January 11, 1996
DAR OPINION NO. 03-96
Mr. Narciso T . Sewa
Pangulo, ARBA- Nueva Ecija
IDP/NS Bldg., Baitas
Cabanatuan City
Dear Mr. Sewa:
This refers to your letter requesting for assistance regarding the complaint of the heirs of deceased tenant-beneficiary Macario Navarro, thru their Atty-in-Fact, Ms. Ma. Corazon Navarro, on the alleged erroneous transfer of the lots covered by Certificates of Land Transfer in the name of said decedent.
As gleaned from the documents appended to your letter, Macario Navarro, who died in April 1994, was the recipient of the following CLT's pursuant to P.D. No. 27: CLT No. 0119735 issued on September 11, 1973 for .7200 ha.; CLT No. 0262096 for .280 ha; and CLT No. 0262097 for 1.120 has., both issued on 29 August 1974, covering a total area of 2.12 has. of the Emilio Gonzales landholding at San Pascual, Talavera, Nueva Ecija. Moreover, it appears that a portion of said lots consisting of 1.0045 has. was reallocated to a certain Dalmacio Castillo by virtue of the Reallocation Order dated August 20, 1993 issued by then Regional Director Antonio Nuesa, and that the remaining portion is in the actual possession and occupation of Miguel de Jesus and Spouses Cipriano and Alejandra Ramos. The heirs of Macario Navarro have vigorously contested the reallocation/possession of subject lots by said persons to their exclusion, but allegedly nothing has been judiciously resolved, hence the instant request for assistance.
Anent the Order of Reallocation in favor of Dalmacio Castillo, since fraud is alleged to have attended the issuance thereof, an appeal therefrom may be filed with the Office of the DAR Secretary, to enable the heirs to prove that said reallocation is erroneous and that they have a better right to said reallocation as heirs of the beneficiary. As regards the lots occupied by Miguel de Jesus and the Ramos spouses, a petition for reallocation and recovery of possession may be filed by the heirs, on grounds of succession, with the Office of the Regional Director of DAR Region III, pursuant to his authority under DAR M.C. No. 5-87.
We hope to have enlightened you on the proper steps to be taken in regard to the controversy.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
Copy furnished:
USEC Jose C. Medina, Jr.
Ma. Corazon Navarro
Bgy. San Pascual
Talavera, Nueva Ecija