.

JE-ANN Q. OLAC-ELEFANE,
Complainant,
-versus- APO Case No.
ALPHA O. VALDEZ, THE 0407-0136-2019
PROVINCIAL AGRARIAN
REFORM OFFICER OF DAR-
PALAWAN AND REGISTER
DEEDS OF THE CITY OF PUERTO
PRINCESA,
Respondent.
______________________________________________________________________________

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 27 April 2019 by
Je-Ann Q. Olac-Elefane, involving the following properties:
Registe- TCT CLOA Lot No. Hect Date of Date of
red No. No. ares Issuance Registra
Holder tion
Alpha O. TC- 00707312 1376-B-5, 9,882 10 July 25 June
Valdez 5856 1376-B-7, 2003 2004
Psd-04-
126859 (AR)
Je-Ann Q. TC- 00707313 1376-B-8, 9,868 10 July 25 June
Olac- 5857 Psd-04- 2003 2004
Elefane 126859 (AR)

The records reveal that sometime in 1996, OCT No. G-7177

(homestead patent), covering Lot No. 1376, covering 13.9403 hectares was
registered in the name of Bonifacio Olac, father of herein complainant
Je-Ann Q. Olac-Elefane and respondent Alpha O. Valdez. Said land was
placed under Comprehensive Agrarian Reform Program (CARP) coverage
pursuant thru Voluntary Land Transfer (VLT) scheme. Thus Lot No. 1376
was subdivided into two lots, namely:

1. Lot No. 1376-A covered by TCT No. TC-2157/CLOA No.

00439473, issued to Estelita and Jessie Banas, with an area of
3.9403 hectares;
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2. Lot No. 1376-B covered by TCT No. TC-2156-/CLOA No.

00439473, issued to Rosemarie O. Gabaleo, Jeros Domino Olac,
Jeremiah Q. Olac, Je-Ann Q. Olac-Elefane (Je-Ann), Alpha O.
Valdez (Alpha) Mary Ann O. Alfaro, Jimrod Q. Olac and Marilyn
O. Dinaguit, as children/heirs of Bonifacio Olac;

On 26 September 2002, the siblings decided to have a separate and

individual title and executed a duly notarized Deed of Partition of Collective
CLOA subdividing and partitioning Lot No. 1376-B into nine (9) lots,
allocated and apportioned as follows:
Name of Co-owners Lot No. Area (sq. ms)
Jimrod Q. Olac 1376-B-1 9,877
Rosemarie O. Gabaleo 1376-B-2 9,877
Jeremiah Q. Olac 1376-B-3 9,877
Mary Ann O. Alfaro 1376-B-4 9,825
Alpha O. Valdez 1376-B-5 4,386
1376-B-7 5,496
Je-Ann Q. Olac-Elefane 1376-B-8 9,868
Jeros Domino Olac 1376-B-9 9,876
Marilyn O. Dinaguit 1376-B-10 9,870

However, upon the issuance of TCT No. TC-5856 covering Lot Nos.
1376-B-5 and 1376-B-7 in the name of Alpha, herein complainant Je-Ann
objected and alleged that the Lots allotted to Alpha was erroneous since the
former is the actual occupant of Lot Nos. 1376-B-5 and 1376-B-7 and that
the same was the land granted to her by their father. Further when Je-Ann
utilized Subdivision Plan No. Psd-04-126859 (AR), the same indicated that
Lot Nos. 1376-B-8 which was awarded to her is the one which should have
been given to Alpha corollary Lot Nos. 1376-B-7 given to Alpha is the
property which should have allocated to her.
In response thereto, respondent Alpha contended in her 17 June 2019
Comment that her title became imprescriptible and indefeasible upon
registration of the same under the Torrens system. Further, the Department
of Agrarian Reform (DAR) has no jurisdiction over the cancellation of her
title.
In a Memorandum dated 19 August 2019, the Chief of the Legal
Assistance Division, 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 an Order be issued
granting the petition for cancellation and nullity of CLT No. 0-65541, and
0-65415.
In an undated Case Report by the Municipal Agrarian Reform Officer
(MARO) Elenita Sandalan, a recommendation was made for the correction
of the owner’s name based on the Approved Subdivision Plan, thus Je-Ann
Olac should be the owner of Lot Nos. 1376-B-7, Psd-04-126859 (AR) for TCT
No. TC-5856 and Alpha O. Valdez be the owner of Lot No. 1376-B-8, Psd-
04-126859 (AR).
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In a Memorandum dated 19 August 2019, the Provincial Legal

Assistance Division (PLAD) through Atty. Reychelle Anne B. Villarta (Atty.
Villarta) forwarded the petition to the Provincial Agrarian Reform Program
Officer (PARPO) II for the Province of Palawan. In said memo, Atty.
Villarta stated that there have been errors in the documentation of Lot No.
1376-B-7 and 1376-B-8, considering that Lot No. 1376-B-7 has been allotted
to Alpha when it should be awarded to Je-Ann, consequently Lot No. 1376-
B-8 has been allocated to Je-Ann when it should have been given to Alpha.
In a Memorandum dated 22 August 2019, the PARPO II of Palawan
forwarded the petition to the Regional Director of DAR Mimaropa. In said
memo, PARPO II of Palawan, sustained the memo of Atty. Villarta.
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 TCT No. TC-5856/CLOA No.
00707312 covering Lot Nos. 1376-B-5 and 1376-B-7 granted to Alpha O.
Valdez and TCT No. TC-5857/CLOA No. 00707313 covering Lot Nos. 1376-
B-8 granted to Je-Ann Q. Olac-Elefane were properly covered under the
Comprehensive Agrarian Reform Program.

This Office finds in the NEGATIVE.

Based on the records of the case, it is incontrovertible that TCT No.

TC-5856/CLOA No. 00707312 covering Lot Nos. 1376-B-5 and 1376-B-7
granted to Alpha O. Valdez and TCT No. TC-5857/CLOA No. 00707313
covering Lot Nos. 1376-B-8 granted to Je-Ann Q. Olac-Elefane. Considering
the following:

1. That the relatives of both Je-Ann and Alpha, have submitted sworn
statements attesting to the fact that Lot No. 1376-B-7 is occupied by
Je-Ann.
2. Barangay Certification issued by the punong barangay of Calategas,
Narra, Palawan, certifies that Je-Ann is the actual occupant of Lot No.
1376-B-7.
3. The kasunduan signed by both Je-Ann and Alpha, signed by the
parties with the assistance of the MARO of Palawan, states that
Alpha acknowledges the ownership of Je-Ann over the disputed lots.
4. The Subdivision Plan No. Psd-04-126859 (AR), the same indicated
that Lot Nos. 1376-B-8 which was awarded to Je-Ann is the one
which should have been given to Alpha corollary Lot Nos. 1376-B-7
given to Alpha is the property which should have allocated to her.

The aforementioned was further bolstered by the recommendations

by the Chief of the Legal Assistance Division, PARO II and MARO of
Palawan. All of the aforementioned have consistently stated that the prayer
of herein complainant Je-Ann should be granted, in light of the error in the
issuance of the disputed TCTs.
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APO-0404-0136-2019

Accordingly, since it is clear that TC-5856/CLOA No. 00707312 and

TCT No. TC-5857/CLOA No. 00707313 is incorrectly issued to Je-Ann and
Alpha respectively, it follows that the same needs to be rectified by issuing

TC-5856/CLOA No. 00707312 to Je-Ann Q. Olac-Elefane and TCT No. TC-

5857/CLOA No. 00707313 to Alpha O. Valdez.

WHEREFORE, premises considered, the ALI matter for the

erroneous identification, coverage and distribution of TCT No. TC-5856/
CLOA No. 00707312, and TC-5857/ CLOA No. 00707313 covering a total
area of Nine thousand eight hundred eighty two (9,882) square meters,
more or less, and Nine thousand eight hundred sixty eight (9,868)
respectively, located in Calategas, Narra, Palawan under the
Comprehensive Agrarian Reform Program by the complainant is hereby
settled in favor of the Petitioner Je-Ann Q. Olac-Elefane.

SO ORDERED.

Quezon City, Philippines. 15 October 2019

ZORAIDA O. MACADINDANG, Al-Hadj.JD

Regional Director
NOT VALID WITHOUT DAR OFFICIAL SEAL

Cc:
ALPHA O. VALDEZ The PARPO II
Barangay Santa Cruz, Puerto Princesa City, Palawan 2nd Floor, DAR, City Coliseum
San Pedro, Puerto Princesa City

JE-ANN Q. OLAC-ELEFANE The REGISTRY OF DEEDS

Barangay Santa Cruz, Puerto Princesa City, Palawan Puerto Princesa, Palawan

ZOM/MJE/kevin