Cited Laws
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.
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.
RODOLFO HERMOSO, ANTONIO JACOBE, BRIGIDO PORTUGUESE, REGALADO AUSTRIA, LOLITA ANGELES, PRESINA BERSABE, ANGELITO ROSQUETA, CONSTANCIO PROTUGUESE, ROGELIO SANTOS, ALIAS FIEL, CATALINA VALENZUELA, JAIME PANGILINAN, ESTELA DE VERA MACALALAD, LETICIA LOPEZ, NOEMI BAUTISTA, GREGORIO ANTAZO, ELPIDIO CRIZA
G.R. NO. 140319 -
CaseG.R. NO. 169193 - SPOUSES ILUMINADA CAPITLE AND CIRILO CAPITLE, VS. FORTUNATA ELBAMBUENA AND ROSALINDA C. OLAR. D E C I S I O N - Supreme Court E-Library
G.R. NO. 169193 -
CaseG.R. No. 171253 -
G.R. No. 171253 -