G.R. No. 138289 - GRACIANO PALELE, VS. HON. COURT OF APPEALS, (FOURTH DIVISION) AND TOMAS SOBREVIÑAS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, a decision is hereby rendered as follows: DECLARING protestant-petitioner to be disqualified to purchase the subject lots; DECLARING TCT-CLOA 2362, covering Lot No. 2683, containing an area of 1,044 sq. meters, located at Brgy. Luacan, Dinalupihan, Bataan, issued in the name of Graciano Palele to be validly and correctly issued; DIRECTING the Register of Deeds of Bataan to cancel TCT-CLOA No. 2361, covering Lot No. 2679, containing an area of 3,071 sq. meters, located at Brgy. Luacan, Dinalupihan, Bataan, issued in the name of Graciano Palele; DIRECTING the Municipal Agrarian Reform Office, Dinalupihan, Bataan to initiate the conduct of a subdivision survey of the aforementioned Lot No. 2679, and thereafter issue a new CLOA, covering 1,000 sq. meters of the same to Graciano Palele and the rest be awarded to the actual occupants or to qualified beneficiaries as the case may be. No pronouncement as to cost. SO DECIDED. [4] Private respondent appealed to the DARAB, but the latter affirmed in toto the decision of the PARAD . [5] Consequently, private respondent filed a petition for review before the Court of Appeals which, on February 4, 1999, reversed the decision of the DARAB and rendered judgment for private respondent. The dispositive portion of the Court of Appeals' decision reads: WHEREFORE, in the light of the foregoing disquisitions, the petition for review is hereby GRANTED. The decision of the respondent Department of Agrarian Reform Adjudication Board (DARAB), affirming the decision of the Provincial Adjudication Board, is REVERSED and SET ASIDE. Accordingly, Certificate of Land Ownership Award (CLOA) No. 2362, covering lot 2683, and CLOA No. 2361, covering lot 2679, are ordered RECALLED and CANCELLED. SO ORDERED.