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    P E T I T I O N For Dumagat Case

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    Jan Ryle

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    P E T I T I O N For Dumagat Case

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    Jan Ryle
    45 views5 pages

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    P E T I T I O N For Dumagat Case

    Uploaded by

    Jan Ryle

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    © All Rights Reserved
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    of 5

    Republic of the Philippines

    COURT OF APPEALS
    Cagayan de Oro City

    DEPARTMENT OF AGRARIAN REFORM ___________________


    Herein represented by PROVINCIAL AGRARIAN
    REFORM PROGRAM OFICER (PARPO ) II
    MOHAMMAD DASSAN J. ADJU,
    Petitioner,

    -versus-

    SHERIFF VICENTE B. APOSAGA,


    Respondent.
    X - - - - - - - - - - - - - - - - - - - - - - - - - - -///

    PETITION

    COMES NOW, the Petitioner, by counsel, unto this Honorable Court,


    most respectfully alleges:

    1. That the herein petitioner, the Department Agrarian Reform


    Provincial Office (DARPO) Ipil, Zamboanga Sibugay, an
    instrumentality of the government with postal address at BLISS
    Site, Ipil Heights, Ipil, Zamboanga Zamboanga Sibugay,
    Philippines, while the respondent Vicente B. Aposaga, Jr. is being
    sued in his official capacity as Sheriff of Branch 24, Regional Trial
    Court 9th Judicial Region, Ipil, Zamboanga Sibugay, Philippines and
    may be served with summons and other processes of this
    Honorable Court at the Office of the Sheriff, Regional Trial Court of
    Zamboanga Sibugay Brach 24, Ipil, Zamboanga Sibugay;

    2. That Petitioner DAR covered a portion of lot 727-D-7 with an area


    of 8.6608 has. under the Operation Land Transfer (OLT) Program
    of the government pursuant to Presidential Decree No.27, said lot
    being a tenanted rice and corn area;

    3. That in the process, the following were identified by the DAR as


    farmer-beneficiaries and were correspondingly issued with
    1
    Emancipation Patents , namely:

    Name of TCT No./EP No. Lot No. Area/Ha. Location


    Farmer-
    Beneficiary
    Nicolasa E- 727-D-7-C 3.1702 Sanito, ipil,
    Dumagat 34,085/630202 Zamboanga
    Sibugay
    Felisa E- 727-D-7-D 2.6601 -do-
    Dumagat 34,086/630203
    Charlito E- 727-D-7-E 2.8928 -do-
    Dumagat 34,087/630204

    1
    Annexes ``A``; ``B``; and ``C``
    4. That a Certificate of Full Payment2 was even issued by the Land
    Bank of the Philippines evidencing their full ownership of their
    respective area;

    5. That as the government entity mandated to implement the agrarian


    reform program, it is likewise the duty of the DAR to secure and
    protect the security of tenure of the beneficiaries of the program to
    ensure that their rights as such, are not trampled upon;

    6. That the DAR was not able to intervene during the trial proper of
    the Civil Case No. I-222 for Declaration of Nullity of Deed of Sale
    and Cancellation of Title between the Heirs of Bartolome Montero
    vs. FD Luisito Company, Inc. for lack of knowledge of the existence
    of such case until after a Writ of Demolition3 was issued in favor of
    Plaintiffs Montero and against the actual occupants-farmer-
    beneficiaries and their heirs;

    7. That even the affected Farmer-beneficiaries were not given notice


    that a pending litigation involving their area occupied and tilled; and
    that from 1970 up to the issuance of a Writ of Execution4 on
    October 31, 2013, they were in actual and peaceful possession of
    the premises without receiving any challenge to their possession;

    8. That unless a Temporary Restraining Order or Writ of Preliminary


    Injunction is issued enjoining respondent from making any further
    acts of Demolition or disturbing the peaceful possession of our
    Farmer-beneficiaries over the area mentioned above, the
    Dumagats are certain to suffer grave injustice and irreparable
    damage and injury incapableof pecuniary estimation;

    9. That to allow the respondent to proceed with the execution of the


    Writ of Demolition will amount to serious injustice to our Farmer-
    beneficiaries who would be deprived of their possession of the land
    awarded to them pursuant to P.D. 27, without them being given
    their day in court;

    10. That finally, to allow the act of demolishing their houses and
    ousting them from their area of tillage will not only deprive them of
    their means of livelihood but likewise tantamount to a mockery of
    justice to an institution whose mandate is to implement agrarian
    reform laws to benefit those marginalized sectors of society.

    PRAYER

    2
    Annex ``D``
    3
    Annex ``E``
    4
    Annex ``F``
    WHEREFORE, premises considered, it is most respectfully prayed
    that an Order be issued to wit:

    1. GRANTING the preservation of the status-quo by restraining the


    respondent Sheriff from committing acts, specifically that of
    demolishing the houses standing thereat and ejecting or disturbing
    the actual and peaceful possession of the Farmer-beneficiaries, the
    Dumagat family, over the premises involved pursuant to the Writ of
    Demolition issued in Civil Case No. I-222 wherein they were not
    impleaded as parties-respondent;

    2. That the DAR be allowed to intervene in case a new trial or a relief


    from judgment be sought upon by the affected Farmer-beneficiaries
    as the case maybe and if allowed by this Honorable Court.

    3. That a Temporary Restraining Order be immediately issued ex


    parte due to the exigency of the matter.

    Such other relief and remedies, just and equitable under the premises
    are likewise prayed for.

    Ipil, Zamboanga Sibugay, this ____ day of _________________,


    2018, for Ipil, Zamboanga Sibugay, Philippines.

    MOHAMMAD DASSAN J. ADJU


    Petitioner

    THE BUREAU OF AGRARIAN LEGAL ASSISTANCE


    DAR Provincial Office, BLISS Site, Ipil Heights, Ipil,
    Zamboanga Sibugay

    By:

    ATTY. JOHNALD Z. SALOMON

    Republic of the Philippines


    Province of Zamboanga Sibugay
    Municipality of _____________)SS.
    X - - - - - - - - - - - - - - - - - - - - - - - - - - //

    VERIFICATION/CERTIFICATION ON NON-FORUM SHOPPING

    I, MOHAMMAD DASSAN J. ADJU, of legal age, Filipino, married


    and with post office address at DAR Provincial Office, BLISS Site, Ipil
    Heights, Ipil Zamboanga Sibugay, under oath states:

    1. That I am the Petitioner in the above-entitled Petition; I have


    caused the preparation of the foregoing petition; and that I have
    read the same and that all the allegations contained therein are
    true and correct to the best of my personal knowledge and belief
    and based on authentic records;
    2. In compliance with Section 5, Rule 7 of the l997 Rules of Civil
    Procedure, I hereby certify that I have not commenced any other
    action or proceeding involving the same issues in the Supreme
    Court, the Court of Appeals, or any other tribunal or agency; that if
    I should learn that a simi8lar action is pending before the Supreme
    Court, the Court of Appeals, or any other tribunal or agency, I
    undertake to report that fact within a five (5) days therefrom to the
    Honorable Court.

    IN WITNESS WHEREOF, I have hereunto set my hand on this


    ____day of __________, 2019 at Ipil, Zamboanga Sibugay,
    Philippines.

    MOHAMMAD DASSAN J. ADJU


    Affiant

    SUBSCRIBED and SWORN to BEFORE ME, Notary Public, for


    and in the Province of Zamboanga Sibugay, Philippines, this
    ____day of ________, 2019. Affiant personally came and
    appeared and exhibited to me his DAR ID No.________issued
    by____________, known to me and to me known to be the same
    person who executed the foregoing verification/certification before
    and vowed under penalty of law to the whole truth of the contents
    of the above Petion.

    Doc. No.____
    Page No.____
    Book No.___
    Series of 2019
    AFFIDAVIT OF MERIT

    I __________________, Filipino, of legal age, resident of ___________,


    Philippines, being duly sworn in accordance with law, declare and state
    that:

    1. That I am the Present Provincial Agrarian Reform Program


    Officer II of DAR Provincial Office, Ipil, Zamboanga Sibugay;

    2. That the DAR was the Agency tasked to implement Agrarian


    Reform Programs of which Presidential Decree No. 27 is a part
    of;

    3. That the affected persons of the Writ of Demolition are our


    farmer-beneficiaries of the Operation Land Transfer (OLT)
    Program;

    4. That the identification of these farmers as recipients/awardees


    of the Emancipation Patents (EPs) were done in the early
    1970’s although the titles were issued later;

    5. That to allow the demolition to prosper will cause irreparable


    damage and loss of means of livelihood for the Dumagats;

    6. That likewise this act is tantamount to assailing our programs


    which the government mandated us to perform.

    IN WITNESS WHEREOF, I have hereto set my hand this


    ________ day of __________, 2019. Ipil, Zamboanga Sibugay,
    Philippines.

    _______________
    Affiant

    Doc. No.___
    Page No.___
    Book No.___
    Series of 2019

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