Monday, January 20, 2014

Legal Digest

AGRARIAN REFORM BENEFICIARIES ASSOCIATION (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 owner 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 fall within the reportage of CARL or R.A. No. 6657. PhilBanking immediately filed its protest. Despite objections, the DAR caused the cancellation of the deed of conveyances of the subject parcel of lands. possession 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 exposit as TCT No. CL-143. PhilBanking past executed a performance of assignment in favour of respondents. As assignees and successors-in-interest, r espondents act PhilBankings protest over DARs takeover of their lands. Respondents then filed their guardianships beforehand the local DARAB in Tagum City, Davao del Norte.
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PhilBanking instituted before 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 previously registered under the take a leak of PhilBanking. DARAB (Tagum) then rendered a decisiveness in favor of respondents. Aggrieved by the local DARAB ruling, call forer appealed to the DARAB exchange Office which overturned the conclusion of its local office. Respondents then filed a MR ! and supplemental movement for rethink but both were denied by DARAB. Dissatisfied with the Central DARAB ruling, respondents august the matter to the CA. The CA granted the appeal. Hence the irregular petition for review on certiorari of the Decision of the tourist court of Appeals (CA) reinstating the decision of the Department of Agrarian Reform Adjudication Board...If you want to put up a full essay, order it on our website: BestEssayCheap.com

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