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JurisprudenceG.R. No. 179566 -

G.R. No. 179566 -

Cited Laws

RA 155,RA 90RA 333,343RA 6657RA 466RA 592,RA 272,RA 94,RA 731RA 1,RA 540RA 431RA 57,RA 33,RA 577,RA 120RA 474RA 138RA 680,RA 784,
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TL;DR — Ruling

WHEREFORE, premises considered, the questioned Decision dated 24 September 2001 rendered by the public respondent DARAB is hereby REVERSED and SET ASIDE and a new one entered: 1. Ordering the Register of Deeds of Davao City to Cancel TCT No. CL-143 (CLOA No. 00044912); 2.

Decision

Ruling

WHEREFORE, premises considered, the questioned Decision dated 24 September 2001 rendered by the public respondent DARAB is hereby REVERSED and SET ASIDE and a new one entered: 1. Ordering the Register of Deeds of Davao City to Cancel TCT No. CL-143 (CLOA No. 00044912); 2. Ordering the Register of Deeds of Davao City to reinstate Transfer Certificate of Title Nos. T-162077 and T-162078 in the name of PhilBanking; 3. Maintaining the private respondents members of the ARBA and Farmers Association of Davao-KMPI in their peaceful possession and cultivation over their respective landholdings in this case if they and/or predecessors[-]in-interest were already tenants over the same period to June 15, 1988[;] and 4. Declaring the parcels of land in question as exempted from the coverage of CARL. [29] From this decision, the DAR, ARBA, and Felipe Ramos (Ramos), representing a faction of ARBA, filed separate petitions for review on certiorari before us, docketed as G.R. No. 168206, G.R. No. 168394, and G.R. No. 168684, respectively. [30] We denied the DAR and Ramos Petitions via minute resolutions and both denials eventually . attained finality. [31] Meanwhile, the petition filed by ARBA in G.R. No. 168394 was still pending at that time. [32] On the other hand, the DARAB in the ARBA, et al . Complaint reversed the Regional Adjudicator and rendered a new judgment [33] on June 14, 2005 (DARAB Case No. 10860), the dispositive part of which reads: WHEREFORE , premises considered, the appealed decision is hereby SET ASIDE and a NEW JUDGMENT is rendered as follows: Declaring the cancellation of complainant-appellant ARBA's TCT No. CL-143, as null and void; Declaring the reinstatement on September 28, 1999 of the previously cancelled TCT No. T-162077 and TCT No. T-162078, under the name of Philippine Banking Corporation, as null and void; · Declaring the transfer of TCT No. T-162077 and TCT No. 162078 under the names of respondents-appellees Loreto G. Nicolas and Olimpio R. Cruz, and their respective spouses, in TCT No. T-320807 and TCT No. T-320808, respectively, on September 1, 2000 as null and void; Declaring the transfer of TCT No. T-320807 and TCT No. T-320808 under the names of respondents­ appellees Loreto G. Nicolas and Olimpio R. Cruz, and their respective spouses, into six (6) titles, to wit, TCT Nos. T-328623, T-328624, T-328625, T-328626, T-328627, T-328628, on September 21, 2000, as null and void; Declaring the sale or purchase of TCT No. T-328626 executed by respondents-appellees Loreto G. Nicolas and Olimpio R. Cruz, and their respective spouses, in favor of spouses Marciano and Judith Tapiador, as null and void; Declaring TCT Nos. T-162077, T-162078, T-320807, T-320808, T-328623, T-328624, T-3286 5, T-328626, T-328627, T-328628 and T-332246, as null and void; and · Ordering the Registry of Deeds of Davao City to reinstate complainant-appellant ARBA's TCT No. CL-143. SO ORDERED.