EMERSON B. BAGONGAHASA, GIRLIE B. BAGONGAHASA, DEPARTMENT OF AGRARIAN REFORM - PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, AND REGISTER OF DEEDS OF SINOLOAN, LAGUNA, VS. JOHANNA L. ROMUALDEZ.

Ruling

WHEREFORE , premises considered, judgment is hereby rendered: 1. Ordering the cancellation of Certificate of Land Ownership Award (CLOA) NOS. 00155653, 00155652 and 00119810 issued to herein private respondents; [and] 2. Ordering the Register of Deeds of Siniloan, Laguna to cause the cancellation of the Certificate of Land Ownership Award (CLOA) to herein named defendants. SO ORDERED . [6] Aggrieved, petitioners appealed to the DARAB. In its decision [7] dated May 3, 2005, the DARAB held that the complaints filed were virtual protests against the CARP coverage, to which it has no jurisdiction. The DARAB further held that, while it has jurisdiction to cancel the Certificate of Land Ownership Awards (CLOAs), which had been registered with the Register of Deeds (RD) of Laguna, it cannot pass upon matters exclusively vested in the DAR Secretary. Moreover, the DARAB ruled that the assailed CLOAs having been registered in 1994 and 1995 became incontestable and indefeasible. Thus: WHEREFORE , premises considered, the appealed decision is hereby REVERSED and/or SET ASIDE . A new judgment is hereby entered: 1. Sustaining the validity of the subject Certificates of Land Ownership Award (CLOAs) Nos. 00155653, 00155652 and 00119810 issued to the herein Defendants-Appellants: and 2. Dismissing the instant complaints for lack of merit. No costs. SO ORDERED . [8] Respondents filed a Motion for Reconsideration, which the DARAB, however, denied for lack of merit. [9] Thus, respondents sought recourse from the CA. On May 31, 2007, the CA, invoking Section 1 (1.6), Rule II of the 2003 DARAB Rules of Procedure, [10] held that the DARAB has the exclusive original jurisdiction to determine and adjudicate cases involving correction, partition, and cancellation of Emancipation Patents and CLOAs which are registered with the Land Registration Authority (LRA), as in this case. The CA ratiocinated that other than the registration of the assailed CLOAs, the RD already issued Original Certificate of Title No. OCL-474 in favor of respondents. Moreover, the CA relied on the PARAD's finding that respondents were deprived of due process when no notice of coverage was ever furnished and no just compensation was paid to them. The CA disposed of the case in this wise: WHEREFORE , premises considered, the petition is GRANTED . The assailed Decision dated May 3, 2005 and the Resolution dated October 10, 2006 are hereby REVERSED and SET ASIDE . The Joint Decision of the Provincial Adjudicator dated December 28, 2000 is hereby REINSTATED with MODIFICATION as follows: " WHEREFORE , premises considered, judgment is hereby rendered: 1. Ordering the cancellation of the Certificate of Land Ownership Award (CLOA) NOS. 00155653, 00155652 and 00119810 issued to herein private respondents [petitioners in the instant case]; 2. Ordering the Register of Deeds of Siniloan, Laguna to cause the cancellation of OCT No. OCL-474 to herein named private respondents [petitioners in the instant case]. SO O