Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Region IV- CaLaBaRZon
Office of the Provincial Adjudicator
Province of Laguna
San Pablo City, Laguna

NORMAN PAGLINAWAN
Plaintiff,

DARAB CASE NO. R-0903-0016-2023

-versus- For: Specific Performance and/or Partition
with Damages

GENESIS SALVADOR
Defendant.
x-----------------------------------------------x

ANSWER
COMES NOW, the Defendant through the undersigned counsel, unto this
Honorable Board, most respectfully states:

1. Defendant admits the allegations contained in Paragraphs 1 and 2 of the

Complaint, with respect to the personal circumstances of the herein
parties;

2. Defendant specifically denies the allegations under Paragraph 3 [First

Sentence] of the Complaint. The defendant in fact the sole owner of the
subject property which was awarded to him on 31st of December 2010;

3. Defendant partially admit the allegations under second sentence of

Paragraph 3 of the Complaint. To the extent that a response is required,
the same is discussed in the Defendant’s Affirmative Defenses.

4. First sentence of paragraph 4 is admitted, Defendant is concerned and

denied lack of knowledge or information sufficient to form a belief as to
the correctness or falsity of the allegations;

5. Defendant admits the allegations contained in Paragraph 5 of the

complaint insofar as it alleges that the defendant received the demand
letter;

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Paglinawan v. Salvador
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 6. Defendant specifically denies the allegations contained in Paragraph 6 of
the complaint, for lack of knowledge or information sufficient to form a
belief as to the truth or falsity thereof;

7. Defendant specifically denies the allegations contained in Paragraph 8 of

the complaint, for lack of knowledge or information sufficient to form a
belief as to the truth or falsity thereof;

8. Defendant likewise specifically denies the allegations contained in

Paragraph 6 of the complaint, for lack of knowledge or information
sufficient to form a belief as to the truth or falsity of the thereof.

AFFIRMATIVE DEFENSES

The answering defendant herein re-pleads, adopts and incorporate herein by

reference all the foregoing allegations insofar as the same may be relevant and
material hereunder, and support of the Affirmative defenses alleges that:

9. Transfer Certificate of Title No. C-3236 was awarded to the Defendant

on 31 of December 2010 as a farmer beneficiary of the Department of
Agrarian Reform with an area of twenty thousand (20,000) square meters
located at Barangay Alipit, Magdalena, Laguna.

10. The Plaintiff is the brother-in-law of the Defendant, upon the request of
Norma Paglinawan (Mother of Plaintiff) to defendant to share ten
thousand (10,000) square meters to plaintiff.

11. As agreed, by the Defendant and his Mother-in-law. On 16 of May

2016, the Defendant requested the Provincial Agrarian Reform Officer II
Elizabeth Z. Villapando, to include the name of the Plaintiff to the
awarded title of the land.

12. The Department of Agrarian Reform Provincial Office of Laguna denied

the request of the Defendant, pursuant to Sec. 27 of R.A. 6657 which
reads:

SECTION 27. Transferability of Awarded Lands. — Lands acquired by

beneficiaries under this Act may not be sold, transferred or conveyed except through
hereditary succession, or to the government, or the LBP, or to other qualified
beneficiaries for a period of ten (10) years: Provided, however, That the children or the
spouse of the transferor shall have a right to repurchase the land from the government or
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Paglinawan v. Salvador
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 LBP within a period of two (2) years. Due notice of the availability of the land shall be
given by the LBP to the Barangay Agrarian Reform Committee (BARC) of the barangay
where the land is situated.

13. The Certificate of Land Ownership Award cannot be subject to

compromise agreement….

14.Verily, the Plaintiff has no cause of action against the defendant.

PRAYER

WHEREFORE, premises considered, the Respondent respectfully prays of

this Honorable Board, as follows:

a. Dismissing the case for lack of cause of action.

b. for such other reliefs, just and equitable under the premises.

Sta. Cruz for San Pablo City, Laguna, 04 July 2023.

BUREAU OF AGRARIAN LEGAL ASSISTANCE

Counsel for Respondent
Department of Agrarian Reform
2nd Fl. Josefina Lo Bldg.
Brgy. Pagsawitan, Santa Cruz, 4009 Laguna
09182334158/ 09260791599
darlag_legal@yahoo.com

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Paglinawan v. Salvador
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