Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Ozamiz City

HEIRS OF FLOREPES LIM: DARAB CASE NO.__________

FORD D. LIM, CYNTHIA LIM LAUDERDALE
And, MARCIA LIM DAMAS
Represented by: MARCIA LIM DAMAS
Complainants,

-versus- FOR: DECLARATION OF

NON TENANCY AND
EJECTMENT

MARIA FLORES JAPON

Respondent.
X-----------------------------------------------X

COMPLAINT

COMES NOW, the complainants, by counsel, unto this Honorable Office,

most respectfully avers:

1. Complainants, FORD LIM, CYNTHIA LAUDERDALE, MACIA DAMAS, are of

legal ages, Filipinos and are residents of P-3, Dabliston, Sultan Naga
Dimaporo, Lanao del Norte, 273, Sardonyx St. Gem Village, Maa, Davao City,
Davao del Sur and P-4, Kinangay Sur, Clarin, Misamis Occidental respectively ,
duly represented by MACIA DAMAS by virtue of Special Power Attorney,
which is hereto attached and marked as Annex_______, where they may be
served with orders and processes of this Honorable Office;

2. Respondent is likewise of legal age, Filipino and with a residence address at

Pines, Oroquieta City where they may be served with summons, notices and
other processes of this Honorable Office;

3. Complainants are the surviving heirs of the late FLOREPES LIM, who left a
parcel of land registered under her name, covered by OCT NO. (P-31828) P-
5103 under Lot No 89 with an area of Five Thousand Eight Hundred Forty
Nine (5, 849) Square Meters. Copies of the Original Certificate of Title and the
Sketch Plan are attached herewith and marked as Annex________;

4. For purposes of payment Real Property Tax, the abovementioned parcel of

land is declared under the same name with the Transfer Certificate of Title
with an Assessed Value of P9, 370. The payment of the Real Property Tax is
updated as evidenced by a Certification issued by the Municipal Assessors of
Oroquieta City. Copy of the Tax Declaration and Certification are hereto
attached and marked as Annex________;

1
 5. Such land is neither been encumbered nor conveyed to anyone else as proved
by its Land History which is attached herewith and marked as Annex_______;

6. Owing to the fact that the complainants are living away from the subject land,
Respondent take advantage of the situation and thereby occupied and built
her house over the subject land sans knowledge and permission from the
complainant-owners and eventually claimed as tenant thereof;

7. Complainant did not even know the respondent not until they discovered the
latter’s occupancy over their land;

8. There was no sharing of harvest made by the Respondent to the

Complainants, had it been true that the respondent is a tenant. Neither a
single centavo nor any proceeds of the land was remitted by respondent to
the complainants;

9. The existence of a tenancy relationship cannot be presumed and allegations

that one is a tenant do not automatically give rise to security of tenure .
For tenancy relationship to exist, the following essential requisites must be
present: (1) the parties are the landowner and the tenant; (2) the subject
matter is agricultural land; (3) there is consent between the parties ; (4) the
purpose is agricultural production; (5) there is personal cultivation by the
tenant; and, (6) there is sharing of the harvests between the parties . All the
requisites must concur in order to establish the existence of tenancy
relationship, and the absence of one or more requisites is fatal. 1

10.A Demand to Vacate was already sent to the defendant but still defendant is
so adamant and refused to do the same, proof of which is hereto attached and
marked as Annex_________;

11. The same complaint was brought already to the Barangay Agrarian Reform
Committee for the possibility of amicable settlement among the parties
however there was no settlement reached. A copy of am endorsements letter
issued by the Barangay is hereto attached and marked as Annex_______;

SUMMARY OF WITNESES’ TESTIMONY

a. MARCIA LIM DAMAS. She will testify as to the proof of their

ownership over the land and that the respondent is not their tenant.
She will identify material documents necessary for her claim.

DOCUMENTS TO BE PRESENTED:

1. Special Power Attorney

2. Original Certificate of Title No (P-31828) P-5103
under Lot No 89
3. Tax Declaration 271441
1
VICENTE ADRIANO vs. ALICE TANCO Et. Al., G.R. No. 168164, July 5, 2010

2
 4. Certification of Updated Payment of Real Property Tax
5. Land History
6. Demand to Vacate
7. Endorsement Letter

PRAYER

WHEREFORE, it is respectfully prayed that this Honorable Office will render

judgment to:
1. Declare respondent being not a tenant;
2. Surrender the possession of the subject land to the complainant-owner;

3. After surrendering possession, respondent shall leave and vacate the place;

4. Respondent shall pay the proceeds of the land ;

5. Damages deemed appropriate on the case.

Other just reliefs are also prayed for.

_______________________, Oroquieta City for Ozamiz City.

RESPECTFULLY SUBMITTED.

PEDE LAW OFFICE

Counsel for Plaintiff
Purok 4, Independence St.
Poblacion II, Oroquieta City
0907-239-5339/0966-473-4594
Email: pedelawoffice@gmail.com

By: KENT RICKX S. PEDE

Roll. No. 72492
IBP O.R. NO. 088466, 06-10-29
PTR 0123909; 1-6-2020
MCLE Compliance exempted
newly admitted to bar
on 06/14/2019

3
4