G.R. No. 198751 - FLOR CAÑAS-MANUEL, VS. ANDRES D. EGANO.

Ruling

WHEREFORE, premises considered, the Petition for Nullification of Coverage under CARP of the portion of lot 3595, situated in Brgy. Palarao, Leyte, Leyte, and Disqualification of its identified Farmer-Beneficiary filed by petitioners ( referring to the respondent and his wife ) is hereby GRANTED and Order is hereby issued; 1. DECLARING the award in favor of Flor Cañas Manuel and Salome Dellera Cañas of the farmlot embraced by CLOA No. 00091138 null and void ab initio; 2. DIRECTING the Operations Division of DARPO, Leyte, to conduct delineation survey to determine the specific area actually owned and cultivated by the herein petitioners and coordinate with the Bureau of Lands for the correction of the name of farmer-beneficiary in its approved subdivision plan; 3. ORDERING the MARO, DAR Municipal Office of Leyte, Leyte, to identify and document petitioners as the rightful farmer beneficiaries of such portion, subject of this petition; 4. ORDERING the Petitioners to coordinate with the Legal Division of DARPO, Leyte to file the proper petition with the Adjudication Board for the Cancellation of CLOA No. 00091138. " [6] (emphasis supplied) The petitioner moved to reconsider Dir. Morales's order but her motion was denied. [7] The October 28, 2004 order of Dir. Morales later became final and executory as no appeal was filed within the remainder of the fifteen (15)-day filing period. [8] Pursuant to Dir. Morales's order to coordinate his case with the Legal Division of the Department of Agrarian Reform Provincial Office ( DARPO ) Leyte, the respondent, on January 24, 2005, filed a "Petition for Cancellation of CLOA No. 00091138" with the Department of Agrarian Reform Adjudication Board ( DARAB )-Region VIII. This was docketed as DARAB Case No. R-0800-0042-05. In a decision [9] dated February 16, 2006, Provincial Agrarian Reform Adjudicator (PARAD) Wilfredo M. Navarra ordered the cancellation of CLOA No. 00091138 and its corresponding Original Certificate of Title (OCT) No. 3324 based on Dir. Morales's October 28, 2004 order. The petitioner moved to reconsider PARAD Navarra's decision but her motion was denied in a resolution [10] dated May 8, 2006. The petitioner filed an appeal with the DARAB Central Office in Diliman, Quezon City. This was docketed as DARAB Case No. 14579. In a decision [11] dated May 29, 2007, the DARAB dismissed the petitioner's appeal, in this wise: "The appeal is without merit. The cancellation of CLOA No. 00091138 under Original Certificate of Title No. 3324 was an offshoot of the Decision dated October 28, 2004, rendered by the Regional Director of Region VIII , in the case entitled "In Re: Petition for Nullification of Coverage and Disqualification of Farmer-Beneficiary," filed by petitioner ( referring to the present respondent ). As correctly stated by the Adjudicator a quo: Thus, the declaration of Dir. Tiburcio A. Morales, Jr., regarding the disqualification of Flor Manuel Cañas and Salome D. Cañas as farmer-beneficiaries,