Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

(BUREAU OF LAND MANAGEMENT)
Office of the Regional Director, Region XI
Digos City, Davao del Sur

ANA MARIA B. VIRAN

Protestant,
Lot No. 3344-E
CSD-10610

-versus-

HRS. OF NEMESIA S. TORREJANO

REP. BY: LILIA LOPEZ
Protestee.
x------------------------------------------x

July 11, 2019

STATEMENT OF HOW THE CASE AROSE AND BY VIRTUE OF WHOSE

AUTHORITY INVESTIGATION CONDUCTED

Protestant filed a verified protest on August 23, 2016 on the unnumbered application filed
by Lilia Lopez over a parcel of land identified as Lot No. 3344-E, Csd-10610 located at
Sinawayan, Hagonoy, Davao del Sur containing an area of TWENTY ONE THOUSAND TWO
HUNDRED THIRTY SIX (21,236) SQUARE METERS, more or less. She alleged that the said
parcel of land was already covered in her Application for Free Patent under F.P.A No. 112404-
370 filed on July 11, 2016.

Protestee in this case did not file an Answer to the said protest but instead served a copy
of his answer in Civil Case No. 1386 wherein they alleged that they are the rightful owners of the
property it being their inheritance from their mother Nemesia Torrejano. The land was declared
for taxation purposes in the name of their mother. Sometime in the year 1974, the land was
mortgaged by their father without the consent of their mother to Antonio Viran, Sr. for the
amount of P2,000.00 with a term of 20 years. They are now claiming that the 20 years has
already lapsed hence their rightful claim over the property.

The Provincial Environment and Natural Resources issued an Order of Investigation

dated September 5, 2016 directing LMO-III Larry A. Ambongan of the CENRO-Digos City to
conduct a formal investigation of the case in accordance with Sec.6 & 7 of Lands Administrative
Order No. 6, as supplemented by Lands Office Circular No. 68, Series of 1978 and thereafter
submit a report with comment, observation and recommendation together with the entire record
of this case. This case was referred to herein undersigned who continued the investigation of this
case.

STATEMENT THAT THE NOTICES HAVE BEEN SENT TO THE PARTIES AND
HOW THEY WERE NOTIFIED AND STATEMENT AS TO WHEN AND WHERE
FORMAL INVESTIGATION WAS CONDUCTED

The notices and communication from this office were sent through registered mail and
were received by the parties as evidenced by the Registry Return Receipt. The first conference
was scheduled on June 14, 2017 at 10:00 o’clock in the morning at DENR-CENRO RXI-4A,
Mabini Superhighway, Digos City, Davao del Sur. Whereas the ocular inspection was conducted
on site at Sinayawan, Hagonoy, Davao del Sur on June 30, 2017 and attended by both parties in
this case.
PARTIES APPEARING THEREAT INCLUDING THE COUNSEL REPRESENTING
THEM, IF ANY AND THEIR ADDRESSES

During the Preliminary Conference and the Ocular Inspection, both parties appeared
without appearance from their respective counsels.

Protestant is represented by Atty. Genevieve F. Basilio with office address at G/F Door 3,
Pocot Building, Rizal Avenue, Digos City. On the other hand, protestee is represented by Atty.
Luciano Cameros with office address at Magsaysay St., Zone III, Digos City.

FINDINGS IN THE OCULAR INSPECTION INCLUDING THE DESCRIPTION OF

IMPROVEMENTS AND SKETCH SHOWING THE PORTION OF THE CONTESTANT
AND STATEMENT THAT EFFORTS HAD BEEN EXERTED TO SETTLE THE CASE
AMICABLY

It was found out during the ocular inspection at Barangay Lower Bala, Magsaysay,
Davao del Sur that the land was actually and physically possessed by the protestee represented
by Lilia Lopez. The area was fully developed into a rice land. However at the time of the area
was cleared ready for the next cropping season.

This office exerted diligent efforts to settle this case amicably however due to the fact
that this case was already pending in court, the parties opted to pursue the case and await its final
termination.

SUMMARY OF THE TESTIMONY OF THE PARTIES AND WITNESSES AND

ENUMERATION AND SUBSTANCE OF THE DOCUMENTARY EVIDENCE
SUBMITTED BY THEM; AND

Protestant alleged in her protest and position paper that she is one of the legitimate
children and compulsory heirs of the late Antonio Viran, Sr. and Segundina Viran. During the
lifetime of Antonio Viran, Sr. or sometime in the year 1974, he acquired a parcel of land
identified as Lot No. 3344-E located at Sinayawan, Hagonoy, Davao del Sur containing an area
of 21,236 square meters. His father Antonio Viran, Sr. through the help of his maintainer fully
develop it into a rice land from 1974 up to his demise in November 17, 1997. Thereafter,
protestant together with her other siblings inherited the property and took over the actual
cultivation and occupation of the land through the aid of their maintainer. In January 15, 2016,
the heirs of the late Antonio Viran, Sr. executed an Affidavit of Heirship with Waiver of Rights
in favor of herein protestant. Thereafter, protestant applied for titling of the land. She discovered
later on that her father actually previously applied for titling over the said parcel of land and just
recently and to her great surprise Lilia Lopez likewise applied for titling over the same property
which was already covered in her application. Furthermore by bribing their maintainer in the
person of Ambrocio Guadalupe, the heirs of Nemesia Torrejano were able to unlawfully enter
the property sometime in June 2016 and they are in possession of the property until now.
Aggrieved, protestant filed a case against the heirs of Nemesia Torrejano for Forcible Entry
which was decided in her favor. However, on appeal the decision was reversed. Attached to her
position paper are the following documents to support her allegations:

1. AFFIDAVIT OF WITNESS – dated August 19, 2016 executed by Roberto A. Arcala

who attested to the following facts: that he is a long time resident of Sinawayan,
Hagonoy, Davao del Sur since 1964; that he personally know the late Antonio Viran, Sr.
in the year 1974 since he requested him to “maintain” his agricultural land situated at
Sinawayan, Hagonoy, Davao del Sur; Antonio Viran, Sr. informed him that he newly
bought the property from Nemesia Saavedra consisting of TWENTY ONE THOUSAND
TWO HUNDRED THIRTY SIX (21,236) SQUARE METERS; that he continuously
cultivated the land for a period of 10 years from 1974 to 1984 and developed it into a rice
paddy together with his nephews without any interruption, disturbance and conflict
coming from Nemesia Saavedra or from any of her children; that it was Nemesia
 Saavedra who pointed to them the metes and bounds of the land; that he was replaced by
Ambrocio Guadalupe when he met an accident in the year 1984 and that he was certain
that the land he cultivated belonged to Antonio Viran, Sr. and his possession, cultivation
and enjoyment of the said land was uncontested, open and uninterrupted;

2. AFFIDAVIT OF WITNESS – dated August 22, 2016 executed by Eduardo M. Villegas

who attested to the following facts: that in the year 1987 he started living at Purok 7,
Sinawayan, Hagonoy, Davao del Sur and that he personally knew the late Antonio Viran,
Sr. who is his wedding sponsor; that Antonio Viran, Sr. owned, possessed and cultivated
a rice land consisting of more than TWO (2) hectares situated at Purok 7, Sinawayan,
Hagonoy, Davao del Sur located in front of his residential house; In the year 1979 he was
hired by Viran, Sr. to watch, monitor and assist during the treasing of palay and also to
render seasonal and periodic work from 1979 continuously up to March 2016; that in 37
years, the late Antonio Viran, Sr. who was succeeded alternately by his children, namely:
Antonio Viran, Jr., Julie Viran, Belen Viran-Deluao and Maria Paz Viran-Caballero
peacefully cultivated and actually enjoyed the said rice field previously sold and
transferred from the former owner, Nemesia Saavedra-Torejano in favor of Antonio
Viran, Sr; and that the actual possession and cultivation of the Viran Family was
uncontested and uninterrupted until June 2016;

3. JUDICIAL AFFIDAVIT OF ANTONIO VIRAN JR. – dated March 10, 2017

executed by Antonio Viran, Jr. stating that sometime on June 4, 2016, the Torrejano
siblings were clearing and cultivating the Riceland owned by them and discovered that
they paid their maintainer Ambrocio Guadalupe to allow them to enter the property and
that after the incident he reported the same in their Barangay attaching therein the copy of
the record of the Barangay Blotter dated June 21, 2016 and June 24, 2016;

4. JUDICIAL AFFIDAVIT OF ANA MARIA B. VIRAN – dated February 28, 2017

executed by Ana Maria B. Viran stating that the property subject of this case was owned
by her late father and was subsequently given to her by her siblings by virtue of a Joint
Affidavit of Heirship with Waiver of Rights. Consequently, she applied for the titling of
the land before the DENR. Sometime in the year 2016, her brother Antonio Viran Jr.
discovered the Torrejano siblings entered the property and cultivated it by bribing their
maintainer Ambriocio Guadalupe. Lastly, their family paid for the irrigation fees of the
land and that after learning about what the Torrejano did, they immediately referred the
matter to the barangay. Attached in her Judicial Affidavit are the following documents:

a. Free Patent Application - of Ana Maria Viran under FPA No. 112404-370
over the parcel of land located at Sinayawan, Hagonoy, Davao del Sur containing
an area of 21,236 square meter;

b. Joint Affidavit of Heirship with Waiver of Rights - dated January 15, 2016
executed by the heirs of Antonio Viran, Sr. declaring that they are the heirs of
Antonio Viran, Sr. and waiving their rights over the property as a whole in favor
of Ana Maria Viran and Antonio Viran Jr.;

c. Certification to file Action - dated July 6, 2016 issued by the Office of the
Lupong Tagapamayapa stating that there was a personal confrontation between
the Virans and Torrejanos but mediation failed;

d. Certification – dated August 19, 2016 issued by the National Irrigation

Administration signed by the Division Manager A, Manuel L. Raneses, CE,
MPA stating that as per record of their office, the area of 1.92 has with Lot Code
00315-PR1201 is registered under Mrs. Segundina Viran located at UPSFIA,
Poblacion, Hagonoy, Davao del Sur and that Mrs. Viran is the actual Irrigation
Service Free payor of the lot;
e. Official Receipt No. 1116576 - dated March 29, 2016 issued in the name of
Segundina Viran as proof of the Partial Payment of MC No. 54 s.2013 Amnesty
in the amount of P9,000.00;

f. Official Receipt No. 11955 – dated July 6, 2016 issued in the name of
Segundina Viran as proof of payment for the area of 1.92 has. In the amount of
P4,896.00;

g. Official Receipt No. 10777– dated October 21, 2015 issued in the name of
Segundina Viran as proof of payment irrigation fees in the amount of P2,937.60;

h. Official Receipt No. 0894705– dated December 8, 2015 issued in the name of
Segundina Viran as proof of partial payment of mc#54 s.2013 Amnesty in the
amount of 9,000.00;

i. Official Receipt No. 0889020 – dated March 27, 2015 issued in the name of
Segundina Viran as proof of partial payment of MC #54 s. 2013 Amnesty in the
amount of P9,000.00

j. Official Receipt No. 9725 – dated March 28, 2015 issued in the name of
Segundina Viran as proof of full payment of irrigation fees in the amount of
P4,406.40;

k. Official Receipt No. 8201 – dated March 10, 2014 issued in the name of
Segundina Viran as proof of full payment of irrigation fees in the amount of
P4,406.40;

l. Official Receipt No. 0874809 – dated March 13, 3014 issued in the name of
Segundina Viran as proof of partial payment of D’91, D’92, W’92, D’93,W’93,
W’95, D’96, W’96, D’97, W’97, under Amnesty MC# 54 s.2013 in the amount
of P15,000.00;

m. Official Receipt No. 8820 – dated October 13, 2014 issued in the name of
Segundina Viran as proof of full payment of irrigation fees in the amount of
P2,937.60;

n. Official Receipt No. 0882595 – dated October 14, 2014 issued in the name of
Segundina Viran as proof of partial payment of OBA W-2000 and OBA W’97 –
D’2000 under Amnesty MC# 54 s. 2013 in the amount of P9,525.42;

o. Official Receipt No. 7542 – dated October 18, 2013 issued in the name of
Segundina Viran as proof of full payment of irrigation fees in the amount of
P2,937.60;

p. Official Receipt No. 59807 – dated Decemer 9, 2013 issued in the name of
Belen Deluao by the Poblacion Hagonoy Upper Sinayawan Farmers Irrigators in
the amount of 3,248.88;

q. Official Receipt No. 0072019 – dated April 15, 2010 issued in the name of
Segundina Viran as proof of partial payment D-2010 in the amount of
P13,888.00;

r. Official Receipt No. 0008727 – dated April 27, 2011 issued in the name of
Segundina Viran for the payment of irrigation fees for D-2011 in the amount of
P3,888.00;
 s. Official Receipt No. 0081684 – dated November 13, 2009 issued in the name of
Segundina Viran by Julie Viran as proof of payment of C/A – W’09
OBA/NBA/Avail MC 79 in the amount of 29,307.20;

t. Official Receipt No. 0071361 – dated December 29, 2009 issued in the name of
Segundina Viran as partial payment of MC 79 in the amount of P10,000.00.

5. CERTIFICATION – dated August 19, 2016 issued by the National Irrigation

Administration, Davao del Sur – Irrigation Management Office certifying that as per
record of their case Mrs. Segundina Viran is the registered owner of 1.92 has of land with
Lot Code 00315-PR1201 located at UPSFIA, Poblacion, Hagonoy, Davao del Sur and the
actual Irrigation Service Fee payor of the said lot;

6. COMPLAINT – filed on November 25, 2016 before the 2nd Municipal Circuit Trial
Court of Hagonoy-Matanao, Davao del Sur by Ana Maria Viran against the Heirs of
Nemesia Torrejano for Forcible Entry and Damages with Prayer for Writ of Preliminary
Injunction and Temporary Restraining Order stating that she is filing the said complaint
in order to eject the heirs of Nemesia Torrejano in the subject property on the ground the
the latter forcibly entered the land by bribing their maintainer Ambrocio Guadalupe;

7. JUDICIAL AFFIDAVIT - dated June 19, 2017 executed by Ambrocio Guadalupe

stating that lived in the property of the late Antonio Viran, Sr. at Purok 7, Sinayawan,
Hagonoy, Davao del Sur in the year 1987 as maintainer. He alleged that in the year 2016
Lilia Lopez offered to pay him P300,000.00 in order to leave from the property and
because of financial difficulty he accepted the same paving way to the Torrejanos to enter
the property without the knowledge of the heirs of Antonio Viran, Sr.;

8. APPLICATION FOR FREE PATENT - under F.P.A No. 112404 – 370, CENRO XI-
4A, Digos City for the parcel of land identified as Lot No. 3344-E, Csd-10610 situated at
Sinayawan, Hagonoy, Davao del Sur containing an area of 21,236 square meters filed by
Ana Maria Viran to prove that Ana Maria Viran applied for titling over the property
subject of this case before the Office of the CENRO;

9. DECISION – dated October 25, 2017 issued by the 2nd Municipal Circuit Trial Court of
Hagonoy-Matanao, Davao del Sur with the dispositive portion hereunder quoted as
follows:

“WHEREFORE, premises considered , judgment is hereby rendered in favor of the

plaintiff and against all the defendants and ordering the latter to vacate the subject
premises located at Barangay Sinayawan, Hagonoy, Davao del Sur, and to pay
plaintiff the amount of SIX THOUSAND EIGHT HUNDRED FIFTEEN PESOS
(P6,815.00) as litigation expenses”

On the part of protestees, they alleged that the parcel of land subject of this case was
declared for taxation purposes in the name of their mother Nemesia Saavedra-Torrejano.
Accordingly the land was her inheritance from her parents, who possessed and occupied the
same way before 1935. In the year 1940’s after taking possession of the land, they develop it into
a rice field. Sometime in the year 1974, the husband of Nemesia Saavedra entered into an
agreement called as “Prenda Arendo” with Antonio Viran, Sr. without her consent over the land
verbally for the amount of P2,000.00 with terms that the latter shall return the usufruct of the
land after 20 years. Allegedly, after the death of Antonio Viran, Sr. one of his heirs in the person
of Belen Viran Deluao approached the heirs of Nemesia Torrejano asking them who owned the
land cultivated by their father and when they told her that it was their mother, she told them that
she will inform her siblings about it and to turn over the possession of the land to them. However
that did not happen as her siblings still claim the land. They further alleged that protestant was
never in prior physical possession of the land even before and up to present. To bolster their
allegations, they attached the following documents:

1. JUDICIAL AFFIDAVIT– dated June 28, 2017 executed by Teofila Saavedra Torrejano
stating she is one of the children of the late Nemesia Saavedra Torrejano who is the
owner of the property subject of this case. Her father entered an agreemend called
“prenda arendo” with Antonio Viran, Sr. for a period of 20 years without the consent of
her mother. She knew this because she was the one who took care of her mother for at
least 15 years and in those times, her mother repeatedly mentioned to her to get back the
property from the Virans. She further testified that they put on hold their plan to get back
the land in respect of the passing of Belen Viran Deluao who was the one who told them
that she will return the property. Accordingly the land was cultivated by a maintainer
only and not one of the Virans were seen by her on the land especially not Ana Maria
Viran;

2. JUDICIAL AFFIDAVIT – dated May 18, 2017 executed by Lilia T. Lopez stating that
she is one of the heirs of Nemesia Saavedra Torrejano who is the owner of the land
subject of this case. The land was her inheritance from her parents which was a portion of
a bigger track of land. Her mother and her siblings subdivided the property and declared
the same for taxation purposes in her name. After that she immediately took possession
of the land and cultivated the same. Sometime in the year 1974, his father allegedly
mortgaged their property to Antonio Viran, Sr. who is a very influential person at that
time and who persuaded his father to mortgaged it to him for the amount of P2,000.00 for
a period of 20 years. It was without the consent of her mother and she knew because in
her sickbed, she urged them to get back the land from the Viran as the term of the
“Prenda Arendo” already lapsed. However, they forgot about this because their parents
kept getting sick. It was only when one of the children of Antonio Viran, Sr. in the person
of Belen Viran Deluao came to them and ask them who is the owner of the property they
are cultivating as their it was not registered in the name of their parents. They answered
that it was owned by their mother. Because of this Belen Viran Deluao promised to
surrender the land to them and told the maintainer of the land to stop their work and to
surrender possession of the land to us but it did not happen because she passed away. Ana
Maria Viran was not seen cultivating the land and she only submitted her application or
titling in the year 2016. Attached to the Judicial Affidavit are the following documents:

a. Subdivision Plan – with the original survey conducted on April 1935-July 1940
wherein the respective shares of Nemesia Saavedra and her siblings were
specified therein;

b. Tax Declaration No. A-03-0020-00676 – in the year 2012 in the name of

Nemesia Saavedra to prove that she has declared for taxation purposes a parcel
of land located at Sinayawan, Hagonoy, Davao del Sur containing an area of 2
has;

c. Application For Free Patent - under F.P.A No. 112404 – 370, CENRO XI-4A,
Digos City for the parcel of land identified as Lot No. 3344-E, Csd-10610
situated at Sinayawan, Hagonoy, Davao del Sur containing an area of 21,236
square meters filed by Ana Maria Viran to prove that Ana Maria Viran applied
for titling over the property subject of this case before the Office of the CENRO;

d. Official Receipt No. 0624464 – dated April 27, 2015 issued by the Municipal
Treasurer of Hagonoy, Davao del Sur to prove payment of real property tax over
a parcel of land identified as Lot No. 3344 issued in the name of Lilia Lopez in
the amount of P5,957.50 for the year 1987-2012 representing Basic Tax;

e. Official Receipt No. 0570350 – dated April 27, 2015 issued by the Municipal
Treasurer of Hagonoy, Davao del Sur to prove payment of real property tax over
 a parcel of land identified as Lot No. 3344 issued in the name of Lilia Lopez in
the amount of P5,957.50 for the year 1987-2012 representing Special Education
Fund;

f. Official Receipt No. 0624465 – dated April 27, 2015 issued by the Municipal
Treasurer of Hagonoy, Davao del Sur to prove payment of real property tax over
a parcel of land identified as Lot No. 3344 issued in the name of Lilia Lopez in
the amount of P1,418.61 for the year 2013-2015 representing the Basic Tax;

g. Official Receipt No. 0624701 – dated April 27, 2015 issued by the Municipal
Treasurer of Hagonoy, Davao del Sur to prove payment of real property tax over
a parcel of land identified as Lot No. 3344 issued in the name of Lilia Lopez in
the amount of P1,418.61 for the year 2013-2015 representing the Special
Education Fund;

h. Official Receipt No. 0665202 – dated June 8, 2016 issued by the Municipal
Treasurer of Hagonoy, Davao del Sur to prove payment of real property tax over
a parcel of land identified as Lot No. 3344 issued in the name of Lilia Lopez in
the amount of P463.16 for the year 2016 representing the Basic Tax;

i. Official Receipt No. 0704080 – dated June 8, 2016 issued by the Municipal
Treasurer of Hagonoy, Davao del Sur to prove payment of real property tax over
a parcel of land identified as Lot No. 3344 issued in the name of Lilia Lopez in
the amount of P463.16 for the year 2016 representing the Special Education
Fund.

3. JUDICIAL AFFIDAVIT – dated May 29, 2017 executed by Mansueto Saavedra stating
that Nemesia Saavedra is her aunt and he knew that the land subject of this case was the
share of her mother as her inheritance. He also knew Antonio Viran, Sr. since he was
previously a Vice-Mayor of the place and a Chief of Police. It was her aunt who
cultivated the land until it was mortgaged to Antonio Viran to help in the hospital
expense of one of their children who got sick. Since her aunt did not consent to sell the
land so instead the agreement was a “Prenda Arendo” instead. He also knew Belen Viran
Deluao since she would usually come visit him and his wife. One time she ask them who
owned the land tilled by her father since she cannot find any document to prove that it
was their parents who owned the land. So he answered that it was his aunt who owned it.
He also added that ever since the land was mortgaged, he only saw Arcala and Guadalupe
cultivated the land and not one of the Virans cultivated it.

4. EXTRAJUDICIAL SETTLEMENT AMONG HEIRS WITH SPECIAL POWER

OF ATTORNEY (ESTATE OF NEMESIA SAAVEDRA - dated June 14, 2016 to
prove that the heirs of Nemesia Saavedra extrajudicially partitioned a parcel of land
covered under Tax Declaration No. A-03-0020-00676 containing an area of TWENTY
THOUSAND (20,000) SQUARE METERS, more or less which parcel of is the subject
of this case notarized before the faith of Atty. Luciano Cameros and entered in his
notarial register as Doc. No. 224; Page No. 56; Book No. LXVIII; Series of 2016;

5. DECISION – dated February 26, 2018 issued by the Regional Trial Court, Branch 61,
Digos City with the dispositive portion of the decision hereunder quoted as follows:

“WHEREFORE, premises considered, the assailed decision of the 2nd Municipal

Circuit Trial Court, Hagonoy-Matanao, Davao del Sur dated May 15, 2017 is
hereby REVERSED AND SET ASIDE.”
 CATEGORICAL RECOMMENDATION

From the evidences submitted by the parties respectively and on the basis of the
testimonies of their respective witnesses which documents are all attached in their position
papers, the undersigned has the following findings:

1. Protestant filed a case before the Municipal Court of Matanao for ejectment where
she obtained a judgment in her favor. Thereafter, the protestees in this case appealed
the same before the Regional Trial Court of Digos City, Branch 61 where the decision
appealed from was reversed; and

2. There was no showing that the said decision was appealed by the protestant or that
the decision already attained finality;

3. The protestee represented by Lilia Lopez is the one in possession of the land subject
of this case.

Unless there is a finality of judgment, there is still a possibility that the protestant will
appeal this case. With that, this office is precluded from rendering a resolution that might
contradict any decision that the court will render in this case. Thus, it is respectfully
recommended that if there is already a final judgment and no appeal was taken that a Certificate
of Finality be submitted before this office for the proper disposition of this case.

JUVY HOFILEÑA