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FOR: CANCELLATION OF CLOA DCN-

R-0401-0141-2009

THE MANILA BANKING


CORPORATION,
Petitioner,

-versus-
CANC-4A13-0812 to 0816-2012
THE DEPARTMENT OF AGRARIAN
REFORM, SAMMY B. TABORETE,
LEONARDO S. GRANADOS, SOFIO S.
GRANADOS, MIGUEL L. BAUYON,
LUIS L. CUDIAMAT, AND THE
REGISTER OF DEEDS
Respondents.
x------------------------------------------------------x

ORDER

This pertains to the Amended 1 Petitions for Cancellation, dated 12 May


2009, filed by the Manila Banking Corporation (MBC), for the cancellation of
Transfer Certificates of Title (TCT) No. CLOA-9184 2 bearing Certificate of
Land Ownership Award (CLOA) CLOA No. 00653051, TCT No. CLOA-9183 3
bearing CLOA No. 00653050, TCT No. CLOA-9185 4 bearing CLOA No.
00653052, TCT No. CLOA-91865 bearing CLOA No. 00653053, TCT No.

1
The original petitions (Vols. I to V; Rollo, pp.1-12) were amended pursuant to a Motion to
Admit Amended Petition (Vol. I; Rollo, pp.102-103) dated 16 September 2009; Vol. I, Rollo,
pp. 108-119; Vol. II, Rollo, pp. 1076-1187; Vol. III and IV, Rollo, pp.106-116; Vol. V, Rollo,
pp. 106-117.
2
CANC-4A13-0812-2013 (Vol. I); Rollo, pp. 16-19.
3
CANC-4A13-0813-2013 (Vol. II); Rollo, pp. 16-19.
4
CANC-4A13-0814-2013 (Vol. III); Rollo, pp. 16-19.
5
CANC-4A13-0815-2013 (Vol. IV); Rollo, pp. 16-19.
MBC v. DAR and Taborete, et al. Page 2 of 8 pages
CANC-4A13-0812 to 0816-2012

CLOA-91876 bearing CLOA No. 00653054, issued and registered in the


names of Sammy B. Taborete, Leonardo S. Granados, Sofio S. Granados,
Miguel L. Bauyon, and Luis L. Cudiamat (collectively referred herein as
Taborete, et al.) respectively, as farmer-beneficiaries, pursuant to Republic Act
(R.A.) No. 6657. The present petitions wasere filed by MBC on the ground
that the subject landholdings were identified as a rocky forest land with more
than 18 percent slope by the Department of Agriculture (DA) and by the
Department of Environment and Natural Resources (DENR), characterized
with low soil fertility and moderate to severe erosion hazard as evaluated by
the Department of Agriculture (DA)..

To promote greater effectiveness and efficiency in the delivery of


agrarian justice, prevent the multiplicity of suits, and avoid needlessly clogging
the already heavily burdened dockets of the Department of Agrarian Reform
(DAR), Administrative Order (A.O.) No. 6, Series of 2011,7, was issued by the
DAR to rationalize the procedure in cancellation cases and ensure the strict
observance of due process.

A perusal of the records shows that the Provincial Agrarian Reform


Program Officer (PARPO) of Batangas was not impleaded as a respondent in
these Petitions. Under Section 1 paragraph (m) of DAR A.O. No. 06, Series of
2011, the PARPO of Batangas shall be impleaded as party-respondent where
it would be incumbent upon him to defend the propriety of the issuance of the
subject title. Likewise, the Motion to Admit Amended Petition 8 stated that Luis
L. Cudiamat (Cudiamat) is already deceased but the records are bereft of any
proof that would establish the same. Therefore, upon proof of Cudiamats
death, the heirs of Cudiamat must also be impleaded as party-respondents
pursuant to Section 1 paragraph (j) of DAR A.O. No. 06, Series of 20119.
6
CANC-4A13-0816-2013 (Vol. V); Rollo, pp. 16-19.
7
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 Awards (CLOAs), and Other Titles Issued Under the
Agrarian Reform Program, which took effect on 03 October 2014, the provisions of which
are applicable to all cancellation cases filed on or after its effectivity.
8
Vol. V; Rollo, pp. 102-103.
9
SECTION 1. Definition of Terms.. xxx xxx xxx
(j) Indispensable Party is a party who has such an interest in the controversy or
subject matter that a final adjudication cannot be made in his absence, without injuring or
affecting that interest. Agrarian reform beneficiaries or identified beneficiaries and/or their
MBC v. DAR and Taborete, et al. Page 3 of 8 pages
CANC-4A13-0812 to 0816-2012

On 05 September 2012, the Provincial Agrarian Reform Adjudicator of


Batangas issued an Order10 requiring MBC to submit a Disclosure Statement
pursuant to Section 8 of DAR A.O. No. 06, Series of 201111. Although the
present Petitions were each accompanied by a verification and certificate of
non-forum shopping, the Amended Petitions still lack the required Disclosure
Statement. Therefore, MBC is given this last opportunity to submit thise
required Disclosure Statementdocument.

In addition, the case records shows that several documents are not
included therein as required under Section 17 of DAR A.O. No. 06, Series of
201112. The submitted TCTs, Secretarys Certificate, DAR Region IV-A

associations are indispensable parties in petitions for cancellation of their respective EPs,
CLOAs, or other title issued to them under any agrarian reform program. xxx xxx xxx
10
Vol. I; Rollo, pp. 207-208.
11
SECTION 8. Disclosure Statement.. The petitioner shall disclose and certify
under oath, in the petition or its integral annex, that:
(a) He is a party-in-interest or properly authorized by a party-in-
interest;
(b)
(c) He has not commenced and/or is aware of any other action
or proceeding involving the same land, or a portion thereof,
or issue in any court, tribunal, or quasi-judicial agency; and to
the best of his knowledge, no such action or proceeding is
pending in any court, tribunal, or quasi-judicial agency;
(d) If there is any action or proceeding which is either pending or
may have been terminated, he shall state the status thereof;
and
If he thereafter learns that a similar action or proceeding has been filed or is pending
before any court, tribunal, or quasi-judicial agency, he undertakes to report that fact within
five (5) days therefrom to the DAR Office where the case for cancellation is pending.
12
SECTION 17. Case Folder Build-Up. xxx xxx xxx
(a) Official Receipt as proof of payment, except those exempted from payment of
filing fees under Section 10 of these Rules;
(b) Verified Petition with Disclosure Statement;
(c) Verified Comment;
(d) Valid authorization by a person allowed by Section 9 of these Rules to file a
cancellation case, in case the person filing is acting on behalf of the said
person;
(e) Notices, and proof of service and receipt of said notices;
(f) Owner's Duplicate Copy or certified photocopy of EPs, CLOAs, or other titles;
(g) Memorandum;
(h) Marked documentary exhibits;
(i) The photographs of the notices as mentioned in Section 14 of these Rules;
(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.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
(k) Other pertinent documents.
MBC v. DAR and Taborete, et al. Page 4 of 8 pages
CANC-4A13-0812 to 0816-2012

Regional Directors Order and Certificate of Finality in Case No. Exemption


04-2009-0226-01-01413, Certifications from DA and DENR, and Pagbibitiw,
Pagtalikod at Paghinto ng Paghabol executed by Taborete, et al. are mere
photocopies of the original and not certified true copies thereof.

Lastly, there is no proof that the Notice to Comment required under


Section 1414 of the same A.O. was effectively served to all the respondents as
no evidence of personal receipt or substituted service, photographs of
posting, and proof of publication could be gleaned on the records.

WHEREFORE, premises considered, ORDER is hereby issued


directing the Provincial Agrarian Reform Adjudicator of Batangas to do the
following:

1. REQUIRE the Manila Banking Corporation, within fifteen (15)


days from receipt of the said Order, to SUBMIT the following
documents as required under Section 17 of DAR Administrative
Order (A.O.) No. 6 Series of 2011:

a. An Amended Petition impleading the Provincial Agrarian


Reform Officer of Batangas and the heirs of Luis L.
Cudiamat as required under Section 3 (j) and (m) of DAR
Administrative Order (A.O.) No. 6 Series of 2011;

b. Original copy of the Disclosure Statement that conforms


with Section 8 of Administrative Order No. 6, Series of
2011;

c. Original copy of the Secretarys Certificate dated 30


August 2007 authorizing Atty. Crisolito O. Dionido and

13
Rollo, pp. 33-40.
14
SECTION 14. Service of Notice. xxx xxx xxx
The Notice to Comment shall be served personally. If the person authorized to receive
cannot be found at the date of service, it shall be, on the same day, served personally to
any person of suitable age and discretion who is residing at the residence of the
Respondent, or with some competent person in charge at the place of business of the
Respondent. In the case of juridical entities, the substituted service of said Notice shall be
made to a competent person in charge of the office of those mentioned in Section 14 (6)
hereof. xxx xxx xxx
MBC v. DAR and Taborete, et al. Page 5 of 8 pages
CANC-4A13-0812 to 0816-2012

Atty. Jeric J. Jucaban to represent Manila Banking


Corporation in this Petition;

d. Certified True Copies of the following documents:

i. Transfer Certificate of Title (TCT) No. T-36964


registered in the name of Manila Banking
Corporation;

ii.

iii.

iv. TCT No. CLOA-9186 bearing Certificate of Land


Ownership Award No. 00653053, TCT No.
CLOA-9183 (CLOA No. 00653050),
TCT No. CLOA-9184 (CLOA No. 00653051), TCT
No. CLOA-9185 (CLOA No. 00653052), TCT No.
CLOA-9186 (CLOA No. 00653053), and TCT No.
CLOA-9187 (CLOA No. 00653054);

registered in the name of Miguel L. Bauyon;

v. DAR Region IV-A Regional Directors (RD) Order


in Case No. Exemption 04-2009-0226-01-01 and
the Certificate of Finality of the said Order;

vi. Certification and Special Soil Investigation by the


Department of Agriculture dated 22 August 2007;

vii. Certification from the Department of Environment


and Natural Resources dated 13 August 2007 as
to slope gradient of the subject landholding; and,
MBC v. DAR and Taborete, et al. Page 6 of 8 pages
CANC-4A13-0812 to 0816-2012

viii.Pagbibitiw, Pagtalikod at Paghinto ng Paghabol


executed by Taborete, et al. dated 20 November
2007; and

2. ISSUE Notice to Comment to the Provincial Agrarian Reform


Program Officer of Batangas and heirs of Cudiamat in
accordance with Section 14 of DAR A.O. No. 6 Series of 2011.

Thereafter, upon the lapse of the given period within which to submit
the required documents, the PARAD of Batangas is hereby DIRECTED to
submit to the Office of the Undersecretary for Legal Affairs the
abovementioned documents within a period of ten (10) days; or, in case of
non-compliance by the petitioners, a written report indicating the mode of
service used upon the petitioners, theirir date of receipt, and their non-
compliance with the Order, within the same period of ten (10) days.

Failure of Manila Banking Corporation to submit the required


documents in 1 (a) to (d) (iii) within the given period shall be a ground for the
dismissal of the Petition without prejudice. On the other hand, the non-
submission of documents required in 1 (d) (iv) to (vi) will shall constrain this
Office to render judgement based on the evidence presented.

render the photocopied evidence in the case records inadmissible.

Let the records of the case be remanded to the PARAD of Batangas to


facilitate further reception of documentary and case build-up in accordance
with existing rules and Administrative Orders of this Department, and to avoid
unnecessary duplication of documentary evidence.
MBC v. DAR and Taborete, et al. Page 7 of 8 pages
CANC-4A13-0812 to 0816-2012

SO ORDERED.

Diliman, Quezon City, ____________________

LUIS MEINRADO C. PAGULAYAN


Undersecretary for Legal Affairs

Copy furnished:

1. THE MANILA BANKING CORPORATION


Petitioner
The Manila Bank Building, 6772 Ayala Avenue
Makati City, Metro Manila

2. ATTY. JERIC JIMENO JUCABAN


ATTY. MICHELLE GENESE DUEAS
Counsel for the Petitioner
De Guzman Caga Dionido Jucaban and Associates Law Offices
Room 412, Executive Building Center, Makati Avenue corner Gil Puyat Avenue
Makati City, Metro Manila

3. SAMMY B. TABORETE
LEONARDO S. GRANADOS
SOFIO S. GRANADOS
MIGUEL L. BAUYON
LUIS L. CUDIAMAT,
Private Respondents
Barangay Balaytigue, Nasugbu, Batangas

4. THE REGIONAL DIRECTOR


DAR Regional Office IV-A CALABARZON
PNCC Complex, EDSA corner Reliance St., Mandaluyong City

5. THE PROVINCIAL AGRARIAN REFORM ADJUDICATOR


DAR Adjudication Board
Office of the Provincial Adjudicator
Alvarez Street, Nasugbu, Batangas

6. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER


DAR Provincial Office
Barangay Maraouy, Lipa City, Batangas

7. THE MUNICIPAL AGRARIAN REFORM PROGRAM OFFICER


DAR Municipal Office, Nasugbu, Batangas

8. THE REGISTER OF DEEDS


MBC v. DAR and Taborete, et al. Page 8 of 8 pages
CANC-4A13-0812 to 0816-2012

Registry of Deeds Building, JP Rizal Street, Nasugbu, Batanga

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