April 24, 2024

ENGR. JOVEN C.V. BALUYUT

City Assessor
City Government of Puerto Princesa

Dear Assessor Baluyut,

Good day!

We are writing in reference to your letter dated 2 April 2024, regarding the double issuance of title
over Lot 348, GSS-597, one issued in the name of Geronimo N. Namuco (Namuco) covered by KOT
Blg. 7170 and the other in the name of Marcelino Aires Nalus (Nalus) covered by TCT No. 2186. The
property is located in Barangay Salvacion, Puerto Princesa City, covering an area of more or less
20,145 square meters.

To give you reference, we will give a brief history as to how TCT No. 2186 was awarded and issued
by DAR to Mr. Nalus. TCT No. 2186 was derived from Original Certificate of Title (OCT) No. 920 [Free
Patent No. (NRD-IV26) 0885], registered in the name of Mr. Eulogio Natividad, on 1 February 1984.
In 2003, OCT No. 920 was put under the coverage of the Comprehensive Agrarian Reform Program
(CARP) and was acquired and distributed by DAR through the Voluntary Land Transfer Scheme
(VLTS). The landowner, Mr. Natividad, executed the Deed of Voluntary Land Transfer (DVLT) in favor
of Mr. Nalus – the identified agrarian reform beneficiary of DAR. Pursuant thereto, OCT No. 920 was
cancelled and a new certificate of title – TCT No. 2186, was issued and registered in the name of
Nalus on 21 May 2003.

Upon perusal, indeed both OCT No. 920 (now TCT No. 2186) and KOT Blg 7170 cover the same
property and contains the same technical description. Nonetheless, it is not within the power of our
agency to cause the cancellation of either of these titles especially that both titles were originally
issued by the DENR – OCT No. 920 under Free Patent No. (NRD-IV26) 0885], and KOT Blg 7170 under
Kaloob na Patente Blg. 045316-06-19293. Even so, it is worth to note that it is already a well settled
rule in our jurisprudence that, “as a general rule, in case of two certificates of title purporting to
include the same land, the earlier date prevails,xxx. xxx in successive registrations, where more than
one certificate is issued in respect of a particular estate or interest in land, the person claiming
under the prior certificate is entitled to the estate or interest; and that person is deemed to hold
under the prior certificate who is the holder of, or whose claim is derived directly or indirectly from
the person who was the holder of the earliest certificate issued in respect thereof x x x.” Here, OCT
No. 920 was registered on 1 February 1984, prior to the registration of KOT Blg. 7170, which was
registered only on 22 January 2007. Applying the rules on double issuance of title, Natividad, who is
the owner of the earliest title -OCT No. 920, should be entitled to the property. Accordingly, since
the title of Nalus was derived from the title of Natividad, his title over the property also prevails
over that of Namuco. Besides, even TCT No. 2186 was also registered prior to KOT Blg 7170, as the
former was registered on21 May 2003, four years before KOT Blg 7170 was registered.

For your reference and guidance.

Respectfully,

For and in the absence of PARPO II

ATTY. MARY JEL B. BACOSA

Attorney V, Legal Division, DAR-Palawan

DAR Provincial Office TELEFAX: (048) 434-1165

Ednel Building, #62 Manalo St. WEBSITE: www.dar.gov.ph
Brgy. Masipag, Puerto Princesa City, Palawan