G.R. No. 198160 - VICTORIA P. CABRAL, VS. GREGORIA ADOLFO, GREGORIO LAZARO AND HEIRS OF ELIAS POLICARPIO.DECISION - Supreme Court E-Library

Ruling

Accordingly, on April 25, 1988, EPs were issued covering portions of Lot 4, and the corresponding TCTs were subsequently issued in favor of the respondents. [8] To these issuances, Cabral initiated a petition for the cancellation of the said EPs and TCTs against the respondents before the PARAD of Bulacan docketed as Case No. R-03-0242-03. [9] In her petition, Cabral argued that: (1) the EPs covered non-agricultural lands which were outside the coverage of the OLT program; (2) the EPs were issued without due notice and hearing; and (3) no Certificates of Land Transfer (CLTs) were previously issued over Lot 4. Respondents Adolfo and Lazaro moved to dismiss the petition on the grounds of lack of jurisdiction, lack of personality to sue, and prescription; [10] however, it was denied. The respondents then filed a petition for certiorari and prohibition before the CA but it was dismissed for their failure to exhaust administrative remedies. [11] On June 18, 2004, the PARAD rendered its Decision [12] cancelling the EPs of the respondents and ordering the RD of Meycauayan, Bulacan, to revive Cabral's OCT No. 0-1670, to wit: WHEREFORE, premises considered, judgment is hereby rendered, as follows: Ordering the [RD] of Bulacan to cancel the EP Titles issued to the private respondents, as follows: FLORENCIO ADOLFO-TCT No. EP-003, FLORENCIO ADOLFO-TCT No. EP-004, GREGORIA ADOLFO-TCT No. EP-005, GREGORIA ADOLFO-TCT No. EP-006, GREGORIO LAZARO-TCT No. EP-007, GREGORIO LAZARO-TCT No. EP-008, ELIAS POLICARPIO-TCT No. EP-010, ELIAS POLICARPIO-TCT No. EP-009; Ordering the private respondents and all persons claiming rights and interest under them to vacate the landholdings under their respective possessions and surrender the same to [Cabral]; Ordering the [RD] of Bulacan to [revive] OCT No. 0-220-(M) (Formerly OCT No. 0-1670) registered under the name of [Cabral], insofar as Lot 4 thereof is concerned. SO ORDERED.