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Office of The Secretary: Resolution

This document is a resolution from the Department of Environment and Natural Resources regarding an appeal over a land dispute between the Heirs of Leonido Tumamac and the Heirs of Francisco Tumamac. It summarizes the background of the case which involves competing claims over ownership of Lot 5257 based on different surveys of the land. It also describes petitions filed by each party and an order issued by the Regional Technical Director regarding adjustment of lots based on one of the surveys. The resolution denies the appeal filed by the Heirs of Leonido Tumamac, upholding the decision that favored the claim of the Heirs of Francisco Tumamac over Lot 5257.

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Gabriel Gomez
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62 views2 pages

Office of The Secretary: Resolution

This document is a resolution from the Department of Environment and Natural Resources regarding an appeal over a land dispute between the Heirs of Leonido Tumamac and the Heirs of Francisco Tumamac. It summarizes the background of the case which involves competing claims over ownership of Lot 5257 based on different surveys of the land. It also describes petitions filed by each party and an order issued by the Regional Technical Director regarding adjustment of lots based on one of the surveys. The resolution denies the appeal filed by the Heirs of Leonido Tumamac, upholding the decision that favored the claim of the Heirs of Francisco Tumamac over Lot 5257.

Uploaded by

Gabriel Gomez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

Department of Environment and Natural Resources


OFFICE OF THE SECRETARY
Visayas Avenue, Diliman, Quezon City

HEIRS OF LEONIDO
TUMAMAC,
Appellant,

- versus - DENR Case No. 9233

HEIRS OF FRANCISO
TUMAMAC,
Appellee.
x--------------------------------------x

RESOLUTION

This refers to the Appeal1 filed by the Appellant, Heirs of


Leonido Tumamac (Leonido), represented herein by Felisa
Tumamac-Gulfan from the Decision2 of the Regional Executive
Director of Region 8, Tacloban City (RED) issued on 06 December
2011, the dispositive portion of which states;

WHEREFORE, premises considered, the Protest


filed by the Heirs of LEONIDO TUMAMAC,
Rep. by FELISA TUMAMAC-GULFDAN, et. al.
shall be as hereby it is DENIED. The F.P.A No.
086006-113 of HRS. of FRANCISCO TUMAMC
Rep. by ZOSIMA T. VEBORA should be
afforded further due course.

The case arose from the Protest filed by Leonido on 06 October


2008 against the Free Patent Appication (FPA) No. 086006-113 under
the name of the Appellees, Heirs of Francisco Tumamac (Francisco)
represented by Zosima T. Vebora, covering Lot No. 5257 (Lot 5257),
situated in Sitio Pagtuan, Brgy. Calawan-an, Daram, Samar
Containing an area of 87,060 sq. m.

On 29 October 2009, Francisco filed a Supplemental Protest 3


stating that the deceased spouses Francisco Tumamac and Severa
Elederos, parents of Zosima T. Vebora and grandparents of Noel T.
Vebora sold their land at Sitio Pagbabatu-an, Barangay Calawan-an,
Daram Samar to Leopoldo Tumamac, the deceased father of the

1
DENR folder
2
RED folder 117
3
RED folder 22
Franciscos. Francisco Tumamac and his nephew the son of the
deceased Leonido Tumamac, allegedly donated a portion of their
property with an area of 237,000 square meters to Emelia T. Zamora,
evidenced by a Deed of Donation executed by Francisco Tumamac
and Macario T, Perante4.

A Petition for cancellation of subdivision survey 5 dated 24


February 2010 was filed by Francisco. The Petition for cancellation of
subdivision survey alleges that a survey plan from 1973 was
prepared by the Leonidos in the name, and without the knowledge of
Francisco Tumamac over a piece of land designated as Lot 732, Pls
1067-D. The Petition further alleged that the survey was erroneous
because the land already had an approved survey in 1935, designated
as plan H-47837 in the name of Leonido Tumamac.

An Order6 dated 04 February 2009 from the Regional Technical


Director, Land Management Service of the Department of
Environment and Natural Resources Region VIII was issued, and
states:

WHEREFORE, premises considered, it is hereby ordered that


OCT No 17619 be projected on the approved cadastral map and
adjust affected lots in the following manner. Designate the area inside
lot 732 as lot 732 and the remaining area as lot 5257 in the names of
the Hrs. of Francisco Tomamac, the area inside 731 be designated as
lot 5258 in the name of Leonido Tomamac VS Quilopa Tomamac and
the remaining portion be retained as lot 731 in the name of Quilopa
Tomamac, and inside lot 728 be designated as 5259 in the name of the
Hrs. of Leonido Tomamac VS Francisco Garcia and the remaining
portion be retained as lot 728 same claimant. The Chief Technical
Records Section and the Chief Technical Services Section are hereby
ordered to effect the necessary corrections.

By Authority of the Secretary:

ATTY. MICHELLE ANGELICA D. GO


Assistant Secretary for Legal Affairs
pmd vbc mpa rbt

4
RED folder 17
5
RED folder 48
6
RED folder 43
DENR Case No. 9613 Page 2 of 2

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