REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM

Tunay na Pagbabago sa Reformang Agraryo

Eduardo T. Canoog, Jr., ARO-1300-0101-2023

Petitioner (APO-1302-0178-2022)
22-065711
vs.
FOR: Reallocation of Excess Area of Award
Ernesto L. Cano-og
Vincent M. Cano-og
Remedios C. Maglasang,
Respondents

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RESOLUTION

This is a petition for re-allocation of the excess area filed by Eduardo T.

Canoog, Jr. (Mr. Canoog, Jr.) and to qualify him as an Agrarian Reform
Beneficiary (ARB).

The landholding subject matter of this case is an awarded land issued with
OCT No. D-3516, CLOA No. 00018578, with Lot No. 2216 consisting an area of
9.2485 hectares, located at Barangay Osmeña, La Paz, Agusan del Sur. This land
was awarded on 15 August 1991 in favor of three (3) Comprehensive Agrarian
Reform Program (CARP) beneficiaries namely; (i) Ernesto L. Cano-og; (ii) Vincent
M. Cano-og; and (iii) Remedios C. Maglasang.

During the Consultation Meeting conducted by the Field Validation Team

(FVT) on November 19, 2021, it was found out that the above-named ARBs are
tilling more than three (3) hectares each of agricultural land, to wit; (i) Ernesto L.
Cano-og with tilled area of 3.0828 hectares; (ii) Vincent M. Cano-og with tilled area
of 3.0828 hectares; and (iii) Remedios C. Maglasang with tilled area of 3.0829
hectares.

Considering that under Section 23 of RA 6657, each ARB should only be

awarded of at least three (3) hectares. This prompted the DAR Municipal Office of
La Paz (DARMO La Paz) through its Municipal Agrarian Reform Program Officer
(MARPO) to identify potential ARB to be awarded of the excess area.

Petitioner then filed a complaint on February 10, 2022 for his inclusion as
CARP beneficiary praying that his name be inscribed in OCT No. D-3516 and he
will correspondingly be issued with his title on the excess area of award.

Pursuant to DAR A.O. 3, series of 2017, DARMO La Paz conducted an

amicable settlement on February 21, 2022 where the parties reached an
agreement in which the ARBs of herein CLOA agreed to modify their respective
allotted land area in the following manner; (i) Ernesto L. Cano-og under Lot No.
2216-A with an area of 1.9922 hectares; (ii) Vincent M. Cano-og under Lot No.
2216-B with an area of 2.1828 hectares; and (iii) Remedios C. Maglasang under
Lot No. 2216-F with an area of 2.0826 hectares respectively. They further agreed
to reallocate their excess area under Lot No. 2216-C, Lot No. 2216-D and Lot

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CTP Bldg. Km. 4, Libertad, Butuan City WEBSITE www.dar.gov.ph
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF AGRARIAN REFORM
Tunay na Pagbabago sa Reformang Agraryo

2216-E containing an areas of 0.9000 hectares, 1.0909 hectares and 1.0000

hectare, respectively to herein petitioner Eduardo T. Canoog, Jr.

Based on the Status Report of the concerned MARPO, after screening

based on the documents submitted, petitioner is found to be qualified to become
CARP beneficiary and suffer none of the disqualification.

Concomitantly, when the investigation and on-site validation were

conducted by the DAR Provincial Office through the Legal Services Division
(LSD), it was found that the subject landholding is planted with corn and oil palm
tree. Consequently, it recommended that Lot No. 2216-C, Lot No. 2216-D and Lot
2216-E be awarded in favor of Eduardo T. Canoog, Jr.

Among other documents, the following were found material and relevant in
the disposition of this case, to wit: (i) Masterlist of Qualified ARBs, (ii) Certificate of
Mediation, (iii) photocopy of CLOA No. 00018578, (iv) BARC Certification and (v)
Lot Allocation Scheme/Sketchplan.

The identified issues in this case are;

1. Whether the disposition of excess areas of the award

on the subject land is proper; and

2. Whether these excess areas should be reallocated to

petitioner as qualified CARP beneficiary;

As provided in Section 54 of DAR A.O. 7, series of 2011 otherwise known

as “Revised Rules and Regulations Governing the Acquisition and Distribution of
Private Agricultural lands under R.A. 6657, as amended, provides as hereto
quoted:

“SECTION 54. Screening and Selection of Qualified Beneficiaries.

— Upon receipt of the application and documentary requirements,
the MARO together with the BARC shall screen and select qualified
beneficiaries pursuant to Section 22 of R.A. No. 6657, as amended,
in a particular landholding. The BARC shall certify the Master List
under oath within five (5) days after the screening and selection.
The BARC certified Master List shall be provided to the PARO for
the latter's approval.”

Furthermore, Sections 23 and 22 of Republic Act No. 6657, as

amended, likewise provide:

“Section 23. Distribution Limit. – No qualified beneficiary may own

more than three (3) hectares of agricultural land.

Section 22. Qualified Beneficiaries. - The lands covered by the

CARP shall be distributed as much as possible to landless
residents of the same barangay, or in the absence thereof, landless
residents of the same barangay, or in the absence thereof, landless
resident of the same municipality in the following order of priority:
a. agricultural lessees and share tenants;

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 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF AGRARIAN REFORM
Tunay na Pagbabago sa Reformang Agraryo

b. regular farm workers;

xxx xxx xxx

g. others directly working on the land.”

Moreover, Section 8 of R.A. 9700 also provides:

“Sec. 8. there shall be incorporated after Section 22 of R.A. No.

6657, as amended, a new section to read as follows:

Sec. 22-A. Order of priority. - A landholding of a landowner shall be

distributed first to qualified beneficiaries under Section 22,
subparagraphs (a) & (b) of that same landholding up to a maximum
of three (3) hectares each. Only when these beneficiaries have all
received three (3) hectares each, shall the remaining portion of the
landholding, if any, be distributed to other beneficiaries under
Section 22, subparagraphs (c), (d), (e), (f) & (g).”

Finding that the petitioner is among the listed qualified beneficiaries of the
subject land as proved with the BARC Certified Masterlist approved by the
Provincial Agrarian Reform Program Officer (PARPO), this office declared him as
qualified beneficiary of CLOA No. 00018578.

Further, after a careful review, the Certificate of Mediation wherein the

parties voluntarily agreed to re-allocate Lot No. 2216-C, Lot No. 2216-D and Lot
2216-E in favor of the petitioner considering that their respective awards exceeded
the 3-hectares limit, thus, this office affirms the re-allocation.

WHEREFORE, premises considered, this office resolves to declare

Eduardo T. Canoog, Jr., to be a qualified beneficiary of CLOA No. 00018578.

Let the excess award embraced under Lot No. 2216-C, Lot No. 2216-D and
Lot 2216-E containing an areas of 0.9000 hectare, 1.0909 hectares and 1.0000
hectare, respectively be re-allocated in favor of Eduardo T. Canoog, Jr.

Let the proper petition be filed before the Office of the Provincial
Adjudicator.

SO RESOLVED.

DARRO XIII-Caraga, Butuan City, _____________.

ATTY. MERLITA S. CAPINPUYAN

Regional Director

DAR REGIONAL OFFICE LEGAL SERVICES DIVISION TELEFAX (085) 815 63374
CTP Bldg. Km. 4, Libertad, Butuan City WEBSITE www.dar.gov.ph