Republic of the Philippines

Municipal Circuit Trial Court

TRENTO-SANTA JOSEFA-VERUELA
Trento, Agusan del Sur

AGUSAN PLANTATION, INC., Civil Case No. 549

Plaintiff,

-vs-

For: “FORCIBLE ENTRY”

CONDRADO BEBIS, ET.AL.,
Defendants.

API AGRARIAN REFORM BENEFICIARIES

MULTI-PURPOSE COOPERATIVE (API-ARB
MPC) REP. BY: ELMA D. DELLOMES AND/OR
ERPIE S. MANCAWAD
Intervenor.
x---------------------------------------------/

COMPLAINT-IN-INTERVENTION

Intervenor, alleges:

PRELIMINARY STATEMENT

1. This intervention is filed to affirm and assert the rights, claims and

interests of the cooperative to the subject of this case ;

2. The intervention furthermore, will not unduly hinder or prejudice the

settlement of the rights and interest of all the parties involved in the case,

since herein intervenor’s rights and interest, can be fully affirmed and

asserted herein, without violating the rules against multiplicity of suits ;

PARTIES
 3. Intervenor, API AGRARIAN REFORM BENEFICIARIES MULTI-

PURPOSE COOPERTIVE (API-ARB-MPC for brevity) is a cooperative

duly organized and registered1 under the laws of the Republic of the

Philippines, with principal office at P-3, Manat, Trento, Agusan del Sur,

where it can be served with summons and other notices of this Court ;

4. That intervenor is hereto represented by ELMA D. DELLOMES as

manager thereof and/or ERPIE S. MANCAWAD as chairman,

respectively ;

5. That defendants, CONRADO BEBIS, OSIAS HAVANA, GERONIMA

BELENSONA ARENEA DELOS SANTOS, WELSON HAVANA,

CRISTITUTO AUMAN, NAPOLEON ERMODA, IRENE GENITO,

BORAWIN HAVANA and ARNEL FERRER, are all Filipinos of legal

ages, and residents of Sitio Macauli, Brgy. Basa, Trento, Agusan del Sur,

where they can be served with summons and other processes of this

Court ;

CAUSE OF ACTION

1
CDA No. 9520-13010132
 6. That intervenor (API-ARB-MPC) and plaintiff (AGUSAN

PLANTATION, INC) entered into a lease agreement 2 involving several

parcels of land located in Brgy. Manat, Trento, Agusan del Sur ;

7. That the land subject of the lease agreement has a total area of

1,427.6027 hectares which the intervenor is the lessor;

8. That one of the parcels of land being leased is covered by Original

Certificate of Title No. 86, in the name of the herein intervenor ;

9. By virtue of the said lease agreement, plaintiff has planted African Palm

trees in the area thereof ;

10.That sometime on 2015, the herein plaintiff filed this action (Forcible

Entry) against the herein defendants claiming among other things that

defendants specially CONRADO BEBIS by means of force, strategy and

stealth unlawfully entered a portion of said parcel of land subject of the

lease agreement ;

11.In view of the refusal of the defendants to vacate the area and event

threatened some employees and agents ;

12.That on March 23, 2018, the herein Honorable Court handed down a

decision and thereafter issued a Writ of Execution which is hereto

reproduced as follows, to wit:

2
Lease Agreement
 WHEREFORE, after a thorough perusal of the
facts and evidence in this case, this Court rules in
favour of the plaintiff and against defendants,
ordering the latter and all other persons claiming
rights under him to:

1. VACATE the portion of the subject property

encroached by him/them;
2. SURRENDER actual physical possession of the
subject portion peacefully to plaintiff ;
3. REMOVE all the improvements he introduced
therein;
xxx xxx

SO ORDERED.

xxx xxx

13.That the above decision having obtained finality, the herein Court issued

a Writ of Execution3 dated August 6, 2018 and pursuant thereto a

sheriff’s report4 was submitted to this Honorable Court on the restoration

of the property to the herein plaintiff ;

14.On March 2020, the herein intervenor devised a livelihood program for

its member with the intent of providing livelihood by planting banana

plants and other fruit bearing trees in the unused portion of the area

subject of this case ;

15.That the said livelihood activity could not proceed because defendants

with the same conduct demonstrated in this case and by means of force

and strategy again entered some portion of the land where the banana

plantation is supposed to be undertaken ;

3
Order – Writ of Execution
4
Sheriff’s Report
16.That when the employees and agents of the herein intervenor went to the

area, defendants, specially CONRADO BEBIS by means of threats

prevented their plantation activities ;

17.That witnessed to this incident (Hermogenes B. Luna, Jr.) can attest to

the fact that he was directed by the intervenor’s through its officers to

undertake the clearing, platting and management of the banana plantation

and that the herein defendants threatened to inflict harm and thus hereby

hinders the planting activity ;

18.That herein intervenors, being the owner of the land in question are

supposed to enjoy the utilization and improvement without prejudice to

the lease agreement entered by the herein plaintiff ;

19.That despite demand for the defendants to stop their disturbance and

vacate the area, they refused and still continuous to prevent intervenor

and their agents from engaging their lawful activities and/or programs ;

20.That since the inception of this case, intervenor observed and witnessed

the antics of the defendants who acts with stealth and machination in

intruding into the property, hence the propriety of this intervention, to the

effect that they may partake in the proceeding at hand ;

 21.Due to defendants’ stubborn refusal to respect and vacate the land in

question, intervenor is constrained to engage the services of counsel to

file and prosecute the above-captioned case, whom they promised to pay

Php50,000.00 as Attorney’s Fees and Php5,000.00 as appearance fee ;

22.In view of the unjustified refusal of defendant, intervenor have spent and

will continue to spend for filing fees, transportation, reproduction of

documents, meals and other litigation expenses estimated to be in the

amount of P200,000.00 ;

WHEREFORE, intervenor prays that they be ACKNOWLEDGED and

PERMITTED to intervene in the case, in order to affirm and assert the rights,

claims and interests of the workers and that accordingly, judgment be rendered in

their favor:

1. To release all stocks, accounts, payables and properties due to the

workers, retirees, employees and shareholders, in accordance with their

respective rights and interest therein ;

2. Pay the legal fees in the amount of P50,000.00, with P5,000.00 per

appearances fee and litigation expenses in the amount of P200,000.00 ;

3. To lift the sequestration in relation thereto;

4. To grant to the intervenors other relief and remedies consistent with

justice and equity.

San Francisco, (for Trento) Agusan del Sur this 17th day of August 2020.
ALVIZO and MONTILLA LAW OFFICES
2/F Tiu Bldg. Obedoza St., Brgy. 2
San Francisco, Agusan del Sur

By:

LEON O. MONTILLA, JR.

IBP Lifetime No. 03110
PTR No. 8405932 on 1-8-20
At Agusan del Sur
Roll No. 44691
MCLE Compliance No. VI - 0003236
October 2, 2017 - Pasig City
(Until April 2022)