14. Digan v. Malines, G.R. No.

183004 (December 6, 2017)

Facts: Paris is the owner of 3 parcels of land in llocos Sur with an area of 31.89 hectares with
respective TCTs. The subjected lands were placed under OLT pursuant to P.O. 27, and were
divided into 6 lots, and the Petitioners were the qualified as beneficiaries. By virtue of a Joint
Affidavit of Waiver, the Petitioner consented to the sale by Paris of the one of the lots to
Malines and Melecio who were issued a new TCT. Unknown to Respondents, the TCT was
cancelled by the RD of !locos Sur; while Emancipation Patents were issued to the Petitioner and
registered with the RD. Respondents filed a petition for cancellation of the EPs. Petitioners
admitted that the no CLT were issued to them prior to the issuance of the EPs, and that
Respondents. The PA dismissed the petition.

Issue: Whether or not Respondents can claim the right of retention .

Held: No. Under P.O. No. 27, the right of retention may only be claimed and exercised by the
landowner identified to be such as of 21 October 1972, and/or any of his heirs who inherited
such agricultural lands after the said date. Consequently, Malines and Melecio, who were
neither the owners of the subject land when P.O. No. 27 was issued nor were the heirs of the
landowner thereof, could not claim the right of retention.