Republic of the Philippines
DEPARTMENT OF AGRARIAN REORM
ADJUDICATION BOARD
Office of the Regional Adjudicator
Ecoland , Davao City
LIBERATO ARAMBALA DARAB CASE No. XI-033-SP-99
Petitioner
-versus-
SATURNINA CANILLO
Respondent,
x------------------------------------------x
OPPOSITION TO RESPONDENT
NOTICE OF APPEAL DATED
09 AUGUST 2000 WITH PRAYER
FOR THE ISSUANCE OF WRIT OF EXECUTION
COMES NOW, petitioner through the undersigned Legal Officer,
unto this Honorable Office of the Regional Adjudicator, Davao City, most
respectfully submit this opposition and State;
1. That the Honorable Board promulgated its decision in the above-
entitled case on May 26, 2000 infavor of the petitioner and copy of that
decision was received by respondents on August 8, 2000;
2.That on August 10, 2000 a copy of respondent Notice of Appeal
dated 09 August 2000 was received by our office ( DAR Legal Division );
but
3. Lamentably, they filed the same before this Office of the DARAB
only on August 29, 2000 which is already beyond the (15) fifteen day
period provided under the NEW DARAB RULES and procedures. Thus,
the aforesaid Notice of Appeal of Respondent dated 9 August 2000 was
filed out of time; and
4. That considering the Notice of Appeal was filed out of time , the
decision dated May 26, 2000 in the above-entitled case have attained the
status of being final and executory.
WHEREFORE, premises considering, it is most respectfully prayed
unto this Honorable Board, to dismiss the respondent Notice of Appeal for
it was filed out of time and issuance of a writ of execution in the above-
entitled case is now therefore appropriate. Such other relief and remedies
that are just and appropriate under the premises.
General Santos City ( for Koronadal City ), November 20, 2000
BUREAU OF AGRARIAN LEGAL OFFICER
DAR Legal Division
General Santos City
By:
RAULITO T. GINOY
Legal Officer
Copy furnished:
ATTY. WILLIAM G. CARPENTERO
Padala, Davao City del Sur.
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
ADJUDICATION BOARD
Office of the Regional Adjudicator
Ecoland, Davao City
PABLO C. LLORADA and DARAB CASE No. XI-041-SP-99
INOCENCIO A. SALANG
Complainants,
-versus-
SUPREMO S. RUIZ and
ROY RUIZ,
Defendants,
x-------------------------------------x
MOTION TO ALLOW
COMPLAINANTS TO HARVEST
THE MATURED COCUNUTS
AND APPROPRIATE FOR THEMSELVES
THE PROCEEDS THEREOF
COMES NOW, complainants through the undersigned Legal Officer,
unto this Honorable Board, most respectfully state;
1. That the honorable Board have promulgated its decision in the
above-entitled case on 7th of June 2000 and the dispositive portion of which
is hereto quoted as follows, to wit;
“WHEREFORE, in view of the foregoing judgment is hereby
rendered in favor of the Complainant by ordering;
1. Respondents to respect the peaceful occupation/possession of the
complainants in the herein subject landholding covered by T.C.T.
No. T-7662 with an area of 77, 572 square meters more or less,
they being recognized/adjudged herein as de jure tenats therein;
2. The respondents to allow Complainants to perform all acts related
to cultivation and processing of copra which were prevented prior
to the filing of this case
3. The Municipal Agrarian Reform Officer of Alabel, Sarangani
province to convince the parties herein 9 Landowner and
Tenants ) for the execution of the leasehold Contract; and
4. The Provincial Sheriff of Sarangani Province with the assistance of
MARO of Alabel, Sarangani province the Barangay Agrarian
Reform Committee ( BARC ) Chairman of Maribulan, Alabel,
Sarangani Province, to implement this order and if necessary with
the assistance of P.N.P. of Alabel, sarangani Province.
SO ORDERED.
Given this 17th day of June 2000 at Koronadal South Cotabato.
(SGD) NORBERTO P. SINSONA
Regional Adjudicator
2. That defendants have grossly violated the aforegouated decision of
the Honorable Board; when the former in two ( 2 ) separate occasions
harvested the ripe/matured coconuts of the land subject of the case instant,
the first occasion was on June 15 and 16, 2000 wherein defendants together
with the some men entered the area and harvested those ripe coconuts
gathered/filed by complainants since February 1999 with an estimated
number of 15, 000 nuts; and the other one is on July 7, 2000 when
defendants hired harvesters to harvest the matured nuts of the land with an
estimated number of 15, 0000 to 20, 000 nuts , without giving the share of
the herein complainants. Please see attached machine copy of the police
blotters marked as Annex “ A” and “B” respectively, to form part of this
motion;
3. That complaints owing to the stoppage of their agricultural
activities in the area which is attributed much to defendants unlawful acts
is now facing collection charges against SILWAY COPRA TRADING,
payment of said amount lies in/ or depend upon if complainants will be
allowed by the Board to harvest the matured coconuts comes December
2000. See attached machine copy of the letter marked as Annexes “ C “ and
“ D “ respectively, of this motion.
4. Complainants prays for the kind benevolent heart of the
Honorable Adjudicator that they be allowed to harvest the matured nuts
this coming December 2000 to be able to cope up their indebtedness and
to have their Christmas meaningful. They are praying such gift from the
Honorable Board;
5. That under the DARAB NEW RULES OF PROCEDURE
specifically section 2 of Rule X so declares;
“ Section 2. No injunction to Restrain Tilling or Harvesting. In
Cases where the tenurial or its adjudicator shall not issue any
order land , or preventing or impawning the harvest without
providing him at least fifty percent ( 5 / ) of the net harvest.
In Cases where one or more persons claim right adverse
to the actual tiller on the landholding in question, any order
for supervision of the harvest shall provide at least twenty five
percent ( 25 / ) of the net harvest for the actual tillers.
The aforeguoted decision abundantly manifest that
complainants being actual tillers of the land should not be
prevented of their Agricultural activities particularly in
harvesting the mature nuts and should their be any harvest
made in the area, tenant should not be deprived at least 50 / of
the net harvest.
6. Complainants was able to prove up to the final stretch of the case
that they are de jure tenants of the defendants and have stayed and
developed the land for more than forty ( 40 ) solid years thus, public policy
dictates that complainants should not be prevented in their agricultural
activities in the area especially in harvesting the matured coconuts now that
they were adjudged de jure tenants by the Honorable Board.
WHERFORE, premises considered, it is most respectfully prayed
before this Honorable Board to allow the complainants to harvest the
matured nuts and appropriate the proceeds among themselves. However, in
the alternative let 50/ of the harvest be deposited with the DAR Cashier and
the other 50/ will be equally divided by the Complainants and defendants
until the case is finally resolved. Such other relief and remedies that are just
and appropriate under premises.
General Santos City ( For Koronadal City ) November 20, 2000
BUREAU OF AGRARIAN LEGAL ASSISTANCE
DAR Legal Division
General Santos City
Counsel for the Complainants
By:
RAULITO T. GINOY
Legal Officer I
NOTICE OF HEARING
The Clerk of the Board
DARAR, Koronadal, South Cotabato
ATTY. ROSALIO C. CARINO
Room 206, Arenas Bldg.
Pioneer Avenue, General Santos City
GREETINGS:
Please be informed that the undersigned will submit the foregoing Motion to the
Honorable Board for its Consideration and Approval immediately upon
receipt hereof without further argument from counsel.
RAULITO T. GINOY
Copy furnished:
ATTY ROSALIO C. CARIÑO
Room 206, Arenas Bldg.
Pioneer Avenue, general Santos City.
November 20, 2000
THE HONORABLE SECRETARY
ALFREDO LIM
Department of Interior and Local Government
Manila
SIR:
Attached herewith is our Complaint- Affidavit Charging administratively
MR. ROY RUIZ member of Fire Protection of General Santos City.
We hope that this Office will consider our efforts.
Very truly your.
PABLO C. LLORADA INOCENCIO SOLAMO
Complaint Complainant
November 20, 2000
THE HONORABLE DEPUTY OMBUDSMAN
4th Floor, A and C Building, Along Street.
Sta. Ana, Davao City
SIR:
Attached herewith is our Complaint- Affidavit Charging administratively
MR. ROY RUIZ member of Fire Protection of General Santos City.
We hope that this Office will consider our efforts.
Very truly your.
PABLO C. LLORADA INOCENCIO SOLAMO
Complaint Complainant
