Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Region IX
Provincial Office
Pagadian City

JXXXX G. BXXXX, DARAB CASE NO. ________

Complainant,
-for-
-versus-
“EJECTMENT”
SAAAA DAAAA,
Respondent.
X - - - - - - - - - - - - - - -///

COMPLAINT

COMES NOW, the complainant, through the undersigned counsel, and unto
this Honorable Office, most respectfully alleges:

PARTIES

1. THAT, the herein complainant is of legal age, married, Filipino, and

with residence and postal address at P. B Street, Molave, Zamboanga del Sur,
whereas, the respondent is a resident of Sitio Tiiiii, Barangay Pooooo, Mahayag,
Zamboanga del Sur, wherein the parties may be served with summons and other
processes in their said respective given addresses;

FACTS OF THE CASE

2. THAT, the complainant’s late parents, namely: Hxxxxx L. Gxxxx

and Axxxx M. Gxxxx, left a certain agricultural land, Lot No. 1234 embraced by
Original Certificate of Title No. 1-2345 issued by the Register of Deeds, for the
Province of Zamboanga del Sur, Pagadian City, located at Barangay Lower Salug
Daku, Mahayag, Zamboanga del Sur; to support this allegation hereto attached is
photo copy of Original Certificate of Title No. 1-2345 issued in the name of their
father, Hxxxx L. Gxxxxx and marked as ANNEXES “A”, “A-1”, “A-2” & “A-3;

3. THAT, on a certain portion of the subject land, there has been a

tenant in the person of Saaaa Daaaa who is now aging 85 years old, which portion is
containing an area of FIVE THOUSAND (5,000) SQUARE METERS, more or less,
which is bounded on the N., by Salug Daku Dried River Bed & a portion of the
plaintiff’s farm; on the S., by transferring Salug Daku River; on the E., by Salug Daku
Dried River Bed; and on the W., by Salug Daku Dried River Bed;
Page 2 of 4, Complaint of JXXXX G. BXXXX, continued.

to prove this allegation hereto attached are: a) Bigger Sketch Plan covering
several lots one of which is Lot No. 1234; and b) Small Sketch Plan specifically
indicating Lot No. 1234-D, with an area of 5,483 Sq. M., more or less, and
marked as ANNEXES “B” and “C”;

4. THAT, when the subject land was bought and taken possession by the
complainant’s late parents sometime in 1940’s, the same was not yet traversed by
the Salug Daku River, as evidenced by its Original Certificate of Title No. 1-2,345
which indicates the whole 82,428 SQUARE METERS; but after such certificate of title
was issued on April 13, 1965, the said Salug Daku River transferred traversing
thereon, abandoning a certain portion which became an abandoned river bed which
was by operation of law, possessed and owned by the plaintiff’s late parents, which
is consisting of THREE (3) HECTARES, more or less;
5. THAT, during the lifetime of their father, subject lands were already
extrajudicially partitioned by the complainant and her sibling, Nxxxx G. Ixxxx; to
support this allegation, hereto attached is the photo copy of an Extra-Judicial
Partition, consisting of TWO (2) pages, and) Tax Declaration, with TD No. 11-22-
3333-4444 marked as ANNEXES “D”, &“D-1” and “E”;
6. THAT, at the time that there was already a partition agreement to
the subject lands, between the complainant and her sibling, the portion which was
tenanted by Saaaa Daaaa is located in the area assigned as the complainant’s share,
but the same tenant usually gave her land rentals, of FIVE HUNDRED SEVENTY (570)
KILOS of dried corn, annually to the complainant, only from 2005 up to the first
quarter of 2014;
7. THAT, sometime in the first quarter of 2014, the complainant and her
family discovered that Saaaa Daaaa, because of her advanced age, can no longer
actually and personally cultivate her tenanted land, and instead she assigned her 6
children, namely: Toooo, Voooo, and 4 others, to cultivate the subject land by
shifting, who planted other crops thereon, such as water melon, vegetables, fruit
trees, banana, coconut trees, etc. and Saaaa Daaaa just collected a certain sum of
money from her said children every expected harvest and she just further turn-over
the same to the complainant, thus, sometime in the first and second quarters of
2014, when Saaaa Daaaa, attempted to remit to the complainant a supposed rentals
thereof, the latter did not accept any more; for it was already subleased to her
8.
Page 3 of 4, Complaint of Jxxxx G. Bxxxx, continued.

children; to back up this truth, the Joint Affidavit of Noooo B. Loooo and Vxxxx
Gxxxxx, is hereto attached and marked as ANNEXES “F” & “G”;

9. THAT, there was a time that when the complainant together with her
driver, Noooo Loooo, and other companions visited in the subject tenanted land,
she was threatened to be killed by VICTOR Daaaa, one of the children of
respondent, Saaaa Daaaa, by means of signaling to her to be beheaded by him
because accordingly the complainant was threatening his mother, Saaaa, which
caused the complainant to get frightened and suffered sleepless nights, offended
feelings, which if reduced into pecuniary estimation may amount to PHP100,000.00;
10. THAT, sometime in the late part of September, 2013, before the
Office of the Barangay Captain of Brgy. Poblacion, Mahayag, Zamboanga del Sur, the
complainant offered to the respondent, in the presence of her son, DODO, that she
momentarily will allow Saaaa Daaaa to continuously reside in her present house,
but upon her death the land in which her house is located shall be taken back by the
complainant; and additionally, the complainant will give Saaaa Daaaa
PHP30,000.00, but she has to surrender her area to the complainant of which Saaaa
Daaaa answered that she will not accept the PHP30,000.00, but she agreed to
surrender her assigned area to the complainant, but when she was called before the
DAR Office, Mahayag, Zamboanga del Sur on a certain date of April, 2013, Saaaa
Daaaa, refused to comply with what she had promised, hence this case. To prove
this point hereto attached are the: a) Minutes during the settlement hearing in
Barangay Poblacion, Mahayag, Zamboanga del Sur, and b) A CERTIFICATION issued
by the same barangay which are marked as ANNEXES “H”, “H-1”, and “I”,
respectively;
11. THAT, sometime on August 7, 2014, right before the DAR Office,
Mahayag, Zamboanga del Sur, the complainant caused Saaaa Daaaa to appear
therein whereby the latter was advised to surrender the subject land to the former
for she could no longer personally cultivate the same, but the same tenant refused,
hence the filing of this case;

CAUSE OF ACTION

12. THAT, Sec. 27, of R.A. 3844 otherwise known as the Agricultural Land
Reform Code” provides:

“Sec. 27. Prohibitions to Agricultural Lessee. – It shall be unlawful for the

agricultural lessee:

Xxxx xxxx xxxx xxxx

Page 4 of 4, Complaint of Jxxxx G. Bxxxx, continued.

(2) To employ a sub-lessee on his landholding: Provided, however, That

in case of illness or temporary incapacity he may employ laborers whose services
on his landholding shall be on his account.”

13. THAT, RA. 6657, provides:

“SECTION 73. Prohibited Acts and Omissions. The following are

prohibited.

Xxxx xxxx xxxx xxxx

(f) The sale, transfer or conveyance by a beneficiary of the right to

use or any other usufructuary right over the land be acquired by virtue of b eing a
beneficiary, in order to cicumvent the provisions of this Act.”

14. THAT, also under Presidential Decree 27 and other related laws, the
tenant shall cultivate the land personally which he has tenanted, contrary to the one
did by the defendant, because she, being more than 80 years old, gives to her
children, without knowledge and consent and to the prejudice and damage of the
herein complainant, the cultivation of her tenanted land;

15. THAT, despite several demands that the defendant has to vacate
the subject land and to surrender its possession to the herein complainant based
upon the defendant’s violation of the law, she stubbornly refused.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto the

Honorable DARAB, that after due notice and hearing, a judgment be rendered:

1. declaring Saaaa Daaaa incapacitated to personally cultivate the said

land and has abandoned her tenanted land by subleasing or subletting the same to
her children;
2. ordering her to vacate from the subject land, and to return over its
possession to the owner, Jxxxx G. Bxxxx;
3. ordering the defendant to pay damages to the complainant; and
4. to grant such other reliefs which are just and equitable within the
premises.

Molave, Zamboanga del Sur, Philippines, March 18, 2015.

ATTY.
Counsel for the Complainant
XXXX St., Molave, Zamboanga del Sur;
PTR. NO. 123456; IBP. NO. 123456;
ROA. NO. 123456.
 VERIFICATION/CERTIFICATION

THAT, I, Jxxxx G. Bxxxx, after being sworn to in accordance with law, depose
and say:

1. That, I am the complainant in the above-entitled case;

2. That, I caused its preparation and understood its contents;

3. That, the allegations contained therein are all true and correct of my own
knowledge and belief;

4. That, I have not theretofore commenced any other action or filed any
claim involving the same land or issue in any court, tribunal or quasi-
judicial agency;

5. That, to the best of my knowledge, no such other action or claim pending

therein;

6. That, I have no knowledge of any controversy or proceeding involving

the status of said parcel of land or rights of person/s over its possession and
entitlement to fruits or as beneficiary, the determination of which is filed before any
tribunal, court, the DAR or any other agency.

IN WITNESS WHEREOF, I have hereunto affixed my signature this __ day of

March, 2015 at Molave, (for Mahayag, ZS/Pagadian City) Zamboanga del Sur,
Philippines.

Jxxxx G. Bxxxx
Affiant

SUBSCRIBED AND SWORN to before me this __ day of March, 2015 at

Molave, (for Mahayag,ZS/Pagadian City) Zamboanga del Sur, Philippines, by the
affiant who exhibited her TIN Card No. 2121313 issued on December 2, 2026 at
Molave, Zamboanga del Sur.

DOC. NO. ____; ATTY.

PAGE NO. ____; Notary Public
BOOK NO. VIII; Until December 31, 2015;
SERIES OF 2015. PTR. NO. 123456; IBP. NO. 123456;
ROA NO. 123456.