Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch 44
Initao, Misamis Oriental

HEIRS OF PEDRO YAMARO AND

TASIANA MACAPAYAG, CIVIL CASE NO. 2015-1335
Represented by Pedro Padeno Yamaro
And Judy Yamaro Saligumba,
Petitioners, FOR: JUDICIAL PARTITION

-versus-

CLODUALDO M. YAMARO and

BERNARDO M. YAMARO, rep. by
Corazon Yamaro-Oco,
Defendants.
X- - - - - - - - - - - - - - - - - - - - - - - - /

COMMISSIONERS’ REPORT

COME NOW, the undersigned commissioners, unto this Honorable

Court respectfully report and submit:

1. On September 14, 2018, the Court appointed the following

commissioners:

a.) Engr. Fernando Gurrea – Geodetic Engineer

b.) Engr. Reynaldo L. Tinoy – Geodetic Engineer
c.) Atty. Ian C. Tajonera-Bernardo – Clerk of Court VI

to conduct a survey of the properties subject of this case for partition.

LOT 13644 – BARANGAY BURNAY

2. That, on March 7, 2019, the commissioners conducted a

relocation and structural survey of the property in Barangay Burnay,
Gitagum, Misamis Oriental, a residential area, particularly Lot 13644
Cad-237, in the presence of the persons in actual possession of the said
lot;

3. That, in the course of the survey, all the persons in actual

possession of the lot, except those who are plaintiffs in this case, signified

1
their objection to the partition and insisted that they already own the
respective portions of the lot;

4. That a portion of the lot is now occupied by Barangay Burnay

with the barangay hall and a basketball court erected thereon;

5. That the commissioners immediately called a conference with

the persons claiming to be the owners and who are in actual possession
(with their houses erected thereon) of the respective portions of the lot and
asked them to submit any document in support of their claim;

6. That, immediately thereafter, the survey proceeded to ascertain

the structures/houses found within the property subject of the case and to
determine the specific location of the portions said persons are claiming to
be theirs;

7. That as a result of the survey, the commissioners hereby submit

to the Honorable Court the Relocation & Structural Plan 1 of Lot 13644,
Cad-237, Cagayan Cadastre, located at Barangay Burnay, Gitagum,
Misamis Oriental

8. That, the following persons, claiming to be the owners,

submitted to the commissioners documents on which they base their
possession/occupation of the portions of the lot:

Document Date Vendor Vendee Area

(sq.m)

Deed of Absolute Sale2 11/15/94 Bernardo Yamaro Teodoro Balibagon 134

Deed of Definite Sale3 3/14/76 Bernardo Yamaro Max Ubayubay 330

Deed of Absolute Sale
of Portion of
Residential Land4 3/30/98 Rodolfo Oco Myrna Baguio 440

Deed of Absolute Sale5 11/15/94 Bernardo Yamaro Renato Makahilos 160

Deed of Extra-judicial
Settlement of Portion of
Estate with Sale6 11/12/03 Bernardo Yamaro Pepito Sia Sr. 3,690

Deed of Absolute Sale 01/15/04 Bernardo Yamaro Rosemarie O.

of a Parcel of Land7 Baculio 200
Deed of Absolute Sale8
03/05/04 Bona Dalondonan Solomon Baculio Jr. 152

1
Annex “A”
2
Annex “B”
3
Annex “C”
4
Annex “D”
5
Annex “E”
6
Annex “F”
7
Annex “G”
8
Annex “H”

2
 Deed of Extra-judicial
Settlement of Share of
Estate with Sale9 06/15/12 Corazon Y. Oco Rudy Arano 2,874
Barangay Council of
Deed of Absolute Sale10 06/02/69 Bernardo Yamaro Burnay 5,000

Deed of Absolute Sale11 12/01/65 Pedro Yamaro and

Taciana Macapayag Bernardo Yamaro 5,125

Deed of Absolute Sale12 12/01/65 Pedro Yamaro and

Taciana Macapayag Clodualdo Yamaro 5,125

LOT 13622 - BARANGAY TALA-O

9. On June 19, 2019, the undersigned proceeded to survey Lot

13622 located at Barangay Tala-o, Gitagum, Misamis Oriental.

The plaintiffs were present. Defendants did not appear despite

notice, pointing out instead that a manifestation is already on record that
they are opposed to the conduct of partition.

10. As a result of the relocation and structural survey, the

undersigned found that most, if not all, of the portions are at present,
occupied or possessed by another person.

11. A Relocation & Structural Survey13 is hereby submitted

showing are now occupied and claimed to be owned by the following
persons:

a. Anastacio Pacalda
b. Jerry Pacalda
c. Renato Pacalda
d. Benjie Pacalda
e. Elena Pacalda
f. Evangelyn Y. Mabalo
g. Eddie Y. Mabalo
h. Elvira Y. Lignasan
i. Verginia D. Jabla
j. Randy Y. Mabalo
k. Maxine Chee
l. Arnolfo P. Bonane
m. Willy Bangqiao
n. Willy Bangqiao
o. Nelson Yamaro Jr.
p. Rosita Bonane
9
Annex “I”
10
Annex “J”
11
Annex “K”
12
Annex “L”
13
Annex “M”

3
 q. Vivian Bonane
r. Nelson Yamaro Jr.
s. Ermita Y. Dagpin
t. Maridel O. Somo
u. Jocelyn B. Salbo
v. (Waiting Shed)
w. Remie
x. Almalyn Yaba
y. Elias Quilog
z. Nila Baculio

12. Considering that ownership of both Lot 13644 and Lot 13622
is still in issue, as shown by the numerous person now claiming to be
owners of the respective portions of the lots, and the fact that trial has yet
to be conducted and the right of the plaintiffs determined, the
commissioners could not successfully partition the subject properties in
accordance with Rule 69 of the Revised Rules of Court.

Respectfully submitted for the Honorable Court’s consideration this

th
17 of September 2019.

ATTY. IAN C. TAJONERA-BERNARDO

Commissioner - Chairperson

ENGR. FERNANDO B. GURREA ENGR. REYNALDO L. TINOY

Commissioner Commissioner