Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
Region V
Masbate City

________________________, D-05-0505-___-RL-___,
Plaintiffs,
-for-
-versus-
ILLEGAL EJECTMENT/DAMAGES/
PAYMENT OF IMPROVEMENTS
INTRODUCED/DISTURBANCE
COMPENSATION/SUPERVISION
OF HARVEST/ISSUANCE OF
PRELIMINARY MANDATORY
_________________, INJUNCTION.
Defendants.
X- - - - - - - - - - - - - - - - - - - - - - - - X

ORDER

This resolves the Motion for Reconsideration dated _________, filed by

defendants, seeking reconsideration of the Presiding Adjudicator’s Decision dated
__________, the dispositive portion of which reads, as follows:

“WHEREFORE, judgment is hereby rendered:

1. Declaring complainants __________________ as bona fide tenants

on the landholding subject of this case;

2. Ordering the immediate re-instatement of the complainants to the

subject landholding;

3. Ordering the respondents and any other person(s) acting for and in
their behalf to respect the peaceful possession and cultivation of
complainants over the subject landholding;

4. Directing the MARPO of ________, Masbate, to assist the parties

in the execution of Leasehold Contract of the subject land in
accordance with DAR Guidelines.

5. No Cost.

SO ORDERED.”

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 The main argument raised by the defendants/movant essentially says that
plaintiffs committed gross violation of tenancy relation by cutting coconut trees
without the consent of the landowner. Such violation warrants the ejectment of the
plaintiffs as tenants.

In his opposition to the Motion for Reconsideration, plaintiff through

counsel argues that the cutting of trees inside the tenanted land is not a ground for
ejectment of tenants. Further, the mediation/conciliation proceedings before the
Barangay cannot be used as evidence before the Courts or Adjudication Office.

Apparently, the assigned errors had been thoroughly discussed in the

assailed decision and hence there is no cogent reason to disturb the same.

WHEREFORE, for want of merit the Motion for Reconsideration, dated

____________, is hereby DENIED. The decision of the Adjudicator on this case
dated ___________, stands.

SO ORDERED.

Office of the Provincial Adjudicator, Nursery, Masbate City, June 24, 2020.

______________________
Presiding Adjudicator

Copy furnished:

____________
____________
____________

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