.

HEIRS OF FERMIN AND PRIMA

RIVAS, namely: POTENCIANO G.
RIVAS, ASUNCION RIVAS-
ALINO, VIOLETA RIVAS-
DIANCO and ROSALINA RIVAS-
VILLANUEVA, REPRESENTED BY
BERNARDO RIVAS,
Complainants,
-versus- APO Case No.
HEIRS OF CONRADO R. 0407-0102-2019
CATAJAY, THE MUNICIPAL
AGRARIAN REFORM OF
CAJIDIOCAN, ROMBLON, THE
PROVINCIAL AGRARIAN
REFORM OFFICER OF ROMBLON
AND THE REGISTER OF DEEDS,
Respondents.
______________________________________________________________________________

ORDER

For consideration is the Agrarian Law Implementation (ALI) matter

in the above-entitled petition for cancellation filed in the Office of
Provincial Adjudicator, of Romblon on 26 July 2013 by Heirs of Fermin and
Prima Rivas, namely: Potenciano G. Rivas, Asuncion Rivas-Alino, Violeta
Rivas-Dianco and Rosalina Rivas-Villanueva, represented by Bernardo
Rivas, involving the following lots all located in Brgy. Danao, Cajidiocan,
Romblon:
Registe- OCT EP No. Lot No. Hectares Date of Date of
red No. Issuance Registrat
Holder ion
EP-542 A-005639- 5839-K 0.0156 28 January 14 March
H 1987 1989
EP-543 A-005640 58939-3 0.6393 29 January 14 March
Conrado 1987 1989
Catajay EP-544 A-006162 5837-C 0.2426 28 14 March
November 1989
1987
EP-545 A-006163 5838-C 0.5374 03 14 March
December 1989
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1986
EP-546 A-006170- 5838-A 0.0187 04 14 March
H December 1989
1986

The records reveal that during the lifetime of Juan Del Rio (Del Rio)
he had several properties in the Municipality of Narra. Some of these
properties were placed under the Comprehensive Agrarian Reform
Program (CARP), of these parcels, TCT No. 3572 involving 13. 9 hectares
was placed under the Voluntary Offer to Sell Scheme of the CARP.
Consequently, Del Rio sought the retention of lots covered by TCT No.
5152, 5153 and 5191; the last two titles having been issued to Del Rio
respectively on 30 September 1972 and 2 December 1971, with a total area
of Twenty three thousand eight hundred forty seven (23,847), square
meters, more or less.
However, Del Rio alleged that some of the properties sought for
retention (specifically TCT No. 5153 and 5191) were thereafter covered by
CLT No. 0-65415 and 0-65541 and thereafter granted to Domingo on 13 July
1982 and 3 May 1983, respectively, pursuant to the government’s Operation
Land Transer program under P.D. No. 27 and LOI No. 474. It bears noting
that years prior to the award of said titles to Meclat, the latter has been
persistent in applying for said titles. However, sometime in 2000 Meclat is
no longer the cultivator, but still actual occupants of said CLT areas,
because supposedly the area is not irrigated and that he and his family
were only able to harvest 35 cavans of palay per year, and that prior to
such, they religiously gave 8 to 10 cavans of palay per year to land owner
to Del Rio, without the latter issuing them an acknowledgement receipt.
Despite the foregoing, said CLTs remain valid despite the non-payment by
Meclat for compensation of using the land by and not developing the same
for agricultural purposes. Hence Juan, sought the cancelation of CLT Nos.
0-65415 and 0-65541.
Upon the death of Del Rio, his heirs executed an Extra Judicial
Settlement. Subsequently Josefina del Rio Presto (Josefina) became the
representative of the heirs of Juan, and thus continued the petition to have
CLT No. 0-65541, and 0-65415 cancelled for having been issued
erroneously.
On 12 April 2019 a Notice to Comment was sent to herein Heirs of
Domingo Meclat (Heirs of Domingo) by the PARPO of Palawan. However,
the ten (10) day period given for the Heirs of Domingo to submit their
comment lapsed without any comment from the Heirs of Domingo.
In a Memorandum dated 05 July 2019, the Chief of the Legal
Assistance Division, Atty. Reychelle Anne B. Villarta (Atty. Villarta)
forwarded the petition to the Provincial Agrarian Reform Officer II (PARO
II) In said memo, Atty. Villarta recommended that an Order be issued
granting the petition for cancellation and nullity of CLT No. 0-65541, and 0-
65415.
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In a Memorandum dated 19 August 2019, PARO II forwarded the

petition to the Regional Director of DAR Mimaropa. In said memo, PARO
II Conrado S. Guevarra recommended that an Order be issued granting the
petition for cancellation and nullity of CLT No. 0-65541, and 0-65415.
Hence, this petition is transmitted to this Office to resolve the ALI
matter under Administrative Order No. 4 Series of 2018.
The issue to be resolved is whether the land granted to Elidio C.
Bundal as grantee of CLT No. 0-65541, and 0-65415should be covered
under the Comprehensive Agrarian Reform Program.

This Office finds in the NEGATIVE.

Based on the records of the case, it is incontrovertible that Meclat has

lost his right as grantee of CLT No. 0-65541, and 0-65415. Under
Presidential Decree No. 816 (PD 816) it is axiomatic that the grantee of a
CLT is bound by certain obligations to maintain his ownership over a land
covered by a CLT, to wit:

Failure on the part of the farmer/grantee to comply

with his obligations to pay lease rentals or amortization
payments when they fall due for a period of two (2) years
to the landowner or agricultural lessor is a ground for
forfeiture of his CLT.

The aforementioned was further bolstered by the discussion and

analysis statement made by Chief of the Legal Assistance Division Atty.
Villarta, wherein she recommended the cancellation of said CLT based on
PD 816.

Well settled is the rule that The CLT is not an evidence of

ownership. In "Engracia Vinzons-Magana vs. Hon. Conrado
Estrella"1 the Court held that "the mere issuance of the certificate of
land transfer does not vest in the farmer-grantee ownership of the
land described therein. At most, the certificate merely evidences the
government's recognition of the grantee as the party qualified to
avail of the statutory mechanisms for the acquisition of ownership
of the land tilled by him as provided under Presidential Decree No.
27." (DAR OPINION NO. 77, s. 1994, September 21, 1994)

Accordingly, since Domingo failed to pay the land owner the latter
just share over the land covered by the CLT as shown by “Annex U” of 18
March 2019. Further, Domingo himself admitted that thy were no longer
cultivators of the subject property. In light of the foregoing the issuance of
CLT No. 0-65541, and 0-65415 to herein respondent Domingo is hereby
found to be erroneous.

1
G.R. No. 60269; September 13, 1991
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WHEREFORE, premises considered, the ALI matter for the

erroneous identification, coverage and distribution of CLT No. 0-65541,
and 0-65415 covering a total area of Eleven thousand seven hundred thirty
seven (11,737) square meters, more or less, and located in Pandacan, Narra,
Palawan under the Comprehensive Agrarian Reform Program by the
complainant is hereby settled in favor of the Petitioner Heirs of Juan Del
Rio.

SO ORDERED.

Quezon City, Philippines. 24 September 2019

ZORAIDA O. MACADINDANG, Al-Hadj.JD

Regional Director
NOT VALID WITHOUT DAR OFFICIAL SEAL

Cc:

JOSEFINA DEL RIO PRESTO

Barangay Santa Cruz, Puerto Princesa City, Palawan

HEIRS OF DOMINGO MECLAT

Barangay Santa Cruz, Puerto Princesa City, Palawan

The PARPO II
2nd Floor, DAR, City Coliseum
San Pedro, Puerto Princesa City

The REGISTRY OF DEEDS

Puerto Princesa, Palawan

ZOM/MJE/kevin