Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD

REGION III
Office of the Provincial Agrarian Reform Adjudicator
2nd Floor Hiyas Convention Center Annex
Malolos City, Bulacan
Branch I

MELODY P. RICO
Petitioner,

-versus- R-03-02-0454’2022
For: Dispossession with
prayer for
damages
NOEL MARIANO
Defendants,
x-------------------------- x

ANSWER
RESPONDENT received through personal service the 12 July 2022
Summons and Notice of Hearing issued by the Honorable Board and ordering the
respondent to submit sworn answer to the petition within ten (10) days after the
service of summons on 20 July 2022.

Thus, the respondent, through the Bureau of Agrarian Legal Assistance

unto the Honorable Board most respectfully aver the following answers to the
petition:

1. Respondent admits paragraphs 1 and 2

2.

3. Paragraph 5 of the complaint is admitted;

4. Paragraphs 6 and 7 are denied for lack of knowledge or information

to form belief as to the veracity and falsity thereof;

5. Paragraph 8 of the complaint is denied; it is the plaintiff’s counsel

who informed the respondent that the plaintiff is the new registered
owner of the subject landholding;

6. Paragraph 9 of the complaint is denied; offer of payment was made by the

respondent and it was the defendant who refuse to receive such
payment;

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 7. Paragraphs 10, 10.1 and 10.2 of the complaint are admitted with
qualification that respondent is still open for negotiation.

8. Paragraph 10.3 is admitted;

9. Paragraph 11 of the complaint is denied; the plaintiff has no
valid ground under Agrarian Laws to eject the respondent.

10. Paragraph 12 of the complaint is denied;

11. Paragraph 13 is denied; the plaintiff failed to establish that the

“refusal” of the respondent to pay the leasehold rentals is willful and
deliberate.

12. Paragraphs 14, 15, 16 and 17 are all denied.

DEFENSES

1. The respondent is the tenant of the subject landholding and such fact is
established by the 19 June 1978 Agricultural Leasehold Contract
between the previous landowner and the father of Eduardo Perez, Pedro
Perez, and the late mother of the respondent, Esperanza Perez.

Copy of the Agricultural Leasehold Contract between Pedro Perez

and Esperanza Peres is herewith attached as Annex “ ”

2. Upon the demise of Pedro Perez, he was succeeded by his son Eduardo
Perez as the new landowner of the subject landholding, the said
landholding was then under TCT No. 040-2015021116.

3. The tenancy relationship between Eduardo Perez and the respondent

continued as shown in the 18 October 2011 Decision of the Honorable
Board in DARAB Case No. R-03-02-0161’11 wherein the said Board
approved the Kasunduan between Eduardo and the respondent.

Copy of the 18 October 2011 DARAB Decision is herewith attached

as Annex “ ”

4. The above relationship is further supported by the 03 December 2012

Nilagdaang Kasunduan before the Barangay Agrarian Reform Council
(BARC) wherein Eduardo Perez declares that he recognizes and
acknowledge the respondent as his tenant and by the receipts showing
the respondent’s payment of rentals to Eduardo Perez and finally, the
Certification from BARC certifying the respondent as the tent of
EduardoPerez.

Copy of the Nilagdaang Kasunduan is herewith attached as Annex “

” and;

Copy of the receipts is herewith attached as Annex

“ ”

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 Copy of the Certification from BARC is herewith attached as Annex
“ ”

5. Section 10 of the Republic Act No. 3844 provides;

Section 10. Agricultural Leasehold

Relation Not Extinguished by Expiration of
Period, etc.- x x x

In case the agricultural lessor sells, alienates

or transfers the legal possession of the
landholding, the purchaser or transferee thereof
shall be subrogated to the rights and substituted to
the obligations of the agricultural lessor.

Therefore, the plaintiff as the new owner of the subject landholding

is subrogated to the rights and substituted to the obligations of the
previous lessor, Eduardo Perez.

6. As tenant of the plaintiff, the respondent is entitled to security of tenure.

7. Security of tenure is a legal concession to agricultural lessees which they

value as life itself and deprivation of their land holdings is tantamount to
deprivation of their only means of livelihood. Perforce, the termination
of the leasehold relationship can take place only for causes provided by
law.1

8. The allegation of the plaintiff that the respondent failed to pay leasehold
rentals is false and misleading for the reason that it is the plaintiff who
refuse to accept the payment offered by the respondent and that plaintiff
failed to show that the non-payment of rentals was willful and deliberate.

9. As a form of security, the respondent made a habit of depositing his lease

rentals to Manatal Multi-Purpose Cooperative which can be withdrawn
anytime in case the plaintiff decides to accept his payment to the lease
rentals.

Copies of the Deposit Slips issued by Manatal Multi-Purpose

Cooperative is herewith attached as Annex
“ ”

10. That the respondent is still willing to negotiate with the plaintiff with
respect to the disturbance compensation.

PRAYER

In view of the foregoing, the undersigned prays before the

Honorable Board to order the complainant to uphold the respondent’s

1
De Romero vs. C.A.

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 right as tenant to security of tenure and peaceful possession and
enjoyment of the subject landholding.

Other reliefs just and equitable under the premises are likewise being
prayed for.

20 JULY 2022, Baliuag for Malolos City, Bulacan

Submitted by: BUREAU OF AGRARIAN LEGAL

ASSISTANCE-DARPO BULACAN

By:

SALVADOR P. RAMOS
Attorney V, Chief Legal Division
Roll No. 49719
IBP No. 202171 02/24/22-23 Bulacan Chapter
MCLE Comp. No. VIII 0001619 11/20/2019
E-mail: office365chief.legalbulacan@dar.gov.ph

NIKKO FRANCHELLO J. SANTOS

Legal Officer I
Legal Assistance Division-DAR Provincial Office
B.S. Aquino Avenue, Bagong Nayon
Baliuag, Bulacan

THE CLERK OF THE BOARD

Department of Agrarian Reform
Adjudication Board
Region III
Malolos, Bulacan

Greetings!

Please submit the foregoing ANSWER, for the resolution of the Honorable
Board, sans oral arguments.

NIKKO FRANCHELLO J. SANTOS

COPY FURNISHED:

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ATTY. IMELDA C. MANALASAY
2ND Floor, Mishka Bldg., Guinhawa 3000
Malolos, Bulacan

ARMANDO E. BERNARDO JR.

No. 28 Coolidge St., Annapolis, Greenhills
San Juan, Metro Manila

EXPLANATION

Copy of the foregoing motion was sent to the other parties via accredited
courier because of the distance and lack of messengerial personnel to effect
personal service.

NIKKO FRANCHELLO J. SANTOS

VERIFICATION

Republic of the Philippines)

Baliuag, Bulacan ) s.s.

I, VIRGILIO PEREZ , of legal age, Filipino and resident of

Norzagaray, Bulacan, after having been sworn to in accordance with law, do
hereby depose and state that:

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

2. I caused the preparation and filing of the foregoing answer;

3. I have read and understood the contents thereof, to the best of my own
personal knowledge and belief, all the allegations therein are true and correct and
based on authentic records.

4. The factual allegations therein have evidentiary support or, if

specifically, so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery.

VIRGILIO PEREZ
Affiant

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 SUBSCRIBED and SWORN to before me this day
of JULY 2022, in Baliuag, Bulacan. Affiant exhibiting to me their proof of
identity.

NOTARY PUBLIC

Doc No.
Page No.
Book No.
Series of 2022

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