Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD (DARAB)
Office of the Provincial Adjudicator
PROVINCE OF LANAO DEL NORTE
542 Pala-o, Iligan City

JAIME P. CORTADO DARAB CASE No.____

Complainant,
FOR:
RECOGNITION
- versus – OF TENANCY
RIGHTS

CLAUDIO VILLAZORDA
Respondent.

X----------------------------/

COMPLAINT

COMES NOW, Complainant, through the

Department of Agrarian Reform-Legal Division Services,
and unto the Honorable Provincial Adjudicator of Lanao
del Norte, most respectfully avers that:

1) That the complainant is of legal age, married, and a

resident of Purok 5, Barangay Lapinig, Kapatagan,
Lanao del Norte where he can be served with
summons, orders, notices and other processes of the
Honorable Provincial Adjudicator;

2) That the respondent is of legal age and domiciled at

Balili, Kapatagan, Lanao del Norte where he can be
served with summons, notices, orders and other
processes of the Honorable Provincial Adjudicator;

3) That the landholding is located at Purok 8,

Kapatagan, Lanao del Norte;

4) That the landholding, more or less, two (2) hectares,

is cultivated by the complainant with coconuts and

Jaime Cortado v. Claudio Villazorda, Page 1 of 6

 trees which are part of the owner’s cultivation or
retention area;

5) That the complainant claimed is a tenant and was

given consent when the respondent/landowner
allowed the former to cultivate the subject
landholding and perform agricultural activities. This is
further attested by the brother-in-law of the
respondent, APOLINARIO M. GIDA; (Herein
attached is a copy of Affidavit of Apolinario M. Gida,
marked as Annex “A”)

6) That the complainant continuously give 1/2 share of

the landowner, CLAUDIO VILLAZORDA; (Herein
attached is a copy of the Receipts of the sharing,
marked as Annex “B”)

7) That somehow on February 2018, at the same

tenanted land, the landowner, CLAUDIO VILLAZORDA
harvested the coconut fruits without the
complainant’s consent and ordered one (1)
unidentified male person to cut down the trees such
as bamboo which were planted by the complainant;

8) That it is a clear fact that the respondent has failed to

pay the complainant of his corresponding share of ½
of the payment, which the latter is supposed to
receive on February 2018;

9) That the acts of the respondent being complained of,

if not enjoined, would cause some grave and
irreparable damage or injury to the complainant;

10) That there has been a conciliation or medition held

at Barangay level but no agreement was reached.
(Copy of certification is hereto attached marked as
Annex “C”);

11) That all these actuations of the respondents are

clearly violations of the law and against the tenancy
rights of the complainants as provided for under
Republic Act (R.A.) No. 1199, R.A. No. 3844, as
amended by RA No. 6389;

i. Section 6 of R.A. 1199 provides: “Tenancy

relationship is a juridical tie which arises
between a landholder and a tenant once they

Jaime Cortado v. Claudio Villazorda, Page 2 of 6

 agree, expressly or impliedly, to undertake
jointly the cultivation of land belonging to the
former, either under the share tenancy or
leasehold tenancy system, as a result of which
relationship the tenant acquires the right to
continue working on and cultivating the land,
until and unless he is dispossessed of his
holdings for any of the just causes enumerated
in Section fifty or the relationship is terminated
in accordance with Section nine”
ii. Section 10 of R.A 3844 provides: “The
agricultural leasehold relation under this Code
shall not be extinguished by mere expiration of
the term or period in a leasehold contract nor
by the sale, alienation or transfer of the legal
possession of the landholding. 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.”;
iii. Section 7 of R.A. 3844 provides: “The
agricultural leasehold relation once established
shall confer upon the agricultural lessee the
right to continue working on the landholding
until such leasehold relation is extinguished.
The agricultural lessee shall be entitled to
security of tenure on his landholding and
cannot be ejected therefrom unless authorized
by the Court for causes herein provided.”;
iv. Section 8, 28, and 36 of RA 3844
enumerate the causes of the extinguishment of
agricultural leasehold relation, the causes of
the termination of leasehold, and the causes of
ending the right of the lessee to continue in
the enjoyment and possession of the
landholding, respectively; and

11.) That the essential elements of tenancy relationship

are present, to wit:

i. The parties in the case are the landowner and

the tenant;
ii. The subject matter of the relationship is an
agricultural land;
iii. There is consent between the parties to the
relationship;
iv. The purpose of the relationship is to bring
about agricultural production;
v. There is personal cultivation on the part of the
tenant or agricultural lessee;
vi. The harvest is shared between landowner and
tenant or agricultural lessee.

Jaime Cortado v. Claudio Villazorda, Page 3 of 6

 PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed unto this Honorable Adjudication
Board that after due notice and hearing, judgment be
rendered, ORDERING that:

1. The complainant’s tenancy rights on the entire

landholding be then recognized by the
respondent;

2. The complainant’s right to security of tenure be

respected;

3. The complainant’s right to enjoyment and

peaceful possession of the land cultivated by her
be respected; and

4. Other reliefs which are deem proper and

equitable under the circumstances are also
prayed for.

Respectfully submitted this _____ day of _______,

2019, at DARPO-Lanao del Norte, Iligan City,
Philippines.

BUREAU OF AGRARIAN LEGALASSISTANCE

Department of Agrarian Reform
Province of Lanao del Norte
Pala-o, Iligan City
Tel. No. (063) 222-5316

By:
SITTIE HAINAH M. CASAN
Legal Officer

Noted By:

ATTY. NIKKI MORSHIDA M. DALIDIG

Acting Chief, Legal Service Division
Roll No. 67184, May 24, 2017
IBP No. 023771, January 10, 2018
PTR No. 7984919, January 22, 2018

Jaime Cortado v. Claudio Villazorda, Page 4 of 6

Republic of the Philippines--)
City of Iligan--------------------)

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, JAIME P. CORTADO, of legal age and a

resident of Purok 5, Brgy. Lapinig, Kapatagan,
Lanao del Norte, after having been duly sworn,
depose and states:
1. That I am the Petitioner in this Complaint and that
I have caused the preparation and filing of this
Petition;
2. That I have read and do understand the contents
thereof;
3. That I have found every allegation set forth therein
as true and correct of my own personal knowledge
and belief and it is based on authentic documents;
4. That I have not filed any other action or
proceeding involving the same issue before the
Supreme Court, Court of Appeals or any other
Court or tribunal or agency;
5. That I should I learn thereafter of any case
involving the same parties and the same cause of
action in any Court of law, I shall inform
immediately this Honorable Board within five (5)
days therefrom;

IN WITNESS WHEREOF, I have hereto affixed

my signature, this day of January ____, 2019, at Iligan
City, Philippines.

JAIME P. CORTADO
AFFIANT

SUBSCRIBED AND SWORN to before me, this

November____, 2018 at Iligan City, Philippines.

Doc. No. _______ NOTARY PUBLIC

Page No. ______

Jaime Cortado v. Claudio Villazorda, Page 5 of 6

Book No._______
Series of 2018

Jaime Cortado v. Claudio Villazorda, Page 6 of 6