PRepublic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Region IV-A (CALABARZON)
Office of the Provincial Adjudicator
San Pablo City, Laguna

DEPARTMENT OF
AGRARIAN REFORM –
LAGUNA PROVINCIAL
OFFICE, represented by
ANTONIO B. SANCHEZ, in his
capacity as the PARPO II, and
RAMIL O. MONTEJO, in his
capacity as the Agrarian Reform
Program Officer II
Petitioners,
DARAB Case No.:
versus
For: Correction of Entry on TCT
No. 059-CARP2023000056
JIFFY C. DALAY and
REGISTRY OF DEEDS FOR
THE PROVINCE OF LAGUNA
(SINILOAN BRANCH)
Respondents.
x--------------------------------------------x

PETITION

PETITIONER, Department of Agrarian Reform – Laguna Provincial

Office (hereinafter, DARPO – Laguna), by the undersigned counsel and
through this Honorable Court, most respectfully states:

1. PETITIONER, the government agency in the Province of Laguna

that implements the Comprehensive Agrarian Reform Program
(CARP), holds office at 2nd Fl. J. B. Lo Bldg., Pagsawitan, Santa
Cruz, 4000 Laguna, where it may be served with summons,
notices and other legal processes of this Honorable Court.

1.1. PETITIONER is represented in the instant case by the

following:

a. ANTONIO B. SANCHEZ (hereinafter referred to as

“PARO SANCHEZ”), of legal age, married, Filipino and
with office address indicated above, in his capacity as
the Provincial Agrarian Reform Program Officer II
Petition
DAR v. J. Dalay, et al.
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 (PARPO II), and concurrently, the Provincial Project
Manager of the Provincial Project Management Office
of the same Office for the Support to Parcelization of
Lands for Individual Titling Project (hereafter, SPLIT
Project).

b. RAMIL O. MONTEJO (hereinafter referred to as

“MONTEJO”), of legal age, married, Filipino and with
office address indicated above, in his capacity as an
Agrarian Reform Program Officer II at DARPO –
Laguna, whose duties and responsibilities include field
validation and survey plan, safekeeping of approved
survey plan and technical description required for
registration of CLOAs to be issued to Agrarian Reform
Beneficiaries (ARB) covered by CARP, and
concurrently the Provincial Coordinator for Department
of Environmental and Natural Resources (DENR), Land
Registration Authority (LRA), Survey Coordinator of
the same Office for the Support to Parcelization of the
Lands for Individual Titling Project (SPLIT Project)

2. Private Respondent JIFFY C. DALAY (hereinafter, DALAY), of

legal age, married to FAUSTINO DALAY, Filipino and with
postal address at Capt. C. Dans St., Paete, 4016 Laguna, where
may she be served with summons, notices and other legal
processes of this Honorable Court.

2. Public Respondent REGISTRY OF DEEDS FOR THE

PROVINCE OF LAGUNA (SINILOAN BRANCH), a branch
registry in the Province of Laguna charged with the functions of
registering deeds under the Torrens System, holds office at 2nd Fl.
Pioneer Event Center Bldg., L. De Leon St., Brgy. M. Acevida,
Siniloan, 4019 Laguna, where it may be served with summons,
notices and other legal processes of this Honorable Court.

2.1. In particular, Public Respondent, with respect to its territorial

jurisdiction, that is, the Province of Laguna, issues decrees of
registration and certificates of title and register documents,
patents and other land transactions for the benefit of
landowners, agrarian-reform beneficiaries and the registering
public in general.

2.2. Public Respondent is impleaded in the instant case as a

nominal party.

CAUSE OF ACTION

Petition
DAR v. J. Dalay, et al.
Page 2 of 9
3. Private Respondent Dalay is an awardee, and is thus — a
registered owner, of a parcel of agricultural land now covered by
Transfer Certificate of Title (TCT) No. 059-CARP2023000056
(hereinafter, the “Subject Title”), which in turn was issued on the
strength of a collective Certificate of Land Ownership Award
(CLOA) No. CLOA No. 00119810 issued by the Department of
Agrarian Reform.

For reference, photocopy of the electronic copy of the

SUBJECT TITLE is enclosed and marked as Annex A.

3.1. On the face of the Subject Title, it covers a parcel of land

situated in SITIO LAMAO SAN ANTONIO, containing an
area of four thousand five hundred eight (4,508) square
meters, more or less, (hereinafter, the “Subject Property”).

3.2. Also, on its face, Public Respondent indicates that it issued

the same.

4. Meanwhile, Original Transfer Certificate (OCT) No. OCL-395

(which in turn was issued pursuant to a collective Certificate of
Land Ownership Award No. 00119810), from which the Subject
Title was derived, indicates the following information:

Certificate of Land Ownership Award No. 00119810

(Settlement Project)

TO ALL WHOM THESE PRESENTS MAY COM, GREETINGS!

WHEREAS, pursuant to the provisions of Commonwealth Act

No. 141, as amended, Republic Act Nos. 1160 and 3844, as amended,
Presidential Decree No. 152 and Executive Order No. 129-A dated July
26, 1987 and Republic Act No. 6657, INSTITUTING A
COMPREHENSIVE AGRARIAN REFORM PROGRAM TO
PROMOTO SOCIAL JUSTICE AND INSDUSTILIZATION AND
PROVIDING MECHANISM FOR ITS IMPLEMENTATION, there is
hereby awarded unto SOTELA D. ADEA ET. AL., a parcel of land
within the public domain situated in Barangay Sitio Lamao, San
Antonio, Municipality of Kalayaan, Province of Laguna, Island of
Luzon, Philippines, containing an area of ONE HUNDRED FIFTY
FOUR THOUSAND SIX (154,680) square meters, more or less, which
is now more particularly bounded and described at the back hereof.

For reference, photocopy of the electronic copy of the OCT

No. OCL-395, is enclosed and marked as Annex B.

5. Through the Administrative Order No. 1, s. of 2021 dated 26

February 2021, otherwise known as Revised Guidelines and
Procedures on the Parcelization of Landholdings with

Petition
DAR v. J. Dalay, et al.
Page 3 of 9
 Collective Certificates of Land Ownership Award issued by the
Department of Agrarian Reform, the latter facilitated the
parcelization of CCLOAS and the subsequent generation,
registration and issuance of the computerized titles (c-Titles) to the
ARB’s, and which Administrative Order covers the parcelization
of all landholdings (LH’s) with CCLOA’s issued by the DAR to
farmer’s cooperative, farmer’s association, organized group of
ARB’s or several ARB’s not organized.

5.1. A Collective CLOA (CCLOA) refers to an existing registered

CLOA issued by DAR to farmers’ cooperative, farmers’
association, other organized group of ARBs, or group of
ARBs not organized. However, CLOAs in the name of
spouses or in the name of heirs of a deceased ARB are not
considered CCLOA for purposed of this A.O.1

5.2. A computerized title or c-Title refers to the

derivative/subsequent title generated , registered and issued
by the Registry of Deeds (ROD) to individual agrarian
reform beneficiaries (ARB’s) and or group of ARB’s
pursuant to this A.O. and adopted by DAR under Project
SPLIT; as a result of the subdivision or parcelization of a
CCLOA previously generated , registered and issued to a
group of ARB’s by DAR for LH’s covered and awarded
CARP. The c-Title contains the restrictions and conditions
provided in R.A. 6657 as amended by R.A. 9700 and other
applicable laws.2

5.3. Parcelization of Landholdings with CCLOAs refers to the

process of subdividing and determining the exact metes and
bounds of the areas, allocation of lots to ARBs in a CCLOA,
determination of common use areas, portions with common
service facilities and establishment of areas capable of being
alienated and disposed of by the government.3

6. OCT No. OCL-395 having been issued pursuant to a collective

CLOA,4 was one of the titles subjected to parcelization, consistent
with Administrative Order No. 1, s. of 2021 dated 26 February
2021, thus:

a. the owner’s duplicate of title of OCT No. OCL-395 was

surrendered to the Petitioner, and

1
Sec. 2.5
2
Sec. 2.10.
3
Sec. 2.10.
4
that is, Certificate of Land Ownership Award No. 00119810.
Petition
DAR v. J. Dalay, et al.
Page 4 of 9
 b. after surrender of the owner’s duplicate of title of OCT No.
OCL-395, and in compliance with the processes of
parcelization — OCL-395 was cancelled, on the strength of
the Order of Parcelization,5 and derivative c-Titles were
issued.

7. One of the derivative c-Titles issued, following the cancellation of

OCL-395, is the Subject Title.

7.1. Upon receipt from the Public Respondent of the Subject Title,
Petitioner MONTEJO noticed that the location of the Subject
Property was erroneously entered as Sitio Lamao San Antonio
instead of Sitio Lamao San Antonio, Kalayaan, Laguna (that is,
indicating the municipality and province where Sitio Lamao
within San Antonio can be found).

7.2. For purposes of clarity — on the face of the Subject Title, the
following information are indicated:

Transfer Certificate of Title

No. 059-CARP2023000056

IT IS HEREBY CERTIFIED that certain land situated in SITIO

LAMAO SAN ANTONIO, more particularly bounded and described as
follows:

LOT NO: 4232-O, PLAN NO: PSD-04-155904 (AR)

PORTION OF Lot 4232, CAD-76, LONGOS CADASTRE

LOCATION: SITIO LAMAO SAN ANTONIO

IT IS FURTHER CERTIFIED that said land was originally registered

as follows:
Certificate of
LAGUNA,
Land
Patent Type: Original RD: SINILOAN
Ownership
BRANCH
Award
Patent Date: 06/15/1994 OCT Date: 06 30 1994
Under Act 6657 OCT No. OCT-OCL-396
No.:
Volume No.: Page No.:
Original SOTELA D
Owner: ADEA, ET.
AL.

TECHINICAL DESCRIPTION
5
refers to the Order issued by the Provincial Agrarian Reform Officer (PARPO) II to parcelize the
LH covered by existing CCLOA indicating the respective land shares, lot numbers, size of lots, as a result
of parcelization based on the executed Lot Allocation Agreement or Report of the MARPO?designated
Personnel and ASP with narrative technical descriptions (TDs)/electronic technical description (e-TDs). It
is the basis of the ROD to cancel said CLOA and to register and issue the subsequent c-Title,
notwithstanding protest. This Order is final and executory; see Sec. 2.14.
Petition
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Page 5 of 9
 BOUNDARIES:
LINE DIRECTION ADJOINING LOT(S)
LOT 4232-L, CAD- LOT 4232-D, PSD-04-
1-2 SW
155904 (AR)
2-3 NW LOT 4240, CAD- 76, LONGOS
CADASTRE
LOT 4241-D, CAD- 76, LONGOS
3-4 NW
CADASTRE
4-5 NE LOT 4232-P, PSD-04-155904 (AR)
5-1 SE LOT 4232-U, PSD-04-155904 (AR)

TIE POINT: BLLM NO. 1, CAD 76, LONGOS (KALAYAAN)

CADASTRE
LINE BEARING DISTANCE
TO CORNER 1 S. 76° 58` W 232.96 M.
1-2 N. 16° 01` W 76.63 M.
2-3 N. 19° 49` E 24.08 M.
3-4 N. 84° 34` E 39.27 M.
4-5 S. 14° 29` E 82.00 M.
5-1 S. 66° 07` W 50.98 M.

[Emphases supplied].

8. As previously stated, OCT No. OCL-395, from which the Subject

Title was derived, indicates the following information:

Certificate of Land Ownership Award No. 00119810

(Settlement Project)

TO ALL WHOM THESE PRESENTS MAY COM, GREETINGS!

WHEREAS, pursuant to the provisions of Commonwealth Act

No. 141, as amended, Republic Act Nos. 1160 and 3844, as amended,
Presidential Decree No. 152 and Executive Order No. 129-A dated July
26, 1987 and Republic Act No. 6657, INSTITUTING A
COMPREHENSIVE AGRARIAN REFORM PROGRAM TO
PROMOTO SOCIAL JUSTICE AND INSDUSTILIZATION AND
PROVIDING MECHANISM FOR ITS IMPLEMENTATION, there is
hereby awarded unto SOTELA D. ADEA ET. AL., a parcel of land
within the public domain situated in Barangay Sitio Lamao, San
Antonio, Municipality of Kalayaan, Province of Laguna, Island of
Luzon, Philippines, containing an area of ONE HUNDRED FIFTY
FOUR THOUSAND SIX (154,680) square meters, more or less, which
is now more particularly bounded and described at the back hereof.

9. Meanwhile, Entry No. 2023000148 dated 18 July 2023, which was

entered on 09:34:02AM,6 provides:

PARCELIZATION OF COLLECTIVE CLOA: EXECUTED

BY DAR, IN REFERENCE TO THE LETTER REQUEST
TO ISSUE CLOA TITLE/S COVERING A PARCEL OF

6
can be found at p. 9 of OCT No. OCL-395.
Petition
DAR v. J. Dalay, et al.
Page 6 of 9
 LAND UNDER OCT NO. OCL-395 LOCATED AT BARRIO
OF SITIO LAMAO, SAN ANTONIO, MUNICIPALITY OF
KALAYAAN, PROVINCE OF LAGUNA, ISLAND OF
LUZON, IN FAVOR OF SOTELA D. ADEA, ET. AL. . THE
LAND COVERED BY THIS TITLE HAS BEEN
SUBDIVIDED INTO 21 LOTS IN ACCORDANCE WITH THE
SUBDIVISION PLAN NUMBER PSD-04-155904 (AR) DULY
APPROVED BY DENR AND BY VIRTUE OF THE LETTER
REQUEST. THIS TITLE IS TOTALLY CANCELLED AND
ISSUING IN LIEU THEREOF TCT NUMBERS * * *.
[Emphases and omission supplied].

9.1. As stated above, the land covered by OCT No. OCL-395 has
been subdivided into twenty-one (21) lots, which are thus the
following:

a. 059-CARP2023000042
b. 059-CARP2023000043
c. 059-CARP2023000044
d. 059-CARP2023000045
e. 059-CARP2023000046,
f. 059-CARP2023000047,
g. 059-CARP2023000048,
h. 059-CARP2023000049,
i. 059-CARP2023000050,
j. 059-CARP2023000051,
k. 059-CARP2023000052,
l. 059-CARP2023000053,
m. 059-CARP2023000054,
n. 059-CARP2023000055,
o. 059-CARP2023000056,
p. 059-CARP2023000057,
q. 059-CARP2023000058,
r. 059-CARP2023000059,
s. 059-CARP2023000060,
t. 059-CARP2023000061, and
u. 059-CARP2023000062.

By way of Manifestation

10. The correction of entry to the Subject Title will not prejudice the
claim of any person or party, nor will not affect substantial rights
of other interested persons and the substance contained in the
Subject Title.

Petition
DAR v. J. Dalay, et al.
Page 7 of 9
 11. The SUBJECT PROPERTY is not mortgaged or encumbered in
favor of any person or entity nor has been the subject of any
conveyance or land transaction.

12. There exist no deed or instrument affecting the SUBJECT

PROPERTY which has been presented before and pending
registration with PUBLIC RESPONDENT.

13. Public Petitioner, being a government agency, hereby manifests

that it is exempt from the payment of legal fees (including filing
fees), pursuant to Sec. 22 of Rule 141 of the Rules of Court, as
amended, which provides:

Section 21. Government exempt. — The Republic of the Philippines, its

agencies and instrumentalities, are exempt from paying the legal fees
provided in this rule, Local governments and government-owned or
controlled corporations with or without independent charters are not
exempt from paying such fees.

However, all court actions, criminal or civil, instituted at the instance of

the provincial, city or municipal treasurer or assessor, under Sec. 280 of
the Local Government Code of 1991 shall be exempt from the payment
of court and sheriff’s fees.

PRAYERS

WHEREFORE, premises considered, the Petitioners respectfully pray

of this Honorable Office, that after due notice and hearing, judgment be
rendered in favor of Petitioners:

a. directing the PUBLIC RESPONDENT to cause the necessary

correction as to the location (from Sitio Lamao San Antonio, to
Sitio Lamao San Antonio, Kalayaan, Laguna) of the SUBJECT
PROPERTY covered by TCT No. 059-CARP2023000056, the
SUBJECT TITLE, to the extent that PUBLIC RESPONDENT be
directed to issue a new owner’s duplicate indicating the rectified
location of the SUBJECT PROPERTY,

b. allowing Petitioners to litigate but exempt from the payment of

legal fees;

c. issuing such other reliefs, as this Honorable Office deems just and
proper.

Sta. Cruz for San Pablo City, Laguna, 20 October 2023.

Petition
DAR v. J. Dalay, et al.
Page 8 of 9
 BUREAU OF AGRARIAN LEGAL ASSISTANCE
Counsel for Petitioners
Department of Agrarian Reform
2nd Fl. Josefina Lo Bldg.
Brgy. Pagsawitan, Santa Cruz, 4009 Laguna
darlag_legal@yahoo.com
(049)-501-0275/09178536584/09985642260

By:

CHRISTIAN NEHRU V. VALERA

Legal Researcher

ATTY. PERSEUS A. ANTIGUA

Attorney V/Chief, Legal Division
PTR No. [PGL No.] 1517344A/10Jan23/Province of
Laguna
MCLE Compliance No. VII-000018602/24May22
Roll No. 62492
IBP Life Member Roll No. 018594/16Jan18

Original filed:

Office of the Provincial Adjudicator

DEPARTMENT OF AGRARIAN
REFORM ADJUDICATION BOARD
2nd Floor Iluminada Bldg.
Lopez Jaena St., cor. Rizal Ave.
Brgy. II, San Pablo City, 4000 Laguna

Petition
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