Republic of the Philippines

Department of Environment and Natural Resources

OFFICE OF THE REGIONAL DIRECTOR
Regional Office No. VIII, Tacloban City

GORGONIA PIAMONTE DENR Land Case No. _______

Claimant-Protestant, CENRO Claim No. 252
Lot No. 1988, Cad. 706-D
-versus- Brgy. Mancares, Tarangnan, Samar

F.P.A. No. (NRD-VIII-4) 336

HRS. OF PETRONA DOGEÑA
Rep. by Illuminada Ibalarosa
Applicant-Respondent.
x-----------------------------------/

DECISION
This is a protest filed on March 1, 1997 by Gorgonia
Piamonte against the Free Patent Application No. 336 of Heirs
of Petrona Dogeña represented by Illuminada Ibalarosa covering
Lot No. 1988, Cad. 706-D located at Brgy. Mancares,
Tarangnan, Samar, alleging in substance that the land was
purchased by her father Primitivo Piamonte thru extrajudicial
settlement and adjudication and deed of sale. The land in
question is an agricultural land which contains an area of 94,
819 square meters.

On March 16, 1994, the PENR Officer of Samar Rufino C.

Durado issued an order of investigation requiring CENRO
Catbalogan to conduct necessary investigation of the above
entitled case. Pre-trial of the case with notice to the parties were
conducted by designated Special Land Investigator Mauricio del
Rosario on June 20, 1994. In the pre-trial conference both
parties did not arrived into an amicable settlement, hence, both
parties thru counsel agreed to submit respective position
papers/memorandum.

On August 26, 1994, an ocular inspection was conducted

together with the party litigants on the land in question. In the
inspection, it was found out that the Northern portion is
actually occupied by the applicant-respondent planted with
coconut and banana.

In support of the claim of applicant-respondent, she

alleged that the claimant-protestant Gorgonia Piamonte as
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successor-in-interest of Primitivo Urbano, her father who was
able to acquire the land in question by Sale Verification from
the Office of the Provincial Assessor of Samar, indicates that the
document showing such alleged sale is Extrajudicial Settlement
and Adjudication and Deed of Sale dated January 11, 1965.
Apparently, the sale and documents was made and executed by
Conchita, Luciano, Felisa and Bartolome all surnamed
Lomintigar in a representative capacity. They represented
Francisco, Adriano, Enaclita and Jose, respectively, all
surnamed Lomintigar who are children of Elino Lomintigar, the
husband of Petrona Dogeña from his previous marriage.

The land is owned by Petrona Dogeña, being her

paraphernal property. Petrona and Elino Lomintigar, a widower
lived together as husband and wife for a given period without
the benefit of a valid marriage and bear no children.

The applicant-respondent argued that the Extrajudicial

Settlement and Adjudication and Deed of Sale was void ab initio
as it was made and executed by persons who were not owner of
the land or at least who did not have any legal interest over the
land in question. The four, Francisco, Adriano, Enacleta and
Jose Lomintigar were not legal or compulsory heirs of Petrona
Dogeña, rather they are only her step children being children of
Elino Lomintigar by previous marriage. Consequently, the
Extrajudicial Settlement and Adjudication and Deed of Sale
transferred no right and interest to Primitivo Urbano as “no one
can sell what he does not have”.

In executing the Extrajudicial Settlement and Adjudication

and Deed of Sale, the heirs-vendors (Francisco, Enacleta,
Adriano and Jose) were made to appear by those who
represented them in the documents that they were the children
of the original owner Petrona Dogeña even if they were not her
children and in the process fraud was committed.

The claimant-protestant, who is the daughter of the

vendee, Primitivo Urbano, is contesting the application. She is
claiming, the land on the basis of the fraudulent document. Bu
fraud is disfavored by law. It is a well-settled rule that the
registration of title is not intended to commit fraud but rather
designated to use the door against fraud. The land in question
must be protested against the fraudulent claim of the claimant-
protestant, and this can be done by way of dismissing the
protest and issuing the corresponding title as may be warranted
by the application.

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 The ownership of the land by Petrona Dogeña is admitted.
The Extrajudicial Settlement and Adjudication and Deed of Sale
confirm this. Thus, it says: “whereas, Petrona Dogeña during
her lifetime was an owner of several parcels of land located at
Sitio Bari-is, Mancares, Tarangnan, Samar, as evidenced by the
following tax declaration: Tax Declaration No. 9928 in her name
and paid the realty taxes thereon since 1949.

The claimant-protestant filed a case on February 1, 1988

against the applicant and others with the Regional Trial Court,
Branch 31, Calbayog City docketed as Civil Case No. 284,
entitled: “Gorgonia Urbano Piamonte, et al. vs. Illuminada
Ibalarosa (applicant), et al., for ownership, possession and
damages”. However, on Novemner 15, 1991 the case was
dismissed by Judge Rosales on the ground of the existence of
the protest of the case with CENRO Catbalogan.

The subject area is over nine (9) heactares. About two (2)
hectares in the northern portion is illegally occupied by the
claimant-protestant and the rest is occupied by the applicant.
The former enriches herself at the expense of the original owner
Petrona Dogeña which is already planted with coconut, bamboo
and nipa.

Petrona Dogeña is already dead, she a sister Valentina,

who died single and brothers Felix, who also died single. Mateo,
died without issue, and Hilario who had four (4) children, one
(1) son and three (3) daughters, namely: Casimero, Paulina,
Gorgonia and Petra, all deceased. Paulina had seven (7)
children, one of whom is the applicant Illuminada Ibalarosa,
who filed the free patent application on July 26, 1986.

On the part of claimant-protestant, Gorgonia Piamonte,

she argued that applicant Illuminada Ibalarosa, though a
distant relative of the owner Petrona Dogeña is not among the
compulsory heirs of the owner. Several years after the death of
Petrona Dogeña, the property was inherited by her children with
Elino Lomintigar, namely: Francisco, Enacleta, Adriano and
Jose, all surnamed Lomintigar. After the death of these four
children, the property was inherited by Conchita, Felisa,
Luciano and Bartolome, all surnamed Lomintigar who survived
and represented their predecessors-in-interest.

On January 11, 1965, Conchita, Felisa, Luciano and

Bartolome, all surnamed Lomintigar, executed an Extrajudicial
Settlement Adjudication and Deed of Sale, the sale being
executed for and in consideration of P300.00 in favor of
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Primitivo Urbano, the father of Gorgonia Piamonte, the herein
claimant-protestant.

During the lifetime of Petrona Dogeña the property above-

described was declared for taxation purposes in her name under
LTD No. 6311 which was cancelled by LTD No. 9928. One year
after Primitivo Urbano purchased the above-described property
in 1966 and declared the same for taxation purposes in his own
name under LTD No. 16139 which canceled LTD No. 9928, then
cancelled by LTD No. 16614 and 16142, then cancelled by LTD
No. 17081, then cancelled by LTD No. 2745, then cancelled by
LTD No. 2380, then cancelled by LTD No. 2144, then cancelled
by LTD No. 3831.

The real property taxes of the aforesaid property were

religiously paid by the herein claimant-protestant and her
predecessor-in-interest for a long period of time and tacking the
possession and ownership of the latter to that of the former,
claimant-protestant has possessed the property in concepto
dueno for a period of more than thirty (30) years and her
possession in open, adverse, continuous, public and
uninterrupted.

During the lifetime of Primitivo Urbano he exercised the

rights of ownership and possession over the property above-
described, introduced improvements thereon by planting
coconut trees, fruit bearing trees and other crops, and already
enjoyed its produce.

After the death of primitive Urbano, the property was

inherited by his compulsory heirs namely: Gorgonia Piamonte
and Jesus Urbano, Jr. and Jenny Urbano. The last two are
nephew and niece of Gorgonia who are living with her under the
parental authority of Gorgonia.

In order to dramatize the claim of applicant-respondent

over the land under protest, she occupied a portion of the land
prompting the herein claimant-protestant to file a civil case for
ownership, possession and damages against Illuminada
Ibalarosa, et al. before RTC Branch 31, Calbayog City docketed
as Civil Case No. 284 but because of the pendency of the
application for title and this protest before CENRO Catbalogan,
said Civil Case was dismissed without prejudice.

Luciano Lomintigar, some of the grandsons of Petrona

Dogeña and other compulsory heirs of Petrona who executed
the Deed of Sale in favor of Primitivo Urbano executed an
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affidavit of Quitclaim/waiver. Per ocular inspection in the area
just conducted recently by the Regional Legal personnel and
Special Investigator of CENRO Catbalogan revealed that the
applicant-respondent, Illuminada Ibalarosa already died
sometime in 1998 per information from claimant-protestant,
Gorgonia Piamonte. These information was confirmed by the
CENRO Special Investigator telling that the eldest child of
applicant-respondent went to his office informing that her
mother already died. Per information gathered, the children of
the respondent has already abandoned the area occupied.

WHEREFORE, IN VIEW OF THE FOREGOING FINDINGS

AND CIRCUMSTANCES, GORGONIA PIAMONTE herein claimant-
protestant, who is in actual possession of the land up to these
point in time in notorious, public and in concept of an owner,
introduced improvements and enjoying the fruits of the land, it
is conclusively presumed that there was misrepresentation of
the applicant-respondent in filing Free Patent Application No.
(NRD VIII-4) 336 on October 1986, hence, DENIAL OR
REJECTION of the free patent application is justified. In view
thereto, allow Gorgonia Piamonte to file free patent application
over lot 1988, Cad. 706-D of Tarangnan Cadastre.

SO ORDERED.

Tacloban City, June 26, 2000.

LEONARDO R. SIBBALUCA, CESO III

Regional Director

Copy furnished:

ILLUMINADA IBALAROSA
Brgy. Mancares, Tarangnan, Samar

GORGONIA PIAMONTE
Brgy. E. Poblacion, Tarangnan, Samar

THE PENR OFFICER

Catbalogan, Samar

THE CENR OFFICER

Catbalogan, Samar

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