ALDIN C. LIBARRA ET. AL.

,
Complainants,
-versus- APO Case No. 0407-0229-2019
THE PROVINCIAL AGRARIAN CANC-4B07-0006-2012
REFORM OFFICER OF DAR-
PALAWAN AND REGISTER
DEEDS OF THE CITY OF PUERTO
PRINCESA,
Respondents.
______________________________________________________________________________

ORDER

For consideration is the Agrarian Law Implementation (ALI) matter

in the above-entitled petition for cancellation filed in the Office of the
Provincial Adjudicator, Puerto Princesa, Palawan on 20 July 2012 by Aldin
C. Libarra, Charlito C. Libarra, Luz J. Hamora, Emeliana L. Fabrigas,
Rosalio Jardin and Rhea L. Panagsagan, involving Lot No. 487, Pls-31 with
an area of Eighty four thousand seven hundred one (84,701), square meters,
more or less, located in Barangay Dipanay, El Nido, Palawan covered by
Original Certificate of Title (OCT) No. 4433/Homestead Patent No. 94813
and registered in the name of Deogracias Libarra. The title was awarded on
27 March 1961 and registered in the Registry of Deeds of Palawan on 12
July 1963.
In his petition, Aldin C. Libarra alleged that
OCT No. 4433/Homestead Patent No. 94813, was erroneously covered
since by a Notice of Coverage the land involved in the notice is a
Homestead Patent issued in favor of Deogracias Libarra and awarded on
27 March 1961. Thus the complaint prays that the Notice of Coverage
involving OCT No. 4433/Homestead Patent No. 94813 be cancelled for
having been issued erroneously.
Hence, this petition is transmitted to this Office to resolve the ALI
matter under Administrative Order No. 4 Series of 2018.
The issue to be resolved is whether Lot No. 487, Pls-31 covered by
OCT No. 4433/Homestead Patent No. 94813 was properly covered by the
Comprehensive Agrarian Reform Program.
After a careful perusal of the records and the issues joined herein,
this Office finds the ALI matter assailing the coverage of the subject
property TENABLE.

It is incontrovertible that the land covered by the Notice of Coverage

i.e., OCT No. 4433/Homestead Patent No. 94813 is the same land
previously granted to Deogracias Libarra under the Homestead Patent Act.
This was bolstered by the Memorandum dated 20 November 2019 issued by
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APO-0407-0229-2019

Municipal Agrarian Reform Officer (MARO) Rosemary M. Tamayo stating

that upon her ocular inspection and investigation, the Notice of Coverage
was erroneously issued and must be cancelled. Further in a Memorandum
dated 29 November 2019 issued by the Provincial Legal Assistance Division
(PLAD) through its Chief, Atty. Reychelle Anne B. Villarta (Atty. Villarta)
forwarded the petition to the Provincial Agrarian Reform Officer II (PARO
II) In said memo, Atty. Villarta, recommended that the instant petition to
lift the notice of coverage issued on OCT No. O-4433 be granted, citing the
ruling in Patricio vs. Bayog, 112 SCRA 25, wherein it was stated that “The
Homestead Act has been enacted for the welfare and protection of the
poor. The law gives a needy citizen a piece of land where he may build a
modest house for himself and his family and plant what is necessary for
subsistence and for the satisfaction of life’s other needs. The right of the
citizens to their homes and to the things necessary for their subsistence
is as vital as the right to life itself. They have a right to live with a certain
degree of comfort as become human beings, and the State which looks
after the welfare of the people’s happiness is under a duty to safeguard
the satisfaction of the vital right.”

Further, well settled is the rule that once the patent is registered and
the corresponding certificate of title is issued, the land ceases to be part of
the public domain and becomes private property, and the State can no
longer award the same to another. (Charlie T. Lee, vs. Rosita Dela Paz, G.R.
No. 183606, October 27, 2009)

Accordingly, since the subject landholding was already awarded by

the State, through the Homestead Patent Act, the issuance of the Notice of
Coverage to the complainant can no longer allowed.

WHEREFORE, premises considered, an order is hereby issued

declaring OCT No. 4433/Homestead Patent No. 94813, as NOT COVERED
and cannot be distributed pursuant to the Comprehensive Agrarian
Reform Program. Accordingly, Lot No. 487, Pls-31 with an area of 84,701
sq.m. is deemed EXCLUDED from the coverage of the Comprehensive
Agrarian Reform Program.
SO ORDERED.
Quezon City, Philippines. 17 December 2019

ZORAIDA O. MACADINDANG, Al-Hadj.JD

Regional Director
NOT VALID WITHOUT DAR OFFICIAL SEAL

Cc:

ALDIN C. LIBARRA,
CHARLITO C. LIBARRA,
LUZ J. HAMORA,
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APO-0407-0229-2019

EMELIANA L. FABRIGAS,
ROSALIO JARDIN
RHEA L. PANAGSAGAN
El Nido, Palawan

The PARPO II
2nd Floor, DAR, City Coliseum
San Pedro, Puerto Princesa City

The REGISTRY OF DEEDS

Puerto Princesa, Palawan

ZOM/MJE/kevin