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Ceniza V Neri 3

The document summarizes the findings and directives of a preliminary case review for a land cancellation case. It finds that required documents were not submitted, including verifications and disclosures. It directs the petitioner and PARAD to submit missing documents and photographs within 15 days. It also directs the PARAD to re-serve notices of comment and comply with publication requirements. Failure to submit the documents may result in dismissal without prejudice. The case will be remanded for further evidence gathering.

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Michael Kevin Mangao
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151 views

Ceniza V Neri 3

The document summarizes the findings and directives of a preliminary case review for a land cancellation case. It finds that required documents were not submitted, including verifications and disclosures. It directs the petitioner and PARAD to submit missing documents and photographs within 15 days. It also directs the PARAD to re-serve notices of comment and comply with publication requirements. Failure to submit the documents may result in dismissal without prejudice. The case will be remanded for further evidence gathering.

Uploaded by

Michael Kevin Mangao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

LEGAL AFFAIRS OFFICE

PRELIMINARY CASE REVIEW


To

NAOMI NERI CENIZA


Purok 2, Naomis Botanical Garden, Baadero,
Ozamiz City, Misamis Occidental
THE PROVINCIAL AGRARIAN REFORM
ADJUDICATOR
Office of the PARAD
DAR Adjudication Board Misamis Occidental
Gango, Ozamiz City

Case Title :

NAOMI

NERI

JORGE

B.

CENIZA,

NERI,

Petitioner,

TIMOTHY

C.

-versusKUOK,

DAPHNE C. KOUK, SHELLITA CHLOE N.


CENIZA, GISSELLE N. CENIZA, REGISTER
OF

DEEDS

of

Ozamiz

City,

PARO-DAR

Ozamiz, Respondents
Case No.

CANC-1007-0009-2013

The following are the results of the preliminary review of the case
conducted by this Office:
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 NAOMI NERI CENIZA in favor of NORLAIN C.

MANALAO
The original copy of the Verification

Ceniza v Neri
Page 2 of 5 pages
CANC-1007-0009-2013

The original copy of the 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 copy of the Transfer Certificate of Title


sought to be cancelled specifically:
o TCT no. 952 bearing CLOA no.
o TCT no. 860 bearing CLOA no.
o TCT no. 861 bearing CLOA no.
o TCT no. 866 bearing CLOA no.
o TCT no. 867 bearing CLOA no.
o TCT no. 858 bearing CLOA no.
o TCT no. 862 bearing CLOA no.

00852744
00767816
00767819
00767871
00767820
00767821
00767822

Photographs of the Notice posted on the bulletin board


of the Barangay Hall and installed at a conspicuous
location along the premises of the landholding.

Ceniza v Neri
Page 3 of 5 pages
CANC-1007-0009-2013

2. The Provincial Agrarian Reform Adjudicator (PARAD) only


submitted a photocopy of 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 for
the

reason

that

the

Sheriff

failed

to

locate

private

respondents to serve the notices. Publication is still required


for the respondents even if living abroad.
DIRECTIVES
1. The Petitioner must submit to this Office the lacking
documents stated above within fifteen (15) days from receipt
hereof.
2. The Petitioner must submit to this Office the photographs and
not only printed images of the billboard installed along the
premises of the subject landholding within fifteen (15) days
from receipt hereof.
3. 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.
4. The abovementioned Petitioner must submit a signed and
notarized Verification, Disclosure Statement, Special Power
of Attorney within fifteen (15) days from receipt hereof.
5. The PARAD must submit the original Barangay certificate of
posting of the required Notice within fifteen (15) days from
receipt hereof.

Ceniza v Neri
Page 4 of 5 pages
CANC-1007-0009-2013

6. The PARAD must require its sheriff to comply with the


publication requirement of the Notice to Comment pursuant
to Section 14 of DAR A.O. 6, Series of 2011.
7. 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, 2, and 4, shall be a
ground for the dismissal of the Petition without prejudice.
Let the records of this case be remanded to the PARAD of Misamis
Occidental 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.

SO ORDERED.

JUSTIN VINCENT J. LA
CHICA
Assistant Secretary for
Legal Affairs

Date
__________________________

issued:

Ceniza v Neri
Page 5 of 5 pages
CANC-1007-0009-2013

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. JORGE B. NERI
San Antonio, Ozamiz City, Misamis Occidental
TIMOTHY C. KUOK
DAPHNE C. KOUK
Based in Hongkong, China
SHELLITA CHLOE N. CENIZA
GISSELLE N. CENIZA
Based in New York, U.S.A
Private Respondents
2. THE REGIONAL DIRECTOR
DAR Regional Office X
Macanhan, Carmen
3. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER
DAR Provincial Office - Misamis Occidental
Gango, Ozamis City, Misamis Occidental
4. THE REGISTER OF DEEDS
Don Anselmo Bernard St., Ozamis City, Misamis Occidental

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