SPS.

PEPITO HUGO AND

LEONISA L. HUGO,
Complainant,
-versus- APO Case No. 0407-0200-2019
CANC-4B07-0006-2012
NENITO A. LAGROSSA AND
ANGELO A. LAGROSSA, THE
PROVINCIAL AGRARIAN
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
Provincial Adjudicator, Puerto Princesa, Palawan on 05 September 2011 by
Sps. Pepito Hugo and Leonisa L. Hugo, involving Lot No. 75, Psd-04-
042104(AR) with an area of Thirty four thousand one hundred fifty
(34,150), square meters, more or less, located in Nicanor Zabala, Roxas,
Palawan covered by Transfer Certificate of Title (TCT) No. TC-556/CLOA
No. 00130656 and registered in the name of complainant Sps. Pepito Hugo
and Leonisa L. Hugo. The title was awarded on 26 February 1992
and registered in the Registry of Deeds of Palawan on 13 April 1992.
In his petition, Sps. Pepito Hugo and Leonisa L. Hugo alleged that
the parents of petitioner Leonisa L. Hugo were the actual occupants of a
parcel of land, covered by TCT No. TC-556, since 1953 to 1993 for which
they introduced improvements in compliance for the issuance of title, but
instead the title was issued to respondent Nenito Lagrossa. Thus the
complaint prays that TCT No. TC-556/CLOA No. 00130656 be cancelled
for having been issued erroneously.
On 28 June 2012, an Answer with Special Affirmative Defense was filed
by the respondent, stating therein that the property subject of the
controversy was issued as early as 26 February 1992 and as such it is a rule
that it becomes indefeasible after the lapse of one (1) year from its issuance.
Moreover it is also a settled rule that registration of land under torrens
system extinguishes all claims, liens and encumbrances.
Further, Leonisa Hugo’s father (Prudencio) did not occupy and
introduce improvements in 1953 because Prudencio was still then in Cuyo,
Palawan. That respondent’s father Juan Lagrosa has been in possession
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thereof as early as 1954 and even before the property was covered by the
DAR under R.A. No. 6657 respondent’s father has been in possession
thereof as shown by the receipts of copra issued by the Compania
Consolidada de Caramay. Lastly that Prudencio has a separate CLOA
property identified as Lot No. 349 with Transfer Certificate of Title No. TC-
630 with an area of 21,505 square meters while petitioner Pepito Hugo has
likewise a property with CLOA title under TC-689 with Lot No. 373
containing an area of 13, 636.
In a Letter dated 20 June 2013 the case folder relative to the petition
was forwarded by Provincial Adjudicator Baysa to then Regional Director
Homer P. Tobias, CESO III.
On 12 December 2013, Director Homer P. Tobias, CESO III
transmitted the Investigation Report together with the case folder to Office of
the Secretary.
In a Memorandum dated 01 July 2014, the Director of Bureau of
Agrarian Legal Assistance forwarded the case folder is forwarded to the
Assistant Secretary, Legal Affairs Office.
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 are: 1. whether Lot No. 13068, CAD-800-D
covered by OCT No. 1850/CLOA No. 00100040 was properly covered by
the Comprehensive Agrarian Reform Program; and 2. whether or not
Elidio C. Bundal may be excluded as Agrarian Reform beneficiary.
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 OCT No. 1850/CLOA

No. 00100040 is the same land previously granted to the complainant’s
father under the Free Patent issued by the DENR, particularly OCT No.
1114/Free Patent No. NRD-IV-265191. This was bolstered by PARPO II
Guevara’s comment that the CLOA was erroneously issued and must be
cancelled. In the same vein, the Investigation Report dated 02 December 2013
likewise recommended to grant the cancellation of OCT No. 1850/CLOA
No. 00100040.

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 DENR’s free patent and award, the issuance of OCT
No. 1850/CLOA No. 00100040 to the complainant can no longer allowed.
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APO-0404-XXXX-2019

WHEREFORE, premises considered, an order is hereby issued

declaring OCT No. 1850/CLOA No. 00100040, as NOT COVERED and
cannot be distributed pursuant to the Comprehensive Agrarian Reform
Program. Accordingly, Elidio C. Bundal is deemed EXCLUDED as an
agrarian reform beneficiary.
SO ORDERED.
Quezon City, Philippines. 13 September 2019

ZORAIDA O. MACADINDANG, Al-Hadj.JD

Regional Director
NOT VALID WITHOUT DAR OFFICIAL SEAL

Cc:

ELIDIO C. BUNDAL
Barangay Santa Cruz, Puerto Princesa City, Palawan

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

The REGISTRY OF DEEDS

Puerto Princesa, Palawan

ZOM/MJE/kevin