Republic of the Philippines

Department of Environment and Natural Resources

Community Environment and Natural Resources Office - Iligan City
4th East Extension Rosario Heights, Tubod, Iligan City, Lanao del Norte
Email address: cenroiligan@denr.gov.ph | Telephone No.: (063) 224-8819

Heirs of Perfecto Tumapon

Represented by:
Mrs. Melinda T. Rebusto
Mr. Exequel P. Tumapon
Mr. Leonardo P. Tumapon
Mr. Perfecto P. Tumapon, Jr.
Mrs. Judith T. Alibutdan

-Protestants

– VS –

2nd Mechanized Infantry Brigade

ARMOR Division, Philippine Army
Maria Christina, Iligan City

-Respondents

FACTS:

The case at bar stemmed when a Protest was filed by the Heirs of Perfecto Tumapon,
against the application/approval of application of survey/patent over lot 5080 CAD
292 OF ILIGAN CITY, filed by the 2nd MECHANIZED Brigade, Mechanized Infantry
Division, Philippine Army.

The heirs alleged that they are the co-owners of the parcel of land situated at Maria
Cristina, Iligan City, said land covering an area of 10,000 square meters, they being
the heirs and successors of the late Perfecto Tumapon, and their right of ownership
over said land identified as Lot no. 5178 is evidenced by a Tax Declaration no. 14-
0023-01002 in the name of their said father Perfecto Tumapon issued by the City
Assessor of ligan. Protestants with their said predecessor, Perfecto Tumapon, have
been in actual and continuous possession of the said land, exercised their right of
ownership and are responsible for introducing the improvements therein, which are
principally coconut trees and even paid real estate taxes.

About late 70s and early 1980s during the regime of Martial Law, and continuously
up to the present their possession and enjoyment of the fruits of the land were
repeatedly disturbed by Philippine Army Elements and in the recent years, some
irresponsible officials of the 2nd Mechanized Brigade of the Mechanized Division of
Philippine Army threatened and prohibited them from further exercising acts of
possession and ownership of their said property. As a matter of fact, a case against
the said military officers were filed are now pending at the Office of the Deputy
Ombudsman for the Military and Other Law Enforcement Agencies due to their
illegal acts of disturbing and usurping their right of ownership and possession over
the property.

Recently, protestants were informed and were able to confirm that more than their
illegal acts of depriving them of their rightful possession and enjoyment of the fruits
of the property, concerned officials of the 2nd Mechanized Brigade caused a survey
of their own without notifying the Protestants and caused the filing of an application
for approval of such survey, said survey illegally and baseless usurped and included
the said 10,000 square meter of land owned by the protestants, identified as Lot No.
 Republic of the Philippines
Department of Environment and Natural Resources
Community Environment and Natural Resources Office - Iligan City
4th East Extension Rosario Heights, Tubod, Iligan City, Lanao del Norte
Email address: cenroiligan@denr.gov.ph | Telephone No.: (063) 224-8819

5178, and declared for taxation purposes through Tax Declaration no. 14-0023-
01002.

On April 05, 2018, some personnel of the CENRO, Iligan City namely: Evelyn
Rosabal, LMO III Chief Land Management Unit, Asli L. Macarambon, DMO II, Carim
M. Deca, Land Investigator and the undersigned conducted actual site inspection
on Lot No. 5080, Cad 292 located at Maria Cristina, Iligan City relative to the protest
of Exequiel Tumapon, et al. The following are the actual condition and nature of the
land, the existing improvement, and occupants thereof:

The controverted lot is partly plain and the other portion is rolling-
stony all in the actual possession and occupation of the 2nd
Mechanized Brigade, PA. The area is surrounded by fence installed by
the 2™ Mechanized Brigade, PA. The structures and trees are likewise
introduced by them. The portion being claimed by the protestants is
occupied by the PA and only few of the coconut trees allegedly planted
by the Tumapon exist. A portion of the residential house of Col.
Aguaviva was demolished as it encroached upon the contested lot.

On August 24, 2018, a Notice/Subpoena was issued to both parties, notifying them
of an upcoming preliminary conference in relation to the formal protest against the
application/approval of Survey Lot No. 5080, Cad 292 of the 2nd Mechanized
Infantry Brigade which was filed by the Heirs of Tumapon.

During the preliminary conference conducted on August 28, 2018 where both
parties were present, it was requested by the protestant Leonardo Tumapon, et.al
that a relocation survey be conducted in the area pursuant to the instruction of RD
Ruth M. Tawantawan under Memorandum dated July 14, 2014. There being no
objection from the representatives of the 2nd Mechanized Brigade, PA, protestants
were advised to put the request in writing. Considering that the request was
previously granted by then RD Tawantawan and that there was no objection from
the representatives of the 2nd Mechanized Brigade, PA headed by Major Tirso T.
Punay, it is recommended that a survey authority be issued as requested.

On November 6, 2018, the schedule date of the Relocation Survey, Geodetic

Engineer Teodoro C. Pondoc and his survey team went to the area to be surveyed.
Before the field works started, there was a brief meeting to be discussed in relation
to conduct the relocation survey. Presents were DENR-CENRO Iligan City
Eemployees, namely: Evelyn V. RosabaL, Iki M. Ontawar and Carim NM. Deca,
Teodoro C. Pondoc and company of PONDOC SURVEYING OFFICE, Vevencio P.
Echavez and Rolando S. Añana, representative of Barangay Maria Cristina, Maj
Eddie Alcima, Jr. 2nd Mech Brigade Commander, Capt. Jamil Lumiguis, 500ELB,
Merlinda T, Repurto, Leonardo P. Tumapon, and Exequiel P. Tumapon.

Based on the data gathered on the field, Geodetic Engr. Pondoc computed the
gathered data and double checked the computation. After double checking the
computation herewith the result and findings of the Relocation Survey, to wit:

a) That the area as pointed by Leonardo P. Tumapon, one of the

Protestant, with an area of FOUR THOUSAND NINE HUNDRED FORTY-
SEVEN (4,947) Square meters is inside Lot 8050-D, Csd-10-022972,
owned and possessed by 2nd Mechanized Infantry Brigade Task Force
Diamond Philippine Army.
 Republic of the Philippines
Department of Environment and Natural Resources
Community Environment and Natural Resources Office - Iligan City
4th East Extension Rosario Heights, Tubod, Iligan City, Lanao del Norte
Email address: cenroiligan@denr.gov.ph | Telephone No.: (063) 224-8819

b) The Residential house of Emmanuel Aguaviva with an Area of 281 Sq.

m. is inside Lot 8050-D, Csd-10-022972.

On January 23, 2019, pursuant to DAO No. 2016-30, a Notice for Alternative
Dispute Resolution (ADR) Proceedings was sent to both parties. And on March 21,
2019, this Office conducted an ADR Proceeding wherein protestants made an offer
for Compromise Agreement.

Nevertheless, a Letter of Denial from the 2nd Mechanized Infantry Brigade, PA, was
sent to this Office. The 2nd Mechanized Brigade also informed this Office, that the
former was directed by the Department of National Defense to file an application for
issuance of Special Patent before the Community Environment and Natural
Resources Office, Iligan City. Acting on the directive, a land survey of the lot was
then conducted sometime on February 2015, as previously mentioned.

Similarly, the respondent was able to secure the necessary clearances for said
application from the Regional Trial Courts of Iligan City, particularly Branches 1, 3,
and 6, a copy of the Certification of no case record issued by RTC Branch 1, 3, and
6 of Iligan City. Additionally, respondent was able to obtain and pay for the Tax
Declaration of said lot in 2015, a copy of the Tax Declaration dated May 9, 2015 was
therein attached.

Lastly, the Respondents specifically deny the Protest which alleges that the
Protestant owns the subject property just because they have been paying a tax
declaration for said lot.

In Republic of the Philippines v. Dela Paz, the Supreme Court declared that well settled
is the rule that tax declarations and receipts are not conclusive evidence of ownership
or of the right to possess land when not supported by any other evidence. The fact
that the disputed property may have been declared for taxation purposes in the names
of the applicants for registration or of their predecessors-in-interest does not
necessarily prove ownership. They are merely indicia of a claim of ownership.

It is a rule that general statements that are mere conclusions of law and not factual
proof of possession are unavailing and cannot suffice. An applicant in a land
registration case cannot just harp on mere conclusions of law to embellish the
application but must impress thereto the facts and circumstances evidencing the
alleged ownership and possession of the land.