HEIRS OF PEDRO PANTALEON

Represented by JUAN PANTALEON,

Claimant- Protestant, RED CLAIM NO. _______
PENRO Claim No. 2015-01
CENRO Claim No.
-versus-
Lot No. 964
Pls 635-D
Dororian, Gigmoto, Catanduanes

FREE PATENT NO. 052005-305

Lot 964, Pls.635-D
ROSARIO T. BONAOBRA
Applicant- Respondent.
x----------------------------------------------------x

ORDER

This case arose from the Protest filed by the Heirs of Pedro Pantaleon,
represented by Juan Pantaleon ( Hrs. of Pantaleon for brevity) against the Free Patent
Application of Rosario T. Bonaobra( Bonaobra for brevity) docketed as FPA No. 052005-
305 which covers Lot No. 964 Pls. 635-D located at Dororian, Gigmoto, Catanduanes
with an area of 723 square meters.

On October 28, 2012, Bonaobra filed for a Free Patent Application over the
subject lot. She anchored her right over the same from an Extra Judicial Settlement of
Real Estate among the Heirs with Waiver of Rights in her favor executed by the
respective representatives of the Heirs of Cirilo Tarroza.

On January 9, 2015, pending issuance of a patent, Juan Pantaleon, in behalf of

his family, filed a Letter-Protest vehemently opposing the titling of Lot No. 964. They
claim that they are the true and real owners of the said lot as Cirilo Tarroza sold the
same to Pedro Pantaleon in 1963. Pantaleon was then required by LMO III/Hearing
Officer Oscar Bitara to submit the requirements of a formal protest in compliance with
existing rules and regulations on the matter.

Subsequently, PENR Officer Joaquin Ed A. Guerrero issued an Order of

Investigation on February 17, 2015.

On March 3, 2015, Applicant Bonaobra submitted her Affidavit of Counter

Protest. Thereafter, a Preliminary Investigation was conducted. Said investigation was
attended by both parties, however, they did not agree to an amicable settlement.
Hence, the parties were required to submit their respective Position Papers.

In his Position Paper, Protestant Hrs. of Pantaleon alleged that Lot No. 964 was
formerly part of Lot No. 289 with a total area of 3,579 square meters. He claims that
his father, Pedro Pantaleon, purchased the same from Cirilo Tarroza, herein Applicant’s
grandfather, as evidenced by Escritura de Venta Absoluta executed on March 9, 1963.
When the provincial road was constructed in 1980, it traversed Lot No. 289 and
occupies 713 square meters. Resultantly, Lot No. 289 was split into two (2), the
southern portion was designated a new lot number, Lot No. 964, with an area of 723

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square meters while the other portion remained as Lot No. 289 with an area 2, 466
square meters. Protestant also asserts that they were not aware of the existence of Lot
No. 964 for they were not advised of the designation of a new lot number to a portion
of their property and that he was shocked when the Applicant started placing sign
boards on the land stating that the same is a private property.

On the other hand, Applicant Bonaobra, contended that the Escritura de Venta
Absoluta which Protestant presented clearly states that what was sold by Cirilo Tarroza
was only Lot No. 289 not Lot No. 964 and that the two are completely distinct and
separate lots. She claims that she and her predecessors-in-interest had been in actual
possession of Lot No. 964 for more than fifty (50) years and after the execution of
Deed Extra Judicial Settlement, the tax declaration had been transferred from Cirilo
Tarroza to her name. Finally, she urged this Office to give due course to her application
as she had fully complied with all the requirements thereof and to dismiss the Protest of
Pantaleon for he had never asserted his right over Lot No. 964 until now, hence, his
claim is already extinguished by prescription and by laches.

On July 8, 2015, LMO III Oscar Bitara submitted his Terminal Report of
Investigation. LMO III Bitara concluded that the Escritura de Venta Absoluta
purportedly executed by Cirilo Tarroza in favor of Protestants, pertains only to Lot No.
289, Pls 635-D, and not Lot No. 964, Pls 6358-D, which is the subject of this case.

The main issue to be resolved in this case is who between the Applicant and
Protestant have preferential right over Lot No. 964, Pls 6358-D. In resolving the same,
it is of paramount importance to determine whether Lot No. 964, Pls 6358-D is indeed
part of Lot No. 289.

Protestant maintains that Lot No. 964, Pls, 6358-D is part of Lot No. 289. He
anchored his claim on the Deed of Absolute Sale or Escritura de Venta Absoluta
executed by and between Cirilo Tarroza and Pedro Pantaleon on March 9, 1963. In the
said deed, citing Tax Declaration No. 3656, the total area of Lot No. 289, is 3,579
square meters.

We find this argument not convincing. Aside from the Affidavits executed by
Diogenes B. Torririt and Gregorio B. Torrecampo, Protestant failed to substantiate his
claim that the construction of the Provincial Road caused the split up of the land, let
alone establish that Lot No. 964 was formerly a portion of Lot No. 289.

In order to determine whether or not there was indeed a reduction in the area of
the Lot No. 286, this Office investigated and conducted a painstaking research before
the Surveys and Mapping Division to find the Cadastral Map of the area prior to 1980.

Consequently, this Office acquired a survey map denominated as Gigmoto Public

Land Subdivision Pls-635, Case 1. The same was approved on December 29, 1959 and
was later reconstructed on February 28, 1991 by the Director of Lands Zoilo Castrillo.
This, along with a Numerical and Area List of Claimants submitted by Certeza Surveying
Co. Inc to DENR, prove the contrary. An evaluation of said documents would reveal that
Lot No. 289 has an area of 2,466 square meters since 1959 with Cirilo Tarroza as the
Original Claimant. This data contradicts the area contained in the Deed of Sale and Tax
Declaration of the Protestant.

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 It is noteworthy to consider that the cadastral survey was originally approved on
December 29, 1959 which was prior to March 9, 1963, the date of sale stipulated in the
Deed between Pedro Pantaleon and Cirilo Tarroza and prior to 1980, the purported date
when the road was constructed and the alleged time when Lot No. 289 was
divided/reduced in size.

Clearly, Lot No. 289 and Lot No. 964 are indeed separate and distinct lots.

Since we have already established that Lot Nos. 964 and 289 are separate and
distinct lots, we now resolve the main issue.

Settled is the rule that no public land can be acquired except by a grant from the
State. This may come in the form of a homestead, sales or free patent or grant. One
claiming private rights must prove that he has complied with the Public Land Act which
prescribes the substantive as well as the procedural requirements for the acquisition of
public lands.

Section 44, Chapter VII (Free Patents) of the Public Land Act provides that “any
natural-born citizen of the Philippines who is not the owner of more than twelve (12)
hectares and who, for at least thirty (30) years prior to the effectivity of this
amendatory Act, has continuously occupied and cultivated, either by himself or through
his predecessors-in-interest a tract or tracts of agricultural public lands subject to
disposition, who shall have paid the real estate tax thereon while the same has not
been occupied by any person shall be entitled, under the provisions of this Chapter, to
have free patent issued to him for such tract or tracts of such land not to exceed twelve
(12) hectares (Law on Natural Resources by Justice Oswaldo D. Agcaoli, page 46; 2007
edition).

In the instant case, the applicant was able to prove possession over the subject
lot for almost

WHEREFORE, premises considered, the Protest of Heirs of Pantaleon is hereby

DISMISSED for lack of merit. Accordingly, FPA No. 052005-305 of Rosario T.
Bonaobra is hereby given due course, provided she qualifies and complies with all the
requisites enumerated by law.

SO ORDERED.

Legazpi City, Philippines,

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 CRISANTA MARLENE P. RODRIGUEZ
OIC, Regional Director
APR/RCS/ZDU/DBB/mags

Copy furnished:

The ARD for Technical Services

DENR V, Rawis, Legazpi City

The PENR Officer

Virac, Catanduanes

Atty. Grace B. Balaoro

Counsel for claimant-protestant
Public Attorney’s Office
Virac, Catanduanes

Atty. Arnel C. Sarmiento

Counsel for applicant-respondent
099 Sta. Elena St.
Virac, Catanduanes

Order-Pantaleon vs. Bonaobra (DBB)

with apt consideration to the Protest filed by Pantaleon. And this can only be
resolved once the identity of the lots in conflict is identified.

The Deed of Absolute Sale or Escritura de Venta Absoluta executed by Cirilo

Tarroza in favor of Pedro Pantaleon on March 9, 1963 identified the lot subject of sale
as Lot No. 289, under Tax Declaration No. 3656 with a total area of 3, 579 square
meters.

Tax Declaration No. 3656 indeed reflects that Lot 289 has an area of 3, 579
square meters. Following the sequence of tax declarations, it can be noticed that in
1980, for some reason, the area indicated therein has been reduced to 2, 466 square
meters. It would seem that a portion, approximately 1, 113 square meters, had been
taken out of Lot No. 289. Protestant claims that the portion taken out comprises the
road, 713 square meters and the new designated lot, Lot No. 964 with 723 square
meters.

Protestant claims the reduction in size of his property happened in the same year
(1980) when the Provincial Road was constructed. He alleges that the road split Lot No.

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289 into three (3) separate pieces, thus, the reduction of his land from of 3, 579 square
meters to 2, 466 square meters.

this Office cannot solely rely on the evidence submitted by him, to wit: the Deed
of Absolute Sale and the Tax Declarations. Admittedly, each document shows that the
total area of Lot No. 289 is 3, 579 square meters; however, these documents are not
conclusive proof of land area as the best evidence for such is the Lot Data
Computation/Numerical and Area List, and the approved Cadastral Map of lots from the
Land Management Bureau. Ironically, an approved Cadastral Map has not been
submitted by either party to substantiate their respective claims.

Correspondingly, the above data also show that the correct area of Lot No. 289
is 2,466 square meters. The theory, allegations and consequently the protest of the
Heirs of Pantaleon must therefore be dismissed for being baseless.