REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Agrarian Reform Adjudicator
Binirayan Hills, San Jose, Antique
Tunay na Pagbabago sa Repormang Agraryo

DEPARTMENT OF AGRARIAN DARAB CASE NO. 174

REFORM REP. BY FLORENTINO D. ANT. 2021
SILADAN, IN HIS OFFICIAL
CAPACITY AS PARPO II, DARPO –
ANTIQUE, joined by MAMERTO M.
PAGARAN ,

Petitioners.
FOR:
-versus-
PETITION FOR
CORRECTION
REGISTRY OF DEEDS, Province of OF LAND AREA.
Antique,
Respondent.

X-------------------- -X

DECISION

On record is a verified petition for “Correction of Land Area” from

Twenty-Six Thousand Seven Hundred Eighty-Five (26,785) square
meters, as appearing on TCT Title No. EP-85 to Twenty-Six Thousand
Seven Hundred Eighty-Three (26,783) square meters, as the true and
correct land area based on the technical description, filed by Florentino
Siladan, in his official capacity as PARPO II-Antique joined by Mamerto
M. Pagaran, through Atty. Carl Rupert Muela, Chief, the Legal Assistance
Division.

Petitioner is the owner and beneficiary by virtue of the

Comprehensive Agrarian Reform Program (CARP) as mandated by R.A.
6657 as amended of a parcel of land particularly described as Lot No.
DCN. 174 ANT 2021
DAR REP. BY PARPO SILADAN JOINED BY MAMERTO PAGARAN VS ROD
ORDER Page 2 of 4 pages

8260-Q with Approved Survey Plan (ASP) No. Bsd-06-000522 (OLT),

involving an area of 26, 785 sq. m (to be corrected) square meters, more
or less, covered by TCT No. EP-85, situated at Brgy. Bontol, Sibalom,
Antique.

As per investigation report of Gerardo Sandoy, Municipal Agrarian

Reform Program Officer (MARPO) of Sibalom, the area (26,785 sq m.)
subject of this petition was mistakenly, inadvertently typewritten or
erroneously encoded on the title, instead the correct land area should be
26, 783 square meters, more or less. Thus, there is a need to rectify this
error accordingly, to wit:

FROM (as appearing on TO (based on the ASP

the Title) and Technical
Description)
26, 785 sq. m 26, 783 sq. m

To support said Petition the following documents were submitted:

Annex “A” Photocopy of TCT EP-

85
Annex “B” Investigation Report of
MARPO Sandoy
Annex “C” Photocopy of a
Approved Survey Plan
for Rodolfo Hungay et
al.
Annex “D” Technical Description of
Lot 8260-Q, Bsd-06-
000522 (OLT)

During the initial hearing, Jose Leo Casibual the ROD of Antique
failed to appear but present was the representative of DAR Legal
Assistance Division who presented the aforementioned pieces of evidence
to support their case.
DCN. 174 ANT 2021
DAR REP. BY PARPO SILADAN JOINED BY MAMERTO PAGARAN VS ROD
ORDER Page 3 of 4 pages

The only issue to be resolved in this case is whether or not

correction of land area TCT No. EP- 85 be granted.

After a careful evaluation of pieces of evidence presented this

adjudicator is inclined to grant the petition.

Under the 2021 DARAB Revised Rules and Procedures provides:

Section 8. Primary, Exclusive and Original Jurisdiction of the

Provincial Adjudicator. The PARAD shall have primary, exclusive and
original jurisdiction to determine and adjudicate all agrarian disputes and
agrarian matters, including but not limited to the following:

Xxx

f. Correction of entries of registered emancipation patent (EP), Certificates of Land

Ownership Award (CLOA), or other titles issued under any Agrarian Reform Program
without affecting substantial rights of other interested persons, except error in technical
description in the EP and CLOAs.

xxx

In Republic v Judge De La Cruz, 203 Phil 402, it was held:

xx proceedings for correction of erroneous entry should not be considered

as establishing one’s status in a legal manner conclusively beyond dispute or
controversies, xxx books making up the civil register and all documents relating
thereto xxx shall be prima facie evidence of the facts therein contained. Hence, the
status as corrected would not have a superior quality for evidentiary purpose.
Moreover, the correction should not imply a change of status but a mere
rectification or error to make sure the matter corrected speak of the truth. xxx

WHEREFORE, premises considered, Decision is hereby rendered:

1. ORDERING the Registry of Deeds (ROD) Province of Antique to

correct the land area of the petitioner as entered in TCT No. EP-
85 to appear as follows:
DCN. 174 ANT 2021
DAR REP. BY PARPO SILADAN JOINED BY MAMERTO PAGARAN VS ROD
ORDER Page 4 of 4 pages

FROM (as TO (based on the ASP and

appearing on the Technical Description)
Title)
26, 785 sq. m 26, 783 sq. m

2. ORDERING the Register of Deeds to annotate said correction at

the back of TCT No. EP- 85.

SO ORDERED.
20 September 2021, Binirayan Hills, San Jose, Antique.

ATTY. ISAGANI D. CUELLO

Provincial Agrarian Reform Adjudicator

Copy Furnished:

Mamerto Pagaran
Brgy. Bontol, Sibalom,
5713, Antique

ATTY. Carl Rupert Muela

DAR, Legal Division,
DARPO – Antique
5700.

JOSE LEO CASIBUAL

Register of Deeds
San Jose, Antique

The Provincial Agrarian Reform Program Officer (PARPO)

DAR Provincial Office, Antique
Binirayan Hills, San Jose,
Antique

The Chief, LTID

Binirayan Hills, San Jose,
Antique

DAR PROVINCIAL OFFICE TELEFAX: 036-5407120

Binirayan Hills, San Jose, Antique 5700 WEBSITE: www.dar.gov.ph