Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Provincial Office
Tuguegarao City, Cagayan

IN RE: PETITION FOR TRANSFER OF

OWNERSHIP OF TCT NO. C-3391(s)
BEARING CLOA NO. 00644247
PURSUANT TO AO 8, SERIES OF
1995

ADM. CASE No. A-0202-______-19

SPS. CELSO V. QUINDAY AND

ANSELMA TOLENTINO
Petitioners/Transferors,

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RESOLUTION

NATURE OF THE CASE

For resolution is an action to transfer ownership over parcel of agricultural land, designated
as Lot No. 63, Gss-554 within Faustino Berbano Estate containing an area of Twenty Nine Thousand Nine
Hundred Sixty Seven (29, 967) square meters, more or less, located MalaramBulo ( now Bulo), Allacapan,
Cagayan and covered by Transfer Certificate of Title (TCT) No. C-3391(s) registered in the names of
Spouses Celso V. Quinday and Anselma Tolentino.

STATEMENT OF FACTS

Records disclosed that Spouses Celso V. Quiday and Anselma Tolentino, are farmer
beneficiaries (FBs) who were granted TCT NO. C-3391(s) bearig Certificate of Land Ownership Award
(CLOA) No. 00644247 on 20 June 2002 which was duly registered in the Registry of Deeds of Cagayan on
27 June 2002.

Spouses Celso V. Quinday and Anselma Tolentino made the land productive and fully paid
the amortizations as evidenced by the Deed of Transfer under R.A. 6657.

Due to incapability of Petitioner Spouses Celso V. Quinday and Anselma Tolentino in making
the land productive, they sold the land to Jaycee D. Tumbaga as evidenced by the Deed of Sale dated 29
May 2017,
 ISSUE

Whether or not Lot No. 63, Gss-554 can be transferred to buyer Jaycee D. Tumbaga as the
new farmer beneficiary,

LAWS, RULES, AND REGULATIONS

Under the governing laws on transferability of awarded land, specifically Administrative

Order No. 8, Series of 1995, in consonance with Section 27 of RA 6657 as amended by RA 9700, lands
acquired by the beneficiaries under the Agrarian Reform Program may not be sold, transferred or
conveyed to other qualified beneficiaries for a period of ten (10) years,

DISCUSSION

The answers in the affirmative.

Here, the agricultural and land was only transferred, by virtue of Deed of Sale, fourteen
(14) years after its registration in the Registry of Deeds, The transfer is beyond the ten-year period
proscribed by Section 27 of RA 6657 as amended by RA as amended by RA 9700. Furthermore, the
documentary requirements set forth in Administrative Order No.8, Series of 1995 have been complied
with,

In support of the petition, pursuant to the requirements set forth in Administrative Order No.
8, Series of 1995, the following documents are attached, to wit:

For the Transferor:

1. Written request to transfer with Verification and Certification of Non-Forum Shopping;

2. Unsigned Certification of Full payment of the property;
3. Certification regarding loans from DAR;
4. Real Estate Tax Clearance;
5. Affidavit that the land is not subject of a pending case;
6. Electronic Copy of TCT No. C-3391(s) bearing CLOA No. 00644247;
7. Tax Declaration; and
8. Affidavit of Conformity of the FB’s signifying consent and conformity to the Cancellation of
Title

For the Transferee;

1. Affidavit of Aggregate landholding;

2. Income Tax Return;
3. Community Tax Certificate;
4. Provincial Assessor’s Certification of Property Holding;
5. Municipal Assessor’s certification of Property Holding; and
6. Certification from the Office of the Barangay Chairman stating that transferee Jayce D.
Tumbaga is the actual tiller of Lot No. 63, Gss-554,

Other documents attached to support the petition are;

1.Deed of Absolute Sale between Spouses Quinday and Jaycee D. Tumbaga dated 29 May
2017; and
2. Photocopy of Deed of Transfer under RA 6657,

After inspection of the documents and considering the governing laws, rules and
regulation, this office finds the petition for transfer of ownership in favor of petitioner
Spouses Celso V. Quinday and Anselma Tolentino to Jaycee D. Tumbaga, meritorious.

It was further established that Jaycee D. Tumbaga possesses all the qualifications and
none of the disqualifications to be an agrarian reform beneficiary as evidenced by his
willingness to use the land productively for agricultural purposes . The Transferee Jaycee D.
Tumbaga is now the actual occupant of the subject land as evidenced by the Certification
from the Officer of the Barangay Chairman.

Hence, the petition for land transfer is granted. Petitioners had satisfactorily
complied with all the conditions prescribed under existing DAR rules and guidelines for the
transfer of ownership of the awarded land.

WHEREFORE, premises considered, it is recommended than an ORDER be issued;

1. GRANTING the transfer of ownership of the subject land in favor of Jaycee D. Tumbaga;
2. DIRECTING Jaycee D. Tumbaga to continue cultivating, making the subject land
productive, and to preserve the agricultural nature thereof;
3. DIRECTING the Registry of Deeds of Cagayan to annotate the Order of Transfer of
ownership on TCT No. c-3391(s);
4. DIRECTING the transferee to file an Action for Cancellation of the CLOA issued to Spouses
Celso V. Quinday and Anselma Tolentino pursuant to A.O. No. 02-Series of 2018 as
amended by A O 4, Series of 2018;and
5. PERPECTUALLY DISQUALIFYING spouses Celso V. Quinday and Anselma Tolentio to be
beneficiaries under the agrarian reform program.

04 September 2019 DAR Provincial Office, Tuguegarao City, Cagayan.

ENGR.ARTHUR E. FAELDON
OIC Provincial Agrarian Reform Program Officer II