Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Region III
Office of the Provincial Adjudicator
Cabanatuan City, Nueva Ecija
-o0o-

EVANGELINA A. BERNARDINO,
Petitioner,

-versus - DARAB CASE NO. 3333’NNE’15

FOR: Maintenance of Possession
With Prayer for Issuance of
Preliminary Injunction

PANCHO BERNARDINO and

FATIMA BERNARDINO,
Respondents.

x-----------------------------------------------x

A N S W E R

RESPONDENTS, through the undersigned counsel and unto this

Honorable Court, most respectfully avers, THAT:

1. Paragraph 1 is admitted as it pertains only to personal

circumstances of the parties and their postal addresses where

summons and other court processes may be served.

2. Paragraphs 2 and 3 are admitted.

3. Paragraph 4 is specifically denied for the truth of the matter is that

it was respondent Pancho Bernardino who is in actual and

peaceful possession of the land subject of this case.

4. Paragraphs 5 to 12 are specifically denied for lack of knowledge

sufficient to form a belief as to its truthfulness.

DEFENSE/S

5. Petitioner Evangeline and respondent Pancho are brother and

sister. Petitioner has been living in Canada for more than thirty

five (35) and during those times it was their father Severino

Bernardino who was working on the said parcel of land. Upon his

death, their mother designated respondent Pancho to cultivate the

said parcel land, it being part of his advance inheritance.

6. In 2014, during her vacation and out of the blue petitioner

demanded respondent to surrender the possession of the land to

her to which respondent vehemently objected.

7. After sometime Petitioner Evangeline went back and again

demanded respondent to vacate armed with the said waiver of

right in her favor executed by the Heirs of Renato Chanco.

8. By force, petitioner wrest possession from the respondent and

worked on the land under objection from the respondent. The

 supposed act of the respondent being complained of the petitioner

is definitely false for the truth of the matter is that respondents did

not wrest possession from the petitioner but they only defended

their rights over the property in issue.

9. Respondent Pancho Bernardino is in actual possession and has

been cultivating the said land for more than thirty (30) years now,

copy of the Certification issued by Punong Barangay and

members of the Sangguniang Pambarangay is hereto attached and

marked as Annex “1” and made an integral part hereof.

10.Attached also is a copy of the “Pagpapatunay issued by the BARC

Chairman of Barangay Sta. Ana, Guimba, Nueva Ecija where the

land in issue is situated and marked as Annex “2.”

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Board to issue an Order dismissing the instant case for utter lack

of merit.

Such other relief and remedies as may be deemed just and equitable

under the premises are likewise prayed for.

Science City of Munoz, Nueva Ecija.

October 12, 2015.
 DOMICIANO FELIPE R. LAURENA, IV
Counsel for the Respondents
286 Bayuga Street, Brgy. Poblacion East
Science City of Munoz, Nueva Ecija
Cellular Phone No. 0927-852-1058
IBP No. 955674- Cabanatuan City, Nueva Ecija
January 09, 2015
PTR No. 21849538 – Science City of Munoz, Nueva Ecija
March 07, 2013
Attorney’s Roll No. 41115
MCLE Compliance No. V-0006277
February 15, 2015

Copy furnished by registered mail

because of distance constraint
making personal service impracticable:

DFRLIV

ATTY. DION REX AFRICA

Cuyapo, Nueva Ecija