lOMoARcPSD|31058984

Republic of the Philippines

Department of Agrarian Reform
OFFICE OF THE SECRETARY
Diliman, Quezon City -oOo-

IN RE : PETITION FOR CANCELLATION CANC. Case No. _________ OF CLOA NO. 6706:

ROSARIO P. LONZAGA
JUVY A. BAYNOSA,
Petitioners,

DEPARTMENT OF AGRARIAN REFORM, represented by

TERESITA R. MABUNAY, PARPO II, Name of CLOA holders

REGISTER OF DEEDS,
Respondents
x--------------------------------------------------------------------------------------------------------------------x

PETITION

COME NOW, Petitioners, through the undersigned Counsel and unto this
Honorable Office, most respectfully allege:

1. That the Petitioners are all of legal age, Filipino, married and residents of
Brgy. San Isidro Toboso, Negros Occidental;

2. That the public Respondent, DEPARTMENT OF AGRARIAN REFORM, is a

government agency tasked with the duty to implement the Comprehensive
Agrarian Reform Program Extension with Reforms ( CARPER), pursuant to RA No.
6657 as amended by R.A No. 9700, as herein represented by TERESITA R.
MABUNAY in her capacity as the Provincial Agrarian Reform Program Officer II –
North, Negros Occidental I, with office address at Dawis – San Sebastian Streets,
Bacolod City, Negros Occidental;

3. That Public Respondent, (CITY)/ PROVINCIAL REGISTER OF DEEDS, is also

a government agency created pursuant to Republic Act No. 496, as amended,
tasked with the duty to record title to property with office address at Hall of
Justice Compound, Luzuriaga St., Bacolod City, Negros Occidental;

4. That the landholding formerly owned by Fermin Desierto, particularly

described as Lot No. 322, containing an area of

4.1543 hectares and was covered under Voluntary Offer to Sell (VOS) /
Compulsory Acquisition (CA) of CARP or RA 6657 and is situated at Brgy. San
Isidro, Toboso, Negros Occidental;

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5. That the Certificate of Land Ownership Award (CLOA) No. 6706 was
awarded to _________ ( names of the beneficiaries) on ____ (date) and
registered with the Register of Deeds last ___(date). A copy of CLOA _______ is
hereto attached as Annex “A” and made integral part hereof;

6. That upon the Investigation conducted by the DARMO, theawardees in

the names of ____ (names of the CLOA holders) were found to have violated the
Comprehensive Agrarian Reform Laws (CARL) by way of (ex. Abandonment)
( state the grounds of cancellation) as provided in section 4 of Article II of AO6,
series of 2011;

7. (Insert additional facts to prove the violation if there be any)

8. That to attest to its truthfulness, attached and marked as Annex(es) are

the ( affidavits, certification from the BARC/ DAR or from any other government
agencies , pictures, etc.);

9. That the petitioners have been in actual possession and cultivation of the
land since _____, and have made the land productive;

10. That the Petitioners have no other agricultural lands registered in their
names in the entire Philippines under the law considered to be landless. A copy
of the Certification from the Assessor’s Office is hereto attached as Annex “B”
and made an integral part hereof;

11. That the petitioner is a permanent resident of Barangay __________ and

had been residing thereto for almost _____ years now. A copy of the Barangay
Certification is hereto attached as Annex “C” and made integral part hereof;

12. That the following Petitioners have the willingness and possess the
aptitude to make the land productive, hence, eligible to become farmer
beneficiaries thereof.

13. Further, the Petitioners possesses all the qualifications and none of the
disqualifications to become farmer beneficiaries and are currently occupying the
particular lots subject of their prayer for reallocation, to wit:
CLOA NO. NAME OF ACTUAL LOCATION SUB LOT NO.

TILLER/ OCCUPANT
ROSARIO P. LONZAGA 322-A Brgy. San Isidro,
6706 Occ. Toboso, Neg.

JUVY A. BAYNOSA 322-B Brgy. San Isidro,

6708 Occ. Toboso, Neg.

6708 JUVY A. BAYNOSA 322-D Brgy. San Isidro,

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Toboso, Neg.
Occ

6708 JUVY A. BAYNOSA 322-E Brgy. San Isidro,

Toboso, Neg.

Occ.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Office that after hearing on the merits of this case:

1) That judgment be rendered ordering the Public Respondent ROD (City)

Provincial Register of Deeds, to CANCEL CLOA _______ and to EXCLUDE as
ARBs, the following:

a.

b.

2) That judgment be rendered in favor of the petitioner(s) as REALLOCATEES;

3) That judgment be rendered ordering Public Respondent DAR to issue a new

title in their favor;

4) That judgment be rendered ordering the Public Respondent ROD (City)

Provincial Register of Deeds, to register the same.

Petitioner(s) further prays for such other relief and remedies that are just and
equitable under the premises.

Bacolod City, Philippines, March 12, 2014.

PRIVATE LAWYER

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