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Department of Agrarian Reform: Order

The Department of Agrarian Reform (DAR) dismissed without prejudice the application for DAR Clearance filed by Erwin Baduya regarding the transfer of ownership of an awarded farmlot from Lydia Pedrero to Marife Cabelic. The application was deficient and missing several required documents, including a letter requesting the clearance from Lydia Pedrero, tax clearances, irrigation fee certifications, and loan documentation. As the missing documents were not submitted despite notice, the DAR Regional Director ordered the dismissal of the application.

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90 views

Department of Agrarian Reform: Order

The Department of Agrarian Reform (DAR) dismissed without prejudice the application for DAR Clearance filed by Erwin Baduya regarding the transfer of ownership of an awarded farmlot from Lydia Pedrero to Marife Cabelic. The application was deficient and missing several required documents, including a letter requesting the clearance from Lydia Pedrero, tax clearances, irrigation fee certifications, and loan documentation. As the missing documents were not submitted despite notice, the DAR Regional Director ordered the dismissal of the application.

Uploaded by

Finch Atticus
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM


ISO CERT. NO.: 756219 Tunay na Pagbabago sa Repormang Agraryo

IN RE: APPLICATION FOR DAR CLEARANCE DAR Case No.


PURSUANT TO DAR ADMINISTRATIVE APO-0801-0010-2020
ORDER (A. O.) NO. 8, SERIES OF 1995 (ARO-0800-0104-2020)

ERWIN BADUYA,
Applicant

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

ORDER

This resolves the application for DAR Clearance pursuant to DAR

Administrative Order (A. O.) No. 8, Series of 1995, filed by Erwin Baduya on the

transfer of ownership of an awarded farmlot by virtue of a a Deed of Absolute

Sale of a Real Property dated 6 February 2018 executed by Agrarian Reform

Beneficiary (ARB) Lydia Pedrero. The subject lot contains an area of Six

Thousand Eight Hundred Fifty One (6,851) square meters located at Brgy. Bulod,

Sta. Fe, Leyte and described under Emancipation Patent (E.P.) No. 578571 /

Transfer Certificate of Title (TCT) No. TE- 9716 which was issued and registered

with the Registry of Deeds of Leyte in the name of Lydia Pedrero on 28

December 2007..

To support the application, applicant submitted the following relevant

documents, to wit:

1. Philaris copy of EP No. 578571;

2. Photocopy of the Deed of Absolute Sale of Real Estate dated 6


February 2018 executed by Lydia Pedrero in favor of Marife Cabelic;;

3. Certification dated 6 April 1998 issued by the Land Bank of the


Philippines (LBP) stating that the land amortizations on the subject
property had already been paid in full;

DAR Regional Office VIII Telephone No. (053) 888-1168


Sto. Niño Extension, Tacloban City Website: www.dar.gov.ph
:APPLICATION FOR DAR CLEARANCE

ERWIN BADUYA
APO-0801-0010-2020 Page 2 of 4

4. Sworn Affidavit of Transferor dated 21 February 2019 stating that the


subject property is her retention area;

5. Sworn Affidavit of Transferee dated 21 February 2019 stating that her


total landholdings, and that of her spouse, including the subject
property does not exceed 5.0000 hectares;

6. Sta Fe Municipal Assessor’s Certifications dated 20 February 2019


stating that Lydia Pedrero appears to be a declarant of a parcel of
riceland with an area of 0.6851 hectare within the Municipality of Sta.
Fe, Leyte;

7. Sta. Fe Municipal Assessor’s Certifications dated 22 February 2019


stating that Marife Cabelic is not a declared owner of any real property
within the Municipality of Sta. Fe, Leyte;

8. Leyte Provincial Assessor’s Certification dated 21 February 2019


stating that Lydia Pedrero appears to be a declarant of a parcel of
riceland with an area of 0.6851 hectare within the Province of Leyte;

9. Leyte Provincial Assessor’s Certification dated 27 February 2019


stating that Marife Cabelic does not appear to be a declared owner of
any real property within the Province of Leyte;

10. Certification dated 4 February 2019 issued by Rodel Ajeto – Punong


Barangay of Brgy. Bulod, Sta. Fe, Leyte, stating that the subject
landholding is untenanted;

11. Special Power of Attorney (SPA) dated 6 February 2018 executed by


Marife Cabelic appointing Erwin Baduya as her legal representative .

DAR Municipal Office of Sta. Fe, Leyte recommended for the issuance of

a DAR Clearance. On the other hand, DAR Provincial Office of Leyte

recommended for its dismissal for failure of applicant to submit the lacking

documents despite due notice.

To date, despite the lapse of considerable length of time, applicant failed

to submit the lacking documents which are necessary in the judicious resolution

of the herein application to wit:

1. Letter-request for the issuance of DAR Clearance from Lydia Pedrero


or her duly authorized representative;

2. Tax Clearance from the Municipal Treasurer of Sta. Fe, Leyte;


:APPLICATION FOR DAR CLEARANCE

ERWIN BADUYA
APO-0801-0010-2020 Page 3 of 4

3. National Irrigation Administration (NIA) Certification regarding payment


of irrigation fees;

4. Certification regarding loans (equipment, production, etc.) from


DAR/LBP to be issued by DARMO Sta Fe, Leyte or the DAR Provincial
Office of Leyte;

5. Sworn Affidavit of Transferor stating that the subject property has no


pending loans with the DARAB or any of its Adjudicators, the DAR, the
courts or at the Office of the President;

6. Latest Income Tax Return of Transferee;

7. Community Tax Certificate of Transferee.

Hence, the Office conforms with the recommendation of DARPO Leyte to

dismiss the herein application for DAR Clearance being deficient in form and in

substance.

WHEREFORE, Order is hereby issued DISMISSING without prejudice,

the application for DAR Clearance filed by Erwin Baduya on the transfer of

ownership by virtue of a Deed of Absolute Sale of Real Estate dated 6 February

2018 involving an awarded farmlot described under EP No. 578571, for reason

advanced.

SO ORDERED.

Sto. Niño Extension, Tacloban City.

STEPHEN M. LEONIDAS. CESO III


Regional Director

Copy furnished:
:APPLICATION FOR DAR CLEARANCE

ERWIN BADUYA
APO-0801-0010-2020 Page 4 of 4

1. BUREAU OF AGRARIAN LEGAL ASSISTANCE


Department of Agrarian Reform Central Office
Elliptical Road, Diliman, Quezon City

2. THE CHIEF, LTIS DIVISION


THE CHIEF, LEGAL DIVISION
THE RECORDS OFFICER
DAR Regional Office No. VIII
Sto. Nino Ext.,Tacloban City

3. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER


4. THE CHIEF, LTS DIVISION
5. THE CHIEF, LEGAL DIVISION
6. THE RECORDS OFFICER
Department of Agrarian Reform Provincial Office
LVD Compound, Tacloban city

7. THE MUNICIPAL AGRARIAN REFORM PROGRAM OFFICER


Department of Agrarian Reform Municipal Office
Sta. Fe, Leyte

8. THE BARANGAY AGRARIAN REFORM COMMITTEE (BARC) CHAIRMAN


Brgy. Bulod, Sta. Fe, Leyte

9.. ERWIN BADUYA


Brgy. 83-B, San Jose, Tacloban City

10. LYDIA PEDRERO


Brgy. Bulod, Sta. Fe, Leyte

11. FILE

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