    (e) Other similar land problems of grave urgency and magnitude.

    The Commission shall promulgate such rules of procedure as will insure expeditious resolution and action on the above cases. The resolution, order or decision of the Commission on any of the foregoing cases shall have the force and effect of a regular administrative resolution, order or decision and shall be binding upon the parties therein and upon the agency having jurisdiction over the same. Said resolution, order or decision shall become final and executory within thirty (30) days from its promulgation and shall be appealable by certiorari only to the Supreme Court. (Emphasis supplied.)chanrob1es virtua1 1aw 1ibrary

    The Court of Appeals also stated that based on the records, the the land area being claimed by private respondents belongs to the B’laan indigenous cultural community since they have been in possession of, and have been occupying and cultivating the same since time immemorial, a fact has not been disputed by petitioner. 12 It was likewise declared by the appellate court that FLGLA No. 542 granted to petitioner violated Section 1 of Presidential Decree No. 410 13 which states that all unappropriated agricultural lands forming part of the public domain are declared part of the ancestral lands of the indigenous cultural groups occupying the same, and these lands are further declared alienable and disposable, to be distributed exclusively among the members of the indigenous cultural group concerned.

    The Court finds no reason to depart from such finding by the appellate court, it being a settled rule that findings of fact of the Court of Appeals are binding and conclusive upon the Supreme Court absent any showing that such findings are not supported by the evidence on record. 14

    WHEREFORE, the petition is hereby DENIED.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Pardo and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Nicasio I. Alcantara, Petitioner v. 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.

    2. Petition, Rollo, p. 9.

    3. Rollo, pp. 93-95.

    4. Republic Act No. 8371, "An Act to Recognize, Protect and Promote the Rights of Indigenous Cultural Communities/Indigenous Peoples, Creating a National Commission on Indigenous Peoples, Establishing Implementing Mechanisms, Appropriating Funds Therefor, and for Other Purposes (1997).

    5. Petition, Rollo, pp. 20-28.

    6. Comment, Id., at 137-139.

    7. Id., at 146-147.

    8. Id., at 150.

    9. Amended Complaint-in-Intervention, p. 2.

    10. Decision of the Court of Appeals, Id., at 85.

    11. Spouses Virgilio and Josie Jimenez v. Patricia, Inc., G.R. No. 134651, September 18, 2000; See also ABS-CBN Supervisors Employees Union Members v. ABS-CBN Broadcasting Corporation, 304 SCRA 489 (1999); Maneja v. National Labor Relations Commission, 290 SCRA 603 (1998);

    12. Id., at 89.

    13. Section 1. Ancestral Lands. — Any provision of law, decree, executive order, rule or regulation to the contrary notwithstanding all unappropriated agricultural lands forming part of the public domain at the date of the approval of this Decree occupied and cultivated by members of the National Cultural Communities for at least ten (10) years before the effectivity of this Decree, particularly in the provinces of Mountain Province, Cagayan, Kalinga-Apayao, Ifugao, Mindoro, Pampanga, Rizal, Palawan, Lanao del Sur, Lanao del Norte, Sultan Kudarat, Maguindanao, North Cotabato, South Cotabato, Sulu, Tawi-Tawi, Zamboanga del Sur, Zamboanga del Norte, Davao del Sur, Davao del Norte, Davao Oriental, Davao City, Agusan, Surigao del Sur, Surigao del Norte, Bukidnon, and Basilan are hereby declared part of the ancestral lands of these National Cultural Minorities and as such these lands are further declared alienable and disposable if such lands have not been earlier declared as alienable and disposable by the Director of Forest Development, to be distributed exclusively among the members of the National Cultural Communities concerned, as defined under the Constitution and under Republic Act Numbered Eighteen hundred eighty-eight: Provided, however, That lands of the public domain heretofore reserved for settlement purposes under the administration of the Department of Agrarian Reform and other areas reserved for other public or quasi-public purposes shall not be subject to disposition in accordance with the provisions of this Decree: Provided, further, That the Government in the interest of its development program, may establish agro-industrial projects in these areas for the purpose of creating conditions for employment and thus further enhance the progress of the people.

    For purposes of this Decree, ancestral lands are lands of the public domain that have been in open, continuous, exclusive and notorious occupation and cultivation by members of the National Cultural Communities by themselves or through their ancestors under a bona fide claim of acquisition of ownership according to their customs and traditions for a period of at least thirty (30) years before the date of approval of this Decree. The interruption of the period of their occupation and cultivation on account of civil disturbance or force majeure shall not militate against their right granted under this Decree.

    14. Security Bank and Trust Company v. Triumph Lumber and Construction Corporation, 301 SCRA 537 (1999), Development Bank of the Philippines v. Court of Appeals, 302 SCRA 362 (1999).

    G.R. No. 145838   July 20, 2001 - NICASIO I. ALCANTARA v. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, ET AL.


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