(PETITION) Private Respondent, Louella M.

Capistrano, is the claimant of

a parcel of land, identified as Lot No. 11, Block 42, with an area of Six
Hundred (600) Square Meters, more or less, located at Barangay Plaridel,
Aborlan, Palawan. On 11 June 2010, Original Certificate of Title (OCT) No.
C-7942/CLOA No. 00336247, was issued in the name of respondent Louella
C. Capistrano, on Lot No. 11, Block No. 42, Ccs-420 with an area of Six
Hundred (600) square meters, more or less, located at Barangay Plaridel,
Aborlan, Palawan, Not Lot No. 7. An electronic copy of OCT No. C-7942,
with CLOA No. 00336247.
Respondent Louella M. Capistrano recognizes the error on the issuance of
OCT No. C-7942, with CLOA No. 00336247, involving Lot No. 11 and she is
amenable and agreed for the cancellation of OCT No. C-7942, with CLOA
No. 00336247. As proof of her willingness for the cancellation of OCT No.
C-7942, with CLOA No. 00336247 in her name, respondent Capistrano
freely and voluntarily executed a sworn statement dated 22 January 2016,
under Doc No. 454, Page No. 95, Book No. 191, Series of 2016, notarized by
Atty. Richalex G. Jagmis.
Based on the report of Arnel Alzaga, Municipal Agrarian Reform Officer of
DARMO, Aborlan, Palawan, dated 10 February 2016, there was a
misidentification of the beneficiary of the subject lot. The real and actual
occupant of Lot No. 11 is Richard Pascual not respondent Capistrano and
the MARO concerned recommended for the cancellation of OCT No. C-
7492 in the name of Louella Capistrano.
OCT No. C-7492 with CLOA No. 00336247, involving Lot No. 11, Block 42,
issued in the name of Respondent Louella Capistrano, needs to be
cancelled due to its erroneous issuance which is prejudicial to the property
rights of Richard Pascual, the actual occupant of Lot No. 11, Block 42.
The instant petition seeks to cancel or annul Original Certificate of Title
(OCT) No. C-7492, with CLOA No. 00336247, issued in the name of Louella
Manuel Capistrano, on Lot No. 11, Block 42, with an area of Six Hundred
(600) square meters, more or less, located at Barangay Plaridel, Aborlan,
Palawan, and was registered before the Registry of Deeds of the Province
of Palawan, on 29 June 2010, due to erroneous issuance resulting from
misidentification of beneficiary.
The cancellation of OCT due to its erroneous issuance falls under the
jurisdiction of the DAR Secretary as aptly stated in the Prefatory Statement
of the Department Administrative Order (DAO) No. 07, Series of 2014
entitled “The 2014 Rules and Procedures Governing the Cancellation of
Registered Emancipation Patents (Eps), Certificates of Landownership
Award (CLOAs), and other titles issued under the Agrarian Reform
Program”;
“All cases involving the cancellation of the registered emancipation
patents, certificates of landownership award, and other titles issued under
any agrarian reform program are within the exclusive and original
jurisdiction o the Secretary of DAR”
The same Administrative Order had delegated the determination of the
petition for cancellation’s validity subject to the jurisdictional limitation
provided for under Section 4, Paragraph 5 which states:
Section 4. Grounds for Cancellation:
xxxx
Erroneously issued titles as a result of:
It can be gleaned from the foregoing that there was error in the designation
and lot number appropriate for respondent Capistrano OCT No. C-7942
needs to be cancelled since Lot No. 11, Block No. 42, with an area of 600
square meters rightfully belongs to Richard Pascual;
The instant cancellation of OCT No. C-7492 does not fall under the ambit of
jurisdiction of AO 6, Series of 2014 because the error in the lot number will
result in the change of beneficiary since Lot No. 11, Block No. 42, is actually
occupied by Richard Pascual, the actual occupant and prospective
beneficiary.

(MEMORANDUM, 04 OCTOBER 2019) Respondent Rosalia Pancho, is

the actual occupant of a parcel of land, identified as Lot No. 10, Block 29,
with an area of .0600 hectare, more or less, located at Barangay Plaridel,
Aborlan, Palawan. Unfortunately, on 11 June 2010, OCT No. C-7492, with
CLOA No. 00336247, was issued in the name of Louella Capistrano,
involving Lot No. 11 instead of Lot No. 7. To show proof that indeed that
Lot No. 7 is the lot actually occupied and possessed by Louella Capistrano,
attached as Annex “D” is a copy of the undated report of the MARO Arnel
Alzaga of DAR, Aborlan, Palawan, declaring that Lot No.7 is for Louella
Capistrano. While Lot No. 10 is actually occupied by Richard Pascual.
Perhaps due to sheer inadvertence during the process on the
documentation leading to the issuance of OCT No. C-7492, Capistrano had
signed the documents particularly the FB Application Form unmindful that
it involved Lot No.11 and not Lot No.7. Due to the said error and upon the
recommendation of the MARO concerned, the PARO of DAR-Palawan, as
petitioner had filed the instant petition.
Based on the case build-up record of the instant case made by the DARAB,
Puerto Princesa City, respondent Capistrano did not file an answer to the
petition for cancellation despite notice way back in 2016. Due process was
afforded to the respondents. On 2 April 209, the DARPO-Palawan received
an Order dated 13 March 2019, issued by the Regional Director, DAR,
Region IV-B, directing the MARO/PARO to observe some process and
submit reports based on A> O. No. 3 Series of 2017.
In compliance therewith, the DARPO requested the MARO of Aborlan,
Palawan, thru a Memorandum dated 26 April 2019, to submit a report.
According to the report of MARO concerned dated 07 May 2019, the
parties are willing for the rectification of the errors and in the peaceful and
actual possession of their respective lots. They are just patiently waiting for
the resolution of the instant case. As such, it is our humble belief that the
conduct of mediation conference between the parties and the submission of
their respective position paper as stated in the Order dated 13 March 2019,
is no longer necessary.