[ADM. CASE NO. A-9999-06-R-0263-99.  November 9, 2001.]

IN RE: APPLICATION FOR RETENTION OF LANDHOLDING PURSUANT TO RA NO. 6657

ROSARIO GILDORE, applicant-appellant, vs. SOTERO ESTACION, RIZALDO P. PUNZALAN, MAGALINO C. DARIA, JR., ANTONIO S. PAJA AND ALFREDO C. ESTACION, respondents-appellees.

O R D E R

Before this Office is an Appeal from the Order of Regional Director Dominador Andres then of DAR Region VI, dated July 28 and December 29, 1998, granting appellant a retention area of five hectares, and simultaneously placing the rest of subject landholding under CARP coverage.

The instant appeal is anchored on the ground that the assailed Orders were erroneous and without legal basis.

Records disclosed that Rosario Gildore filed an application for retention under CARP over her landholding located in Barangay Tipacla, Ajuy, Iloilo, identified as Lot No. 2265-B, with an aggregate area of 4.0000 hectares.

Acting thereon, MARO Isidro E. Tarol, Jr. of Ajuy conducted an investigation and it was disclosed that appellant is the registered owner, per TCT No. 6968, of Lots 7-B-4 and 7-B-5 with an aggregate area of 15.0844 hectares; that Lot No. 7-B-4 was subdivided into three sublots, namely: sublots Nos. 2265-A (2.1265 has.), 2265-B (4.0000 has.) and 2265-C (3.4340 has.) with an aggregate area of 9.5607 hectares; that sub-lots 2265-A and 2265-C were sold to Ricardo Piocio, Jr. on June 18, 1985, and TCT Nos. T-119712 and T-119713, respectively, were issued in his name; that sublot no. 2265-B remained with the appellant and tenanted by Antonio Bismanos and Manuel Punzalan; that Lot No. 7-B-5, containing an area of 5.5239 hectares, (1.97-hectare portion thereof is being tilled by Magdalino Dario) was sold to Hazel, Francisco and Romeo, all surnamed Gildore, in September 1987 and TCT No. T-123453 was subsequently issued in their names.

On April 9, 1998, Atty. Rodrigo Cainglef of the Legal Division, DAR Iloilo, recommended the approval of appellant's application to retain subject Lot No. 2265-B.

Subsequently, the Regional Director issued the assailed Order dated July 28, 1998, the decretal portion of which reads:

"WHEREFORE, in the light of the foregoing premises, Order is hereby issued:

1.         Granting the application of five (5) hectare retention which shall be the 1.4876 hectare of Lot 7-B-4 and 3.5124 hectares of Lot 7-B-5;

2.         Directing the Municipal Agrarian Reform Officer (MARO) of Ajuy, Iloilo and the Provincial agrarian Reform Officer (PARO) of Iloilo to place under the coverage of CARP the remaining 2.0115 hectare of Lot 7-B-5;

3.         Directing the MARO to place under leasehold the retained area; if tenanted;

4.         Affirming the coverage under Operation Land Transfer (OLT) pursuant to PD No. 27 the area of 8.0729 hectare of Lot 7-B-4 otherwise known as Lot 2265 and the issuance of Emancipation Patents (EPs) to the farmer-beneficiaries therein; and

5.         Directing the PARO and MARO concerned to strictly implement this Order.

SO ORDERED."

Said Order was reiterated in an Order dated December 29, 1998, which denied appellant's motion for reconsideration.

Hence, the instant appeal.

Culled from the records of the case, appellant is the registered owner of subject lots 7-B-4 and 7-B-5 since 1972. Lot No. 7-B-4 was placed under Operation Land Transfer (OLT) and Emancipation Patents (EPs) were already generated and issued to the farmer-beneficiaries thereof. Consequently, the sale of Sub-Lot Nos. 2265-A and 2265-C (formerly Lot 7-B-4) to Ricardo Piccio on June 18, 1985 was of doubtful validity as said alienation violates as prohibitory provision of the agrarian law. As of October 21, 1972, the tenants were deemed as the new owners of the land they till.

The landowners, however, cannot be denied of their statutory right of retention and choice as aptly stated and ruled in the case of Tenants of the Estate of Dr. Jose Sison vs. Court of Appeals (210 SCRA 545, Sec. 6, RA 6657).

Confronted by the interplay of the foregoing basic rights of landowners, on the one hand, and the tenants on the other hand, this Office finds the facts established insufficient to support either of the foregoing especially considering that were supervening voluntary transfers of ownership; the want of exact determination of the character of the landholding involved when PD 27 was promulgated into law, the date and extent of tenancy over portions thereof planned to either rice or corn; and the like.  Absent thereof, no judicious resolution of the case be had.

WHEREFORE, Order is hereby issued remanding the case to the office of origin for further proceedings.

The records of the case be transmitted to the Office of the Regional Director of Region VI as soon as possible.

SO ORDERED.

Diliman, Quezon City.

(SGD.) HERNANI A. BRAGANZA

Secretary

Copy furnished:

Rosario Gildero

Victorio Salcedo St.

Poblacion, Sara, Iloilo

Sotero Estacion

Rizalino Punzalan

Antonio Paja

Afredo Estacion

All of Brgy. Tipacla

Ajuy, Iloilo

The Regional Director

DARRO VI, Balantang

Jaro, Iloilo

The Provincial Agrarian Reform Officer

DARPO, St., Clements Compound

La Paz, Iloilo

The Municipal Agrarian Reform Officer

DARMO, Ajuy, Iloilo