G.R. No. 164846 - STA. MONICA INDUSTRIAL AND DEVELOPMENT CORPORATION, VS. THE DEPARTMENT OF AGRARIAN REFORM REGIONAL DIRECTOR FOR REGION III, PROVINCIAL AGRARIAN REFORM OFFICER OF BULACAN, MUNICIPAL AGRARIAN REFORM OFFICER OF CALUMPIT, BULACAN, AND BASILIO DE GUZMAN.D E C I S I O N - Supreme Court E

Ruling

WHEREFORE, in light of the foregoing analysis and the reasons indicated thereon, an ORDER is hereby issued as follows: PLACING under the coverage of Operation Land Transfer (OLT) pursuant to PD 27/Executive Order No. 228 the landholdings of Asuncion Trinidad with an area of 10.6800 hectares, more or less, located at Iba Este, Calumpit, Bulacan, without prejudice to the exercise of her retention rights if qualified under the law. DIRECTING the MARO of Calumpit, Bulacan and the PARO of Baliuag, Bulacan to cause the generation and issuance of Emancipation Patent in favor of the petitioner and other qualified farmer-beneficiaries over the said landholding in accordance with the actual area of tillages. [10] Trinidad filed a motion for reconsideration but her motion was denied. [11] A year later, petitioner Sta. Monica filed a petition for certiorari and prohibition with the CA assailing the order of the Regional Director. In its petition, Sta. Monica claimed that while it is true that Asuncion Trinidad was the former registered owner of a parcel of land with an area of 83,689 square meters, the said landholding was sold on January 27, 1986. [12] Petitioner was able to acquire 39,547 square meters of the Trinidad property. After the sale, petitioner sought the registration of the portion pertaining to it before the Register of Deeds of the Province of Bulacan. Consequently, a corresponding Transfer Certificate of Title, with No. 301408 (now TCT No. RT 70512) was issued in favor of petitioner. [13] It was asserted that there was a denial of due process of law because it was not furnished a notice of coverage under the CARP law. [14] In his comment on the petition, De Guzman argued that the alleged sale of the landholding is illegal due to the lack of requisite clearance from the DAR. The said clearance is required under P.D. No. 27, [15] the Tenant Emancipation Decree, which prohibits transfer of covered lands except to tenant-beneficiaries. According to De Guzman, since no clearance was sought from, and granted by, the DAR, the sale in favor of petitioner by Trinidad is inexistent and void. Hence, Trinidad remained the owner of the disputed property. CA Disposition On May 26, 2004, the CA rendered a decision dismissing the petition of Sta. Monica, disposing as follows: WHEREFORE, premises considered, the instant petition is hereby DENIED for lack of merit. SO ORDERED.