IN RE: CANCELLATION OF

TRANSFER CERTIFICATE OF
TITLE (TCT) NO. T-2256 /
CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA) NO.
00447027.

DEPARTMENT OF AGRARIAN
REFORM PROVINCIAL OFFICE
ZAMBALES represented by PARO
ARTHUR G. FLORIDA and CARPO
NIDA P. LOVINO, CANC-0307-0010-2012
Petitioners,

versus

EMERSON A. EDUVANE,
Private Respondent,

THE REGISTER OF DEEDS OF

ZAMBALES PROVINCE,
Public Respondent.
x-------------------------------------------------x

ORDER

This pertains to the Petition for Cancellation 1 dated 15 September 2010,

filed by the Department of Agrarian Reform (DAR), represented by Provincial
Agrarian Reform Officer (PARO) Arthur G. Florida and Chief Agrarian Reform
Program Officer (CARPO) Nida P. Lovino (Petitioners), against Emerson
Eduvane (Eduvane) and the Registry of Deeds of Zambales. Eduvane is the
registered holder of Transfer Certificate of Title (TCT) No. CLOA-T-2256 2 bearing

1
Rollo, pp. 9-12.
2
Rollo, pp. 13-16.
DAR vs. Emerson Eduvane Page 2 of 5
Pages
CANC-0307-0010-2012

Certificate of Land Ownership Award (CLOA) No. 00447027, issued pursuant to

Republic Act (R.A.) No. 6657.

Petitioners brought this Petition on the basis of a final and executory

Order3 dated 27 September 2004 issued by Regional Director Narciso B. Nieto
(RD Nieto) of DAR Region III, which disqualified Eduvane as an agrarian reform
beneficiary (ARB) over the subject lot and recommended the cancellation of TCT
No. CLOA-T-2256 before the proper forum. In said Order, RD Nieto further
directed the Municipal Agrarian Reform Officer (MARO) and the Provincial
Agrarian Reform Program Officer (PARPO) to constitute a screening committee
to determine the qualifications of potential ARBs over the subject land.

To promote greater effectiveness and efficiency in the delivery of agrarian

justice, prevent the multiplicity of suits, and avoid needlessly clogging the already
heavily burdened dockets of the Department of Agrarian Reform (DAR),
Administrative Order (A.O.) No. 6, Series of 20114 was issued by the DAR to
rationalize the procedure in cancellation cases and ensure the strict observance
of due process.

3
Rollo, 17-19.
4
This was amended by Administrative Order No. 7, Series of 2014: The 2014 Rules and
Procedures Governing the Cancellation of Registered Emancipation Patents (EPs),
Certificates of Land Ownership Award (CLOAs), and Other Titles Issued Under the
Agrarian Reform Program, which took effect on 3 October 2014, the provisions of which are
applicable to all cancellation cases filed on or after its effectivity.
DAR vs. Emerson Eduvane Page 3 of 5
Pages
CANC-0307-0010-2012

Section 115, in relation to Section 17, 6 of DAR A.O. No. 6, Series of 2011
requires the submission of the original or certified true copy of the Certificate of
Finality pertaining to the final ALI case. It appears from the records of the case
that the Petitioners, to substantiate their allegation that the RD Order became
final and executory, attached a certified machine copy of the Implementation
Order dated 31 March 2005. The Certificate of Finality is a statutory requirement,
hence, strict compliance must be made.

Moreover, a careful perusal of the RD Order 7 dated 27 September 2004

relative to the ALI case with Docket No. A-0307-0528-04, A.R. Case No. LSD
0316 04 shows that there is a doubt as to whether Eduvane was properly
impleaded as party-respondent and whether he received a copy of the RD Order
before it became final and executory. It is imperative, before this Office arrives at
a decision, to establish the following facts: (1) whether or not Eduvane was
impleaded as a party to the ALI case and (2) whether he was served with a copy
of the RD Order before it became final and executory.

WHEREFORE, premises considered, Order is hereby issued DIRECTING

the Provincial Agrarian Reform Program Officer (PARPO) of Zambales to submit
to this Office, within fifteen (15) days from receipt of this Order:

5
SECTION 11. Cancellation with Final judgment in an ALI Case. In the event that there is
already a prior and final determination of an ALI case involving any of the grounds mentioned in
Section 4 of Article II, the petitioner may file an action for cancellation in accordance with these
Rules by filing a petition together with the following duly marked documents:
xxx xxx
2. Certificate of Finality;
xxx xxx
6
SECTION 17. Case Folder Build-Up. The clerk of the PARAD is tasked with the preparation
of a complete Case Folder, which must contain the following:
xxx xxx
(j) Either:
a. Documentary requirements of A.O.s governing the component ALI case; or
b. If the case is filed in accordance with Section 11 hereof:
i. Original or certified true or photocopy of final and executory orders and
resolutions; and
ii. Original or certified true or photocopy of Certificate of Finality; and
xxx xxx
7
Supra, Note 3.
DAR vs. Emerson Eduvane Page 4 of 5
Pages
CANC-0307-0010-2012

1. The Certificate of Finality pertaining to the ALI case with Docket No. A-
0307-0528-04, A.R. Case No. LSD 0316 04;

2. Evidence showing that Emerson A. Eduvane was impleaded as

respondent to the ALI case with Docket No. A-0307-0528-04, A.R. Case
No. LSD 0316 04; and

3. Evidence showing that all parties to the ALI case with Docket No. A- 0307-
0528-04, A.R. Case No. LSD 0316 04 were served with a copy of the RD
Order dated 27 September 2004 before it became final and executory.

Failure of the PARO to submit the Certificate of Finality within the given
period shall be a ground for the dismissal of the Petition without prejudice.

SO ORDERED.

Diliman, Quezon City, ________________________

LUIS MEINRADO C. PAGULAYAN

Undersecretary for Legal Affairs

Copy Furnished:

1. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER (PARPO)

THE CHIEF AGRARIAN REFORM PROGRAM OFFICER (CARPO)
Department of Agrarian Reform Provincial Office
Balili, Iba, Zambales

2. EMERSON A. EDUVANE
No. 2479 A. Zamora Street, Pasay City

3. ATTY. GABRIEL A. MALLARE

Counsel for Petitioners
Bureau of Agrarian Legal Assistance
Department of Agrarian Reform Provincial Office
Balili, Iba, Zambales

4. THE REGISTER OF DEEDS

DAR vs. Emerson Eduvane Page 5 of 5
Pages
CANC-0307-0010-2012

Palanginan, Iba, Zambales

5. THE REGIONAL DIRECTOR

Department of Agrarian Reform Regional Office III
Pedmar Bldg., Dolores, San Fernando City, Pampanga