REPUBLIC OF THE PHILIPPINES

Department of Environment and Natural Resources

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE
DENR- R13- ADS- 06- CENRO Bunawan, Agusan del Sur

LEDEN TUBONGBANUA, LOT NO. 1235-PLS-4

TRENTO, AGUSAN
DEL NORTE
Protestant,

-vs-

MSA- Unnumbered

VIRGINIA MIRANDA
Applicant.

X----------------------------------------------------------x

VERIFIED PROTEST

COMES NOW, herein PROTESTANT, LEDEN TUBONGBANUA by

undersigned counsel, most respectfully states:

1. Protestant, LEDEN TUBONGBANUA (Leden for brevity) of legal age,

Filipino, a resident of Purok 13 Isdaon, Trento, Agusan del Sur
Philippines is sibling of HERMIE TUBONGBANUA, of legal age,
Filipino, DANNY TUBONGBANUA, of legal age, Filipino; JOEL
TUBONGBANUA, of legal age, Filipino; MARIA RIMA
TUBONGBANUA, of legal age, Filipino; EMMIE TUBONGBANUA
of legal age, Filipino; RUBY TUBONGBANUA of legal age, Filipino;
JENNY TUBONGBANUA of legal age, Filipino. They are the children
of Spouses HERMINIO TUBONGBANUA (Herminio for brevity) and
GUILLERMA TUBONGBANUA (Guillerma for brevity) who died on
November 16, 2016 at Trento Agusan del Sur and August 8, 2016 at
Philippine General Hospital Agusan del Sur Philippines respectively;

2. Protestant, LEDEN, can be served with notices at the office address of

the undersigned counsel below indicated.

3. The protestant, LEDEN TUBONGBANUA, is asserting a bona fide

claim over the parcels of land having acquired the land by virtue of

pg. 1 VERIFIED PROTEST

 Extra-Judicial Settlement of the Estate of the Deceased Herminio
and Guillerma Tubongbanua with Waiver of Righs/Quitclaim 1
executed by and between the HEIRS of the late Herminio and Guilerma
(his siblings) marked as “Annex A” to prove that there was conveyance
made in his favor. The subject instrument was executed on November 28,
2017 before a Notary Public Attorney Jeffrey M. Demand with Doc No.
412; Page No. 62; Book No. XXI Series of 2017.

4. LEDEN had acquired the subject property from his predecessors’-in-

interest (siblings) who had held and possessed the same in their own right
and under a color of title acquired through intestate succession. Their
father having occupied in the concept of owner exercising dominion over
the said subject property as evidenced by Historical Assessment of the
Real Property Tax2 specifically Lot 1235, PLS-4, from the Provincial
Assessment and Treasury Office of Province of Agusan del Sur attached
herewith as “Annex B” to form integral part of the records hereof.

5. As can be gleaned from the records the declared owner was the late
HERMINIO TUBONGBANUA from the year 1974 up to the present
year of 2019 has still remained unchanged.

6. To further vouched actual occupancy of the protestant herein, a computer

generated REAL PROPERTY TAX BILLING STATEMENTS 3 for
the year 2003 up till present year 2019 is hereto attached issued by the
Office of the Municipal Treasurer of the Province of Agusan del Sur
marked as “Annex C” as well TAX DECLARATION OF REAL
PROPERTY4 and current OFFICIAL RECEIPT OF REAL
PROPERTY TAX dated December 3, 20195 marked as Annex D and
Annex D1 respectively, evincing payment of the recognized owner, the
father of the protestant, the late HERMINIO.

7. That up till present he and his co-heir HERMIE TUBONGBANUA

assigned as one of care-takers are now the occupants of the said land as
evidenced by a CERTIFICATION from the OFFICE OF THE
PUNONG BARANGAY6 marked as “Annex E” to prove that the
protestant had long been an occupant of Lot No. 1235-PLS4 containing
an area of One Hundred Thousand ( 100,000) square meters or 10.000
hectares more or less situated at Purok-13 Poblacion Trento, Agusan del
Sur;

1
Annex A, Copy of Extra-Judicial Settlement of the Estate of the Deceased Herminio and Guillerma Tubongbanua
with Waiver of Rights/Quitclaim
2
Annex B, Copy of Historical Assessment of the Real Property
3
Annex C, Copy of Real Property Tax Billing
4
Annex D, Copy of Tax Declaration of Real Property
5
Annex D1, Copy of Official Receipt of Real Property Tax
6
Annex E, Copy of the Certification from the Punong Barangay

pg. 2 VERIFIED PROTEST

 8. That herein protestant has been in actual possession and/or possession
occupation of Lot No. 1235 PLS-4 and that such possession and/or
occupation has been in open, public continuous and uninterrupted in the
concept of an owner since then as can be traced by the following prior
antecedents;

FACTUAL ANTECEDENTS

The records show the pertinent facts summarized below.

9. That the late HERMINIO TUBONGBANUA (his father) was the

actual occupant of the whole area Lot No. 1235 PLS-4 containing an area
of One Hundred Thousand (100,000) square meters or 10.000 hectares
more or less situated at Purok-13 Poblacion Trento, Agusan del Sur.

10.That there were efforts of HERMINIO to apply for homestead patent but
upon inquiry thereof another applicant appeared to have applied first in
the name VIRGINIA MIRANDA.

11.There were efforts on his part to meet with the applicant VIRGINIA
MIRANDA but her presence cannot be located as no address was
indicated thereto.

12.As there were no objections from any claimant nor from the applicant
VIRGINIA, so the late HERMINIO still cultivated the land and
exercise dominion over it including payment of real property taxes until
his demise.

13.That the HEIRS of HERMINIO wanting to finally continue with the

application of their father went to Community Environment and Natural
Resources Office of Bunawan Agusan Del Sur to further inquire the
status of the subject land.

14.That upon verification by the protestant from CENRO, indeed the lot was
applied by certain VIRGINIA MIRANDA, but no details as to her
residency was found on the records as disclosed by CERTIFICATION7
from CENRO which is hereto attached as “Annex F” to form integral
part of the records hereof.

15.That dissatisfied with the information from CENRO, the protestant made
inquiry with the Office of the Punong Baragay as to the whereabouts of
the said applicant but the same the CERTIFICATION8 from the Office
shows that no VIRGINIA MIRANDA was residing actually, near or
within the area of Purok 13, Poblacion, Trento, Agusan del Sur as

7
Annex F, Copy of Certification from CENRO
8
Annex G, Copy of Certification from Punong Barangay

pg. 3 VERIFIED PROTEST

 evidenced by the Certification attached herewith as “Annex G” to form
integral part of the records hereof.

16.That to further bolster the inexistence of VIRGINIA MIRANDA, the

protestant even made inquiry with the MUNICIPAL PLANNING
DEVELOPMENT COORDINATOR OFFICE as to the whereabouts
of the said applicant but the same the CERTIFICATION9 from the
Office yields that no VIRGINIA MIRANDA was residing in the
municipality of Poblacion, Trento, Agusan del Sur as evidenced by the
Certification attached herewith as “Annex H” to form integral part of the
records hereof.

17.It can only be deduced thereof hat the applicant appearing thereto in the
name of VIRGINIA MIRANDA, had never occupied much less
introduced any improvements thereon up to the present in violation of
public land laws;

18.That being a non-occupant thereof for several years she had lost her
preferential rights on the ground of latches which is a valid ground for
the automatic cancellation of her pending application and in lieu thereof,
it is hereby invoked that the late protestant’s application through the new
owner LEDEN TUBONGBANUA be given due course;

19.That LEDEN TUBONGBANUA, with the death of GUILLERMA on

August 8, 2016 and that of HERMINIO TUBONGBANUA, who died
intestate on November 16, 2016 in Trento Agusan del Sur, the HEIRS
had conveyed and ceded their rights and interest over the said parcels of
land to him by virtue of an EXTRA-JUDICIAL SETTLEMENT
AMONG HEIRS OF THE LATE HERMINIO TUBONGBANUA
and GUILLERMA WITH WAIVER OF RIGHTS/QUITCLAIM
above- cited ( see Annex A ) executed by and between LEDEN
TUBONGBANUA herein referred to as representative/applicant for the
said lots and HERMIE TUBONGBANUA, DANNY
TUBONGBANUA,JOEL TUBONGBANUA, MARIA RIMA
TUBONGBANUA, EMMIE TUBONGBANUA, RUBY
TUBONGBANUA,JENNY TUBONGBANUA referred to as the
HEIRS.

20.That attached hereto is also a JOINT AFFIDAVIT OF TWO

DISINTERESTED PERSONS10 marked as “Annex H” to testify that
the protestant applicant and his predecessor- in- interest had actually
resided, cultivated and introduced improvements on the said lots under a
bona fide claim of acquisition of ownership of the subject land for at
least forty-five (45) years from 1974 up to present year 2019.
9
Annex H, Copy of Certification from MPDO
10
Annex H, Copy of Joint Affidavit of Two Disinterested Persons

pg. 4 VERIFIED PROTEST

 PRAYER

WHEREFORE, premises considered, PROTESTANT, most

respectfully prayed that that this Honorable Office grant the foregoing
Protest and that a resolution be issued to recognize the new applicant
LEDEN TUBONGBANUA to be a legitimate, rightful and deserving
applicant for the said parcels of land for the titling thereof.

IN WITNESS WHEREOF, I hereto set my hand this 12th day of

November 2019 at Tagum City, Philippines.

Tagum City for Trento Agusan del Sur.

POTENCIANO BOB Q. OTAZA, JR.

Counsel for the Protestant
Roll of Attorneys No. 70450
IBP No. 056870/12-13-2018;
PTR No. 2470009/01-03-2019
Ground Floor Sollano Building
Quezon Street, Tagum City

With Conformity of:

LEDEN TUBONGBANUA
Occupant/Representative

Republic of the Philippines)

City of Tagum) Sc.
x---------------------------------------------x

VERIFICATION/CERTIFICATION

I, LEDEN TUBONGBANUA, Filipino, of legal age, Filipino, a resident of Purok

13 Isdaon, Trento, Agusan del Sur Philippines after having been duly sworn in
accordance with law, depose and say:

1. I am the PROTESTANT in the above-entitled case;

pg. 5 VERIFIED PROTEST

 2. I have caused the preparation of this VERIFIED PROTEST;

3. I have read and understood the contents of the same and that the
allegations stated therein are true and correct to the best of my personal
knowledge and based on the authentic records;

4. That I hereby certify that at the time of the filing of this VERIFIED
PROTEST , I have not commenced any other action involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal
or agency; that to the best of our knowledge, no such action is pending
or was terminated in the Supreme Court, similar action has been

5. filed or is pending in the Supreme Court, the Court of Appeals, or any

other tribunal or agency wherein the original pleading and sworn
certification has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 9th

day of December, 2019 at Tagum City, Philippines.

LEDEN TUBONGBANUA
Affiant

SUBSCRIBED AND SWORN to before me this ______ day of December

2019 at Tagum City Philippines, affiant exhibiting to me his valid competent
identity such as _____________________ issued on _______________ at
___________________. I hereby certify that I have examined the Affiant and that I
am fully satisfied that she has voluntarily executed and understood the contents of
this Verified Protest.

pg. 6 VERIFIED PROTEST