Sitio Cebuano Agrarian Reform Beneficiaries Association Incorporated

SCARBAI Facts

·        The case is about the land dispute between land owners Candelario B. Damalerio and Lydia Congson versus SCARBAI members.

·        The land in dispute is located in Brgy. Maribulan, Alabel, Sarangani Province with a total land area of 102.0773 ha. The said land was mortgage to an amount of 229,000,000.00pesos.

·        The SCARBAI community comprises of 33 family members

Chronology of Events

·        1985 – SCARBAI was organized

·        1988 the SCARBAI request for help from JP

·        May 8, 1996 – the DAR sent notices to appellees (land owners) informing the latter that their landholdings were subjected to compulsory acquisition under the CARL. Appellees filed a protest to the coverage with the DAR Regional Director at Davao City

·        Febuary 14, 1997 – Sangguniang  Bayan of the Municipality of Alabel, Sarangani enacted Municipal Ordinance No. 97-08, reclassifying the subject property to residential

·        On March 2, 1998 – Sagguniang Panlalawigan of Sarangani Province enacted Provincial Resolution No. 98-018 approving ordinance No. 97-08

·        January 8, 1999 – RTC denied the motion for reconsideration/set aside by SCARBAI

·        January 11, 1999 – DAR secretary suspended the issuance of land use conversion

·        March 3, 1999 – Regional Office issued a memorandum directing the Provincial Agrarian officer (PARO) of Sarangani Province to proceed with the documentation of the subject property. Appellees opposed the documentation.

·        June 29, 1999 – Resolution DAR Director Rodolfo T. Inson Region XI Office which denied the petitioners’ (land owners) protest to placing their real properties under the coverage of  CARP

·        July 26, 1999 – petitioners’ file their motion for reconsideration of the said resolution of DAR Region XI Office

·        August 23, 1999 Resolution of  DAR Director Rodolfo T. Inson Region XI Office denying the petitioners’ (landowners) motion for reconsideration

·        June 20, 2001 – RTC has given its decision in favor of the land owners

·        July 23, 2001 – Respondents (SCARBAI) filed their notice of appeal to the Court of Appeals

·        August 12, 2002 – Petetioners’ (land owners) filed their memorandom

·        September 5, 2005 – The Court of Appeals rendered its decision in favor of the SCARBAI

·        December 6, 2006 – Court of Appeals made a resolution denying the motion for reconsideration filed by the Land owners

·        December 10, 2008 and February 20, 2009 – Supreme Courts had made a resolution in favor of SCARBAI and the decision have been recorded in the Book of Entries of Judgments respectively.

·        Present – with the decision in favor of SCARBAI community, they are now ready and looking forward to go into process of CARP.