Hon.

___________________
Regional Director
DENR
Regional Office
Ilocos Norte

VERIFIED PROTEST

Dear Dir.___________

G R E E T I N G S!

This has reference to Free Patent Application No. 012816-259-B under

the name of Mauricio D. Cacho, subject matter of which is a parcel of land
located at Suba, Paoay, Ilocos Norte and more particularly described as follows:

“XXX”

The Tourism Infrastructure and Enterprise Authority (TIEZA) is an

attached body corporate of the Department of Tourism created by virtue of
Republic Act 9593 otherwise known as the Tourism Act of 2009 with office
address at 6th and 7th floors, Tower 1, Double Dragon Plaza, Macapagal Avenue
corner Edsa Extension Bay Area, Pasay City 1308. Section 64 of R.A. 9593
provides for TIEZA’s mandate:

“xxx SECTION 64. Mandate. – The TIEZA shall be a body

corporate which shall designate, regulate and
supervise the TEZs established under this Act, as well
as develop, manage and supervise tourism
infrastructure projects in the country. xxx

xxx In addition to its mandate to regulate and

supervise TEZs, the TIEZA shall likewise be deemed a
government infrastructure corporation under the
provisions of Executive Order No. 292, otherwise
known as the Administrative Code of 1987 xxx”

Acting on such mandate, TIEZA, through its Board of Directors, entered

into several contracts pursuant to Section 69 of R.A. 9593:

“xxx General Powers and Functions of the TIEZA Board.

– The TIEZA Board shall have the general powers of a
corporation as provided under the Corporation Code.
Furthermore, it shall also have the following powers:
xxx

xxx (c) Enter into, make, perform and carry out

contracts of every class, kind and description which
are necessary or incidental to the realization of its
purposes with any person, firm or corporation, private
or public, and with foreign government entities; xxx”
 On January 1, 19xx, TIEZA, through its Board of Directors, entered into a
Contract of Sale with Mr. Ven V. Vendor, subject matter of which is a parcel of
land located at Suba, Paoay, Ilocos Norte and more particularly described as
follows:

“XXX”

Annexed herewith is a certified true copy of the said Deed of Sale which
was duly registered with the Registry of Deeds of Laoag, Ilocos Norte. Further
annexed hereafter are certified true copies of Tax Declarations evidencing
TIEZA’s real estate taxes payments.

Acting on a previous request for the administrative titling through

Special Patent of the properties owned by TIEZA situated at Barangay Suba,
Paoay, Ilocos Norte, a technical working group (TWG) was created by virtue of
DENR-1 Special Order No. 2017 for the purpose of determining whether the
said lots can be applied for Special Patent. On November 18, 2017, the TWG
submitted their report to the PENR Officer, Ilocos Norte. The crux of the said
report is that out of 146 lots submitted by TIEZA for assessment only 10 lots
can be applied for a Special Patent, excluding the parcel of land subject matter
of this formal protest. The rest, including the parcel of land subject matter of
this formal protest, cannot be accepted for purposes of Special Patent due to
several reasons, of which is that the subject lot is covered by a pending public
land application in the name of another person and/or entity such as the case
on abovementioned Free Patent Application.

Thus, TIEZA asserts its ownership over the subject property and hereby
formally signifies its protest to Free Patent Application No. 012816-259-B.

Section 44 Chapter VII (Free Patents) of the Public Land Act provides
that “(a)ny natural-born citizen of the Philippines who is not the owner of more
than twelve (12) hectares and who, for at least thirty (3) years prior to the
effectivity of this amendatory Act, has continuously occupied and cultivated,
either by himself or through his predecessors-in-interest a tract or tracts of
agricultural public lands subject to disposition, who shall have paid the real
estate tax thereon while the same has not been occupied by any person shall be
entitled xxx to have a free patent issued to him for such tract or tracts of such
land not to exceed twelve (12) hectares.”