Republic of the Philippines

DEPARTMENT OF LAND REFORM

Provincial Agrarian Reform Office
Bacolod City
IN RE: PROTEST FROM THE
COVERAGE OF R.A. 9700 AND/
OR PETITION TO LIFT NOTICE
OF COVERAGE AFFECTING
LOT 563 COVERED BY TCT
NO. T-48437 LOCATED AT
HINIGARAN , NEG. OCC.,

ALI CASE No. ________

HEIRS OF RAMIRO JOCSON,

Petitioner.
x---------------------------------------------------x

PROTEST/PETITION
BEFORE THIS HONORABLE OFFICE, comes the herein
petitioner duly represented by Helen Rose Jocson-Atayde through
counsel, most respectfully alleges that:
NATURE OF THE PROTEST / PETITION
This is a PROTEST from the Notice of Coverage over the
subject landholdings known as Lot 2815 covered by TCT No. T-48437
by virtue of Republic Act No. 9700, or the Act Strengthening the
Comprehensive Agrarian Reform Program (CARPER), on the ground
that the subject landholding in this case located at Hinigaran, Negros
Occidental, are not coverable under the CARPER.
The Protest / Petition is filed within the reglementary period of
thirty (30) days from knowledge of the illegal publication of the Notice
of Coverage on the Philippine Star last February 14, 2013 despite
lack of personal service to herein petitioner who are known residents
of Bacolod City.
THE PROTESTANT
1. Protestants are of the Heirs of the late Ramiro B. Jocson who
died on _________________ as evidenced by the death
certificate of the decedent hereto attached as Annex A and
who are duly represented in this instance by Helen Rose
Jocson-Atayde one of the co-heirs who is of legal age, Filipino
and a resident of Bacolod City, Philippines.

2. The subject landholding in this case is known as Lot 563

covered by TCT No. T-48437 registered under the name of the
late Ramiro B. Jocson.
3. On or about February 9, 2015, one of the co-heirs of Ramiro
B. Jocson, received information from the Office of the MARPO
Hinigaran pertaining to the above-described landholding which
was allegedly issued a Notice of Coverage by publication but
which the heirs of the petitioner have not personally received
any copy thereof or was it received by any person of suitable
age and discretion.
4. Hence, this protest from the Notice of Coverage, and/or
petition to lift said notice of coverage, on the following
G R O U N D:
Whether or not the subject landholding was
properly issued a Notice of Coverage and if the same
is indeed subject to coverage of the CARPER under
R.A. 9700.
DISCUSSION / ARGUMENTS
5. It is clearly provided under Section 16 (a) of DAR
Administrative Order No. 7, Series of 2011 that Service of
Notice of Coverage shall be effected by PERSONAL
SERVICE to the last known address of the landowner. Only if
there is a failure of personal service that SUBSTITUTED
SERVICE under Section 16 (b) may then be resorted to i.e.
service of the NOC at the residence of the person authorized
to receive with some person of suitable age and discretion
residing therein, or by leaving copy of the NOC at the RLOs
office or regular place of business with some competent
person.
6. For the record, no personal service or substituted service
of the subject landholdings were effected by the DAR which
under the existing rules, would legally bind the such
landholdings to CARPER coverage. Thus, petitioner humbly
submits that the subject landholdings in this case have not
been effectively covered under RA 9700 (CARPER).
7. Moreover, the Honorable Supreme Court has categorically
held in Roxas vs. Court of Appeals, December 17, 1999,
that the acquisition of private lands may only be done by the
DAR through sending its notice to acquire the land to the

owners thereof, by personal delivery or by registered mail

and post the same in a conspicuous place in the municipal
building and baranggay hall of the place where the property is
located. This particular requirement was very clearly not
complied with by the DAR and which in effect violates the
right to due process of herein petitioner and likewise
renders the coverage by publication of the subject
landholdings null and void.
8. As held by the Supreme Court:
The law, let it be stressed, is not the less
humane because it favors the landlord, for social
justice is for fairness to all or it is no justice at all.
(Pascua vs. Court of Appeals, Et Al, G.R. No.
76851, March 19, 1990).
And in the case of Cabatan vs. Court of Appeals, 95 SCRA
232 (1980), the Supreme Court held thus:
The concept of social justice was not meant
to perpetuate an injustice to the landowner.
PRAYER
WHEREFORE, IN VIEW OF THE FOREGOING PREMISES,
and in the higher interest of social justice, it is respectfully prayed that
an ORDER be issued:
1. Declaring that the subject landholding in this case as
EXCLUDED from the coverage of Republic Act No. 9700;
and,
2. Lifting the Notice of Coverage by Publication over the subject
property, due to the utter lack of personal or substituted
service as clearly provided for under DAR Administrative
Order 7, Series of 2011.
Other reliefs and remedies consistent with law, justice and equity
are likewise prayed for.
Respectfully Submitted.
Bacolod City, Philippines. February 25, 2015.

PACIFICO M. MAGHARI III

Counsel for the Petitioner
c/o 590 Ylac St., Villamonte, Bacolod City
PTR No. 0000176 B.C. Jan. 5, 2015
IBP No. 974385 B.C. Jan. 5, 2015
MCLE V-0001426/1-16-14
SC ROLL NO. 44869
VERIFICATION AND CERTIFICATION
I, HELEN ROSE JOCSON-ATAYDE, of legal age, Filipino and a
resident of Bacolod City, Philippines, being duly sworn to in
accordance with law, hereby depose and state that:
I am the duly authorized representative of the
protestant/petitioner in the above-entitled case;
I have caused the filing and preparation of this Protest/Petition;
I have read the contents hereof and declare that the same to be
true to the best of my knowledge and belief and based on authentic
documents.
This is to certify further that I have not theretofore commenced
any other action or proceeding involving the same land or similar
issue in any court, tribunal, or quasi-judicial agency;
That to the best of my knowledge, no such action or proceeding
is pending in any court, tribunal, or quasi-judicial agency;
If there is any action or proceeding which is either pending or
may have been terminated, we shall state the status thereof; and If
thereafter I learn that a similar action or proceeding has been filed or
is pending before any court, tribunal, or quasi-judicial agency, I
undertake to report that fact within five (5) days therefrom to the DLR
office where the ALI case is pending.
HELEN ROSE JOCSON-ATAYDE
Affiant
SUBSCRIBED AND SWORN to before me this _____ day of
February, 2015 in Bacolod City, Philippines the herein affiant
exhibiting to me her Government Issued ID ____________________
issued at Bacolod City on _________________.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2015.

C O P Y F U R N I S H E D:
by registered mail by reason of distance:
Office of the Regional Director
Department of Land Reform
Regional Office 6
Lawaan Village, Balantang, Jaro
Iloilo City
Office of the Municipal Agrarian Reform Officer
Department of Land Reform
Hinigaran, Negros Occidental