G.R. No. 229983 - FARMER-BENEFICIARIES BELONGING TO THE SAMAHANG MAGBUBUKID NG BAGUMBONG, JALAJALA,[*] RIZAL,[**] REPRESENTED BY THEIR PRESIDENT, TORIBIO M. MALABANAN, VS. HEIRS OF JULIANA MARONILLA, REPRESENTED BY ATTY. RAMON M. MARONILLA.

Ruling

Accordingly, EPs over the subject lands were issued by the DAR in favor of the FBs, which were thereafter registered (EP titles) with the Register of Deeds of Rizal (RD-Rizal) between October 24, 1988 and February 22, 1994 that partially cancelled Juliana's titles. [13] On March 13, 1989, Juliana voluntarily offered the subject lands (VOS) for sale to the DAR pursuant to the CARP. [14] The DAR acquired the remaining portions undistributed under PD 27, and issued certificates of land ownership award (CLOAs) in favor of the FBs. [15] The corresponding titles (CLOA titles) were issued in the latter's favor between December 15, 1993 and October 27, 1995, which partially cancelled Juliana's titles. [16] Sometime in March 1996, Juliana passed away. [17] On November 26, 1996, her heirs, herein respondents, represented by Atty. Ramon M. Maronilla (respondents), filed an application for retention [18] of a 60-ha. portion of the subject lands covered by TCT Nos. 164419 and 164420 located in Brgy. Casinsin, Pakil, Laguna. [19] The application was granted in an Order [20] dated December 12, 1997. Petitioners sought the recall/revocation of the said Order insofar as the parcels of land already apportioned to them, but the same was denied in an Order [21] dated August 15, 2008 which, however, reduced the retention area from 60 to 52 has. Petitioners' appeal to the Office of the President (O.P.), docketed as O.P. Case No. 08-K-440, was still pending when the instant petition was filed. [22] Meanwhile, respondents filed an Application for Exemption Clearance from CARP Coverage (exemption case) of a 476.5006-ha. [23] portion of the subject lands on the basis of Department of Justice (DOJ) Opinion No. 44, Series of 1990, [24] as implemented by DAR Administrative Order (AO) No. 6, Series of 1994. [25] They claimed that the lands had been classified as mineral, forest, residential, institutional, commercial or agro-industrial as early as July 11, 1981 in the Land Use Plan (LUP) of the Municipality of Jalajala, and in accordance with Zoning Ordinance No. 17, [26] approved on December 2, 1981 by the Human Settlements Regulatory Commission (HSRC), precursor of the Housing and Land Use Regulatory Board (HLURB), and as such, cannot be considered as agricultural lands within the contemplation of Republic Act No. (RA) 6657 [27] or PD 27. [28] In support of the application, respondents submitted, among others, an HLURB Certification dated May 24, 1996, stating that per the approved LUP of Jalajala, the subject lands are zoned as follows: TCT No. Lot No. PSD No. Area [(Ha.)] Zoning/Land Use 164410 1-A 56828 66.6220 Forest Conservation 164411 1-B 56828 59.1061 Forest Conservation/ Tree/ Diversified Crops 164412 1-C 56828 56.4944 Forest Conservation/ Tree/ Diversified Crops 164413 1-D 56828 66.8885 Forest Conservation/ Diversified Crops 164414 1-E 56828 53.0896 Forest Conservation/ Agro-industrial/ Riceland 164415 1-F 56828 50.2014 Forest Conservation/ Agro-industrial/ Tree/ D