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[ G.R. No. 140837. January 19, 2000]

MARIANO EVANGELISTA vs. HON. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 19 2000.

G.R. No. 140837 (Mariano Evangelista vs. Hon. Court of Appeals, et al.)

This is a petition for review on certiorari of the decision, dated November 19, 1999, of the Court of Appeals, which affirmed the decision, dated July 15, 1998, of the Department of Agrarian Reform Adjudication Board (DARAB). In the said decision, the DARAB affirmed the decision, dated June 21, 1995, of the Provincial Agrarian Reform and Adjudication Board, San Fernando, Pampanga (PARAB) dismissing the complaint for segregation of a parcel of land and specific performance with damages which petitioner Mariano Evangelista had filed against private respondents Maximino and Consuelo Santos.

Petitioner alleges that private respondents executed two documents dated May 10, 1961 and May 19, 1962 conveying to his deceased father, Dominador Evangelista, a parcel of agricultural land consisting of 1,517 square meters situated at the Bahay Pare Estate, Candaba, Pampanga, for a total purchase price of P800.00; that, since 1946, Dominador had been in possession of the said property in the concept of owner; that respondents succeeded in obtaining TCT No. 185604-R over a lot, which included the parcel of agricultural land sold to Dominador; and that despite demand by petitioner, private respondents had refused to cause the segregation of the parcel of agricultural land sold to petitioner's father.

The petition has no merit. Petitioner should not have filed his complaint with the PARAB. As correctly pointed our by the DARAB, pursuant to Administrative Order No. 3, series of 1990 of the Department of Agrarian Reform (DAR), matters pertaining to the titling of lots in agricultural landed estates administered by the DAR, such as the Bahay Pare Estate, should be filed with the proper Municipal Agrarian Office (MARO), and not with the PARAB or the DARAB. Hence, the Court of Appeals correctly affirmed the dismissal by the DARAB of the complaint of petitioner.

WHEREFORE, the petition is DENIED for lack of merit.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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