Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD

Office of the Provincial Agrarian Reform Adjudicator
Old Provincial Capitol Complex
CPG Avenue, Tagbilaran City
Province of Bohol

Ronald I. Pumatong, Ph.D.,

OIC PARPO II of DARPO Bohol,
Petitioner, DARAB Case Nos.
VII-BOH-14598 & 14599-2022
-versus-
Heirs of Leona Nayga by: Justiana For: Review of Agricultural
Acenas – Lessor, and Rufino Madera Leasehold Contract (ALHC)
- Lessee,
Respondents.
x----------------------------------------------------------/

Motion For Reconsideration

Petitioner, through counsel, most respectfully avers as follows:

Timeliness

1. On November 7, 2022, he received the Order dismissing

this case issued on October 4, 2022. He has fifteen (15) days to request
for a reconsideration of the said dismissal.

2. The last day however falls on Saturday. Hence, he has the

next working day, or until October 24, 2022 to file for a reconsideration.
The instant Motion for Reconsideration is therefore filed within the
reglementary period to do so.

Arguments

3. The doctrine of exhaustion of administrative remedies is

not an iron-clad rule. The doctrine is a relative one and its flexibility
called upon by the peculiarity and uniqueness of the factual and
circumstantial setting of the case. Exhaustion of administrative
remedies is not necessary when, among others, it does not provide a
plain, speedy and adequate remedy.

4. The cited item IV.16 of DAR Administrative Order

No. 02, Series of 2006 itself allows for certain exceptions.
Administrative remedies shall be exhausted “as much as possible”
and “if still necessary”.

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 5. In other words, if it is no longer possible, or if it is no longer
necessary, administrative remedies need not be exhausted. Direct
resort to the DARAB may be availed of in these situations.

6. Currently, there is only a handful of field personnel, as

compared with the ample number in the past, handling leasehold
implementation:

No. of Personnel
Based on Current Based on Previous
Personnel
Approved Staffing ASP
Pattern (ASP) + CTI
MARPOs 5 45
SARPTs 5 41
ARPTs 21 92
Assistant Stats. 11 18
Total 42 196

7. He humbly apologizes if this fact has not been alleged in

the petition submitted last September 16, 2022. This Motion is not
intended to delay the final disposition of this case.

Prayer

Petitioner most respectfully moves for a reconsideration of the

dismissal of this case dated September 4, 2022. He reverently asks for
further proceedings of this case, e.g. call the respondents for a
preliminary conference as a matter of course.

Respectfully submitted.

___ October 2022, Tagbilaran City.

BUREAU OF AGRARIAN LEGAL ASSISTANCE

Department of Agrarian Reform
Counsel for the Petitioner

Atty. James Horace A. Balonda

PTR No. 0979995/01-06-2022
IBP No. 191441/01-17-2022
MCLE No. VII-0010047
Roll No. 74729

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 By:
Ma. Lydia D. Bantugan
ARPO II
Legal Assistance Division
Provincial Agrarian Reform Office of Bohol
3/F Old Capitol Complex
CPG Avenue, Tagbilaran City, Bohol
merlybantugan@yahoo.com

Copy furnished:

-Hrs. of Leona Nayga

By: Justiana Acenas
Lonoy, Jagna

-Rufino Madera
Cabunga-an, Jagna

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