Republic of the

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Regional Office No. 02, Region
# 14 Dalan na Pagayaya cor. Angicacua,
Carig Sur, Tuguegarao City, 3500
TeleFax. No.: (078) 304-8049; Tel: (078) 304-0768
* E-mail: ;

HEIRS OF ANASTACIO CARINO,

Represented
by:
FERNANDO
CARINO
And ERNAN CARINO,
Protestants,

A parcel of lot Psu-af-02-001761

Casambalangan,
Sta.
Ana,
Cagayan

-versusADOLF CARINO,
Respondent.
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ORDER
This resolves the Motion to Dismiss incorporated in the Answer filed by
the respondent through counsel, based on the following grounds by way of
special and affirmative defenses:

1. The herein respondent has been in possession of the subject

property since 1984 until 2011, when he went to the United States
of America;
a. From 1984 to 1990, the respondent stayed in the subject lot
when he was engage in the logging industry, wherein he used
the said lot for such business purposes and
b. From 1991 to 2011, the respondent used the subject lot for
some other legitimate business purposes such as band saw,
acetylene refilling station, and parking area for trucks used in
hauling armor rocks and boulders for the breakwater project
in Port Irene, Casambalangan, Sta. Ana, Cagayan.
2. The possession of the protestant in the subject property was by
mere tolerance of the respondent;
3. The protest fails to allege sufficient cause of action. The respondent
have a valid title to and right of possession over the subject lot
considering that they have acquired the property in good faith; and
4. The instant protest suffers the vice of prematurity for the reason
that there is an on-going confrontation proceeding before the Office
of the CENRO involving the same parties and the same property.
It appears that the protest was anchored on the protestants claim that
they are the actual occupants of the subject lot to the exclusion of all others

since time immemorial tacking their possession from their predecessors-ininterest.

In the interest of justice and fairness, and in order to thresh out the
truthfulness and the veracity of all the allegations of the contending parties a
conduct of an investigation necessary in this case. It is in the conduct of an
investigation wherein a systematic inquiry is being made to ascertain all
relevant facts in order to arrive at a proper decision, all in the observance of
due process. In here, we could not just immediately arrive at a conclusion on
whose averments between the parties deserve much credence without
conducting an investigation.
We must be minded that both parties claimed to be the actual
occupants of the disputed lot. Hence, an ocular inspection which is an
indispensable part of the investigation is very essential for the determination
of who between the contending parties is the rightful possessor of the lot in
controversy.
This office finds no valid and legal ground to dismiss the instant protest
immediately without conducting an investigation. To do so will surely amount
to violation of due process.
WHEREFORE, premises considered, finding the foregoing Motion to
Dismiss incorporated in the respondents Answer unmeritorious, baseless
and unfounded, the same is hereby ordered DENIED. Let the entire records
of the case be REMANDED to the Claims and Conflict Section for the
continuance of investigation in accordance with the existing rules and
regulations.
SO ORDERED.
Tuguegarao City, Cagayan.
BENJAMIN TUMALIUAN, CESO II
Regional Director

Copy furnished:
1. Atty. Eliseo C. Alibania, Jr.
Gonzaga, Cagayan
2. Adolf Carino
Paradise, Gonzaga, Cagayan
3. Fernando Carino and Ernan Carino
Casambalangan, Sta. Ana, Cagayan
4. File