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CENRO Protest

1) Three claimants - Francisco Enfectana, Apolonia Galleto, and Leonilo Norte - have protested Rafael Young's claim to Lot 159, which the claimants have occupied and improved for 20-30 years. 2) The claimants provide documentation showing that Rafael Young's claim overlaps and includes the areas that the claimants have occupied. 3) The claimants request that Rafael Young's application be denied and that they be granted rights to the areas they have occupied.

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243 views

CENRO Protest

1) Three claimants - Francisco Enfectana, Apolonia Galleto, and Leonilo Norte - have protested Rafael Young's claim to Lot 159, which the claimants have occupied and improved for 20-30 years. 2) The claimants provide documentation showing that Rafael Young's claim overlaps and includes the areas that the claimants have occupied. 3) The claimants request that Rafael Young's application be denied and that they be granted rights to the areas they have occupied.

Uploaded by

Genesy Timonera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES


CENRO, PALO, LEYTE

FRANCISCO ENFECTANA
APOLONIA GALLETO and
LEONILO NORTE,
Claimants-Protestants DENR (R8) LAND CASE No. __________
M.S.A. No. V-24501

RAFAEL YOUNG
Applicant-Respondent.

x-----------------------------------------------x

PROTEST

CLAIMANTS-PROTESTANTS, by counsel, unto this Honorable Office most


respectfully allege: THAT---

1. Applicants-Respondents recently filed a claim over a certain Lot No. 159, Cad.
65, in the Interior of Brgy. 8-A, Tacloban City, containing an area of 209 sq.m., which
have been already occupied by herein protestants for more than twenty (20) years now.

2. As shown in the self-serving sketch1 of Rafael Yong, Lot 1 (Apolonia Galleto,


18 sq.m.), Lot 2 (Barangay Hall of Brgy. Chairman Francisco Enfectana, 32 sq.m.) and
Lot 4 (Leonilo Norte, 19 sq.m.) are inclusive of his Lot 3 (140 sq.m.).

3. A certain Daniel Bulante, an old applicant of same lot, was earlier denied of his
application, considering the reasons given in the 1st Indorsement2 dated 29 November
1957 of MSA No. V-24501, stating in gist:

“xxx the subject applicant is not qualified to acquire by private sale the
land covered by the subject application for the reason that, as the enclosed
certificate dated June 17, 1957 of the acting Assistant City Treasurer
shows, he is the registered owner of another residential lot located in this
city x x x, investigation disclosed that another is actually living in the
house standing on said land and a large portion thereof is needed for the
construction of a concrete canal in the manner and to the extent shown in
the sketch below x x x x.”

1
Annex A – Sketch of Lot 159 for Rafael Young
2
Annex B – 1st Indorsement of Burea of Lands dated 29 November 1957 in MSA No. V-24501
2

4. In 1996, during the construction of the barangay multi-purpose hall, Leyte


Tang Yu Association made a relocation survey of the lot reserved for said hall to
determine if it was encroaching their property, but did not further object to the
construction thereafter, evidenced by a certification3 by the Barangay Chairman dated 2
March 2007.
5. Leonilo Norte built a house over the proposed concrete canal by improving it
with filling materials and continued his occupancy on it for twenty five (25) years now.

6. Apolonia Galleto built a house on the proposed alley and proposed concrete
canal, and continued to stay there with her children for the past thirty (30) years now,
evidenced by a barangay certification4 dated 16 March 2007.

7. Then, here comes Rafael Young from nowhere, continuing the disapproved
application of Daniel Bulante over the same land subject of this controversy in 2006.

8. A personal confrontation was also conducted between complainant Leonilo


Norte and protestee Rafael Young before the barangay, and that a certification5 dated 16
March 2007 was issued, that there was no settlement between the parties.

9. Likewise a certification6 dated 16 March 2007 was issued between


complainant Francisco Enfectana vs. Rafael Young that there was likewise no settlement
between the parties before the Pangkat Tagapamayapa.

10. Rafael Young is disqualified to apply for the same MSA V-24501 because he
has also other properties and actually living in his private property at No. 162 M.H. Del
Pilar St., Tacloban City.

11. These allegations are further corroborated by the affidavit of two (2)
disinterested persons7, Ernesto Pedrosa and Emma Ayuste.

WHEREFORE, premises considered, it is respectfully prayed of this Honorable


Office to deny Rafael Young’s application for MSA V-25401 and to grant the protestants,
herein present occupants therein, the right to possession of the property which they have
personally improved for the past 25 to 30 years.

3
Annex C – Certification dated 2 March 2007
4
Annex D – Barangay Certification dated 16 March 2007
5
Annex E – Barangay Certification that no settlement in Norte vs. Young dated 16 March 2006
6
Annex F – Barangay Certification that no settlement in Enfectana vs. Young dated 16 March 2006
7
Annex G – Affidavit of 2 disinterested persons dated 22 March 2007
3

TACLOBAN CITY. 22 March 2007.

LEO S. GIRON
Counsel for the Protestants
253 Avenida Veteranos, Tacloban City
Roll No. 37379
IBP Lifetime No. 00733
PTR No. 6100976; 1-2-07; Tacloban City

Republic of the Philippines )


In the City of Tacloban ) SS

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING

We, FRANCISCO ENFECTANA, APOLONIA GALLETO and LEONILO


NORTE, all of legal age, Filipinos and with postal address at Interior J. Romualdez,
Brgy. 8-A, Tacloban City, after having been duly sworn according to law, hereby depose
and say: THAT---

We are the protestants in the above-entitled case; that we have caused the
foregoing Protest and its Annexes to be prepared and filed; that we have read and fully
understood all the allegations therein contained; and that the same are all true and correct
according to our own personal knowledge and belief, and based on genuine and authentic
documents; and further,

We CERTIFY that we had not commenced any action against the protestee for
the same cause and over the same subject matter, nor is there any case pending before the
Supreme Court, Court of Appeals, court or any agency or tribunal, judicial or
administrative; that we undertake to inform this Board of any action pending or otherwise
over the same cause or subject matter within five (5) days from date of knowledge.

IN WITNESS WHEREOF, we have hereunto set our hands this 22 March 2007
at Tacloban City, Philippines.

APOLONIA GALLETO LEONILO NORTE

FRANCISCO ENFECTANA

SUBSCRIBED AND SWORN to before me this 22 March 2007 at Tacloban


City, Philippines.

Doc. No. 302


Page No. 61
Book No. 52
SERIES OF 2007

COPY FURNISHED:

RAFAEL YOUNG
162 MH del Pilar St.,
Tacloban City

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