CASE BRIEF

NAME OF
LANDHOLDING XAVIER UNIVERSITY PROPERTY

PROFILE OF 1. Landowner/ Tax Declaration/ TCT/ OCT, Free Patent/Homestead, etc. (List titles)

THE I.
LANDHOLDING Previous owner: Ramon Roces
Present Owner : Xavier University, Incorporated
Lot No. SI – V - 18142
Location :Cagayan de Oro City
Area :109.2343 Hectares
Title No. : TCT No. T-66572
Scheme of Coverage: Compulsory Acquisition

1. Identity of Claimants/ Tenants/Farmer Beneficiaries (specify gender: M/F)

1. Maitom Farmers Association and the Progressive Free Farmers
CARP Beneficiaries Association, Inc.
BRIEF Operational - CARP Coverage
BACKGROUND
OF THE ISSUE Legal: Application for CARP exemption
Admin/ Others:

PARTIES Principal
(Enumerate and 1. Maitum Farmers Association and the Progressive Free Farmers CARP
describe Beneficiaries Association, Inc.)
party/ies ) 2. Xavier University, Inc.

LEGAL CASES: 1. Case No. A-999-03-R-309-00 Application for CARP exemption

Cases title,
docket no.,
where filed
NATURE OF  The Xavier University, Inc. has been trying to exempt the subject landholding
CASE from CARP coverage as it plans to utilize the land for educational purposes. It
is now initiating a win-win solution with the farmers with some proposals to
provide support for the farmers and their families.
FACTS 1. Basic Facts of the case (What, when, where, who)
The subject landholding was originally owned by Don Ramon Roces. In
1987 DAR Misamis Oriental covered the landholding under compulsory
acquisition. August 29, 1988 the subject land was transferred to the name of
the present owner Xavier University, Inc. by virtue of the gratuitous act of Don
Ramon Roces who executed a Deed of Donation dated August 29, 1988. The
transfer was executed without prior clearance from the DAR;

2. Operational Chronology/ Antecedents (Coverage, survey, exclusion, etc.)

May 28, 1991 – Notice of Coverage was issued to the original owner,
Don Ramon Roces;

December 9, 1991 – Notice of Valuation was issued for a portion of the

landholding consisting of 65.4690 Hectares after finding that

Case Brief of Xavier University Property in Upper Puerto, Cagayan de Oro City Page 1
 portion of the land is not suitable for CARP coverage;

February 2008 - PARO Zoraida O. Macadindang issued a Notice of

Coverage to the landowner.

March 29, 2011 - Consistent with her commitment for the Program,
PARO Macadindang issued a directive to the MARO of Cagayan
de Oro City to proceed with the steps to cover the subject
agricultural land.

April 14, 2011- Notice of coverage was posted in the City and Barangay
Hall;

April 16, 2011 – Preliminary list of Potential Agrarian Reform

Beneficiaries posted in the City Hall and Barangay Hall;

April 22, 2011 - Certification of Posting Compliance was issued;

May 11, 2011 – Updated Preliminary list of Potential Beneficiaries of

CARP posted in the Barangay Hall;

May 31, 2011 - Certification of Posting Compliance was issued;

June 14, 2011 – Masterlist of Agrarian Reform Beneficiaries posted in

the Barangay Hall;

June 30, 2011 – Certification of Posting compliance issued;

July 8, 2011- The DARPO attended the dialogue between the Maitom
Free Farmers Association and the Xavier University
Representative.
September 16, 2011- Meeting was called by the DARPO to inform the
Farmers of the newly created Task Force of the DARPO
personnel that will fast-track the coverage of the subject
landholding.
September 20, 2011- The Task Force members went to the area and
started to do the relocation survey, validation and profiling of
actual occupants and prospective beneficiaries.

3. Case/ Legal Chronology/ Antecedents (filed case in court, petition, answer,

appeal)
March 29, 1994 – Upon Motion of Don Ramon Roces, PARAD Michelle
Anayron provisionally dismissed the land valuation case in order
to allow the former to file for exemption;

May 16, 1994 – Application for exemption was filed by Don Ramon
Roces before the Office of the Secretary docketed as Case No. A-
999-03-R-309-00. The application was grounded on the claim
that Brgy. Bugo where the land is allegedly located has been
reclassified as residential by virtue of City Ordinance No. 880 s.
1979, that the land is not being devoted to agriculture and that
it is intended to be used for educational purposes;

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 November 5, 1999 – The application for exemption was DENIED by
then DAR Secretary HORACIO R. MORALES, JR., accepting the
certifications executed by the local government unit of Cagayan
de Oro City and Barangay Captains of Bugo and Puerto to the
effect that the subject landholding falls within Maitum district,
Brgy Puerto, and within the agricultural zone.

December 1, 1999 – Xavier University, Inc. filed a Motion for

Reconsideration of the Order of the DAR Secretary dated
November 5, 1999;

December 27, 1999 – The Free Farmers Landless Association, Inc.

(Now Progressive Free Farmers CARP Beneficiaries Association,
Inc.) of Upper Puerto (Maitom) filed an opposition to the Motion
for Reconsideration;

December 8, 2006 – The Motion for Reconsideration was DENIED by

then OIC Secretary Nasser C. Pangandaman in DARCO ORDER
NO. EXC(MR)-0612-379 .

March 6, 2008 –Xavier appealed to the Office of the President docketed

as O.P. CASE NO. 08-C-099 (DARCO ORDER NO. EX (MR)-
0612-379 Series of 2006 A-9999-03-R-309-00);
August 13, 2008 – The Office of the President Dismissed the Appeal.
September 2, 2008 – Xavier filed a Motion for Reconsideration of the
Order of the Office of the President;

March 23, 2009 - In a Resolution the Office of the President DENIED

the Motion for Reconsideration

May 14, 2009 – Xavier Filed a Petition for Review on certiorari (Under
Rule 43 of the Revised Rules of Court) docketed as C.A. GR SP
No. 02950, (OP Case No. 08-C-099) DARCO Order No. EXC
(MR)-0612-379 Series of 2006)(A-9999-03-R-309-00), IN RE:
APPLICATION FOR EXEMPTION FROM CARP COVERAGE UNDER
DAR ADMINISTRATIVE ORDER NO. 6, SERIES OF 1994,
INVOLVING A PARCEL OF LAND COVERED BY OT NO. 214 (TCT
T-66572) WITH AN AREA OF 109.2343 HECTARES, LOCATED AT
CAGAYAN DE ORO CITY. The Petition remains pending before
the Court of Appeals;

Critical Event/Situation
On September 16, 2011- A heated argument ensued when the
Group of Mr. Jose Pabonita together with one Mr. Edgardo
Malliza, A.K.A Atty. Maliza who attended the meeting at the
DARPO Conference Hall strongly opposed the move of the newly
created DAR Task Force to proceed with its plan to conduct
validation and re-survey in the subject landholding. They are
accusing the DAR of facilitating the request of the landowner
Xavier University which has recently filed an application for land

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 conversion. Some of the followers of Mr. Jose Pabonita and News
Reporter Mr. Ed Malisa did not sign the ARB Application Form
which is very material for would-be CARP beneficiaries.

ISSUES/
CONCERNS
Principal Can the Pabonita Group that uses the Group Maitom Free Farmers Association
prevent the DAR Management from pursuing its plan to conduct validation, re-survey
and profiling of the prospective CARP beneficiaries over the subject landholdings?
Secondary/Others

ALLEGATIONS/ CLAIMS OF PARTIEs:

1. The Group of Jose Pabonita and News Reporter Mr. Ed Mallisa claims that the DAR Management
and the Task Force could not do anything inside the CARP targeted area without their approval.
2. The DAR Management and the Task Force hold the view that the efforts to cover the subject
landholding under CARP (Compulsory Acquisition) requires the conduct of survey, validation
and profiling of the occupants to ascertain the area of cultivation and verify the status of the
prospective beneficiaries. These activities must be done even against the will of the few concern
individuals.
3. The Xavier University holds the view also that it has the right to apply for land conversion and is
moving for a win-win solution to its problem with the farmers.
FINDING/S :

PRESENT UPDATE/STATUS

The DARPO Management, determined to proceed with its plan to cover the subject
landholding under CARP Compulsory Acquisition Scheme, is in the process of identifying the
rightful farmer beneficiaries. The Court of Appeals has rendered a decision dated March 15,
2013 denying the Petition of the Landowner and affirming the March 23, 2009 Ruling of the
Office of the President

Recommendation: The DARPO shall continue the process of covering the subject Property
while the farmers and the Landowner Xavier University is working for another workable or
Win-Win solution to their differences. The proposed economic packages for the farmers by
the landowner Xavier University Management is submitted to the DAR Central Office for its
consideration and other appropriate actions.

Prepared by: April 22, 2013

CASSER B. AMEROL

PQRO
Noted by: ZORAIDA OMAR-MACADINDANG, ALHADJA

PARO II

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