G.R. No. 148277 - NICANOR MARTILLANO, VS. THE HONORABLE COURT OF APPEALS AND WILSON PO CHAM.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered: Declaring respondent Nicanor Martillano as not a bona fide tenant of the land in dispute, consisting of two (2) parcels known as Lot No. 18-C-1 with an area of 7,301 square meters and Lot No. 18-C-2 with an area of 6,834 square meters, situated at Pandayan (formerly Ibayo), Meycauyan, Bulacan, owned by complainant Abelardo Valenzuela, Jr.; Declaring null and void CLT No. 0-042751 and Emancipation Patent No. A-308399 generated in favor of respondent Nicanor F. Martillano for having been erroneously and improperly issued, and ordering their immediate recall and/or cancellation; Ordering respondent Nicanor F. Martillano and all other persons claiming authority under him to immediately vacate subject landholding and surrender possession thereof to complainant Abelardo D. Valenzuela. On appeal, the DARAB reversed the decision of the Regional Adjudication Board and declared Martillano as a bona fide tenant for the disputed land, and Certificate of Land Transfer No. 0-042751 and Emancipation Patent Nos. 308399 and 308400-(H) as valid. The decretal portion of the DARAB decision reads: WHEREFORE, the Decision of the DAR Regional Adjudication Board dated April 19, 1990 is hereby REVERSED, and a new one entered: Declaring the Appellant a bona fide tenant-tiller of the land in dispute; Declaring and maintaining as valid the Certificate of Land Transfer numbered No. 0-042751 and the Emancipation patent Nos. 308399 and 308400-(H) issued to appellant; Directing the DAR Provincial Agrarian Reform Officer (PARO) of Baliuag, Bulacan to register the said Emancipation Patents with the Register of Deed; for the Province of Bulacan and for the latter to enter the same in the Book of Registry; and Denying the Motion for Reconsideration dated February 26, 1991 filed by Appellee for being moot and academic. From this decision, no appeal was interposed by Valenzuela. Meanwhile, as early as May 13, 1994, Valenzuela filed an application with the DAR, Region III for the retention of a portion of his landholdings with a total land area of 10.12625 hectares pursuant to Section 6 of RA 6657. [5] In an Order dated December 20, 1996, the DAR, Region III, thru then Regional Director Eugenio B. Bernardo, granted to Valenzuela 4.4597 hectares under TCT Nos. T-12773 (M) and T-12.774 (M) (formerly OCT No. 0-6061) as his retention area. Thus: WHEREFORE, premises considered, an ORDER is hereby issued, as follows: GRANTING Valenzuela an area of 4.4597 hectares under TCT Nos. T-12773 (M) and T-12.774 (M) (formerly OCT No. 0-6061) situated in Meycauyan, Bulacan, as his retention area; DIRECTING Abelardo Valenzuela, Jr., to cause the segregation of his retained area at his own expense and to submit a copy of the segregation plan to this Office within thirty (30) days from the approval thereof; and, MAINTAINING the legality and validity of the Emancipation patents of Apolinario Antonio, Severo San Felipe, Guillermo Pangilinan and N