IN RE: PETITION FOR CANCELLATION OF TCT NO.

027699-EP NO. A-120492 IN THE NAME OF

JOSE BALINO

ELSIE D. BARTOLOME
Petitioner,
CANC CASE NO. 0204-0001-2012
-versus-

JOSE BALINO,
REGISTER OF DEEDS ISABELA
PROVINCIAL AGRARIAN REFORM
OFFICER OF ISABELA
Respondents.
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RESOLUTION

NATURE OF THE CASE

For consideration before this Office is a Petition for Cancellation of Transfer Certificate
of Title (TCT) No. 027699-EP No. A-120492, covering a parcel of an agricultural land particularly
described as Lot No. 193-L, Psd-2-026642 registered with the Registry of Deeds under the name of
Jose Balino., containing an area of Five Thousand Eight Hundred Thirty Six (5,836) square
meters, more or less, and located at Munoz, Roxas, Isabela.

STATEMENT OF FACTS

Petitioner averred that she is a registered owner of a parcel land situated at Munoz, Roxas,
Isabela, containing an area of 4.0000 hectares, more or less, as evidenced by Transfer Certificate of
Title (TCT) No. T-281523 of Isabela. She also claims that without her knowledge and express
written consent, her property was brought forth under the Operation Land Transfer program of the
government. Further, according to the petitioner, the subject property is a small landholding
which is not a proper subject Operation Land Transfer. Consequently, the generation of Transfer
Certificate of Title No. 027699 and EP A-120492 over an area of 0.5836 hectare portion of
petitioner’s property in the name of respondent Jose Balino is illegal.

A perusal of the petitioner’s title under TCT No. T-281523 would suggest that she only
acquired the said property in the year 1998. . Apparently, herein petitioner had wondered why the
land in issue was placed under OLT coverage as he never made any offer to have it subjected under
agrarian reform program.
 However, the records of the case, including the MARO investigation report, reveals that the
Transfer Certificate of Title (TCT) No. T-281523 in the name of the petitioner was derived from
Transfer Certificate of Title T-22678 which, in turn, originated from Original Certificate of Title
No. I-4941 under the name of Isauro Requito. Records further revealed that the property covered
by Original Certificate of Title No. I-4941 have been identified under Presidentia Decree No. 27
(Operation Land Transfer) and Emancipation Patents have been generated in favor of qualified
farmer beneficiaries which includes the herein respondent Jose Balino. Eleven (11) years
thereafter, herein petitioner acquired the land described under TCT No. T-281523 after which,
began questioning the propriety of the coverage of the same under OLT.
Investigation Report of MARO Claudio Rivera also disclosed that respondent has been in
actual and continuous possession and cultivation of his awarded landholding since 1960 up to the
present. On the other hand, petitioner have never been in actual possession and cultivation of the
subject property. As a matter of fact, petitioner is not a resident of the place where the property is
located, instead, petitioner is a green card holder of the United State of America and presently
residing therein.

ISSUE:

Whether or not the petitioner’s acquisition of the subject property is valid which warrants
the cancellation of previously issued Emancipation Patent title in the name of the respondent.

LAW RULES AND REGULATIONS

R.A 6657-AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM

PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION,
PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER
PURPOSES

Section 6. Retention Limits. — Except as otherwise provided in this Act, no person may own or
retain, directly or indirectly, any public or private agricultural land, the size of which shall vary
according to factors governing a viable family-size farm, such as commodity produced, terrain,
infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council
(PARC) created hereunder, but in no case shall retention by the landowner exceed five (5)
hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the
following qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually
tilling the land or directly managing the farm: provided, that landowners whose lands have been
covered by Presidential Decree No. 27 shall be allowed to keep the areas originally retained by
them thereunder: provided, further, that original homestead grantees or their direct compulsory
heirs who still own the original homestead at the time of the approval of this Act shall retain the
same areas as long as they continue to cultivate said homestead.

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In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval
of this Act shall be respected.

Upon the effectivity of this Act, any sale, disposition, lease, management, contract or
transfer of possession of private lands executed by the original landowner in violation of
the Act shall be null and void: provided, however, that those executed prior to this Act shall
be valid only when registered with the Register of Deeds within a period of three (3)
months after the effectivity of this Act. Thereafter, all Registers of Deeds shall inform the
Department of Agrarian Reform (DAR) within thirty (30) days of any transaction involving
agricultural lands in excess of five (5) hectares. (Emphasis supplied)

DISCUSSION

It bears emphasis herewith that the transfer made in favor of herein petitioner over
portion of Lot. 193, PLS 15 originally in the name of Isauro Requito afterr its coverage under
OLT is in gross violation of the agrarian reform laws, and its Implementing rules and
regulations.

Relevant herewith is the provision of Section 6 of Republic Act (RA) No. 6657, as
amended which states in part:

Any sale, disposition, lease, management contract of transfer of possession of

private lands executed by the original landowner in violation of this Act shall be
null and void: Provided, however, that those executed prior to this Act shall be
valid only when registered with the Register of Deeds within the period of three
(3) months after the effectivity of this Act.

Consequently, the Department is not bound by the transaction entered into by herein
petitioners in the acquisition of the land described under TCT No. T-281523 and could not, in a
way, recognized the personality of herein petitioners in instituting the instant petition. Thus, the
previous coverage of the subject landholding under agrarian reform program stands valid and
cannot be undermined by subsequent transfer of the disputed portion in the name of the
petitioner as such conveyance is proscribed by our laws as illegal transaction.

WHEREFORE, premises considered, ORDER is hereby issued DENYING the instant

petition for lack of merit.

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