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    Cabral Vs CA

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    Ohanna Jean Cortes
    The document summarizes a case regarding Cabral petitioning to cancel emancipation patents and torrens titles issued to private respondents that covered portions of land owned and registered under Cabral's name. The Court of Appeals dismissed the petition for lack of merit. The Supreme Court ruled that (1) the jurisdiction over the cancellation of emancipation patents lies with DARAB, not the regional director, and (2) it did not need to resolve the issue of whether Cabral was deprived due process in the regional director's proceedings.

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    Cabral Vs CA

    Uploaded by

    Ohanna Jean Cortes
    56 views12 pages
    The document summarizes a case regarding Cabral petitioning to cancel emancipation patents and torrens titles issued to private respondents that covered portions of land owned and registered under Cabral's name. The Court of Appeals dismissed the petition for lack of merit. The Supreme Court ruled that (1) the jurisdiction over the cancellation of emancipation patents lies with DARAB, not the regional director, and (2) it did not need to resolve the issue of whether Cabral was deprived due process in the regional director's proceedings.

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    Case digest

    Original Title

    Cabral vs CA

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    The document summarizes a case regarding Cabral petitioning to cancel emancipation patents and torrens titles issued to private respondents that covered portions of land owned and registered under Cabral's name. The Court of Appeals dismissed the petition for lack of merit. The Supreme Court ruled that (1) the jurisdiction over the cancellation of emancipation patents lies with DARAB, not the regional director, and (2) it did not need to resolve the issue of whether Cabral was deprived due process in the regional director's proceedings.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    56 views12 pages

    Cabral Vs CA

    Uploaded by

    Ohanna Jean Cortes
    The document summarizes a case regarding Cabral petitioning to cancel emancipation patents and torrens titles issued to private respondents that covered portions of land owned and registered under Cabral's name. The Court of Appeals dismissed the petition for lack of merit. The Supreme Court ruled that (1) the jurisdiction over the cancellation of emancipation patents lies with DARAB, not the regional director, and (2) it did not need to resolve the issue of whether Cabral was deprived due process in the regional director's proceedings.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 12

    Cabral vs Court of

    Appeals
    G>R. NO. 101974; 361 SCRA 122
    July 12, 2001
    A petition for the cancellation of the
    Emancipation Patents and Torrens
    Titles issued in favor of private
    respondents.
    The patents and tittles covered portions
    of the property owned and registered in
    the name of Cabral
    Cabral
    Alleged that she was the registered owner of several parcels
    of land

    Applied with the DAR for the reclassification or conversion


    of the land for residential, commercial or industrial purposes

    However, it was not acted upon

    The Emancipation Patent and Transfer of Title were issued


    in favor of private respondents
    Cabral

    Sought for the cancellation of TCTs


    Filed with the DAR a petition for the
    cancellation of the same
    Emancipation Patents and Torrens
    Titles
    Regional Director

    Dismissed the petition for cancellation


    of Emancipation Patents for lack of
    legal and factual basis
    Denied Cabral’s MR
    Court of Appeals

    Cabral: Questioned the jurisdiction of


    the Regional Director and claiming
    denial of due process
    Dismissed the petition for lack of merit

    MR was denied
    Cabral

    Filed an urgent motion for the issuance of a


    TRO—SC issued the TRO prayed for

    Alleged that Adolfo had conveyed the land


    a w a rd e d t o h e r t o Aq u a n l a n d
    Development Corporation and the Sta.
    Rita Steel Resources Corporation
    Issue
    1. WON that the jurisdiction of the
    DARAB is exclusive of the DAR
    Regional Director
    2. WON Cabral was denied due process
    being not given the opportunity to be
    heard on appeal
    Ruling (1)
    YES.

    Whatever jurisdiction the Regional Director may have had


    over the cancellation of emancipation patents, it lost with the
    passage of subsequent laws

    The function of the Regional Office concer ns the


    implementation of agrarian reform laws while that of the
    DARAB/RARAD/PARAD is the adjudication of agrarian
    reform cases
    Regional Office vs DARAB/
    RARAD/PARAD

    Executive in nature Judicial in nature


    Primarily tasked with Does the
    implementing laws, determination of
    policies, rules and rights an obligations
    regulations within the of the parties
    responsibility of the
    agency
    CA underscored the facts that Sec 13 of E.O.
    No. 129-A authorizes the DARAb. To
    delegate its powers and functions to the
    regional office.

    However, the DARAB has delegated such


    powers and functions to the RARADs and
    the PARADs, which, under Sec 3 of the
    Rules, are deemed to form part of the DAR
    Regional Office where they are stationed
    2. Ruling

    The court need not resolve the issue of


    deprivation of due process allegedly
    suffered by petitioner in the proceedings
    before the Regional Director

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