IN RE: DISQUALIFICATION OF

BENIGNO RAMBONGA. VICERA

IN 14, Pls-311-D, COVERED BY
TRANSFER CERTIFICATE OF
TITLE (TCT) NOS. TC-34, CLOA
NO. 00109790 WITH AN AREA OF
EIGHTY THOUSAND (80,000)
SQUARE METER, MORE OR
LESS, LOCATED IN BARANGAY
PLARIDEL, ABORLAN,
PALAWAN,

CONRADO S. GUEVARRA,
Petitioner,

-versus-

BENIGNO RAMBONGA. VICERA,

MERRIAM VISITACION, NELZAHIB
AIZO AND EDDIE UNTALAN,
Respondents.

APO-0404-XXXX-2019
______________________________________________________________________________

ORDER

This resolves the Memorandum pursuant to Administrative Order

No. 04, Series of 2018, as amended, filed by PARPO II Conrado S.
Guevarra, involving the landholding specifically described as Lot No. 14,
Pls-311-D, containing an area of Eighty thousand (80,000) square meters,
more or less, registered in the name Benigno R. Vicera, Merriam Visitacion,
Nelzahib Aizo and Eddie Untalan located at Barangay Plaridel, Aborlan,
Palawan, covered by TCT No. TC-34, CLOA No. 00109790 which was
awarded on 26 June 1991. The said title was registered in the Registry of
Deeds of Marinduque on 30 July 1991.

The PARPO II Conrado S. Guevarra, is recommending the

cancellation of TCT No. 34, CLOA NO. 00109790, because said title was
erroneously issued through since Lot No. 14 is actually in Narra and not in
Aborlan, Palawan. In support of his claim, PARPO II Conrado S. Guevarra
attached a copy of the report of the MARO of Aborlan, Palawan and the
supporting documents therein dated 31 July 2000 and the recommendation
of the Legal Division, DARPO-Palawan dated 17 September 2018.
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APO-0404-XXXX-2019

Further the background information in the Memorandum issued by

the Officer-in-Charge, Legal Division, DARPO Palawan on 18 September
2018, states that:

“TCT No. TC-34, emanated from or was previously covered by

OCT No. G-5744, registered in the name of German Gonzales with
an area of 80,000 square meters, more or less located at Barangay
Narra, Aborlan (now Poblacion, Narra), Palawan. OCT No. G-5744
was foreclosed by DBP leading to the cancellation of the earlier title
and the issuance of Transfer Certificate of Title No. 6836 in favor of
DBP. It is worthy to emphasize that Narra was previously part of the
Municipality of Aborlan and, now Nara has been constituted as a
municipal local government.

At the advent of the Comprehensive Agrarian Reform Law,

the Development Bank of the Philippines (DBP), on January 29, 1991,
represented by Reynaldo Penus, Branch Head, Puerto Princesa City
and in compliance with the mandate of Executive Order No. 407,
executed a Deed of Transfer (DOT) covering 18 foreclosed
agricultural lots in favor of the Republic of the Philippines as
represented by the Department of Agrarian Reform.

Included in the parcels of land transferred to DAR is TCT No.

T-6836, registered in the name of DBP, with Lot No. 14, Psd-311-D,
containing an area of 8.0000 hectares, located at Tigman, Aborlan,
Palawan.

Subsequently, and following the transfer executed by DBP to

DAR, TCT No. T-9995 was issued in favor of the Republic of the
Philippines thereby cancelling T-6836. Continuing with the coverage
and distribution of the covered property, Benigno R. Vicera,
Merriam Visitacion, Nelzahib Aizo and Eddie Untalan, after being
identified as beneficiaries, were issued with TCT No. TC-34, with
CLOA No. 00109790, on June 26, 1991. To give emphasis, TCT No.
TC-34 bears Lot No. 14, Pls-311-D which technical description is akin
and similar to the technical description contained in TCT No. 6836
and OCT No. G-5744”

Thus in light of the foregoing the issue to be resolved is whether the

land granted to Benigno Vicera, Merriam Visitacion, Nelzahib Aizo, Eddie
Untalan as grantees of TCT No. TC-34, CLOA No. 00109790 is erroneously.

This Office finds in the POSITIVE.

At the outset it bears stressing that Section 5 of Department
Administrative Order (DAO) No. 4, Series of 2018, entitled Amendment
to 2018 Omnibus Summary Rules of Cancellation Case of Emancipation
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APO-0404-XXXX-2019

Patents, Certificates of Landownership Awards and Other Titles Issued

Under Any Agrarian Reform Program, as this involves an unresolved
Agrarian Law Implementation (ALI), the resolution of the same is now
within the realm of the jurisdiction of the Office of the Regional Director.
Corollary to the above, Paragraph 2.1., Section 2, Rule I of
Department Administrative Order (DAO) No. 3, Series of 2017,
entitled the 2017 Rules on Agrarian Law Implementation (ALI) Cases
states:
Section 2. ALI Cases. These Rules shall govern all
cases arising from or involving:
2.1. Classification and identification of landholdings for
coverage under the agrarian reform program and initial
issuance of Certificates of Landownership Awards (CLOAs)
and Emancipation Patents (EPs), including protest or
oppositions thereto and petitions for lifting such coverage.
In the case at bar, Lot No. 14, Pls-311-D clearly pertains to another
property since Lot No. 14, Pls-311-D and its corresponding technical
description does not refer to TCT No. TC-34, located at Aborlan, Palawan,
rather said Lot number and technical description refers to a property in
Narra, Palawan, previously with OCT No. G-5744.
In addition to the report of the MARO of Aborlan, Palawan and the
supporting documents therein dated 31 July 2000 and the recommendation
of the Legal Division, DARPO-Palawan dated 17 September 2018 the
abovementioned is supported by a Certification of the Municipal Assessor
of Aborlan, Palawan dated 12 July 2005 stating therein that as per
verification and research work made by that office Lot No. 14, Pls-311-D is
not within the municipality of Aborlan, Palawan. Further, said Certification
stated that as of 12 July 2005 Benigno Vecira, Sr. has no real property
declared in his name. In connection with the aforementioned, attached
herein is a Certification of the Provincial and Municipal Assessor of Narra,
Palawan dated 22 August 2000 stating that Lot No. 14, Pls-311-D is located
in Poblacion Narra, Palawan and that said lot is assessed in said office
under TD No. 001-2320-A.

In view of the foregoing statements and documents presented, this

Office strongly finds that Lot No. 14 is indeed erroneously issued because
First the sheer discrepancy involved in the technical description of Lot No.
14, Pls-311-D, gives rise to the finding that said lot is indeed mistakenly
issued. Second the certifications issued by the Municipal Assessor of
Aborlan, Palawan and Provincial and Municipal Assessor of Narra,
attesting to the mistake in the designation of Lot No. 14, Pls-311-D further
leads to the conclusion that the Lot No. 14, Pls-311-D is inaccurately
designated, thus warranting a correction.
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APO-0404-XXXX-2019

Lastly considering that being an agrarian reform beneficiary is not a

natural right but a mere privilege granted by law specifically R.A. 6657
otherwise known as the Comprehensive Agrarian Reform Law, as
amended. It follows that compliance therewith is strictly construed against
the beneficiary.

IN VIEW THEREOF, an Order is hereby issued declaring the

erroneous identification for coverage under CARP of Lot No. 14, Pls-311-D,
covered by TCT No. 34, CLOA No. 00109790 issued in the names of
Benigno R. Vicera, Merriam Visitacion, Nelzahib Aizo and Eddie Untalan.
SO ORDERED.

23 August 2019, Quezon City.

EUGENE P. FOLLANTE
Regional Director

Cc:

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

The REGISTRY OF DEEDS

Puerto Princesa, Palawan

EPF/MJE/kevin