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LEGAL AFFAIRS OFFICE

PRELIMINARY CASE REVIEW

To : HEIRS OF ANTONIO T. UNCHUAN rep. by


CHARLIE UNCHUAN
Tupsan, Mambajao, Camiguin

THE PROVINCIAL AGRARIAN


REFORM ADJUDICATOR
DAR Adjudication Board Camiguin

Case Title : HEIRS OF ANTONIO T. UNCHUAN, Rep.


by CHARLIE UNCHUAN, Petitioners versus-
NICOMEDES TABAMO and SUSCESA L.
TABAMO, represented by heirs VERONICA
TABAMO-CABRERA, HEIDI TABAMO-
DICALAY; WENDA NAMBATAC, SEVERINO
TABAMO, and MARGIE TABAMO-MONTEJO,
THE SECRETARY OF AGRARIAN REFORM,
and THE REGISTER OF DEEDS OF
CAMIGUIN

Case No. : CANC 1004 0002 2012

The following are the results of the preliminary review of the case
conducted by this Office:

FINDINGSMissing

1. The following documents required under the pertinent rules


of this Department were not submitted:

Original copy of the Special Power of Attorney of ATTY.


TIBURCIO PALASAN JR.
Photographs of the Notice posted on the bulletin board
of the Barangay Hall and installed at a conspicuous
location along the premises of the landholding
UNCHUAN vs TABAMO
Page 2 of 4 pages
CANC 1004 0002 2012

Barangay certificate
2. The Provincial Agrarian Reform Adjudicator (PARAD) failed to
submit the Barangay certificate of posting of the required
Notice.

Verification signed
3. It was not clear whether or not the Notice to Comment
[was/were] served to the respondent/s.

DIRECTIVES

1. The Petitioner must submit to the PARAD the lacking


documents stated above within fifteen (15) days from receipt
hereof.

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2. The abovementioned Petitioner must submit a signed and
notarized Special Power of Attorney within fifteen (15) days
from receipt hereof.

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3. The PARAD must submit the Barangay certificate of posting
of the required Notice within fifteen (15) days from receipt
hereof.

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4. The PARAD must require its Sheriff to report in writing the
manner of service of the Notice to Comment to the
abovementioned respondents and submit the said report to
this Office. In case the said Notice was not served in
accordance with the pertinent rules, the PARAD is hereby
required to have the same served to the said respondents
anew.

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5. The PARAD is hereby required to have the Notice to
Comment served to the abovementioned respondents in
accordance with the pertinent rules.

DISMISSAL
UNCHUAN vs TABAMO
Page 3 of 4 pages
CANC 1004 0002 2012

Failure of the Petitioner to comply with the abovementioned


directives, specifically Directives number 1and 2, shall be a ground
for the dismissal of the Petition without prejudice.

ORDERED
SO ORDERED.

JUSTIN VINCENT J. LA CHICA


Assistant Secretary for Legal
Affairs

Date issued:
__________________________

Note that this is a result of the preliminary review conducted by


this Office on the case. It has yet to assess the merits of the
issues raised.

Copies furnished:

1. ATTY. TIBURCIO M. PALASAN JR.


Counsel for Petitioner
2/F Room 203, Obenza Bldg. Pabayo Cruz Taal Sts., Cagayan de Oro City

2. NICOMEDES TABAMO
SUSCESA L. TABAMO
represented by heirs
VERONICA TABAMO-CABRERA
HEIDI TABAMO-DICALAY
WENDA NAMBATAC
SEVERINO TABAMO
MARGIE TABAMO-MONTEJO
UNCHUAN vs TABAMO
Page 4 of 4 pages
CANC 1004 0002 2012

Private Respondents
Hubangon, Mahinog, Camiguin

3. ATTY. VITO M. CARILLO


Counsel for Private Respondents
Address

4. THE REGIONAL DIRECTOR


DAR Regional Office X
Macanhan, Carmen

5. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER


Office of the PARPO
DAR Provincial Office - Camiguin
Mambajao, Camiguin

6. THE REGISTER OF DEEDS


Mambajao, Camiguin