R-0401-0141-2009
-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
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
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
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
ii.
iii.
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.
SO ORDERED.
Copy furnished:
3. SAMMY B. TABORETE
LEONARDO S. GRANADOS
SOFIO S. GRANADOS
MIGUEL L. BAUYON
LUIS L. CUDIAMAT,
Private Respondents
Barangay Balaytigue, Nasugbu, Batangas