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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.
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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.
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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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