Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
ADJUDICATION BOARD (DARAB)
Office of the Regional Director
Provincial Agrarian Reform Office
San Francisco, Agusan del Sur
CARAGA REGION XIII
AURELIA C. SANGALIA DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
REPALDA C. TIMBAL DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
JOSEBOY N. LAYON DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
DIOSDADO M. ABOC DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
SHARON J. JACA DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
CESAR H. CAPUNONG DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
ELEUTERIA C. SADAY DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
VINGELO B. LIMATES DARAB CASE NO. _______
Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00081024
DAR PROVINCIAL OFFICE
REP. BY PARO LEONCIO C. BAUTISTA
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents
x---------------------------------------------------------------------------------/
PETITION
COMES NOW, the petitioners through the undersigned counsel unto her
Honorable Board most respectfully alleges:
1. That Petitioners, are all of legal ages, Filipinos and residents of Brgy.
Marfil, Rosario, Agusan del Sur where they can be served with
summons and processes of this Honorable Board;
2. That public respondent Register of Deeds is a government entity duly
created in accordance with the law with postal address at Government
Center, Patin-ay, Prosperidad, Agusan del Sur;
3. That public respondent Department of Agrarian Reform represented by
PARPO II Leoncio C. Bautista, Jr. is a government entity duly created
in accordance with the law with postal address at Barangay 5, San
Francisco, Agusan del Sur.
4. That the petitioners are co-owners and the identified farmer
beneficiaries over a parcel of land denominated as Lot No. 44, GSS-
883-D with TCT No. T-1271 covered under CLOA NO. 00081024 with
an area of 20.5160 hectares situated in Brgy. Marfil, Rosario, Agusan
del Sur. Photocopy of the title is hereto marked as Annex “A” made as
an integral part of this petition;
5. That the names of the identified farmer beneficiaries were attached to
the title with corresponding area of cultivation over the subject land;
6. That at the time of the issuance of the title in the year 1994, there was
no subdivision conducted, the area reflected in the title is more or less
the actual cultivation of the identified farmer beneficiaries as it is
specified as the ‘area applied for’;
7. That in January 18, 1996, subdivision survey was conducted for the
purpose of partition which disclosed the actual area cultivated by each
farmer;
8. That in the Affidavit of Non Objections herein attached as Annex B
executed by the herein petitioners, they agreed that the area assigned
to each of them in the approved subdivision plan is their actual area of
cultivation;
9. That the approved survey plan showed that the area actually cultivated
by Aurelia C. Sangalia is only 1.6011 hectares contrary to the area that
what was stated in the title which is 2.6000 hectares;
10. That the area actually cultivated by Repalda C. Timbal is 2.7522
hectares yet what was reflected in the title is only an area of 1.2523
hectares;
11. That the area actually cultivated by Joseboy N. Layon is 2.5757
hectares but what was reflected in the title is only an area of 1.2523
hectares;
12. That the area actually cultivated by Diosdado M. Aboc is 1.4325
hectares contrary to the area that was stated in the title which is 2.2550
hectares;
13. That the area actually cultivated by Sharon C. Jaca is 2.5046
hectares contrary to the area that was stated in the title which is 1.1000
hectares;
14. That the same approved survey plan disclosed that Cesar H.
Capunong actually cultivated an area of 1.2523 hectares only and not
2.0000 hectares which was stated in the title;
15. That Eleuteria C. Saday actually cultivated an area of 1.0020
hectares only contrary to the area reflected in the title which is 1.2230
hectares;
16. That the area actually cultivated by Vingelo B. Limates is 2.0049
hectares yet the area that was stated in the title is 3.0000 hectares;
17. That herein petitioners underwent mediation conference attested by
the Certificate of Mediation attached as Annex C herein and all of them
agreed that the ‘area applied for’ reflected in the TCT No. T-1271, Lot
No. 44, GSS-883-D with an area of 20.5160 hectares was changed after
the subdivision through the conducted abovementioned survey;
18. That petitioners further stated in the above-mentioned Affidavit of
Non Objections that they do not oppose the changes of the area
reflected in the subject title;
19. That there is a need to correct the area of award to the beneficiaries
in order to conform to the actual cultivation of the identified farmer
beneficiaries;
20. That the Approved Subdivision Plan is hereto attached marked as
Annex D and made as integral part of this petition;
21. That DARAB rules of 2009 provides Section 1. Primary and
Exclusive Original and Appellate Jurisdiction
xxxx f. Those involving the correction, partition
xxxx of Certificates of Land Ownership Award (CLOAs)
and Emancipation Patents (EPs) which are registered
with the Land Registration Authority; xxx
WHEREFORE, premises considered, after due notice and hearing, it is
most respectfully prayed to this Honorable Board that judgment be rendered:
22. Correcting TCT No. T-1271 by correcting the area of award to
identified farmer beneficiaries into:
AURELIA C. SANGALIA from 2.6000 to 1.6011 hectares
REPALDA C. TIMBAL from 1.2523 to 2.7522 hectares
JOSEBOY N. LAYON from 1.2522 to 2.5757 hectares
DIOSDADO M. ABOC from 2.2550 to 1.4325 hectares
SHARON C. JACA from 1.1000 to 2.5046 hectares
CESAR H. CAPUNONG from 2.0000 to 1.2523 hectares
ELEUTERIA C. SADAY from 1.2230 to 1.0020 hectares
VINGELO B. LIMATES from 3.0000 to 2.0049 hectares
23. Directing the DAR to cause the correction on its records reflecting
the correct area of award of the petitioners based on the approval
survey plan;
24. Ordering the Register of Deeds of Agusan del Sur to generate title in
the name of the identified farmer beneficiaries who are the herein
petitioners in accordance with the approved survey plan;
25. Granting such other reliefs as the Honorable Board may deem just
and equitable.
April 23, 2019 at San Francisco, Agusan del Sur, Philippines.
BUREAU OF AGRARIAN LEGAL ASSISTANCE
DEPARTMENT OF AGRARIAN REFORM
Provincial Agrarian Reform Office
San Francisco, Agusan del Sur
By:
SARAH JOY V. LUZON
Legal Officer
Counsel for the Petitioner
Under the supervision of
ATTY. MARDOVIC DODGE D. BENEGIAN II
Chief, Legal Services Division
Republic of the Philippines }
Province of Agusan del Sur }
Municipality of San Francisco }
VERIFICATION
We, AURELIA C. SANGALIA, REPALDA C. TIMBAL, JOSEBOY N. LAYON,
DIOSDADO M. ABOC, SHARON C. JACA, CESAR H. CAPUNONG; ELEUTERIA
C. SADAY; VINGELO B. LIMATES after having duly sworn to in accordance with
law hereby depose and say: that I have caused the preparation of this Petition
and have read and knew the contents thereof; all the allegations therein are true
to my personal knowledge and that there is no other action or proceeding
commenced or pending involving the same issues in the Supreme Court, the
Court of Appeals or any Tribunal or Agency.
AURELIA C. SANGALIA REPALDA C. TIMBAL
Affiant Affiant
JOSEBOY N. LAYON DIOSDADO M. ABOC
Affiant Affiant
SHARON C. JACA CESAR H. CAPUNONG
Affiant Affiant
ELEUTERIA C. SADAY VINGELO B. LIMATES
Affiant Affiant
SUBSCRIBED AND SWORN to before me this _____ day of ____ at San
Francisco, Agusan del Sur, Philippines, affiant/petitioner exhibited to me their
identification number ____________, ____________, ____________, ____________,
___________, ___________, ____________, _____________, issued.
Doc.___
Page No. ____ ______________________________
Book No. ____ Notary Public
Series of 2019
