G.R. NO. 137881 - ISAAC DELGADO AND FERNANDO DELGADO, VS. COURT OF APPEALS, ZACARIAS LIMPANGOG, REMEGIO LAGUNA, SANTIAGO BALORO, CAMILO EVANGELISTA, NEMESIO AMORES AND RUSTICO RUIZO.

Ruling

WHEREFORE, premises considered and based on substantial evidence, decision is hereby rendered finding and declaring the Retention Order issued by the DAR Regional Director on January 31, 2002 consisting of 50,000 square meters of Riceland designated as Psu-08-00579 (OLT) later delineated as Lot 2, Psu-081-006927 (AR) valid; declaring said Retention Order dated January 31, 2002 final and executory; declaring that the DAR Regional Director has the authority and jurisdiction to hear and resolve application for retention pursuant to E.O. No. 229, E.O. No. 129-A and R.A. 6657; declaring EP No. A-045451, OCT No. OE-1183 in the name of Nemesio T. Amores; EP No. A-045453, OCT No. OE-1184 in the name of Rustico Ruizo; EP No. A-045799, OCT No. OE-1186 in the name of Zacarias Limpangog; EP No. A-045800, OCT No. OE-1189 in the name of Remegio Laguna; EP No. A-045798, OCT No. OE-1192 in the name of Camilo Evangelista; EP No. A-045796, OCT No. OE-1193 in the name of Santiago Baloro ; EP No. A-068768, OCT No. 6776 in the name of Pascual Calves; EP No. A-045452, OCT No. OE-1185 in the name of Francisco Majadas; EP No. A-045454, OCT No. OE-1188 in the name of Macario Evangelista; EP No. A-045797 without OCT in the name of Arsenio Demelletes; EP No. A-067594, OCT No. OE-6272 in the name of Regalado Evangelista; and EP Nos. A-125985, A-125984 and A-125983 without OCT all in the name of Bonifacio Bentoy; represented by his wife Sevilla Bentoy, null and void; ordering all said private respondents or their heirs or representative to surrender their respective EPs enumerated above to the Register of Deeds (ROD) Province of Leyte with office address at MacArthur Park, Palo, Leyte and for said ROD to cancel the said EPs and spread in its record books said cancellation; Ordering the Operations Division DAR Provincial Office, Tanghas, Tolosa, Leyte to spread in its records the cancellation of the above-mentioned effect; Ordering the Provincial Assessors of Leyte and the Municipal Assessors of Palompon, Leyte to cancel the tax declaration of the lots awarded to all private respondents and reinstate the tax declarations of the estate of Isaac Delgado; ordering the petitioners heirs and successors of deceased Isaac Delgado to maintain private respondents in the second petition namely: Pascual Galves, Francisco Majadas, Macario Evangelista, Arsenio Demelletes, Regalado Evangelista and Bonifacio Bentoy (deceased) represented by wife Sevilla Bentoy in peaceful possession and cultivation of their respective lots pursuant to paragraph (2), dispositive portion of the Order dated January 31, 2002 in DAR Case No. A-0800-0243-99; as to private respondents Zacarias Limpangog, Remegio Laguna, Santiago Baloro, Camilo Evangelista, Nemesio Amores and Rustico Ruizo, they should likewise be maintained in peaceful possession pursuant to said Order dated January 31, 2002 in DAR Case No. R-0800-0243-99 without prejudice to the outcome of the case between them and petitioners before the Supreme