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    Cancellation Comment-With Order of Finality

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    RexylPacayCainar
    This document is a comment submitted in response to a petition for cancellation of a land title (TCT-CLOA-10556) involving a 5,000 square meter parcel in Nueva Vizcaya. [1] The comment admits all the allegations in the petition. [2] It provides rationale for this, noting that the petitioner was previously recommended as the rightful allocatee in a prior land transfer action by DARPO Nueva Vizcaya. [3] However, a new administrative order now mandates that DAR must defend the indefeasibility of all its land titles. [4] Nonetheless, as the office previously recommended canceling the original title and reallocating the

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    Cancellation Comment-With Order of Finality

    Uploaded by

    RexylPacayCainar
    236 views4 pages
    This document is a comment submitted in response to a petition for cancellation of a land title (TCT-CLOA-10556) involving a 5,000 square meter parcel in Nueva Vizcaya. [1] The comment admits all the allegations in the petition. [2] It provides rationale for this, noting that the petitioner was previously recommended as the rightful allocatee in a prior land transfer action by DARPO Nueva Vizcaya. [3] However, a new administrative order now mandates that DAR must defend the indefeasibility of all its land titles. [4] Nonetheless, as the office previously recommended canceling the original title and reallocating the

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    CANCELLATION COMMENT-WITH ORDER OF FINALITY.docx

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    This document is a comment submitted in response to a petition for cancellation of a land title (TCT-CLOA-10556) involving a 5,000 square meter parcel in Nueva Vizcaya. [1] The comment admits all the allegations in the petition. [2] It provides rationale for this, noting that the petitioner was previously recommended as the rightful allocatee in a prior land transfer action by DARPO Nueva Vizcaya. [3] However, a new administrative order now mandates that DAR must defend the indefeasibility of all its land titles. [4] Nonetheless, as the office previously recommended canceling the original title and reallocating the

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    236 views4 pages

    Cancellation Comment-With Order of Finality

    Uploaded by

    RexylPacayCainar
    This document is a comment submitted in response to a petition for cancellation of a land title (TCT-CLOA-10556) involving a 5,000 square meter parcel in Nueva Vizcaya. [1] The comment admits all the allegations in the petition. [2] It provides rationale for this, noting that the petitioner was previously recommended as the rightful allocatee in a prior land transfer action by DARPO Nueva Vizcaya. [3] However, a new administrative order now mandates that DAR must defend the indefeasibility of all its land titles. [4] Nonetheless, as the office previously recommended canceling the original title and reallocating the

    Copyright:

    © All Rights Reserved
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    of 4

    Republic of the Philippines

    DEPARTMENT OF AGRARIAN REFORM


    OFFICE OF THE SECRETARY
    Elliptical Road, Diliman, Quezon City

    INRE: PETITION FOR CANCELLATION CANC-0206-0043-2013


    OF TCT-NO. CLOA-10556 For Cancellation of TCT No.
    INVOLVING A PARCEL OF LAND CLOA-10556
    CONTAINING AN AREA OF 5,000
    SQUARE METERS, MORE OR
    LESS OF THE LAND RECORDS OF
    NUEVA VIZCAYA.

    FRACISCO ABALUS,
    Petitioner,

    -versus-

    FARMER-BENEFICIARY MARIA
    VICTORIA VALDEZ, PARO II
    JOSELITO O. GARCIA and the
    REGISTER OF DEEDS OF NUEVA
    VIZCAYA,

    Respondents.
    x------------------------------------------x

    COMMENT

    Respondent Joselito O. Garcia, through the undersigned counsel unto the Office

    of the Honorable Secretary of the Department of Agrarian Reform respectfully submits

    his comment on the above-entitled case, to wit;

    1
    1. That all the allegations in the petition are hereby admitted;

    RATIONALE FOR ADMITTING ALL THE ALLEGATIONS:

    2. Prior to the enactment of A. O. 06, Series of 2011, herein instant petition

    for cancellation involving the said land was previously documented by

    the Office of the Legal Division DARPO Nueva Vizcaya for Land Transfer

    Action (LTA);

    3. Herein petitioner was previously recommended as re-allocatee over the

    subject landholding in the said LTA documentation. Consequently, as

    alleged in the petition, an order was issued declaring the land vacant and

    at the same time directing herein petitioner to initiate the filing of petition

    for cancellation over the subject landholding and at the same time

    ordering the disqualification of former farmer-beneficiary MARIA

    VICTORIA VALDEZ to become as such in the near future;

    4. However, with the enactment of A. O. 06, Series of 2011, the Office is now

    mandated by the said A. O. to defend the indefeasibility of all titles issued

    by Department of Agrarian Reform in accordance with agrarian reform

    laws;

    5. Since we already recommended the cancellation of title over the subject

    landholding as an incident to the re-allocation of said land to herein

    2
    petitioner, we hereby concur to the petition for cancellation of the subject

    landholding.

    WHEREFORE, premises considered, It is most respectfully prayed of the

    Honorable Secretary of the Department of Agrarian Reform to grant the herein petition

    for cancellation; other relief just and equitable under the premises are likewise prayed

    for.

    DAR Provincial Office, Bayombong, Nueva Vizcaya, this 18th day February 2013.

    BUREAU OF AGRARIAN LEGAL ASSISTANCE


    Department of Agrarian Reform
    Province of Nueva Vizcaya

    By:

    ATTY. JOURNALYN S. BUMAGAT-NACPIL


    OIC-CHIEF, LEGAL DIVISION
    Roll No. 58493
    IBP NO. 921328-2/15/2013
    PTR. NO. 0046303
    MCLE Compliance No. IV-0003173

    SOCRATES VICTORINO C. SARMIENTO


    Attorney I

    VERIFICATION

    Undersigned, after having been duly sworn to in accordance with law do hereby
    states:

    1. That I am the Respondent in the above- entitled case;

    3
    2. That I have caused the foregoing Comment be prepared, read and knows
    the contents thereof;

    3. That all the allegations stated therein are true and correct to the best of my
    personal knowledge and belief;
    4. That no cancellation proceeding or action is pending in the Supreme
    Court, the Court of Appeals, or any other Court in the Philippines,
    Tribunal or agency involving the same issues and parties;

    5. That if I thereafter learn that a similar action or cancellation proceeding


    has been filed or is pending in the Supreme Court, the Court of Appeals,
    or any other Court in the Philippines, Tribunal or agency, I shall
    undertake to report that fact to this Honorable office within five (5) days
    there from.

    IN WITNESS WHEREOF, I have hereunto affixed my signature this 18th day of


    February 2013 at Bayombong, Nueva Vizcaya Philippines.

    JOSELITO O. GARCIA, CESO IV


    Affiant
    GSIS UMID NO. 006-0051-1887-8

    SUBSCRIBED AND SWORN to before me at Bayombong, Nueva Vizcaya this


    ___ th day of February 2013.

    Doc. No. ____;


    Page No. ____;
    Book No. ____;
    Series of 2013.

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