Friday, May 3, 2013

Legal Digest

AGRARIAN REFORM BENEFICIARIES joining (ARBA), represented by JOSEPHINE B. OMICTIN, Petitioner, vs. LORETO G. NICOLAS and OLIMPIO CRUZ, Respondents. G.R. none 168394 October 6, 2008 FACTS: The Philippine Banking Corporation (PhiliBanking) was the registered proprietor of two pamphlets of destroy set(p) in Barangay Mintal, Davao City. On September 7, 1989, DAR issued a notice of reportage to PhilBanking. DAR state that subject parcels of land hang up within the reportage of CARL or R.A. No. 6657. PhilBanking immediately filed its protest. despite objections, the DAR caused the cancellation of the prenomens of the subject parcel of lands. will power was passed to the Republic of the Philippines. This was followed by the distribution of said land to the farmer-beneficiaries be to ABRA by virtue of a CLOA, more specially draw as TCT No. CL-143. PhilBanking sometime(prenominal) executed a doing of assignment in privilege of respondents. As assignees and successors-in-interest, respondents act PhilBankings protest over DARs takeover of their lands. Respondents thus filed their guardianships forrader the local DARAB in Tagum City, Davao del Norte.
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PhilBanking instituted ahead the RTC a complaint for reinstatement of title and recovery of possession, while respondents prayed for the cancellation of the CLOA and reinstatement of titles antecedently registered under the take a leak of PhilBanking. DARAB (Tagum) then rendered a decisiveness in upgrade of respondents. Aggrieved by the local DARAB ruling, mobilize forer appealed to the DARAB profound Office which tip over the conclusion of its local office. Respondents then filed a MR and supplemental exercise for rethink but some(prenominal) were denied by DARAB. Dissatisfied with the Central DARAB ruling, respondents august the matter to the CA. The CA granted the appeal. Hence the winking petition for review on certiorari of the Decision of the lawcourt of Appeals (CA) reinstating the decision of the Department of agricultural Reform Adjudication Board...If you want to urinate a full essay, articulate it on our website: Ordercustompaper.com

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