Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICER
Surigao City

GEORGE SENECA DELIMA,

ET., AL.,
Protestants,

-versus- Lot No. 3347-B, Cad. 234

Brgy. San Pedro, Sison
Surigao del Norte

MILAGROS LAURO, FE DEPAY,

NORA BOMEDIANO,
Respondents.
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POSITION PAPER
RESPONDENTS, by way of complying with the Order of this
Honorable Office dated September 13, 2018, copy of which was received
on September 18, 2018, most respectfully state:

STATEMENT OF THE CASE

This is a protest filed by the protestants against the Free Patent

Application filed by the respondents involving Lot No. 3347-B, Cad. 234,
located at Brgy. San Pedro, Sison, Surigao del Norte.

Protestants alleged that the respondents occupied Lot No. 3347-B,

in November 2017, and the only basis of their ownership is the cancelled
Original Certificate Title No. of Lot No. 3347-A, and on that basis, their
possession would not ripen into ownership ( See pars. 4 and 5 of the
Protest).

ISSUE TO BE RESOLVED

Whether or not there is merit to the protest filed against

the Free Patent Application of the respondents, which
is pending approval by this Honorable Office?

Lack of a cause of action-

Respondents are bewildered as to what really is protestants cause of

action against the pending Free Patent Application as filed before this
Honorable Office. A cursory reading of the protest itself would readily
show that there exist no cause of action sufficient to merit a
determination of any issue against the application.

The protest merely states upon which the same is hereby quoted
that:
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4. Protestants, on the other hand, occupied the said Lot around

November last year (2017), having only a cancelled Original Certificate
Of Title of Lot No. 3347-A as their basis of ownership.

5. The possession of Respondents of the property is has not basis

and would ripen to ownership thereof.

There is nothing in the above quoted allegations that would form

as legal grounds for the protest. Nothing has been alleged thereto, that
would be sufficient enough to form a cause of action against the Free
Patent Application. As there is no valid ground against the application,
this protest must necessarily fall, as it is without any basis in fact and in
law.

The subject of the Free Patent

Application is Lot No. 3347-B
and not Lot No. 3347-P-

It is fully established that the pending Free Patent Application of

the respondents refer to Lot No. 3347-B. The Tax Declaration No. 2017-17-
0001-00081 (stated in par. 2 of the Protest ), could not be in any manner be
the basis for the protest as in the first place, the same pertain to Lot No.
3347-P. This is clear from the Certification of the Municipal Assessor of
the Municipality of Sison stating among others that “what appears in their
records is only a Lot No 3347-P, which is declared in the name of different land
owners, located in the Poblacion of Sison, Surigao del Norte . The said
certification is hereto attached as Annex “1”, and made an integral part
hereof.

Also, the Certification of the Deputized Zoning Administrator of the

Municipality of Sison, will show, that Lot No. 3347-B, Cad, 234, which
is the subject of the pending Free Patent Application, has no existing
Tax Declaration ever issued. Said Certification is hereto attached as
Annex “2” and made an integral part hereof.

Clearly therefore, if at all the protestants have any claim over any
lot in the Municipality of Sison, it refers to Lot No. 3347-P and not Lot
No. 3347-B.