Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

OFFICE OF THE SECRETARY
Elliptical Road, Diliman, Quezon City

INRE: PETITION FOR CANCELLATION CANC-0206-0043-2013

OF TCT-NO. CLOA-10556 For Cancellation of TCT No.
INVOLVING A PARCEL OF LAND CLOA-10556
CONTAINING AN AREA OF 5,000
SQUARE METERS, MORE OR
LESS OF THE LAND RECORDS OF
NUEVA VIZCAYA.

FRACISCO ABALUS,
Petitioner,

-versus-

FARMER-BENEFICIARY MARIA
VICTORIA VALDEZ, PARO II
JOSELITO O. GARCIA and the
REGISTER OF DEEDS OF NUEVA
VIZCAYA,

Respondents.
x------------------------------------------x

COMMENT

Respondent Joselito O. Garcia, through the undersigned counsel unto the Office

of the Honorable Secretary of the Department of Agrarian Reform respectfully submits

his comment on the above-entitled case, to wit;

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1. That all the allegations in the petition are hereby admitted;

RATIONALE FOR ADMITTING ALL THE ALLEGATIONS:

2. Prior to the enactment of A. O. 06, Series of 2011, herein instant petition

for cancellation involving the said land was previously documented by

the Office of the Legal Division DARPO Nueva Vizcaya for Land Transfer

Action (LTA);

3. Herein petitioner was previously recommended as re-allocatee over the

subject landholding in the said LTA documentation. Consequently, as

alleged in the petition, an order was issued declaring the land vacant and

at the same time directing herein petitioner to initiate the filing of petition

for cancellation over the subject landholding and at the same time

ordering the disqualification of former farmer-beneficiary MARIA

VICTORIA VALDEZ to become as such in the near future;

4. However, with the enactment of A. O. 06, Series of 2011, the Office is now

mandated by the said A. O. to defend the indefeasibility of all titles issued

by Department of Agrarian Reform in accordance with agrarian reform

laws;

5. Since we already recommended the cancellation of title over the subject

landholding as an incident to the re-allocation of said land to herein

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 petitioner, we hereby concur to the petition for cancellation of the subject

landholding.

WHEREFORE, premises considered, It is most respectfully prayed of the

Honorable Secretary of the Department of Agrarian Reform to grant the herein petition

for cancellation; other relief just and equitable under the premises are likewise prayed

for.

DAR Provincial Office, Bayombong, Nueva Vizcaya, this 18th day February 2013.

BUREAU OF AGRARIAN LEGAL ASSISTANCE

Department of Agrarian Reform
Province of Nueva Vizcaya

By:

ATTY. JOURNALYN S. BUMAGAT-NACPIL

OIC-CHIEF, LEGAL DIVISION
Roll No. 58493
IBP NO. 921328-2/15/2013
PTR. NO. 0046303
MCLE Compliance No. IV-0003173

SOCRATES VICTORINO C. SARMIENTO

Attorney I

VERIFICATION

Undersigned, after having been duly sworn to in accordance with law do hereby
states:

1. That I am the Respondent in the above- entitled case;

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 2. That I have caused the foregoing Comment be prepared, read and knows
the contents thereof;

3. That all the allegations stated therein are true and correct to the best of my
personal knowledge and belief;
4. That no cancellation proceeding or action is pending in the Supreme
Court, the Court of Appeals, or any other Court in the Philippines,
Tribunal or agency involving the same issues and parties;

5. That if I thereafter learn that a similar action or cancellation proceeding

has been filed or is pending in the Supreme Court, the Court of Appeals,
or any other Court in the Philippines, Tribunal or agency, I shall
undertake to report that fact to this Honorable office within five (5) days
there from.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 18th day of

February 2013 at Bayombong, Nueva Vizcaya Philippines.

JOSELITO O. GARCIA, CESO IV

Affiant
GSIS UMID NO. 006-0051-1887-8

SUBSCRIBED AND SWORN to before me at Bayombong, Nueva Vizcaya this

___ th day of February 2013.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2013.