.

HEIRS OF VICTORINO
PANAGUITON REPRESENTED BY
JOSE PANAGUITON AND
ROSSANO TAGALA,
Complainant,
-versus- APO Case No.
ROSSANO TAGALA, THE 0407-0142-2019
PROVINCIAL AGRARIAN
REFORM OFFICER OF DAR-
PALAWAN AND REGISTER
DEEDS OF THE CITY OF PUERTO
PRINCESA,
Respondent.
______________________________________________________________________________

ORDER

For consideration is the Letter dated 3 October 2017 sent to the Office
Provincial Agrarian Reform Program Officer (PARPO) II for the Province
of Palawan, Conrado S. Guevarra, on 03 October 2017 sent by
the Heirs of Victorino Panaguiton, namely Joselito A. Panaguiton, Emma P.
Zabala and Marilyn P. Bonagua, requesting for clarification of ownership
over Lot No. 15, Block 61, Csd-425 with an area of Eight hundred ninety six
(896), square meters, more or less, located in Poblacion, Narra Palawan.

Records would reveal that Lot No. 15, is an unregistered lot, issued
by virtue of a Certificate of Allocation dated October 27, 1976, in the name of
Victorino Panaguiton, The property is a Pilot Settlement Project (Townsite
Subdivision) of DAR, subject to conditions, among others, that the allocatee
shall occupy and cultivate the same.
On 13 February 2008 a Reply by PARPO II was sent to Marilyn P.
Bonagua, in said reply it was clarified that the subject lot was cancelled in
1993.
On 21 May 2008 a Letter by PARPO II was sent to Marilyn P.
Bonagua, in ssaid letter it was stated that the subject lot was included in the
summary of abandonment/cancellation of certificates of allocation of
residential lots in 1993 for her father’s failure to occupy the lot allocated to
him. As required by law, notices of the proceeding for cancellation of
certificates were posted in conspicuous places, such as DARMO, Municipal
Hall and in Barangay Poblacion, all of Narra, Palawan, in compliance with
the due process clause. In that particular instance, posting constituted
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sufficient notice to her father whose whereabouts cannot be located for his
failure to occupy the lot awarded to him by DAR.
On 07 January 2016 a FB Application by Rossano C. Tagala was filed,
in the findings and recommendations thereof it was stated that the subject
lot was occupied by the Tagala family since 1970’s and therefore
recommended for the issuance of CLOA. Further, based on the
“Pinagsamang Sinumpaang Salaysay” (Salaysay) executed by Alicia G.
Dela Pena and Rodolfo A. Castronuevo on 05 August 2016, Mr. Edilberto
Tagala and Rosario C. Tagala (Parents of Rossano Tagala) have already
occupied the subject lot since 1970 until they bought it from Victorino
Panaguiton. Mrs. Nomeda L. Dioso attested in her “Sinumpaang Salaysay”
15 July 2016, that she was the witness during the transaction sale between
Victorino Panaguiton and Edilberto Tagala in 1980. But before the sale was
consummated, the Tagala family already occupied Lot No. 15, Block 61
since 1970 and is within the perimeter fence of the Tagala family’s other
lots. Lastly, per Occular inspection conducted by OIC MARO Sandalan and
ART Merlina V. Ecalia, Tagala is the present occupant of the contested area.
Thus issuance of CLOA pending approval of DARPO was recommended.
On 12 August 2016 a Final Investigation Report was issued by
Municipal Agrarian Reform Officer Elenita I. Sandalan. It was
recommended therein that the occupancy of the Tagala family on the
subject lot for a long time showed that he is persistent in his right of
ownership and that the actual occupant developed the area. Hence
issuance of CLOA is recommended.
On 07 September 2016 a Final Investigation Report was issued by
Municipal Agrarian Reform Officer Elenita I. Sandalan. It was
recommended therein that the Heirs of Victoriano Panaguiton claimed the
area based on the Certificate of Allocation issued to their father. However
the allocation was cancelled due to Order of Abandonment issued on 20 April
1993. Per declaration of Marithel Tagala, as far as she knew, subject lot was
occupied by them because it was already waived by Victoriano Panaguiton
to their parents and that the whole area is within the perimeter fence of the
Tagala Family.
In a Memorandum dated 19 August 2019, 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
an Order be issued denying the application of the Heirs of Victorino,
represented by Joselito, be denied and that the application of Rossano be
granted.
In a Memorandum dated 17 September 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.
The issue to be resolved is whether the heirs of Victorino Panaguiton
are qualified as beneficiary/allocatee over Lot No. 15, Block 61, Csd-425
under the Comprehensive Agrarian Reform Program.
HELD: This Office finds the request NOT MERITORIOUS.
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Based on the records of the case, it is incontrovertible that the Lot

allocated to Victorino Panaguiton, was abandoned by the latter.
Considering the following:

1. Paragraph 2.2, Section 2 of DAR AO No. 3, Series of 2017 provides

that these Rules shall govern all cases arising from or involving:
classification, identification, inclusion, exclusion, qualification, or
disqualification of potential/actual farmer-beneficiaries;

Further, under Rule 1, Section 2 of DAR AO No. 3, Series of 2003, in

relation to Rule II, Section 7 of DAR AO 3, Series of 2003, the
Regional Director shall exercise primary jurisdiction over cases
involving classification, identification, inclusion, exclusion,
qualification and disqualification of potential /actual farmer
beneficiaries.

2. There is a clear violation of the Certificate of Allocation dated October 27,

1976, in the name of Victorino Panaguiton, resulting in the issuance
of the Order of abandonment dated 20 April 1993 herein attached
Annex C, said order provides that Victorino Panaguiton, Case No.
1929, was ordered to abandon the Lot considering that among the
several stated basis for cancellation therein is the absence of the
settler-allocatee from the resettlement project for more than six (6)
months without the written permission of the Agrarian Reform Team
Leader concerned or failure to occupy/cultivate the lot for a period of
six (6) consecutive months from the date of the allocation of said lot.

Further the law provides the following grounds after the award of
land; the abandonment of the lands awarded by the government
under the CARP or PD No. 27 for a period of two (2) years (applying
RA 3844 by analogy), and Negligence or misuse of the land or any
support extended by the government as provided in Section 22 of
R.A. No. 6657.

Additionally, the ruling in the case of Ferdinand dela cruz et al. vs.
Amelia Quiazon, G.R. No. 171961, November 28, 2008, provides
“Abandonment requires (a) a clear and absolute intention to
renounce a right or claim or to desert a right or property; and (b) an
external act by which that intention is expressed or carried into effect.
The intention to abandon implies a departure, with the avowed
intent of never returning, resuming or claiming the right and the
interest that have been abandoned. In the case at bar, it is
incongruous that Victorino was the occupant of the Lot when the
evidence clearly shows that it was the Tagala’s who were the one in
actual possession and occupation of the Lot.
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Accordingly, since it is clear that Lot No. 15, Block 61, Csd-425 which
was allocated to Victorino was abandoned by him, it follows that
Victorino has lost his right as an allocatee of the Lot No. 15, Block 61,
Csd-425 and that the Tagala family is the one who has been in actual
occupancy of the land since 1970, it follows that it is the latter who is
rightfully entitled to Lot No. 15, Block 61, Csd-425.

The aforementioned finding concerning Victorino’s abandonement

was further bolstered by the recommendation by the Provincial Legal
Assistance Division (PLAD) through its Chief, Atty. Reychelle Anne
B. Villarta who recommended that the application of the heirs of
Victorino Panaguiton, represented by Joselito Panaguiton, be denied
and that the application of Rossano Tagala over the same Lot, be
granted.

3. The Order dated 20 April 1993 issued by PARO Homer Tobias,

reveals that as per the ocular investigation conducted, Case no. 1929
Victoriano Panaguiton is among the settler-respondents that have
failed to occupy the lot allocated to them. Notices of Summary
Abandonment/Cancellation of Certificate of Allocation issued to
above named settler-respondents were posted in the Bulletin Boards
of the DAR-MARO, in the Municipal Hall of Narra, and in barangay
Poblacion where subject lots are located. However, inspite of said
notices for cancellation, none of the above respondents nor their
representatives appeared or sent any communication to answer the
respective complaints. Wherefore Order is issued declaring the lots
allocated to the above-named settlers vacant and open for disposition
to qualified applicants.

4. The Occular Inspection Report dated 24 October 2007, stated in its

findings and recommendation that Lot No. 15, Block 61, Csd-425 was
allocated to Victorino Panaguiton but was cancelled per DARMO
Cases No. 1839-1935, dated 20 April 1993. Order is final and
executory. Subject Lot is still untitled. Occupied by Edilberto Tagala
since 1954. Heirs of Edilberto Tagala is the present occupant.

5. In a Final Investigation Report dated 12 August 2016, issued by

MARO Elenita I. Sandalan it was stated therein that the occupancy of
the Tagala Family on the subject lot for a long time showed that he is
persistent in his right of ownership. Actual occupant and developed
the area. Hence, the issuance of a CLOA is recommended.

WHEREFORE, premises considered, the Heirs of Victorino

Panaguiton, namely Joselito A. Panaguiton, Emma P. Zabala and Marilyn
P. Bonagua, are NOT QUALIFIED as beneficiary/allocatee over Lot No.
15, Block 61, Csd-425, an unregistered Lot with an area of Eight hundred
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ninety six (896), square meters, more or less, located in Poblacion, Narra
Palawan.
SO ORDERED.
Quezon City, Philippines. 08 July 2020

ZORAIDA O. MACADINDANG, Al-Hadj.JD

Regional Director
NOT VALID WITHOUT DAR OFFICIAL SEAL

Cc:
JOSELITO A. PANAGUITON The PARPO II
Panacan, Narra, Palawan 2nd Floor, DAR, City Coliseum
San Pedro, Puerto Princesa City
MARILYN P.BONAGUA
Milagrosa, Manalo Extension, Puerto Princesa City, Palawan The REGISTRY OF DEEDS
Puerto Princesa, Palawan
ROSSANO C. TAGALA
Poblacion, Narra, Palawan

ZOM/MJE/kevin