Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Municipal Agrarian Reform Office
Manolo Fortich, Bukidnon

FIELD INVESTIGATION REPORT

I. LANDHOLDING

Registered Owner :ROZAEL A. LUGMAY et. al.

Title Number : Title no. AT-134 or CLOA No. 00022748
Lot/Survey No : Lot 350, Pls 71
Area : 231,640 sq.m
Location : Lindaban, Manolo Fortich Bukidnon

II. FACTS/FINDINGS

The subject of this investigation are the four (4) remaining

landholding that was left undistributed and left untitled by DAR. The
subject lots are portion of Lot No. 350, Pls 71 under Title no. AT-134 or
CLOA No. 00022748, registered in the name of Rozael A. Lugmay, located in
Lindaban, Manolo Fortich Bukidnon, specifically Lot 350-19, Lot 350-17, Lot
350- , and Lot 350- , thereof.

Lot 350-17 specified in the Approved Survey Plan and Technical

Description attached herein, states that the subject lot is allocated to Valendez
Gertrudes, however already deceased but will be represented by ____________,
a copy of Affidavit of Heirship with SPA and death certificate of Valendez
Gertrudez are herein attached.

Lot 350-19 is not allocated to anyone, but during the ocular

inspection and investigation, Nova G. Ganol was actually occupying and tilling the
said lot and no other. Certificate of the BARC and the FIR are also herein
attached. A petition for Re-allocation has already been initiated.

During the conduct of investigation, it was found out that these lots
were left undistributed for these reasons:

1. For Lot 350-17, a portion of which was “allegedly” tilled by some co-
owners, and alleged threat was present resulting ARB Valendez Getrudes
allowed portion of her allocated land to be occupied by other co-owners.
But during conduct of ocular inspection, no known tiller was present.
Additionally, it was said that portion of the same was subjected to lease,
but no lease or lessor was substantially established. Moreover, since
Valendez Gertrudes is already deceased, only heirs of the latter was
subjected for consultation. The heirs were not residing nor tilling the
 subject land. But they are, however, willing to assume the obligations as
farmers beneficiaries.
Finally, since the issuance of individual title of other co-owners, there
hasn’t been any initiation of disqualification/inclusion/exclusion filed with
the RD until the death of the Valendez Gertrudes, hence, by law of
succession in relation to Comprehensive Agrarian Reform Program, heirs of
Valendez Gertrudes has legal right over the subject land.

2. For Lot 350-19, the subject lot was left untitled because no ARB has been
allocated to the said lot. However, as per ocular inspection, Nova G. Ganol
was, and has been the actual occupant of the said lot. Certificate from the
BARC and FIR in relation to the petition for the re-allocation of the said
Nova G. Ganol is also herein attached. It was revealed that, Edwin Ganol,
the former’s husband was among the identified beneficiary, however,
during the final validation for the issuance of the individual title, Edwin
Ganol passed away and Nova Ganol was supposed to replaced him as
farmer beneficiary, however, for unknown reason, Nova Ganol was
inadvertently not included as an allocatee of the said lot. For the past 20
years, Nova Ganol has been cultivating the said lot and no other. No
adverse claims has been noted or has been reported, leading the Field
Validation Team through its legal officer, initiated the filing of Re-
allocation, through ALI proceeding with the Regional Director.

Lot 350-, and Lot 350-, are already allocated as road and has
already
been segregated therein. The road is still existing and such has been used by the
co-owners as their access to barangay roads.

III. RECOMMENDATION

1. As for Lot 350-17, allocated to Valendez Gertrudes, since there was no

prior disqualification/exclusion/inclusion initiated by alleged occupants
since the issuance of the Collective Title, it is presumed that during the
lifetime of the ARB, Valendez Gertrudes, she/he was the actual tiller of the
said landholding. The death of the farmer beneficiary is not among the
grounds for disqualification/exclusion as stated in DAR AO No. 2, Series of
2009 and Sec. 22 of the Comprehensive Agrarian Reform Law . With this,
applying the law on succession in accordance with CARP, the heirs will
inherit the right of being a beneficiary of the deceased. It is then
recommended that the subject lot, be process for individual title in the
name of the original agrarian reform beneficiary. The documents will be
signed by the representative of the heirs,______________________.

2. As for Lot 350-19, filing of re-allocation is to be initiated.

 3. Lasty for Lots _____________, it is recommended for issuance of
title on behalf of the Republic of the Philippines.

Prepared By:

CARLOS KRISTOFFER L. GARCIA

Legal Officer / Field Validation Team Leader

Noted By:

JUSAN P. TUAZON
OIC - Municipal Agrarian Reform Program Officer
Municipality of Manolo Fortich, Bukidnon