[A-9999-06-M-260-00.  August 20, 2001.]

IN RE: PETITION FOR ISSUANCE OF INSTALLATION ORDER

JULIETA CORDOVA, ET AL., petitioners/appellees, vs. CONCORDIA V. TISON and JOSEPHINE CABI-AO, oppositors/appellants.

O R D E R

For resolution is an appeal filed by Concordia V. Tison and Josephine Cabi-ao, form the Order dated April 29, 1999, of the Regional Director of DAR, Region VI, the dispositive portion of which reads:

"WHEREFORE, premises considered, Order is hereby issued:

1.         Placing/installing and maintaining the twelve (12) Certificate of Landownership Award holders, namely: Anacleta Bayking, Erlinda Desierto Alejandro Bayking, Alfredo Estimano, Bernabe Nunez, Dionisio Giloctog, Salvador Galvez, Roberto Dizon, Rogelio Borao, Julieta Cordova, Carlito Labayo and Felix Galvez, in possession of the landholding covered by CLOA No. 00036782;

2.         DIRECTING, the Provincial Agrarian Reform Officer (PARO) to solicit the assistance of the Provincial Director, Philippine National Police, Negros Occidental, if necessary, in the maintenance of peace and order, in the actual installation and placement of the CLOA holder over subject landholdings;

3.         EXCLUDING, all persons who are not CLOA holders from the landholding subject matter of this case;

4.         DIRECTING, the PARO/MARO concerned to effect and implement this Order, Strictly, judiciously and efficaciously using every possible initiative to the end, that the sprit and objectives of the Comprehensive Agrarian Reform Law will not be defeated."

The facts of the case are as follows:

The land subject of this case Lot No. 2237 under TCT No. T-105530, containing an area of 6.5299 hectares and located at Barangay Mabini, Escalante, Negros Occidental.

The said landholding was subject of foreclosure by PNB-San Carlos City, Negros Occidental, against Jacinto Valdivia, the original owner thereof. Thereafter, it was transferred to this Department for distribution to qualified beneficiaries in accordance with the provision of Executive Order No. 407. it went through a process and, ultimately, a collective Certificate of Landownership Award (CLOA) was generated and upon its registration on September 29, 1993, in was issued to Anacleta A. Bayking and eleven (11) others, as co-owners.

Conflict arose when Concordia Valdivia, allegedly illegitimate child of Jacinto Valdivia, entered subject property and prevented Anacleta A. Bayking, et al., from exercising the right of possession and ownership of the property covered by the aforestated CLOA.

In a Status Report, MARO Jacinto R. Piñosa disclosed that series of conferences/dialogues by and between the farmer-beneficiaries and Concordia Valdivia Tison were conducted but no settlement was reached; and, that appellant insists that, being an heir of the former owner, she is also qualified as beneficiary of the land. At present, oppositors/appellants have planted sugarcane over a 3.5-hectare portion of the property.

He then recommended that the CLOA awardees be re-installed in the possession of the property and it was concurred in by OIC-PARO Stephen M. Leonidas, appearing in his third indorsement dated December 8, 1998.

In the appealed Order dated April 29, 1999, it was ruled that the twelve (12) beneficiaries/awardees, appellees herein, have the right to enjoy peaceful, open, and continuous possession and cultivation of the land without other limitations except those established by law.

A Motion for Reconsideration was filed by Concordia V. Tison but was denied by Regional Director Othelo C. Clement, contained in his Order dated November 18, 1999.

Hence, this Appeal, arguing that from the time Transfer Certificate of Title No. CLOA-1446 was issued to herein petitioners/appellees, they failed to pay at least (3) annual amortizations to LBP; that petitioners neglected or abandoned the awarded land continuously for more than two 92) calendar years; and that oppositors/appellants are landless and have been in continuous and peaceful possession of the land in good faith, thus, qualified them to become beneficiaries.

This Office is not impressed as it found hard to believe that petitioners/appellees did abandon subject landholdings, knowing fully well that ownership thereof was soon to be in their hands. Moreover, in the nature of thing, they could not have even though of instituting instant action for the recovery of the same. Anyone, in his right mind, would not waste time, effort and money, especially if he is poor, to prosecute an unworthy cause.

By and large, oppositors/appellants cannot invoke good faith when they acquired possession of the land. Subject landholding was already covered by CARP. In fact, when said oppositors-appellants occupied subject landholding, same already covered by a collective CLOA that was registered in the names of petitioners/appellees.

That appellant Concordia V. Tison is an heir of the original owner even if true, is contention that is bereft of materiality. The preferential rights as beneficiary that is extended to children of the original owner has no applicability considering that the landholding involved, by reason of the foreclosure, was no longer owned by the original owner, alleged predecessor of appellants. The required element of ownership of the original owner no longer exists. With the foreclosure of subject property by the PNB-San Carlos City and, upon the expiration of the redemption period, the consolidated of title in the name of PNB, Jacinto Valdivia, his heirs and assignees (including appellant) lost ownership and interest over said landholdings. Hence, the act of the MARO in identifying petitioners/appellees as beneficiaries of subject land was not an error, much more a reversible error.

WHEREFORE, premises considered, the appeal is hereby dismissed and the Order of the Regional Director of DAR Region VI dated April 29, 1999, affirmed in toto.

SO ORDERED.

Diliman, Quezon City.

(SGD.) HERNANI A. BRAGANZA

Secretary

Copy furnished:

Concordia V. Tison

Sitio Sta. Ana, Brgy. Mabini

Escalante, Negros Occidental

Josephine T. Cabi-ao

Sitio Sta. Ana Brgy. Mabini

Escalante, Negros Occidental

Bernabe Nunez

Dionisio Giloctog

Salvador Galvez

Erlinda Disierto

Alejandro Bayking

Roberto Dizon

Rogelio Borao

Julieta Cordova

Alredo Estimado

Carlito Labayo

Felix Galvez

Anacleta Bayking

All of Sta. Ana Escalante

Negros Occidental

The Regional Director

DAR-Region VI

Iloilo City

The Provincial Agrarian Reform Officer

San Sebastian-Dawis Sts.

Bacolod City, Negros Occidental

The Municipal Agrarian Reform Officer

DARMO, Escalante, Negros Occidental