Republic of the Philippines

Provincial Assessor’s Office

Provincial Capitol
La Trinidad, Benguet

Engineer Orlando Oidi

Provincial Assessor
Province of Benguet
Capitol Building, La Trinidad, Benguet

Re: Verified Petition for the Cancellation

of the Tax Declarations of Elvira Castillo under
Tax Declaration/Assessment of Real Property
No. 2010-04-03-01090, 2010-04-03-01034,
2010-04-03-00970 and 2010-04-03-00989.
x - - - - - - - -- - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - - x

Subject: Letter Reiterating the Petition Dated September 7, 2020

Undersigned petitioner, unto this Honorable Office, most respectfully states as

follows:

1. He is of legal age, married, Filipino Citizen and with postal addresses at

No. 27 Camdas, Baguio City, Philippines. He may be served with notices,
and other processes of this Honorable Office at his given address.

2. He is the lawful owner and possessor of a parcel of land with a total land
area of Thirty-Nine Thousand Four Hundred Thirty-Six (39, 436) square
meters, as particularly indicated as Lot 3 in the hereto attached copy of
approved Cadastral Survey Plan 1349, Case-5, Sison Cadastre. The said lot
was waived to him by Jules Sales, the apparent applicant. A copy of the
Cadastral Survey Plan 1349, Case-5, Sison Cadastre marked as Annex “A”
while the Waiver of Rights marked as Annex “B”.

3. Petitioner-transferee had actual possession of the property through the

introduction of improvements, such as but not limited to the following:
Riprap, clearing, and backfilling/levelling. Further, the said lot had been his
storage for the aggregates/ gravel and sand since 2008 to 2009, and even
years prior to that, pursuant to his ISAG Permit, a copy of which is hereto
attached as Annex “C”.

4. Sometime in 2009, the undersigned petitioner and Ms. Elvira S. Castillo

(Ms. Castillo), entered into an agreement (MOA) for the latter to utilize and
operate the Industrial Sand and Gravel Permit with Number 01-2008 (ISAG
Permit) of the former over that area covered by the said ISAG Permit,
which was within Dungon, Sison, Pangasinan. Consequently, Ms. Castillo
continued operating her business of industrial sand and gravel/aggregates
using the property of herein petitioner, above. Copies of the MOA and the
Memorandum of the Provincial Governor of Pangasinan approving the
same are hereto marked as Annexes “D” and series.

5. In 2013, petitioner applied for the renewal of his ISAG Permit but the same
was denied. Pending appeal of such denial, Ms. Castillo failed and/or

Page 1 of 5
 refuses to comply with her contractual undertaking as per the MOA. For
failure of Ms. Castillo to pay the royalty fees agreed upon in the MOA,
herein petitioner, demanded of the former to stop using his property and
remove whatever improvements made thereon. Unfortunately, said Ms.
Castillo refused and insisted on operating her business without herein
petitioner’s consent or permission using as basis the denial of petitioner’s
application for ISAG Permit renewal. From this time on, several complaints
were lodged by the petitioner with several government agencies against the
illegal operation of Ms. Castillo. A copy of the Police Blotter is hereto
attached as Annex “E”.

6. As stated above, in 2015, Cadastral Survey 1349, Case-5, Sison Cadastre,

Pangasinan was approved where herein petitioner was one of the awardees.
In 2017, the other awardee, Jules Sales, waived in petitioner’s favour
portion of that land covered by the said approved Cadastral Survey,
particularly Lot 3, thereof.

7. Sometime in 2018, a Sketch Plan was prepared by Engr. Eric Baldo,

showing the relative position of structures within Lots 2 & 3, CAD. 1349,
Case 5, Sison Cadastre as surveyed for Peter S. Chumawin, Jr. In this
Sketch Plan, it was confirmed that the said structures of Ms. Castillo were
inside the lot of herein petitioner. A copy of the Sketch Plan is hereto
attached and marked as Annex “F” and copy of Google map marked as
Annex “G”. Likewise, an Affidavit of Engr. Baldo as “H”.

8. Sometime lately, herein petitioner filed cases against Ms. Castillo, her
company, MCG Aggregates and Crushing Plant (MCG) and Golden
Aggregates and Crushing Plant, among others, particularly for THEFT and
violation of the Philippine Mining Act of 1995, as amended as well as for
ejectment. In her Counter-Affidavit in the Theft Case as well as ejectment
case, Ms. Castillo, then and there presented copies of Tax Declarations
particularly Tax Declaration/Assessment of Real Property Nos. 2010-04-
03-01090, 2010-04-03-01034, 2010-04-03-00970 and 2010-04-03-00989
(all newly declared) in the name of Ms. Elvira S. Castillo, located as per
the said documents at Dongon, Camp 1, Tuba, Benguet, Philippines. Copies
of the said tax declarations are hereto attached as Annexes “I”, “J”, “K”,
and “L”.

9. These events caused great surprise and frustration on herein petitioner as

these tax declarations are now some of the basis of said Ms. Castillo to lay
claim over portions of the area covered by his approved Cadastral Survey
1349, Case-5, Sison Cadastre. The existence of said tax declarations have
created confusion as it is now being used by Ms. Castillo against our client
in several cases/instances involving the lots covered by Cadastral Survey
1349, Sison Cadastre, Case – 5 located at Dungon, Sison, Pangasinan.
Further, to allow the continued existence creates the possibility of petitioner
being unjustly deprived of their property as the tax declarations might be
utilized for registration of land ownership. Attached hereto is a copy of the
Dungon Sanguniang Barangay Resolution No. 10, Series of 2014 re-
indorsing the application of herein petitioner over his ISAG area and
confirming that the property subject of this instant petition is located at
Dungon, Sison, Pangasinan and not Dongon, Camp 1, Tuba, Benguet, per
the tax declarations of Ms. Elvira Castillo, marked as Annex “M” whereas
the copy of the Technical Report dated November 7, 2019 of the MGB-

Page 2 of 5
 DENR-1 to prove that the operation of Ms. Castillo is within the Cadastral
Survey 1349, Sison Cadastre, Case – 5 as Annex “N”.

10. That under Tax Declaration/Assessment of Real Property Nos. 2010-04-

03-01090, it reveals that it cancelled TD NO./ARP No. 2010-04-03-00968,
covering an area of 15, 851 square meters. When TD NO./ARP No. 2010-
04-03-00968 was plotted and verified, it was found out that it is within the
Unclassified Public Forest. Copy of the said Certification issued by the
DENR is hereto attached as Annex “O”. In 2018, TD NO./ARP No. 2010-
04-03-00968, was revised and the land area covered was increased without
any basis, thus, it is now covered by Tax Declaration/Assessment of Real
Property Nos. 2010-04-03-01090 covering a total area of 22, 376 square
meters. The issuance of a Tax Declaration in favor of a private individual
over an unclassified FOREST LAND and the increase in the area without
any authority patently shows the illegality of Tax Declaration/Assessment
of Real Property Nos. 2010-04-03-01090 in the name of Elvira Castillo.

11. Elvira Castillo cannot secure Tax Declarations from Tuba, Benguet over the
area covered by her MCG Aggregates and Crushing Plant because they are
within Dungon, Sison, Pangasinan. As additional proof, copy of a
Resolution from Barangay Dungon is hereto attached as Annex “P”

12. It may be worthy to reiterate that herein petitioner’s approved Cadastral

Survey had long been in existence prior to the approval of the tax
declarations afore-cited. Further, it cannot be denied that an approved
Cadastral Survey prevails over a tax declaration. Being a legal obstacle,
which effectively prevents herein petitioner to exercise fully the attributes
of ownership as provided by the law, over the lot hereto mentioned, the
same should be voided or cancelled.

PRAYER

Wherefore, premises considered, it is most respectfully prayed of the

Honorable Office of the Provincial Assessor of Benguet to cause the cancellation
of the tax declarations of Ms. Elvira Castillo particularly ARP Nos. 2010-04-03-
00970, 2010-04-03-00989, 2010-04-03-01090, 2010-04-03-01034 (all newly
declared) and any other derivative tax declarations, if any.

Other reliefs as are just and equitable in the premises are likewise prayed
for.

Baguio City, for La Trinidad, Benguet, Philippines. September 14, 2020.

Peter Salupen Chumawin, Jr.,

Petitioner/Lot Owner
117 Camdas, Baguio City

Republic of the Philippines

Page 3 of 5
La Trinidad, Benguet…….s.s.
x - - - - - - - - - - - - - - - - - - -- -x

VERIFICATION

I, Peter S. Chumawin. Jr., of legal age, married, Filipino Citizen and with postal
addresses at No. 117 Camdas, Baguio City, Philippines, respectively, under oath, do
hereby state, that:

1. I am the petitioner in the above-entitled case and I caused the preparation of

the foregoing petition;

2. I have read the same and the allegations therein are true and correct of our
personal knowledge or based on authentic records;

3. I have not commenced/filed any other action or proceeding involving the same
issues, subject matter and parties, in the present case at the Supreme Court,
Court of Appeals, or different divisions thereof, Regional Trial Court, or any
other tribunal, body or agency;

4. To the best of my knowledge, there is no such action or proceeding initiated or

pending before the Supreme Court, Court of Appeals, or any other tribunal,
body or agency;

5. If I should thereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court, Court of Appeals, or any other tribunal,
body or agency, we undertake to report such fact to this Honorable Office
within five (5) days therefrom.

IN WITNESS WHEREOF, we have hereunto set our hands this 14th September
2020 at La Trinidad, Benguet, Philippines.

Peter S. Chumawin. Jr.,

Affiant
Driver’s License No. AO4-10-000980
Valid until 08-19-2023

SUBSCRIBED AND SWORN to before me this day of 14th September 2020 at

La Trinidad, Benguet, affiant personally appeared and exhibited his valid ID, and
identified by me to be the same person who executed the foregoing document.

ATTY. CYRUS C. CALAYA

Doc. No. 292; Notary Public until Dec. 31, 2021
Page No. 59; PTR No. BGTCF6232438; January 10, 2020
Book No. I; IBP Lifetime No. 08051, at Pasig City
Series of 2020. Roll No. 52590, May 12, 2006; Manila
S & B Bldg., FA 224, Km. 4, La Trinidad, Benguet

Copy furnished:

Page 4 of 5
Hon. Melchor Diclas
Provincial Governor, Benguet

Page 5 of 5