TRANSFER CERTIFICATE OF
TITLE (TCT) NO. T-2256 /
CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA) NO.
00447027.
DEPARTMENT OF AGRARIAN
REFORM PROVINCIAL OFFICE
ZAMBALES represented by PARO
ARTHUR G. FLORIDA and CARPO
NIDA P. LOVINO, CANC-0307-0010-2012
Petitioners,
versus
EMERSON A. EDUVANE,
Private Respondent,
ORDER
1
Rollo, pp. 9-12.
2
Rollo, pp. 13-16.
DAR vs. Emerson Eduvane Page 2 of 5
Pages
CANC-0307-0010-2012
3
Rollo, 17-19.
4
This was amended by Administrative Order No. 7, Series of 2014: The 2014 Rules and
Procedures Governing the Cancellation of Registered Emancipation Patents (EPs),
Certificates of Land Ownership Award (CLOAs), and Other Titles Issued Under the
Agrarian Reform Program, which took effect on 3 October 2014, the provisions of which are
applicable to all cancellation cases filed on or after its effectivity.
DAR vs. Emerson Eduvane Page 3 of 5
Pages
CANC-0307-0010-2012
Section 115, in relation to Section 17, 6 of DAR A.O. No. 6, Series of 2011
requires the submission of the original or certified true copy of the Certificate of
Finality pertaining to the final ALI case. It appears from the records of the case
that the Petitioners, to substantiate their allegation that the RD Order became
final and executory, attached a certified machine copy of the Implementation
Order dated 31 March 2005. The Certificate of Finality is a statutory requirement,
hence, strict compliance must be made.
5
SECTION 11. Cancellation with Final judgment in an ALI Case. In the event that there is
already a prior and final determination of an ALI case involving any of the grounds mentioned in
Section 4 of Article II, the petitioner may file an action for cancellation in accordance with these
Rules by filing a petition together with the following duly marked documents:
xxx xxx
2. Certificate of Finality;
xxx xxx
6
SECTION 17. Case Folder Build-Up. The clerk of the PARAD is tasked with the preparation
of a complete Case Folder, which must contain the following:
xxx xxx
(j) Either:
a. Documentary requirements of A.O.s governing the component ALI case; or
b. If the case is filed in accordance with Section 11 hereof:
i. Original or certified true or photocopy of final and executory orders and
resolutions; and
ii. Original or certified true or photocopy of Certificate of Finality; and
xxx xxx
7
Supra, Note 3.
DAR vs. Emerson Eduvane Page 4 of 5
Pages
CANC-0307-0010-2012
1. The Certificate of Finality pertaining to the ALI case with Docket No. A-
0307-0528-04, A.R. Case No. LSD 0316 04;
3. Evidence showing that all parties to the ALI case with Docket No. A- 0307-
0528-04, A.R. Case No. LSD 0316 04 were served with a copy of the RD
Order dated 27 September 2004 before it became final and executory.
Failure of the PARO to submit the Certificate of Finality within the given
period shall be a ground for the dismissal of the Petition without prejudice.
SO ORDERED.
Copy Furnished:
2. EMERSON A. EDUVANE
No. 2479 A. Zamora Street, Pasay City