The Negros Occidental provincial government, represented by Gov. Alfredo Marañon Jr., will ask the Regional Trial Court to issue a temporary restraining order and writ of preliminary injunction against the Register of Deeds to prevent it from annotating the fact of Comprehensive Agrarian Reform Program coverage on the title of a portion of the Negros First Ranch located in Murcia town.
Provincial Legal Officer Jose Ma. Valencia said the petition of the provincial government, is expected to be filed before the Bacolod RTC today.
On March 30, 2012 the provincial government became the owner of a 50-hectare lot to be used for its Negros First Ranch for cattle and sheep breeding, which was sold to it by George Arguelles.
The provincial government purchased the property to ensure the steady supply of food for the people of Negros, and has filed a petition for exemption of its property from CARP coverage, Valencia said.
He said the ROD move to annotate the provincial government’s property was based on the joint Department of Agrarian Reform and Land Registration Authority Memorandum Circular No. 17, Series of 2011 that provides for the annotation of adverse claims for agricultural lands distributed by DAR.
This is to warn potential buyers that the land is already subject to acquisition and distribution by DAR, he said, adding that the memorandum is in gross violation of existing laws.
Valencia said the provincial government is seeking the TRO and preliminary injunction to prevent the Register of Deeds from violating its rights and denying it due process of law.
Other planters have also filed for TROs against the Register of Deeds for moves to annotate their land titles without granting them due process, he added.
The ROD action without due process will cause a lot of problems with land owners, that is why the matter is being taken to court, Valencia said. *CPG
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