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Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM
Department of Agrarian Reform Adjudication Board
Regional Office No. 02
Tuguegarao City, Cagayan

ERLINDA MOLINA DE LEON, Adm. Case No. _________

Plaintiff,

-versus-

EVANGELINE LAYUGAN MOLINA,

Defendant.
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COMPLAINT

PLAINTIFF to this HONORABLE ADJUDICATION BOARD

respectfully states:

1. Plaintiff is of legal age, married, Filipino citizen and residing at

Blk. 56 Lot 24 Phase III, San Rafael V, San Jose, Del Monte,
Bulacan;

2. Defendant is of legal age, Filipino citizen and residing at

Awallan, Baggao, Cagayan where she may be served with
summons, notices, orders, judgment and other legal processes;

3. Felipe Molina was the original owner of a parcel of agricultural

land identified as Lot No. 2079 located at Awallan, Baggao,
Cagayan with an aggregate area of 3.5196 hectares duly covered
by Original Certificate of Title No. 303 in his name;

4. Felipe Molina died intestate sometime in 1961. He was survived

by children named Felicissimo, Patrocinia, Inocencio and
Fernandico, all surnamed Molina, to whom the aforesaid
property has devolved by intestate succession;

5. In 1961, the surviving legal heirs of Felipe Molina executed an

“Extrajudicial Settlement with Simultaneous Sale” (ANNEX “A”)
where Lot No. 2079 (identical with Lot 1) with an area of 3.5196
hectares was sold to Fernandico Molina for a valuable
consideration;

6. The sale was consummated in the sense that Lot 2079 was
delivered to Fernandico Molina right after the execution of
ANNEX “A” from whence Fernandico Molina exercised dominical
and possessory rights thereon until his death in 1973;

7. Fernandico Molina was survived by his wife Juanita Dela Cruz

Molina and children Erlinda Molina De Leon, Zenaida Molina
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Barateta, Fernandico Molina, Jr. (now deceased), Vilma Molina

Aduna, Joselito Molina and Aurora Molina Bhojwani;

8. After the death of Fernandico Molina in 1973, Amador Molina,

who is the deceased husband of defendant Evangeline Layugan
Molina, cultivated Lot 2079 with an area of 3.5196 hectares
until his death in 2005;

9. Amador Molina was only giving twenty (20) sacks of palay

annually as rental for the 3.5196 hectares agricultural land he
was tilling;

10. Amador Molina, however, failed or refused to give to the heirs

of Fernandico Molina the rentals that pertain to the second crop,
hence, the plaintiff and her co-heirs was deprived of the rentals
that are due for the second cropping;

11. Defendant stopped giving the rentals in 2015 for no justifiable

reason and despite repeated demands to the extreme damage
and prejudice of the plaintiff and her co-heirs;

12. Plaintiff was thus deprived of the rentals that are due on the
subject agricultural land from 1973 to the present for a total
rental of One Thousand One Hundred Sixty (1,160) cavans of
palay at forty six (46) kilos per sack or its monetary equivalent
in the sum of Nine Hundred Seven Thousand and One Hundred
Twenty Pesos (Php907,120.00);

13. In year 2015, the defendant have unjustifiably refused to give

the rentals that are due claiming that the plaintiff and her co-
heirs have already been fully paid as of 2003;

14. Plaintiff and her co-heirs are likewise entitled to the value of
Lot 2079 with an area of 3.5196 hectares and it would be unfair
to issue the certificate of title to the defendant unless and until
it is settled;

15. Plaintiff exhausted all remedies that are available such as

bringing the dispute at the level of the BARC, MARO and PARO
to no avail and persistently demanded from the defendant her
claims for unpaid rentals and unpaid value of the land but the
latter, for no justifiable reason, have consistently refused to
comply with such demand;

16. Plaintiff was thus constrained to engage the services of

counsel for an agreed professional fee of One Hundred Ten
Thousand Pesos (Php110,000.00) and a per appearance fee of
Five Thousand Pesos (Php5,000.00).
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PRAYER

WHEREFORE it is respectfully prayed unto this HONORABLE

ADJUDICATION BOARD, after due notice and hearing, that a judgment
be rendered:

1. Ordering the defendant to pay to the plaintiff the sum of

Nine Hundred Seven Thousand and One Hundred Twenty
Pesos (Php907,120.00) as and by way of unpaid rentals;

2. Ordering the defendant to pay to the plaintiff the value of

the land as may be fixed in accordance with law;

3. Ordering the defendant to give to the plaintiff a yearly

rental of One Hundred (100) sacks of palay at forty six (46)
kilos per sack from 2015 until this case is finally decided
or its monetary equivalent;

4. Ordering the defendant to pay to the plaintiff the sum of

One Hundred Ten Thousand Pesos (Php110,000.00) as
attorneys fees plus a per appearance fee of Five Thousand
pesos (Php5,000.00);

5. Ordering the defendant to reimburse to the plaintiff her

necessary litigation expenses plus cost of suit; and

6. Granting such other reliefs just and equitable under the

premises.

Tuguegarao City, Cagayan – March _____, 2016

ATTY. VICTOR R. SALUD

Counsel for the Plaintiff
Door 11, 2nd Floor, Palatan Bldg.
Maharlika Highway, Carig Sur
Tuguegarao City, Cagayan
Roll of Attorneys No. 32828
IBP No. 946869 – 11/9/15
PTR No. 1780612 – 1/4/16
TIN No. 116-096-541
MCLE Compliance No. IV-0013107
salud.victor@yahoo.com
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VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, ERLINDA MOLINA DE LEON, of legal age, widow, Filipino citizen

and residing AT Awallan, Baggao, Cagayan after first having been duly
sworn to in accordance with law depose and state:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation of the foregoing Complaint

by supplying all the facts of the case as alleged therein;

3. The contents therein are true and correct to the best of my

personal knowledge and based on authentic documents;

4. I hereby certify that I have not commenced any other

action or proceeding involving the same issue in any
tribunal or agency and no other action is pending in any
tribunal or agency and should I thereafter learn that a
similar action or proceeding has been filed or is pending in
any other tribunal or agency, I will undertake to report
such fact within five (5) days therefrom to the court or
agency wherein this complaint and verification and
certification have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_____ day of March 2016 in Tuguegarao City, Cagayan, Philippines.

ERLINDA MOLINA DE LEON

Plaintiff

SUBSCRIBED AND SWORN to before me this _____ day of March

2016 in Tuguegarao City, Cagayan, Philippines, the plaintiff exhibiting to
me her SSS ID Card No. 33-0578342-7 as competent evidence of identity.

Doc. No.
Page No.
Book No.
Series of 2016