Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Regional Office No. 02, Cagayan Valley Region
# 14 Dalan na Pagayaya cor. Angicacua, Regional Government Center
Carig Sur, Tuguegarao City, 3500
Tel: (078) 304-0768
www.r2.denr.gov.ph * E-mail: denr02@yahoo.com.

MEMORANDUM

FOR : THE REGIONAL EXECUTIVE DIRECTOR

FROM : THE OIC, CHIEF SURVEYS AND MAPPING DIVISION

THRU : THE INSPECTION TEAM

SUBJECT : REQUEST OF MS. NATIVIDAD PACLEB FOR A THOROUGH

INVESTIGATION INVOLVING HER LOT NO. 7178, PLS 343
EXT. LOCATED AT SMART, GONZAGA, CAGAYAN AS PART
OF LOT 7178, PLS-343 EXT.

DATE : December 2, 2022

Under DENR Special Order No. 359 dated August 9, 2022, we respectfully render our report.

BACKGROUND OF THE CASE:

On May 26, 2015, Natividad Pacleb, a resident of Barangay Smart, Gonzaga, Cagayan, filed a
verified Protest against the Residential Free Patent application of Oliver Serna, involving lot 7178, Pls
343 Ext., containing an area of 489 square meters, located at Barangay Smart, Gonzaga, Cagayan, and
docketed as RFPA-021574-0247 in the office of the CENRO Aparri, Cagayan, premised on the
following ground:

1. Lot no. 7178, Pls-343, containing an area of 489 square meters, was originally
owned by Castor Jaramillo who, upon his death, was survived by children
named Maria Jaramillo-Sana, Isabel Jaramillo-Pacleb, and Magdalena Jaramillo.
The subject lot was originally declared under Tax Declaration No. 430-A and
was later canceled by the issuance of Tax Declaration No. 7883-A;

2. The property of Castor Jaramillo was acquired by his children upon his death by
intestate succession and lot 7153 and lot 7178 were the shares of Magdalena
Jaramillo-Salvanera by agreement of the co-heirs;

3. Magdalena Jaramillo Salvanera was sold to protestant Naytividad Pacleb lot 7178
allegedly through a bank transfer with the Metrobank under Account No.
0007081513267 in the amount of Php 150,000.00.

On April 14, 2016, a ground verification survey was conducted by the team from PENRO
Cagayan headed by Engr. Felisa Andres in compliance with the Order issued by the PENRO Office of
Cagayan, they were able to verify the following:

1. The Team was able to recover the reference corners 3 and 4 of the above-
stated lot and planted the reference corners 1, 2, and 5 with cylindrical
concrete monuments measuring (5 x 40 cm. dia.) as relocated along the
boundary of lot 7153;

2. The subject lot 7178 was found to have no improvement during the
relocation survey except that a big standing Balete Tree was found inside
the lot in question;

3. That the subject lot is adjacent to the house of Ms. Rellie Simbe erected on
lot 7169 Pls-343 Ext., and bounded on the Southeastern portion along lines
4-5 of the above-stated lot, and also adjacent to the property of Mrs.
Natividad Pacleb located on the Southwestern part of the above-stated lot.

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 The result of the survey showed that the lot containing an area of 777 square meters and where
the parking lot and Villa of Mrs. Pacleb were erected was found to be outside lot 7937.

On May 10, 2016, the report was submitted to the DENR Legal Division as the basis for the
resolution of the Protest.

On February 22, 2021, the Investigating Team from the Regional Office, conducted a
confirmatory ocular inspection of the report of the Investigation Team from PENRO Cagayan and
confirmed the following:

1. Lot 7178 Pls-343 was issued a Technical Description containing an area of

489 square meters;

2. The concrete cylindrical post relocated in corner points 1, 2, and 5 were

recovered and were established as boundary lines of lots 7178 and 7937;

3. That is the corrected Technical Description of lot 7178 Pls 343 Ext., it app
4. ears that there were 8 corner reference points and included the 777 square
meters with an aggregate area of 1,267 square meters;
5. That it was well established that the two lots (lots 7178 and 7153) were
physically separated as evidenced by an established old concrete fence
between the property of Mrs. Pacleb and lot 7178.

On April 23, 2021, a Decision was issued involving RLO No. 2054, the dispositive portion of
which was quoted as follows:

WHEREFORE, there being no other matters raised that have not been
passed upon and considered in the Decision, this Office resolves to partly grant
the motion for reconsideration of the protestant with finality by affirming the
modification of the decision dated September 8, 2020. The unregistered
Residential Free Patent No. 021514-12-150 of respondent Oliver Serna is
hereby recalled from the Registry of Deeds and be canceled or dropped from
the records of the DENR without prejudice to its refiling upon compliance with
the requirements provided by Republic Act 10023 and its implementing rules
and regulations (IRR) under DAO 2012-12.

SO ORDERED.”

FINDINGS/RECOMMENDATIONS:

After due verification made on the Cadastral Map of the Municipality of Gonzaga, Cagayan
(PLS-343 Ext.), it appears that lot 7153 was subdivided into three lots namely: lot no. 7153, lot 7937,
and an unnumbered lot.

Thereafter, these lots had the following corners and areas after the cadastral survey:

CLAIMANT/OWNER LOT NO. NO. OF AREA

CORNERS
7153 4 corners
7937 5 corners
Unnumbered 5 corners 777

Lot 7178 is located in the Northeastern while lot 7153 is located in the Southwest portion and
was established in the cadastral map as a single and separate lot from lot 7153, 7937, and the
unnumbered lot.

Records in the Lot Data Computation Book (7039-7427) disclosed that lot 7178 has five (5)
corners containing an area of 489 square meters.

Thus, when the ground verification survey was conducted on lot 7178, the Survey Team relied
on its certified Technical Description T.D.) issued on March 21, 2016, and was able to relocate the

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corner monuments of lines 3 and 4 of the subject lot and planted the corner monuments of lines 1, 2 and
5 with concrete cylindrical post.

Similarly, a perimeter survey was also conducted on the property of Mrs. Natividad Pacleb
located at the Western portion of lot 7178 Pls Ext. and it was established that an area of 777 square
meters was not assigned with any lot number and considered as the remaining portion of lot 7153.

Based on the above observations of the implementing Team on the matter, it was determined
that the inclusion of lot 7178, Pls-343 in the unnumbered and remaining portion of lot 7153 makes it
appear that the aggregate area of lot 7178, Pls-343 is 1,266 square meters was made without any basis. It
cannot be established that lot 7178, Pls-343 is apportion of the unnumbered and remaining portion of lot
7153, since from the very start, lot 7178 and lot 7153 are separate and distinct lot appearing in the
records.

Similarly, the report of the CENR Office of Aparri, Cagayan dated April 19, 2022, regarding the
implementation of the decision in the case of Natividad Pacleb versus Oliver Serna involving lot 7178,
where they recommended the adoption of the Technical Description of lot 7178 Pls 343 containing an
area of 1,267 square meters runs counter with the issued decision as it was deliberately resolved that the
Technical Description of lot 7178 Pls 343 contains an area of 489 square meters in the name of
Magdalena Salvanera and is not a part of the unnumbered lot containing an area of 777 square meters of
lot 7153.

FOR INFORMATION, REFERENCE, AND COMPIANCE.

ENGR. FE CATABAY-LINGA, ENnP

OIC, Chief, Surveys and Mapping Division

Copy furnished:

Ms. Natividad C. Pacleb

No. 025-F, Sana Street, Barangay Smart,
Gonzaga, Cagayan

Jamine Llaguno Mabilin

Director IV
Office of the President
Presidential Complaint Center
Malacañang, Manila
PCC Code No. WG-AKA-07-2022-075