LEGAL AFFAIRS OFFICE

PRELIMINARY CASE REVIEW

To

HEIRS OF MONSERRAT B. DELA CRUZ and

ANTONIO

DELA

CRUZ

Represented

by:

BENJAMIN B. DELA CRUZ

Bontao-Fortich

Streets,

Malaybalay

City,

Bukidnon
THE

PROVINCIAL

AGRARIAN

REFORM

ADJUDICATOR
Malaybalay City, Bukidnon
Case Title :

HEIRS OF MONSERRAT B. DELA CRUZ and

ANTONIO
BENJAMIN

DELA
B.

CRUZ
DELA

Represented
CRUZ,

by:

Petitioners,

-versus- SUSANA A. NAVACILLA, VICENTE K.

DAIGAN, RICARDO T. MIASCO, FELIX A.
MALINAO, TIBURCIO E. TIMARIO, CARLITO
A.

MALINAO,

RAFANAN

and

SPOUSES
LUZ

H.

EROLINE
RAFANAN,

C.
JMD

RUBBER AND CATTLE, INC., BENJAMIN S.

MIASCO, CHRISTINE T. LAGUMBAY and the
REGISTER

OF

DEEDS

OF

BUKIDNON,

Respondents.
Case No.

CANC-1002-0003-2014

The following are the results of the preliminary review of the case
conducted by this Office:

Dela Cruz v Navacilla

Page 2 of 6 pages
CANC-1002-0003-2012

FINDINGS

1. The following documents required under the pertinent rules

of this Department were not submitted:
Original copy of the Special Power of Attorney executed
by ROSALINDA DELA CRUZ GUIVENCAN and JOSEPH

B. DELA CRUZ in favor of BENJAMIN B. DELA CRUZ

Disclosure Statement in accordance with Section 8,
Administrative Order (A. O.) No. 6, Series of 2011,
stating:
o Whether or not the petitioner is a party-in-interest or
properly authorized by a party-interest;
o Whether or not the petitioner has commenced and/or
is aware of any other action or proceeding involving
the same land, or portion thereof, or issue in any
court, tribunal, or quasi-judicial agency;
o The status of any pending action or proceeding
involving the same landholding, if applicable; and
o That should the petitioner thereafter learns that a
similar action or proceeding has been filed or is
pending before any court, tribunal, or quasi-judicial
agency, [he/she] undertakes to report that fact within
(5) days therefrom to the DAR Office where the case
for cancellation is pending.

Certified true copies of the EP/CLOA sought to be

cancelled [, specifically:
o OCT No. P-877 bearing Free Patent No. V99434
o TCT No. ET-1918 bearing EP No. A-042253
o TCT No. ET-906 bearing EP No. A-04028
o TCT No. ET-1922 bearing EP No. A-042341
o TCT No. ET-1919 bearing EP No. A-042255
o TCT No. ET-1917 bearing EP No. A-042270

Dela Cruz v Navacilla

Page 3 of 6 pages
CANC-1002-0003-2012

o TCT No. ET-1920 bearing EP No. A-042308

o TCT No. T-120889
o TCT No. T-117592
o TCT No. T-78392
o TCT No. T-80539
o TCT No. T-68931
o TCT No.T-120889
Certified true copy of the final and executory decision
of the Regional Director (RD) dated

pertaining to ALI CASE NO. ARO-1000-0086-2009

Certified true copy of the Certificate of Finality of the
Regional Director (RD) Order dated
pertaining to ALI CASE NO. ARO-1000-0086-2009

Photographs of the Notice posted on the bulletin board

of the Barangay Hall

2. The Provincial Agrarian Reform Adjudicator (PARAD) failed to

submit the Barangay certificate of posting of the required
Notice.
3. The Notices to Comment were not served in accordance with
Section 14, Administrative Order (A.O.) 6, Series of 2011.
DIRECTIVES
1. The Petitioners must submit to this Office the lacking
document[s] stated above within fifteen (15) days from
receipt hereof.
2. The PARAD to submit the photographs of the Notice posted
on the bulletin board of the Barangay Hall within fifteen (15)
days from receipt hereof.

Dela Cruz v Navacilla

Page 4 of 6 pages
CANC-1002-0003-2012

3. The abovementioned Petitioners must submit a signed and

notarized

Disclosure

Statement

and

Special

Power

of

Attorney within fifteen (15) days from receipt hereof.

4. The PARAD must submit the Barangay certificate of posting
of the required Notice within fifteen (15) days from receipt
hereof.
5. The PARAD is hereby required to have the Notice to
Comment served to the abovementioned respondents in
accordance with the pertinent rules.
Failure of the Petitioners to comply with the abovementioned
directives, specifically Directives number 1 and 3, shall be a ground
for the dismissal of the Petition without prejudice.
Let the records of this case be remanded to the PARAD of Bukidnon
to facilitate further reception of documentary evidence and case
build-up in accordance with existing rules and administrative
orders of this Department, and to avoid unnecessary duplication of
documentary evidence.
ORDERED
SO ORDERED.

JUSTIN VINCENT J. LA
CHICA
Assistant Secretary for
Legal Affairs

Dela Cruz v Navacilla

Page 5 of 6 pages
CANC-1002-0003-2012

Date

issued:

__________________________

Note that this is a result of the preliminary review conducted by

this Office on the case. It has yet to assess the merits of the
issues raised.
Copies furnished:
1. HOLLIS C. MONSANTO
Counsel for Petitioner
Corner San Isidro-Sanchez Streets, Malaybalay City, Bukidnon
2. SUSANA A. NAVACILLA
VICENTE K. DAIGAN
RICARDO T. MIASCO
FELIX A. MALINAO
TIBURCIO E. TIMARIO
Laguitas, Malaybalay City, Bukidnon
CARLITO A. MALINAO
SPOUSES EROLINE C. RAFANAN
LUZ H. RAFANAN
BENJAMIN S. MIASCO
CHRISTINE T. LAGUMBAY
Private Respondents
Pimentel St., Malaybalay City
Poblacion, Malaybalay City, Bukidnon
3. FIEL DAMIAN A. DECENA
Counsel for Private Respondents
Caracol Bldg., Capitol Road, Malaybalay City
4. THE REGIONAL DIRECTOR
DAR Regional Office X
Macanhan, Carmen
5. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER
DAR Provincial Office - Bukidnon
G/F, CAP Bldg., Sayre Highway, Malaybalay City, Bukidnon
6. THE REGISTER OF DEEDS
San Victores St., Capitol Compound, Malaybalay City, Bukidnon

Dela Cruz v Navacilla

Page 6 of 6 pages
CANC-1002-0003-2012