Republic of the Philippines

PROVINCE OF ALBAY
Legazpi City

Provincial Legal Office

CASE REPORT
September 27, 2022
Request for approval and assistance for the
conduct of survey in the property under the
name of late DEMETRIO AZUPARDO
under Tax Declaration Nos. 13-011-1161
and 13-011-1162 located in Binodegahan,
Pioduran, Albay

FACTS
On May 23, 2022 Mr. Edgar B. Azupardo, authorized representative of the heirs of
Demetriou Azupardo transmitted a letter addressed to former Governor Bichara requesting
approval and assistance for the conduct of survey in the property under the name of the late
Demetriou Azupardo under Tax Declaration Nos. 13-011-1161 and 13-011-1162 located in
Binodegahan, Pioduran, Albay with the following attached documents:
1. Supreme Court decision with Docket No. 113549, dated July 5, 1996;
2. Lot Data Computation (5 sheets);
3. Special Power of Attorney in favor of Mr. Edgardo B. Azupardo;
4. Tax Declaration No. 13-011-1161 (Lot 6363 Part) and computation of assessed value;
5. Tax Declaration No. 13-011-1162 (Lot 6363 Part) and computation of assessed value;
6. Certification from the Municipal Registrar
7. Certification from the Land Registration Authority dated June 16, 2021 that Lot 6363
has no available records in the registry;
8. Certification from the Land Registration Authority that as per Record Book of
Cadastral Lots, it was found that Lot 6363 of Cadastral Case No. 59, GLRO Cadastral
Record No. 1478 was declared “Public Land”;
9. Certification from the Office of the Clerk of court dated November 24, 2021 that
there is no record of residential land described as Lot No. 6363-Part situated at
Binodegahan, Pioduran, Albay and declared under Tax Declaration No. 2017-13011-
1162 in the name of Demetriou Azupardo;
10. Photocopy of unsigned Plan of Lot 1, 2, and 3 (IR – 1030) as prepared for Demetriou
Azupardo.
 On May 31, 2022 Engr. Pavia replied to the e-mail from the administrator’s office that
the province cannot grant the request as they are claiming the property previously owned by the
Bureau of Soils that was devolved to the Provincial Government of Albay in 1992 by virtue of
Republic Act No. 7160 otherwise known as the Local Government Code of 1991.
On June 1, 2022 the Provincial Legal Office issued a letter reply to Edgar B. Azupardo,
that the property in question is part of the Bureau of Soils reserve area devolved in favor to the
Provincial Government of Albay under Section 17 (a) of Republic Act No. 7160 otherwise
known as the Local Government Code of 1991. And that, a tax declaration is not conclusive
evidence to a claim of ownership over a land.
ISSUES
Whether or not the Provincial Government of Albay can provide assistance to the request
of Edgar B. Azupardo, representative of the Heirs of Demetriou Azupardo regarding the
approval and assistance to conduct a survey?
COMMENTS
The Provincial Government of Albay cannot grant the request of Edgar B. Azupardo to
approve and assist in their conduct of survey. Approval and assistance of the conduct of survey is
not within the jurisdiction of the Provincial Government of Albay. Further, the property subject
to the request of the Heirs of Demetriou’s to conduct a survey is a property part of the reserved
area manage by the Bureau of Soils which was devolved to the Provincial Government of Albay
under Section 17 (a) of Republic Act No. 7160 otherwise known as the Local Government Code
of 1991.