DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Regional Office No. 02, Cagayan Valley Region

_____________________________________________________________________________________________________

February 9, 2023

MEMORANDUM

FOR : The Assistant Regional Director for Technical Services

FROM : The Inspection Team

SUBJECT : INSPECTION REPORT RE: REQUEST FOR CANCELLATION

AAA OF PLAN CSD-(AF)-02-010838-D ISSUED TO LOT 2155,
CAD-675, CONTAINING AN AREA OF 149,495 SQUARE
METERS, LOCATED AT TAMBOLI, ALLACAPAN,
CAGAYAN

BACKGROUND OF THE SUBJECT LOT:

Records of the subject lot show that, on August 15, 1924, a piece of land containing an
area of 14 hectares, 94 ares and 95 centares (149,495 square meters), located at Paruddun Norte,
Aparrri, Cagayan, was registered in the name of Silverio Talaro under Original Certificate of
Title (OCT) No. (185) 212.

On August 20, 2019, Cleomar T. Valentin and Maria Valentin engaged the services of
Engr. Marlon D. Heronimo to survey lot No. G-4885 and thereafter, the subdivision plan
approved under plan Csd-af-02-010838-D.

On October 2, 2020, the aforementioned survey claimants issued a letter and made
under oath and manifested to cancel the approved subdivision plan on the ground that it was
already registered in the name of Silverio Talaro under Original Certifcate of Title (OCT) No.
(185) 212

OCULAR INSPECTION:

Finding merit in the petition, an Order of Investigation was issued on January 9, 2023,
purposely to conduct an ocular inspection on the subject property.

On January ______________, 2023, the ocular inspection of the lot was conducted
and found the following facts and circumstances were:

1. The subject lot is approximately 6.5 kilometers away from the National Highway of
Allacapan, Cagayam; and

2. The property is in the actual possession and cultivation of the heirs of Silverio Talaue
and developed into several rice paddies.

FINDINGS:

That a verification made on the documents involving the subject lot showed the
following:

On January 28, 2014, Mabini Valentin wrote a letter addressed to the CENR Officer of
CENRO Aparri, Cagayan, to grant him authority to survey a parcel of land designated as lot 2155

# 14 Dalan na Pagayaya cor. Angicacua, Regional Government Center

Carig Sur, Tuguegarao City, 3500
TeleFax. No.: (078) 304-8049; Tel: (078) 304-0768
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(Portion) Cad-575, located at Tamboli, Allacapan, Cagayan, containing an area of 14.9495
hectares.

On February 4, 2014, the request Mr. Valentin was referred to DPLI Jaunito Alejo for
investigation, comment and thereafter, submit a report on the matter with recommendation. It
was also verified that the lot was covered by patent no. G-4885 as per survey list which is
equivalent to lot 2155, Cad-275.

Deputy Public Land Inspector Florante Orata submitted his undated report and based
on the following facts and circumstances:

 That the subject lot sought to be surveyed was verified and found to be
with the Alienable and Disposable land of the public domain, as certified
under Land Classification (LC) Map No. 30-A, Project 13, Block 1, as
certified on February 27, 1923;

 That records disclosed that Lot No. 2155, Cad-675, was verified to have no
claimants as well as from the certified Technical Description issued on
November 20, 2001 by the Chief Records Unit, DENR Region 02,
Tuguegarao City, Cagayan;

 That the possession and cultivation of Mabini Valentin over the portion of
the lot is by virtue of a “verbal transfer” of right from Juan Lucero and
confirmed by another heir Agapita Lucero-Galano;

 That a further verification on the status of the subject lot showed that it is
no covered by a certificate of title, as per certification dated December 12,
2013 by the Registry of Deeds of Sanchez Mira, Cagayan, and the
certification issued by the Land Management Bureau Manila dated April
18, 2014; and

 That the lot is not covered by any similar claims of whoever, and the same
is not subject of any claims and conflicts.

Based on the above findings of Juanito Alejo, he recommended the request of Mr.
Valentin to be granted, and be allowed to file his appropriate public land application.

On August 15, 2014, Survey Authority No. 021503-2033 was granted to Mabini Valentin
with Engr. Marlon D. Geronimo to execute the same.

On August 18, 2014, the survey returns and documents of the subject lot was forwarded
to the Chief of the Surveys and Mapping Division (SMD) for projection, evaluation and approval.

On November 2, 2014 plan was approved in favor of Mabini Velentin, et.al. and docketed
as plan Csd-(af)-02-010838-D.

After a careful evaluation of the documents submitted, it appears that there is double
registration of the property.

Records shows that on August 18, 1924, the lot has been registered under Original
Certificate of Title OCT No. (185) 212 in the name of Silverio Talaro. Thereafter, the afore-
mentioned Original Certificate of Title was cancelled and transferred under Transfer Certificate
of Title (TCT) No. 032-2022003875 in favor of Ruben Padiran, Rubina Padiran-Soriano,
Rosemelyn Padiran-Soriano, Rolando L. Padiran, Rodalyn Padiran-Soriano and Beverly
Padiran-Soriano.

An original certificate of title is made valid and enforceable against the whole world by
the fact that it was issued pursuant to a decree of registration, based from a final judgment

# 14 Dalan na Pagayaya cor. Angicacua, Regional Government Center

Carig Sur, Tuguegarao City, 3500
TeleFax. No.: (078) 304-8049; Tel: (078) 304-0768
www.r2.denr.gov.ph * E-mail: r2@denr.gov.ph ; denr2cv@gmail.com
promulgated by a court of competent jurisdiction after due publication, notice and hearing,
provided that the said decree has not been reopened within one year from the date of its
issuance on the ground of actual fraud.
Given the above ratiocination, the registration of lot 2155 (Portion), Cad-675 in the name
of Mabini Valentin is invalid, on the ground that the subject lot was already registered. Thus, it
is recommended that plan Csd-(af)-02-010838-D must be cancelled, otherwise, it would result
to double titling.

Attached are the documents for ready reference.

FOR INFORMATION AND HIS CONSIDERATION.

MELCHOR S. CASIBANG
Land Management Officer II

ENGR. MICHAEL C. RUMA

Engineer I

Concurred/Noted by:

ENGR. FE CATABAY-LINGAN, EnP

Chief, Surveys and Mapping Division

# 14 Dalan na Pagayaya cor. Angicacua, Regional Government Center

Carig Sur, Tuguegarao City, 3500
TeleFax. No.: (078) 304-8049; Tel: (078) 304-0768
www.r2.denr.gov.ph * E-mail: r2@denr.gov.ph ; denr2cv@gmail.com