Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD (DARAB)
Provincial Agrarian Reform Office
San Francisco, Agusan del Sur
CARAGA REGION XIII

CLEMENTE C. CABILOGAN, JR. DARAB CASE NO. _______

Petitioner,
Versus FOR:
CORRECTION OF CLOA
No. 00698918
DAR PROVINCIAL OFFICE
REP. BY PARO II JAMIL P. AMATONDING, JR.
AND REGISTER OF DEEDS OF
AGUSAN DEL SUR
Respondents.

x--------------------------------------------------x

PETITION

COMES NOW, the petitioner through the undersigned counsel unto his
Honorable Board most respectfully alleges:

1. That Petitioner is of legal age, Filipino and resident of Purok 4, Tabon-

Tabon, Sibagat, Agusan del Sur where he can be served with summons
and processes of this Honorable Board;

2. That public respondent Register of Deeds is a government entity duly

created in accordance with the law with postal address at Government
Center, Patin-ay, Prosperidad, Agusan del Sur;

3. That public respondent Department of Agrarian Reform represented by

PARPO II Leoncio C. Bautista, Jr. is a government entity duly created
in accordance with the law with postal address at Barangay 5, San
Francisco, Agusan del Sur;

4. That the petitioner is the identified farmer beneficiaries and registered

owner over a parcel of land denominated as Lot No. 78-E, Bsd-13-
000850 AR with TCT No. T-13757 covered under CLOA NO. 00698918
with an area of 0.4498 hectares situated in Brgy. Afga, Sibagat, Agusan
del Sur. Photocopy of the title is hereto marked as Annex “A” made as
an integral part of this petition;

5. That the name of the petitioner indicated in his registered Certificate of

Live Birth issued by the Philippine Statistics Authority is “Clemente C.
Cabilogan, Jr.”, same as “Clemente C. Cabilogan”, which is being used
 by herein petitioner in all his dealings as bona fide member of the
Senior Citizen Affairs and of the Philippine Health Insurance
Corporation (Phil Health). Copy of his Certificate of Live Birth is herein
attached as Annex “B”;

6. That at the time of the application of the petitioner to be the agrarian

reform beneficiary of the abovementioned parcel of land, the name
indicated and attested by him in the “CARP Form No. 4: Application to
Purchase and Farmer’s Undertaking” is “Clemente C. Cabilogan, Jr.”
Photocopy of aforementioned form is attached in this petition as Annex
“C”.

7. That contrary to petitioner’s registered name and the name written in

the abovementioned application, the abovementioned Transfer
Certificate of Title No. T-18185 is issued under the name “Clemente
Cabilogan”;

8. That the name “Clemente Cabilogan” printed in TCT No. T-18158 and
“Clemente C. Cabilogan, Jr.” indicated in petitioner’s Certificate of Live
Birth refer to one and the same person who is the petitioner herein.
Affidavit of Disinterested Persons regarding one and the same person
is attached and marked as Annex “D” and made integral part of this
petition;

9. That Clemente Cabilogan who is the father of herein petitioner

Clemente C. Cabilogan, Jr is already deceased evidenced by the Death
Certificate attached herein as Annex “E”;

10. That the petitioner has already paid the filing fees. Copy of the
receipt is hereto attached and marked as Annex “F” and made as
integral part of this petition.

11. That DARAB rules of 2009 provides Section 1. Primary and

Exclusive Original and Appellate Jurisdiction

xxxx f. Those involving the correction, partition

xxxx of Certificates of Land Ownership Award
(CLOAs) and Emancipation Patents (EPs) which
are registered with the Land Registration
Authority; xxx

WHEREFORE, premises considered, after due notice and hearing, it is

most respectfully prayed to this Honorable Board that judgment be rendered:

1. Correcting TCT No. T-13757 by correcting the name of the identified

farmer beneficiary into:

CLEMENTE C. CABILOGAN, JR. from CLEMENTE CABILOGAN;

2. Directing the DAR to cause the correction on its records reflecting the
correct name of the petitioner as indicated in his registered Certificate
of Live Birth;

3. Ordering the Register of Deeds of Agusan del Sur to generate title in the
name of the identified farmer beneficiary who is herein petitioner in
accordance with his registered Certificate of Live Birth;

4. Granting such other reliefs as the Honorable Board may deem just and
equitable.

November 18, 2019 at San Francisco, Agusan del Sur, Philippines.

BUREAU OF AGRARIAN LEGAL ASSISTANCE

DEPARTMENT OF AGRARIAN REFORM
Provincial Agrarian Reform Office
San Francisco, Agusan del Sur

By:

SARAH JOY V. LUZON

Legal Officer
Counsel for the Petitioner

Under the supervision of

ROGER D. AÑASCO
OIC Chief, Legal Services Division
Republic of the Philippines }
Province of Agusan del Sur }

VERIFICATION

I, CLEMENTE C. CABILOGAN, JR. after having duly sworn to in

accordance with law hereby depose and say: that I have caused the preparation
of this Petition and have read and knew the contents thereof; all the allegations
therein are true to my personal knowledge and that there is no other action or
proceeding commenced or pending involving the same issues in the Supreme
Court, the Court of Appeals or any Tribunal or Agency.

CLEMENTE C. CABILOGAN, JR.

Affiant

SUBSCRIBED AND SWORN to before me this _____ day of ____ at San

Francisco, Agusan del Sur, Philippines, affiant/petitioner exhibited to me his
Senior Citizen Identification Card with Control number 18-47 issued.

Doc.___
Page No. ____ ______________________________
Book No. ____ Notary Public
Series of 2019