G.R. No. 204617 - ESPERANZA BERBOSO, VS. VICTORIA CABRAL.DECISION - Supreme Court E-Library

Ruling

accordingly affirmed the validity of the EP Nos. 445829 and 445830. Respondent's appeal to the DARAB was denied. Respondent elevated the case to the CA via a Petition for Review docketed as CA-G.R. SP No. 44666. The CA in its Decision [4] dated April 21, 1998, affirmed the decisions of the PARAB and the DARAB. Respondent assailed the CA decision to this Court, but on December 9, 1998 Resolution, [5] this Court dismissed the respondent's petition. Pending the resolution of the motion for reconsideration (MR) filed by the respondent, the latter filed on February 26, 1999, her second petition for the cancellation of the said EP Nos. 445829 and 445830 before the PARAB docketed as DARAB Case No. R-03-02-8506'99. Respondent claimed that petitioner sold a portion of the subject land to a certain Rosa Fernando (Fernando) within the prohibitory period under the existing rules and regulations of the DAR and prayed again for the cancellation of EP Nos. 445829 and 445830 awarded to Alejandro. Petitioner specifically denied the allegation of respondent that she sold a portion of the subject land to Fernando. On March 17, 1999, this Court, in its Resolution [6] denied with finality the MR filed by respondent. Then, on December 20, 2000, the PARAB issued its Decision, [7] in connection with the second petition of respondent, granting respondent's petition and ordered as follows: WHEREFORE, judgment is hereby rendered in favor of the [respondent] and against [petitioner] and order is hereby issued: 1. ORDERING [petitioner] and other persons acting in her behalf to vacate the landholdings in question, subject of this present litigation; 2. ORDERING the cancellation of Emancipation Patent Nos. 445829 and 445830; 3. DIRECTING the DAR officers and personnel concerned to re-allocate the subject landholdings in favor of qualified farmer­ beneficiaries in accordance with its existing DAR laws, rules and regulations on the matter. No pronouncement as to costs. SO ORDERED.