04/02/2020
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transpired, which may have rendered the case herein moot and academic. The
petitioners reiterated that the relief they are after is their individual titles to the
areas they are currently occupying in the Calauit Island.
And, in their Compliance[55] the petitioners averred further that the issuance of the
CADT "in favor of the Tagbanua Indigenous Cultural Community amounts to an
affirmation and recognition of the property rights of their ancestors from whom
[they] traced their present individual claims." Thus, the petitioners claim that
there is factual and legal bases for this Court to proceed and confirm their
right of ownership over the subject properties in the Calauit Island.
On the other hand, the Office of the Solicitor General (OSG) for the respondent
Republic of the Philippines manifested that per Memorandum dated March 5, 2012
by the Regional Executive Director, DENR-IV MIMAROPA, the following are the
updates on the ground:
3. Verification made by this office on the status of occupation of the
Balik Calauit Movement (BCM) as stated in Civil Case No. 2262
particularly the forty-seven (47) defendants (Aurellano Agnes, et
al.) and as confirmed by Bgy. Chairman Gabarda of Bgy. Buluang
Busuanga, Palawan wherein Calauit Island is a Sitio of said
Barangay, disclosed that forty (40) are at present in the Calauit
Island and seven (7) are outside Calauit Island. The latter are
Eufricina Bello, Cherry Demesa, Eduardo Demesa, Jovita Gabarda,
Manuel Gabarda, Sr., Ismael Tradio and Rafaella Tradio who settled
to adjacent and other Barangay[s] of Busuanga, Palawan. Further,
of the forty-seven (47) BCM members, nine (9) of them were
already dead (Juana Apuen, Javier Austria, Conchita Barcebal,
Aurora Eco, Lydia Equia, Fausto Lledo, Matemo Loquib, George
Macanas and Juan Talorda) and one (1) was put in jail (Bonifacio
Equia) at the Provincial Jail in Puerto Princesa City x x x.
4. During the resettlement of BCM, Barangay[s] Halsey and Burabod in
Culion, Palawan are the barangay[s] which were identified as
resettlement sites. With this, some BCM members have applied and
awarded with titles. They are Eduardo Agnes, Espiritu Agnes,
Pantaleon Agnes, Filatea Apuen, Juana Apuen, Moises Apuen,
Alfredo Aunang, Javier Austria, Aurelio Bernal, Pablito Bogante,
Alfredo Canete, Bartolome Darol, Melecia Garcia, Modesto
Manlebten, Roberto Novero, Perlita Pabia, Pampilo Sabroso, Rodrigo
Sabroso, Ismael Tradio, Regalado Tradio, and Tirso Ustares, Jr.
aside from other land areas they have acquired in Busuanga,
Palawan x x x.
5. Recent documents acquired from National Commission on
Indigenous Peoples (NCIP)-Provincial Office, Puerto Princesa City
particularly the photocopied technical descriptions of the awarded
Ancestral Domain showed that the Island of Calauit as plotted by
this Office was covered by Certificate of Ancestral Domain Title
(CADT) R04-BUS-0308-062 bearing CADT-Lot No. 1-Ade-0403005-Gni covering 3,572.9731 hectares, more or less aside
from other islets included known as Lot No. 2-Maltanobong Islandelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61037
11/19