Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD (DARAB)
Office of the Provincial Adjudicator
Province of Agusan del Norte, J. Rosales Avenue,
Butuan City, CARAGA Region XIII

DOMINADOR MORDENO, DARAB Case No. LV-XIII (02) 7604

Petitioner,
For: JUST COMPENSATION
- versus –

LAND BANK OF THE PHILIPPINES,

Respondent.
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POSITION PAPER

“Notably, just compensation in expropriation

cases is defined " as the full and fair
equivalent of the property taken from
its owner by the expropriator. The Court
repeatedly stressed that the true measure is
not the taker's gain but the owner's loss.
The word 'just' is used to modify the
Meaning of the word 'compensation' to
convey the idea that the equivalent to be
given for the property to be taken shall be
real, substantial, full and ample.”

The Petitioner, through the undersigned Counsel, unto this Honorable Court,
most respectfully aver, that:

1. The Petitioner received an Order from the Provincial Adjudicator on July 13,
2020 to submit his respective Position Paper within the period 30 days reckoned
from receipt of such Order;

2. The Petitioner sought the legal assistance of the undersigned Counsel only
within few days before the deadline of the submission of the aforestated
pleading/document;

3. The Counsel together with the Petitioner are still in the process of gathering
evidence including papers and documents to be incorporated to the latter’s
Position Paper;
 4. As of July 28, 2020, the City Government of Butuan declared and placed the 36
Barangays of the city of Butuan under Modified Enhanced Community
Quarantine, wherein the office of the Provincial Adjudicator is located;

5. Due to the travel limitations imposed by the Butuan City – LGU as well as the
threat or risk of exposure to Covid-19, the Petitioner has had difficulties in
meeting personally with the undersigned for legal consultation as well as in
the gathering of evidence;

6. In the highest interest of justice and equity, the Petitioner may be accorded
more time to prepare his case considering the health and safety risks due to
Covid-19.

WHEREFOR PREMISES CONSIDERED, the Petitioner most respectfully pray

that the Honorable office of the DARAB Provincial Adjudicator favorably GRANT this
Motion and give the Petitioner the additional 15 days to submit the required Position
Paper, reckoned from the date it becomes due or on AUGUST 28, 2020 (Friday).

Other reliefs which are just and equitable in the premises are also prayed for.

Butuan City.

August 11, 2020.

Atty. JUDERICK C. RAMOS

Counsel for the Petitioner
Roll No. 72541
IBP No. 052652/01-03-20, Butuan City
PTR No. BC 1891786/ 01-03-02, Butuan City
MCLE Compliance – On going
TIN No. 273-030-150-000

c/o Uhland Loans Corporation Building,

1st Street Guingona Subdivision,
Brgy. 25 Jose P. Rizal,
Butuan City,
Agusan del Norte,
8600

cc:

Atty. Raymund P. Tiu

Land Bank of the Philippines
AGRARIAN OPERATION CENTER – Region 10
Velez – Luna Sts., Cagayan de Oro City

EXPLANATION
 The copies of this MOTION FOR EXTENSION TO FILE POSITION PAPER
were not served personally because of the health and safety risks posed by Covid-19.
Further, it would be time consuming, costly and impractical to serve it via personal
service due to the distance involved therein.

JUDERICK C. RAMOS