MEMORANDUM

FOR The OIC- Director, Legal Service

FROM The Investigating Team

SUBJECT DE RCa e No. 9738 entitled "Leoncia Tanquion, Appellant

versus Mercedita C. Abao, Appellee."

DATE August 29, 2017

INVESTIGATION REPORT

Pursuant to the Memorandum, dated August 1, 2017 of the OIC, Undersecretary

for Legal Affairs to conduct an investigation and ocular inspection relative to the
above-entitled case, the Inve tigating Team conducted the preliminary conference at 9:
00 A.M. on Augu t 16, 2017 at the Office of PE R Officer, Bukidnon, Malaybalay City,
wherein both parties attended the said conference.

The parties clarified orne is ues relative to the appeal, with Appellee asking
why there was an appeal or why it wa entertained. Appellant's son, on the other hand,
in isted that they are in actual occupation of the contested lot.

After the conference, the Team proceeded to the area in question located at Brgy.
Poblacion, Cabanglasan, Bukidnon.

In the ocular in pection, the Appellant and Appellee were directed to pinpoint
the boundaries and their improvements they had introduced within the area.

FINDINGS AND OBSERVATIONS:

1. Records reveal that the lot in dispute is identified as Lot o . ..f93, Cad 982-D
ituated at Poblacion, Cabanglasan. Bukidnon containing an area of 1,306
quare meter and there is no listed survey claimant of the same. The
cadastral survey of the subject lot was conducted on May 22, 1989 and wa
approved on December 6,1990;

2. That on July 5, 200..f, Appellant Leoncia Tanquion applied for a free Patent
Application No. 101322-12H, covering Lot o . ..f93, Cad 982-0 and was
protested on November 26, 200..f by Appellee Mercedita Abao:

3. It was verified and ascertained that the area in question is in actual

posses ion and cultivation of Appellant Leoncia Tanquion, enclosed by a
fence made of barbed wire, fully planted with palay by the caretaker of
Appellant Tanquion named Pedro M. Caplaya, who tarred cultivating the
subject lot since 1986 up to the present;

..f. That the area in dispute is declared for taxation in the name of Appellant
Leoncia Tanquion in 197..f, under T.D. 0.08187 ( ew) up to 2016 under lD.
 o. 02-02-1810 and paid the real property tax thereon since 1980 under Tax
Receipt o. 8358 ..nS dated June 2.J, 1980, until 2016 under Tax Receipt o.
66S4·B8, dated May 5, 2016;

5. Appellee Mercedita Abao is neither occupying or cultivating the disputed lot,

ha not declared the ame for taxation purpo es, neither paid any real
property tax thereon. She reiterated her allegation that she acquired the one
half portion of the disputed lot in 1992 when she bought the rights of Nimrod
Batac who wa the alleged claimant of the subj ct lot. The Team found out
that Nimrod Batac is not the listed urvey claimant in the cadastral survey of
DE R over the disputed lot, nor did he declare the lot for taxation purposes.
Hence, not being the claimant, much more the owner of the subject lot, he
cannot validly transfer hi rights to Appellee Abao;

6. The tax declaration and tax receipt pre ented by the Appellant to thi Office
are trong evidence of ownership of the lot in dispute because it was
accompanied by her actual occupation and posse ion of the ame. (l lcirs of
Placido Miranda vs. CA. 255 SCRA 368) Having been establi hed that the
Appellant i in actual occupation and possession of the ubject lot in 1971 up
to the present, declared the same for taxation purposes in her name and paid
the corresponding real property taxe thereon since 197-1 to the present, she
should be accorded preferential right to acquire the arne. It is a policy in the
disposition of public land to give priority to the actual occupant thereof.
(Pa cual vs. Director of Land 14 SCRA 25-1)

RECOMMENDATION:

The Investigating Team respectfully recommend that the Appeal of

Leoncia Tanquion be granted and the Dcci ion dated September 15, 2006 and
Resolution, dated December 28, 2015, respectively, rendered by the RED, DEN R..
Region X, Cagayan de Oro City be SET-ASIDE.

The disputed lot is recommended to be awarded to Appellant Leoncia

Tanquion who is the actual occupant in the concept of an owner since 1971 and
has been paying the real property tax therein up to the present.

ATTY. RICKY A. ARZADON

E. A. HI. JOEY L. SALAMANIA 5.1. II EDGAR N. HIGOY