Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Office of the Regional Director
Macanhan, Carmen, Cagayan de Oro City

IN THE MATTER OF INCLUSION OF DARAB CASE NO.

BENJAMIN MONDERO AS AN
ADDITIONAL ARB IN CLOA NO. 00381851 _________________
COVERED UNDER TCT NO. AT-15750
LOCATED AT SAN JOSE, QUEZON,
BUKIDNON
FOR: CORRECTION OF
ENTRY/ INCLUSION OF
ADDITIONAL ARB IN
TCT.NO.15750 (00381851)

DAR REP. BY NORBERTO R. PAQUINGAN, DM

PARPO-II OF DAR BUKIDNON,
PETITIONER,
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PETITION
COMES NOW, the above-mentioned Petitioner, with the
assistance of the Bureau of Agrarian Legal Assistance (BALA)
through the undersigned Agrarian Reform Program Officer II, unto
this Honorable Board most respectfully avers:

1. That, Petitioner is the Department of Agrarian Reform, a

government entity duly represented by the Provincial Agrarian
Reform Program Officer II, ENGR. NORBERTO R.
PAQUINGAN,DM. with postal address at Airport Village,
Casisang, Malaybalay City, Bukidnon where he may be served
notice of this Honorable Office;

2. That, the corporate property of Ozamiz Agricultural Development

Corporation (OADI for brevity), Inc. subject of this petition is
previously covered through Voluntary Offer To Sell (VOS)
Scheme way back in the year 1997 of which a collective CLOA
title was generated in the name of ALFREDO NOVICIO, et. al.,
consisting a total area of 66.2429 hectares located at San Jose,
Quezon, Bukidnon and registered in the Registry of Deeds dated
December 29, 2000. This collective CLOA Title was originally
awarded to thirty five (35) farmer beneficiaries. Photo copy of
the collective CLOA Title is attached and marked as Annex
“A”;

3. That, for purposes of validating the status of the awarded lot the
DAR Municipal team of Quezon, Bukidnon headed by the
previous assigned MARPO JESSIE B. APITA conducted an on-
site inspection to finalize the re-documentation of the afore-cited
collective CLOA title as well as to generate the individual CLOA
title to several annotated farmer beneficiaries herein. However, it
was found out that out of Thirty Five ARBs originally annotated
only six (6) ARBs have an actual cultivation inside the subject
landholding and the rest of Twenty Nine (29) ARBs did not
exercise tillage because their allocation was placed or assigned
to other collective CLOA titles still previously owned and titled
by the above named corporate landowner;
4. That, there was already a separate case for petition for exclusion
being filed concerning these Twenty Nine (29) previously
annotated farmer beneficiaries. Recently, it was further
discovered that there are FIFTY EIGHT (58) ARBs that will be
added to the above-described collective CLOA having an
allocation of only of one hectare (1.0000 Ha.) each base on the
recent approved subdivision plan submitted bearing Psd-10-
074626 (AR) where the whole area of 66.2429 hectares was
subdivided/partitioned to Sixty (60) sub-lots. Field Investigation
Report (FIR) prepared by Bernardo B. Banquerigo as noted by
MARPO JESSIE B. APITA of DARMO Quezon, Bukidnon and
the same was indorsed to PARPO Norberto R. Paquingan in
order to rectify/correct with his strong recommendation that
these fifty eight (58) previously identified ARBs should be
properly assigned or allocated in this collective CLOA title;

5. That, the inclusion of herein FIFTY EIGHT (58) additional farmer

beneficiaries was the off-shoot of the DARAB case docketed as
DARAB case No.X(05)-2072 that warranted the Amendment
and/or Correction of Certificate of Landownership Awards Title
being filed by our CARP beneficiaries rep. by IGNACIO D.
BAQUILER, JR. AND OADI workers rep. by ERROL G.
MONARES as petitioners respectively VS. The PARO (southern
section) rep. by PARO NORBERTO AMORA (now deceased)
and the Register of Deeds of Bukidnon in consonance with the
DEED OF EXCHANGE executed by both petitioners;

6. That, BENJAMIN MONDERO is one of the FIFTY EIGHT (58)

farmer beneficiaries to be added as additional ARB with
corresponding sub lot no. 60- consisting only of 1.0000
hectare in the subject landholding best described in AT-15750
(00381851), thus, his name should be included/annotated in the
above-mentioned collective CLOA title;

7. That, an individual ALI Case for petition for Inclusion was already
filed before the Honorable Office of the Regional Director of
DAR-10 docketed as ALI Case No.ARO-1000-0052-2019 having
jurisdiction to adjudicate the Inclusion of Jesus Pujas as clearly
embodied in the Consolidated Resolution of the Honorable
Regional Director dated March 18, 2019. Hereto attached the
photo copy of the Consolidated Resolution as Annex “B” .

8. That, before waiting for the Certificate of Finality of the above-

quoted Resolution the undersigned counsel is already filing a
Motion for Issuance of Certificate of finality before the office of
the Regional Director of DAR 10 and promise to submit the
Certificate of Finality before this Honorable Board that this
DARAB case for Petition for correction of entry/ Inclusion will be
finally disposed by herein Honorable Regional Adjudicator;
9. That, this Honorable Board has original and exclusive jurisdiction
to hear and decide matters of correction of entries of collective
CLOA title issued by the DAR and all subsequent title thereto;

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Office after due notice and hearing
that an Order be issued:
1. Confirming the inclusion of BENJAMIN MONDERO to be
included in TCT. AT-15750 (CLOA No. 00381851) whose
allocation is consist only of 1.0000 hectare with Lot
No.60- located at San Jose, Quezon, Bukidnon where his
name should be properly effected/annotated and eventually
the Land Distribution Information Sheet of the
aforementioned ARB will be submitted to the Land Bank of
the Philippines where his amortization of the awarded land
can be legally posted and accounted.
2. Ordering the Register of Deeds of Bukidnon to register and
annotate the approval of his inclusion.

Such other relief, just and equitable is likewise prayed for.

July _______, 2019, Malaybalay City, Bukidnon, Philippines.

BUREAU OF AGRARIAN LEGAL ASSISTANCE (BALA)

DAR Provincial Office
Airport Village, Casisang, Malaybalay City

BY: ANNA GRACE S. LEYSON

ARPO-II/Counsel for the Petitioner

UNDER THE SUPERVISION OF:

ATTY. JULIAN A. BRAVANTE, JR.

Chief, Agrarian Legal Sector/ATTY-V
Republic of the Philippines )
Province of Bukidnon )s.s.
City/Municipality of_________ )

V E R I F I C A T I O N AND C E R T I F I C A T I O N

That, I, ENGR. NORBERTO PAQUINGAN, D.M., Filipino, of legal age, and a

resident of Iligan City, after having been duly sworn to an oath in accordance with
law hereby depose and say:

1. That I am the Petitioner of the above-entitled petition for Inclusion;

2. That I have read and understood the contents thereof;
3. That I have caused the preparation of the same;
4. That the allegation therein are true and correct based on my personal
knowledge and authentic records;
5. That I have not instituted similar action to my present case with the
Supreme Court, Court of Appeals, Tribunal, Board or any Agency;
6. That I have no knowledge of any similar action pending terminated in any
institution mentioned above; and
7. That if I should eventually knew that there is similar action pending in the
above-mentioned offices within five (5) days I will inform this Honorable
Board where my petition is originally instituted.

IN WITNESS WHEREOF, I have hereunto affix my signature this

_______day of October 2018, in the City of Malaybalay, Province of Bukidnon,
Philippines.

ENGR. NORBERTO R. PAQUINGAN,DM

AFFIANT

SUBSCRIBED AND SWORN to before me this_____ day of

_______________, 2018 in Malaybalay City, Bukidnon, Philippines.
 ATTY JULIAN A. BRAVANTE, JR.
ATTORNEY V
CHIEF, AGRARIAN LEGAL SECTOR