REMMAN ENTERPRISES, INC., VS. HON. ERNESTO GARILAO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM AND EDUARDO ADRIANO, PABLITO ADRIANO, ET. AL..

Ruling

WHEREFORE, premises considered, and after having found that the instant application lacks merit, Order is hereby issued denying the same and placing the herein properties involving seventeen (17) parcels of land with an aggregate of 46.9180 hectares located at Brgy. San Jose, Dasmariñas, Cavite under CARP coverage. [12] The Order explained that though the deed of sale was submitted, it was not notarized nor registered with the Register of Deeds. Therefore, it is not an official document and does not bind third parties. Hence, DAR still considered the Saulogs as the owners and Remman does not possess personality to file the application. [13] Another reason for the denial is the Certification dated 3 November 1995 of Municipal Agrarian Reform Council Reform Officer Amelia M. Rolle stating that the subject properties were covered by OLT under P.D. 27. Also, the National Irrigation Administration (NIA) certified that the parcels of lands are not irrigated was supplanted by the Report of Arturo Lipio, the SHOPC-DAR Desk Officer of Region IV, stating that the subject landholdings are indeed irrigated. This fact was admitted by Remman in the Information Sheet filed before the SHOPC. [14] Since the landholding is irrigated, the application cannot be processed for conversion pursuant to Administrative Order No. 20, Series of 1992. [15] Remman filed a Motion for Reconsideration [16] on 5 July 1996. On 4 September 1996, Secretary Garilao issued an Order [17] partially granting the prayer of Remman. The coverage of the exemption was ordered reduced to 15.31915 hectares representing the share of Nieves vda. De Saulog. To quote the dispositive portion: PREMISES CONSIDERED, after having gone through all arguments, this Order is hereby issued: Confirming the coverage of the 15.31915 hectare tenanted rice and corn share of Nieves vda. de Saulog under Operation Land Transfer; Granting the retention of the other heirs of 1.39265 hectares of tenanted rice and corn, each, subject to the filing by the applicant of the proper petition in the proper forum; Requiring the Municipal Agrarian Reform Officer to cause the preparation of Contracts of Agricultural Leaseholds between the owners of the lands and the farmer-tenants of the retained areas; Excluding from the coverage of Agrarian Reform the 19.065 hectare land planted to mango by virtue of Section 3(c) of R.A. No. 6657, subject to the payment of disturbance compensation; and Instructing the Regional Director of Region IV and the Provincial Agrarian Reform Officer to cause the proper execution of this Order. [18] The Order explained that the owners, with the exception of Nieves vda. De Saulog, can retain their lands pursuant to the retention limits under P.D. 27. Nieves vda. De Saulog is not allowed by the Letter of Instructions No. 474 [19] to retain her land. Not fully satisfied with the ruling of the Secretary, Remman filed a Petition for Review [20] before the Court of Appeals (CA) for a partial review of the 4 Se