413 Phil. 711
PARDO, J.:
"During her lifetime, the late Aurora Tinio-Reyes, mother of the petitioner, Jose T. Reyes (substituted by his heirs upon his death), owned several parcels of land consisting of twenty-four (24) hectares, more or less, situated at Gapan, Nueva Ecija. On 29 June 1977, Aurora Tinio-Reyes died testate. A last will and testament which she executed on 19 December 1971 was admitted to probate on 12 January 1973. An Order granting Letters Testamentary was issued on 24 November 1977. In said will, the testator bequeathed to her nine (9) children several parcels of land consisting of twenty-four (24) hectares, more or less, situated at Gapan, Nueva Ecija.On January 7, 1994, Jose T. Reyes elevated the case to the Court of Appeals via petition for review.[3]
"On 8 September 1978, a Project of Partition was executed by and among the surviving heirs. In the Project of Partition, a parcel of land covered by T.C.T. No. NT-110703 was assigned to the petitioner. Thus, the distribution of Aurora Tinio-Reyes' land were as follows:
"T.C.T. No. NT-110703 - Jose T. Reyes
"T.C.T. No. NT-110704 - Manuel T. Reyes
"T.C.T. No. NT-110705 - Luz Reyes Quiogue
"T.C.T. No. NT-110706 - Felicidad Reyes-Gonzales
"T.C.T. No. NT-110707 - Lydia Reyes-Buencamino
"T.C.T. No. NT-110708 - Anita Reyes-Inciona
"T.C.T. No. NT-110709 - Alicia Reyes-Maceda
"T.C.T. No. NT-110710 - Josefina Reyes-Fajardo
"T.C.T. No. NT-110711 - Aurora Reyes-Mariano
"Subsequently, the Probate Court issued an order closing the administration of the estate. During the probate proceedings of the testator's will, no one contested or challenged the said will.
"On 28 February 1979, the petitioner's brother, Manuel T. Reyes, was issued T.C.T. No. NT-158798. From the said parcel of land, there were three transfer certificates of title which were issued. Two portions of the subdivided parcel of land, (T.C.T. No. NT-161175 and T.C.T. No. NT-161176), were sold to one Francisco L. Buena, while the other portion covering T.C.T. No. NT-167714 was sold to Apolonio Crisostomo.
"Following his brother's example, the petitioner requested from the Register of Deeds of Cabanatuan City the issuance of a new transfer certificate of title in his name. However, as a pre-requisite to the issuance of a new certificate, a clearance from the Department of Agrarian Reform attesting to the non-inclusion of the land in the Operation Land Transfer was required. In the meantime, petitioner's sister, Josefina Reyes-Fajardo, entered into a tenancy agreement ("KASUNDUAN") with her tenants on September 30, 1988.
"In February 1991, Josefina Fajardo received a letter from the Municipal Agrarian Reform Officer which stated, inter alia, that: "Ayon po sa aming talan, ang lupang palayan na inyong pag-aari ay nasasakupan ng "Operation Land Transfer." It further stated that those who failed to exercise their right of retention as of 25 August 1985, may retain five (5) hectares. On the other hand, in response to the request of the petitioner for clearance or certification, the Provincial Agrarian Reform Office of Cabanatuan City issued his investigation Report and Recommendation to wit:"In resume therefore, it is respectfully recommended that the landholding of Josefina Reyes-Fajardo in her behalf and also in behalves (sic) of her sisters will remain as not covered by Operation Land Transfer (OLT) in view of the "Kasunduan" dated September 30, 1988, whereby they bind themselves that R. A. 6657 will be the law to be enforced upon them, while the landholding of Jose T. Reyes will remain as under Operation Land Transfer."The petitioner took exception to the recommendation of the Provincial Agrarian Reform Office and appealed to the Department of Agrarian Reform.
"December 16, 1988.
"On 26 March 1990, the petitioner was issued twelve (12) new transfer certificates of title, specifically, T.C.T. Nos. NT-211948 to NT-211959.
"On 29 August 1991, the respondent Secretary rendered the assailed Order sustaining the recommendation of the Provincial Agrarian Reform Office of Nueva Ecija. The Last Will and Testament not being registered prior to October 21, 1972 when P. D. No. 27 took effect, the respondent Secretary held that it did not bind third persons, much less the DAR, when the latter placed the 24 hectares of land owned by the deceased Aurora Tinio-Reyes under Operation Land Transfer. The said Order directed the immediate generation of the Emancipation Patents and their distribution."[2]
"WHEREFORE, the petition is GRANTED. The respondents are hereby ORDERED to GRANT the petitioner the corresponding certification of non-inclusion in the Operation Land Transfer.Hence, this appeal.[5]
"SO ORDERED."