Monday, May 7, 2007

SC affirms ownership by town of forest area

LA TRINIDAD, Benguet – The Supreme Court affirmed with finality the status of a nine-hectare forest reservation in Puglisi, La Trinidad, Benguet as part of the town’s communal forest, after it denied a petition to review a decision of the Court of Appeals that favored the municipal government of La Trinidad in the case.

The action of the High Court validates the municipal government’s ownership of a part of the communal forest.

In a resolution issued by the SC’s third division, the High Court rejected a petition for a certiorari that assailed the CA decision nullifying a lower court’s decision to appeal an earlier ruling that ordered the reversion of the nine-hectare lot to public domain and as part of the Puglisi communal forest.

Earlier, the municipal government of La Trinidad, Benguet maintained that the respondents in the case failed to specify which court the appeal was addressed.

The CA agreed with the argument of the town and denied the appeal of the respondents headed by the heirs of Evaristo Tiotioen, who eventually appealed the decision to the SC in the form of a petition for certiorari.

The High tribunal denied the petition, saying heirs of Tiotioen failed to show sufficient cause that the appellate court erred in its decision.

The case stemmed from a decision of Judge Fernando Cabato of the Regional Trial Court of Benguet issued on May 26, 2005. The ruling declared null and void a certificate of title issued to Tiotioen for the nine-hectare lot in the communal forest.

The respondents then filed a notice of appeal, but the municipal government argued that the appeal was defective for not specifying the court it was seeking appeal.

With the decision of the SC, local officials believe that the municipal government can now move to protect, maintain and sustain the communal forest for the benefit of the municipality. They asserted they were still lucky because they have existing communal forests with thick trees in them future generations may enjoy.

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