HEIRS OF PATRICIO ASUNCION, NAMELY, EMILIANA, CONRADO, ROSALINA AND HERMINIA, ALL SURNAMED ASUNCION, REPRESENTED BY EMILIANA FLORO ASUNCION, PHIL-VILLE DEVELOPMENT HOUSING CORPORATION, MOLDEX PRODUCTS, INC., REPRESENTED BY JACINTO T. UY, AND SPEED MIX, INC., REPRESENTED BY WINIFRED G. GOB, VS. EMILI

Ruling

Accordingly, the original title was cancelled and new titles were issued under Phil-Ville's name, specifically, Transfer Certificate of Title (TCT) Nos. T-39.627(M) and 39.629 (M). Respondent complained that the sale was illegal as the landholding was already covered by the OLT program in clear violation of the provisions of P.D. No. 27 and Executive Order (E.O.) No. 228. Furthermore, the landholding was sold without prior DAR clearance. Thereafter, Phil-Ville sold the same land to Moldex Products Incorporated (Moldex) despite the defective titles. A new set of titles was issued to Moldex identified as TCT Nos. 93586 and 93.587. Moldex, then, sold portions of the land to Speed Mix, Incorporated (Speed Mix) , which proceeded to fence and cement the area preventing respondent from entering the property. Speed Mix later constructed a building on that portion of the land. On February 22, 1996, the PARAD rendered its decision [7] dismissing the complaint for lack of merit. It ruled that because respondent's mother, Remedios Raymundo (Remedios) , voluntarily surrendered her tenancy rights over the landholding in question, all her rights and interests therein were extinguished binding even her successors-in-interest. According to the PARAD, the voluntary surrender of their tenancy right was even corroborated by the respondent himself when he executed his Sinumpaang Salaysay , [8] dated June 19, 1989, confirming the supposed relinquishment of their tenancy. Thus, the PARAD held that respondent was already estopped in raising the issue because he already slept on his right. Aggrieved, respondent appealed the said decision to the DARAB. On November 10, 2003, the DARAB reversed the PARAD's decision. The decretal portion of the DARAB decision reads: WHEREFORE, premises considered, the decision appealed from is hereby REVERSED'and SET ASIDE. A new judgment is hereby rendered: 1. Declaring the Deed of Conveyance and Voluntary Surrender in November 1979 executed by Remedios Raymundo in favor of Patricio Asuncion and the 'Sinumpaang Salaysay' dated June 19,1989 executed by Plaintiff-Appellant as null and void; 2. Directing Defendants-Appellees, their agents and representatives, to peacefully restore Plaintiff-Appellant on the subject landholding; 3. Directing the Municipal Agrarian Reform Officer (MARO) of Meycauyan, Bulacan and/or Provincial Agrarian Reform Officer (PARO) of the Province of Bulacan not to cancel the CLT issued in favor of Plaintiff-Appellant; and 4. Directing the same MARO and/or PARO to generate an Emancipation Patent covering the landholding in favor of Plaintiff- Appellant. SO ORDERED.