Petition of Nullity of Order
Petition of Nullity of Order
Petition of Nullity of Order
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PREFATORY STATEMENT
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landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to
the priorities and retention limits set forth in this
Act, taking into account ecological, developmental,
and equity considerations, and subject to the
payment of just compensation. The State shall
respect the right of small landowners, and shall
provide incentive for voluntary land-sharing.
This is a petition for the declaration of nullity of the Voluntary Land Transfer
(VLT)/ Direct Payment Scheme (DPS) applied by Tagum Development
Corporation (TADECO) involving an area of 448.7769 hectares which is the same
landholdings applied for Conversion which has a final and executory Order
dated February 13, 2006.
Only recently the Petitioner Association knew of the Voluntary Land Transfer
(VLT) proceedings when the Provincial Agrarian Reform Officer of Davao del
Norte wrote the Petitioner in a letter dated August 10, 2015 which says:
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Aggrieved by the proceedings made by the Department of Agrarian Reform as
the Petitioner Association was not informed of the Voluntary Land Transfer ,
there is now denial of due process .
THE PARTIES
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The said conversion was approved as contained in DARCO Order NO.
Con-0602-055 Series of 2006 dated December 8, 2003. However, the
Petitioner on September 3, 2004, filed a Motion for Leave to
Intervene and to Admit Protest/Motion for Reconsideration in
Intervention. Hereto attached the Motion for Intervention filed by
the Petitioner as Annex “C”.
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The above titles were generated from the landholdings subject for
conversion. Hereto attached and marked as Annex “E to E-6”.
Table 1
Landholdings Applied for Conversion and
Applied for Voluntary Land Transfer
Table 2
Landholdings Applied For Conversion Are The Same Landholdings
Applied For Voluntary Land Transfer
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although bearing different title numbers as reflected in Annexes B-
B9 and E to E-6.
Table 3
CLOA Generation from the landholdings applied for conversion
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distribution of the landholdings. The generation of CLOA was made
one day after the receipt of the Application of VLT and awarded
the same to Central TADECO Multi-Purpose Cooperative who were
not even an intervenor in the Application for Conversion.
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Petitioners-Appellant strongly maintained, that they are entitled to
the relief sought.
Awarding it to the other group who did not have the interest in the
opposition for conversion is a mockery. Worst, the landholdings for
conversion were the same landholdings of the Voluntary Land
Transfer of which the Petitioner Association were not informed of
the proceedings.
On February 13, 2006, when there was an order for distribution, the
Petitioner Association has an inchoate right already of the subject
landholdings. When the application of VLT was received by the
PARO Davao del Norte, the Petitioner Association should have been
informed that the owner wants the VLT. But the PARO Davao del
Norte maliciously intended to hide the proceedings in order for the
Petitioner Association not to file its opposition.
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NULLIFIED DUE TO VIOLATION OF DUE
PROCESS CLAUSE
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powers are not strictly bound by procedural requirements, they are
still bound by law and equity to observe the fundamental
requirements of due process. In the application of the principle of
due process, what is sought to be safeguarded is not lack of
previous notice but the denial of the opportunity to be heard.
In fact, DAR Administrative Order No. 02, series of 1994, which was
issued in March 1994, enumerates the grounds for cancellation of
registered Emancipation Patents or Certificates of Landownership
Award:
Xxxx
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Xxxxx
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involving agricultural lands pertains exclusively to the DAR. In the
absence of the approval of such MOA, there is no legal impediment
to proceed with the acquisition and distribution of subject
properties under CARP.
It was noted that the generation of CLOA one day from the time of
application is A CLEAR MANIPULATION in order to circumvent the
order.
Table 4
CLOA Generation from the landholdings applied for conversion
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347.1494 hectares T-58336 -9.0134 has. hectares
T-58340 -691.8017
TCT No. T- 178004 -
T-58332 -1.9139 has. T-17982-3. 5638 hectares
T-58335 -3.2544 has.
3. 5638 hectares
T-58336 -9.0134 has.
T-58340 -691.8017
TCT No. T- 177999 - T-58332 -1.9139 has. T-17981- 13.6733 hectares
T-58335 -3.2544 has.
13.6733 hectares
T-58336 -9.0134 has.
T-58340 -691.8017
TCT No. T- 177998- T-58332 -1.9139 has. T-17980-28.9722 hectares
T-58335 -3.2544 has.
28.9722 hectares
T-58336 -9.0134 has.
T-58340 -691.8017
TCT No. T- 177997- T-58332 -1.9139 has. T- 19779-3.1924 hectares
T-58335 -3.2544 has.
3.1924 hectares
T-58336 -9.0134 has.
T-58340 -691.8017
TCT No. T- 177996- T-58332 -1.9139 has. T-15232-69.6932 has.
T-58335 -3.2544 has. T-15233-136.3465 has.
(Applied for VLT in
T-58336 -9.0134 has.
December 21, 2001) T-58340 -691.8017 T-15234- 57.7020 has.
T-15235-17.8263 has.
274.5680 hectares
TOTAL -274.5680 has.
TCT No. T-58337 - T- 20049-15.9707 has
T-20048-18.9401 has.
54.5719 hectares
T-20047-3.5482 has.
T-20046-7.7209 has.
TOTAL - 54.5719
Approved for VLT - Approved for CARP VLT (2001) - 274.5680 has.
442.1310 hectares Distribution - 448.7769 VLT (2006) - 442.1310 has.
The VLT/DPS was made in violation of the due process clause and
DAR administrative rules. Hence, It has no legal or binding effect or
efficacy for any purpose or at any place. It cannot affect, impair or
create rights. It is not entitled to enforcement and is, ordinarily, no
protection to those who seek to enforce. All proceedings founded to
be void are themselves regarded as invalid. In other words, a void
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proceedings are regarded as a nullity, and the situation is the same
as it would be if there were no proceedings. It, accordingly, leaves
the parties litigants in the same position they were in before the
trial.”
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once the proceedings area nullified, the accessory proceedings like
issuance of CLOAs, identification of beneficiaries and the like
should be deemed to nullified.
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ANCILLARY REMEDIES AS AGREED DURING THE JUNE 14, 2018
PRAYER
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2) The instant Petition be given due course and consequently to
cancel all the CLOAs T- 19779;T-19780;T-19781;T-19782; T-
19783;T-20046;T-20047;T-20048; T- 20049 and re allocate the same
to the Petitioner Association;
RESPECTFULLY SUBMITTED.
BONIFACIO DEGAMO
Petitioner
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4. I have not theretofore commenced any other action or
proceeding involving the same issues in the Supreme Court, the
Court of Appeals but there is a Petition for CARP Coverage pending
before DAR Central Office. While the subject property is the same
but the remedy sought for is different.
BONIFACIO DEGAMO
Petitioner
Copy furnished
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