Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Annex Bldg., DAR Central Office Compound
Elliptical Road Diliman, Quezon City

EUGENIO T. ALAY-AY,
Petitioner,

- versus - DARAB CASE NO. ______________

FOR: ANNULMENT OF JUDGMENT

MERLINDA DG. TERALDICO and MERCEDES

DG. TERALDICO,
Respondent,

Office of the PARAD OF BRANCH IV,

Cabanatuan City, Nueva Ecija, and
Register of Deeds of Nueva Ecija
Public Respondents.
x---------------------------------------------------------x

PETITION

PETITIONER, by Himself and unto this Honorable Board most respectfully

aver;

1. That petitioner is of legal age, widower, Filipino citizen and a resident of Brgy.
Bakal 3, Talavera, Nueva Ecija while the private respondents are also of legal ages,
single, Filipino citizens and residents of Brgy. Villa Nati, Science City of Nueva Ecija
while the other respondents are public officials and may be served with summons in their
respective office addresses.

2. That petitioner is the registered owner and identified farmer-beneficiary to a

landholding covered by Transfer Certificate of Title No. EP-3122/Emancipation Patent
No. A-077239 with an area of Twenty-Nine Thousand Four Hundred Thirty Three
(29,433) square meters, more or less located at Brgy. Villa Nati, Science City of Munoz,
Nueva Ecija, copy of the said title was marked as Annex “A”;

3. That the one-half portion of the landholding of the petitioner with an area of
15,000 square meters, more or less was mortgaged to Josephine F. De Guzman married to
Roberto Teraldico, parents of the private respondents in the amount of Eighty Thousand
Pesos (Php80,000.00);

4. That without the knowledge and consent of the petitioner, the private
respondents filed a petition for cancellation of Transfer Certificate of Title No. EP-
3122/Emancipation Patent No. A-077239 before the DARAB Branch IV, Cabanatuan
City, Nueva Ecija and a Decision was rendered on November 12, 2008 and Certificate of
Finality on December 3, 2008,copies of which were marked as Annexes “B” and “C”
respectively, the dispositive portion of which states:

“WHEREFORE, premises considered, the Register of Deeds of Nueva ecija

(North) is hereby directed to cancel TCT No. EP 3122 previously issued in the name
of the respondent and to issue Transfer Certificate of Title (Judicial Form No. 109)
in the names of the petitioners covering the 15,000 square meters, more or less and
in favor of the respondent covering 14,433 square meters, n accordance with the
prevailing law, rules and regulations.

SO ORDERED.”

5. That by virtue of the Decision dated November 12, 2008, the title of the
petitioner covered by Transfer Certificate of Title No. EP-3122/Emancipation Patent No.
A-077239 and a new title covered by Transfer Certificate of Title No. N-46103 was
issued in the name of the petitioner and the respondents as co-owners, copy of the new
title was marked as Annex “D”;

6. The Decision dated November 12, 2008 suffers from extrinsic fraud due to the
fact that the decision was rendered by the DARAB Branch IV (South), Cabanatuan City,
Nueva Ecija wherein the landholding subject of the case is located at Munoz, Nueva
Ecija and within the jurisdiction of DARAB (North) Nueva Ecija;

7. That the petitioner was never notified of the proceedings before the DARAB in
DARAB Case No. 09970-A’SNE’08 in violation of his right to due process;

8. That the Decision in DARAB Case No. DARAB Case No. 09970-A’SNE’08
resulted in the fragmentation of the landholding of the petitioner in violation of
Presidential Decree No. 27;

9. That the most glaring violation committed by the Decision in DARAB Case
No. DARAB Case No. 09970-A’SNE’08 is the declaration of the respondents as farmer-
beneficiaries and co-owners to the landholding subject of the case wherein the private
respondents during that time are both minors, only in their teens and only in their initial
High School Education;

10. That clearly, at the time of the issuance of Transfer Certificate of Title No. N-
46103 in the name of the respondents as co-owners of the petitioner, the respondents are
not qualified as farmer-beneficiaries by reason of their age;

11. That this is the very reason that in the petition in DARAB Case No. DARAB
Case No. 09970-A’SNE’08, the private respondents intentionally hide their age;

12. That by reason of this extrinsic fraud committed by the private respondents,
there is a need to annul the Decision in DARAB Case No. DARAB Case No. 09970-
A’SNE’08 and to cancel Transfer Certificate of Title No. N-46103 in the name of the
respondents as co-owners and to reinstate Transfer Certificate of Title No.
EP-3122/Emancipation Patent No. A-077239in the name of the petitioner.

13. Finally, petitioners file this case pursuant to Section 2 of Rule 5 of the
DARAB Rules and Procedures.
 WHEREFORE, premises considered, it is most respectfully prayed unto the
Honorable Board that judgment be rendered declaring the Decision dated November 12,
2008, issued by the PARAD of Branch IV, South Nueva Ecija, to be null and void.
Likewise, it is prayed that the title Transfer Certificate of Title No. N-46103 issued
pursuant to the null and void Decision be also declared null and void or be cancelled. The
reinstatement of title Transfer Certificate of Title No. EP-3122/Emancipation Patent No.
A-077239in the name of the petitioner is also prayed for.

Other reliefs are prayed to be granted.

Guimba, Nueva Ecija for Diliman, Quezon City. September 12, 2022.

EUGENIO T. ALAY-AY
Affiant
 VERIFICATION/CERTIFICATION

Republic of the Philippines )

Province of Nueva Ecija ) s.s.
City of )
x ---------------------------------- x

I, EUGENIO T. ALAY-AY of legal age, Filipino citizen , widower and a resident

of Brgy. Bakal 3, Talavera, Nueva Ecija, after having been duly sworn to in accordance
with law hereby depose and state:

1) That I am the Petitioner in the above-entitled case;

2) That I have caused the preparation of this Petition;

3) That the contents thereof are true and correct to the best of my knowledge and
belief;
4) That I hereby certify that I have not therefore commenced any action or filed
any claim involving the same issues in any court, tribunal, or quasi-judicial agency and to
the best of my knowledge, no such other action or claim is pending therein; that if there
is such other pending action or claim, a complete statement of the present status hereof;
and that if I should thereafter learn that the same or similar action or claim has been filed
or is pending, I shall report that fact within five (5) days therefrom to the
court/board/tribunal wherein the aforesaid complaint or initiatory pleading has been filed.

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

____________ 2022 at _____________, Nueva Ecija.

EUGENIO T. ALAY-AY
Affiant
Gov’t ID No.___________________

SUBSCRIBED AND SWORN to before me this _____ day of

_______________________________ 2022 at ________________, Nueva Ecija.

_________________

Doc. No. ___

Page No. ___
Book No. ___
Series of 2022.