Darab Sample Complaint

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
Tanghas, Tolosa, Leyte
Cordapio Ampatuan
Plaintiff
DARAB CASE No. L-14344-12

FOR DECLARATION OF
TENANCY
-versusWella Ampatuan
Perfecta Kinulang
Tiburcio Ampatuan, and
Candelaria Masinag
Defendants
x---------------------------x
COMPLAINT
PLAINTIFF, by himself unto this Honorable Office, most
respectfully avers:
1. That Complainant, a Filipino, of legal age, married, is a resident
of Tunga, Leyte;
2. That Defendants, also Filipinos, of legal ages, married, are
residents of Brgy. Camurayawan, Tunga, Leyte, where they may
be served summons, and other processes of this Honorable
Office;
3. That both parties have the capacity to sue and be sued;
4. That Complainant has conditionally acquired through sale with a
right to repurchase, from sister Helloa Garcillano, a parcel of
land identified as Lot No. 0210, containing an area of 10
hectares, more or less, situated at Brgy. Camurayawan, Tunga,
Leyte; That the aforesaid land was his sisters share of the
inheritance on the estate of their father Andalus Ampatuan; (a
copy of a tax delaration in the name of Helloa Garcillano is
hereto attached as ANNEX A, and a Deed of Sale with a Right to
Repurchase is hereto attached as ANNEX B);
5. That before the aforesaid land was adjudicated to Helloa

Garcillano, it was then occupied and cultivated by their brother
Waldy Ampatuan, on the latters presumption that it would be
adjudicated to him as his share in the inheritance;
6. That although said Waldy Ampatuan predeceased their father
Andalus Amapatuan, yet his children, the herein Defendants,
remained occupying and possessing the land in the concept of an
owner;
7. That when Andalus died in 1999, his estate was divided among
his children; that the above-mentioned lot numbered 0210 was
adjudicated to Helloa Garcillano, and not to Waldy Ampatuan,
because the latter was also in possession of the other adjoin lot
which is being than that of the herein subject lot;
8. That even having identified the respective areas adjudicated to
each heir, and that the subject land was clearly adjudicated to the
Complainants sister, still the Defendants herein continually
occupied the land;
9. That after the Defendants attention have been called to this
matter, they remained and continually stayed in the land with the
promises that they will readily vacate it should the owner
decides to use the property anytime;
10.
That when the Complainants sister decided to use the
property after she retired from government service in 2010, she
again reminded the Defendants for their need to vacate the
premises, but the Defendants insisted that they are willing to be
her laborers for any plan on the development of the property;
11. That the Complainants sister told the Defendants that she
planned to plant corn on the property;
12. That Helloa Garcillano purchased the necessary materials for
the corn plantation;
13. That the Defendants did not plant the corn seeds, and, instead
allowed them to rot within the premises of the subject property;
14. That when the Complainants sister confronted the herein
Defendants, they instead threatened to harm her with their bolo;
15. That the Complainants sister reported the said incident to the
Tunga Police station, a copy of the Police Blotter herein marked
as ANNEX C is attached;
16. That the Complainants sister accompanied by the herein
Complainant were summoned together with the Defendants to
the Lupon Tagapamayapa ng Brgy. Camurayawan on the 6th June
2010;
17. That the Defendants, in that confrontation with the Lupon,
agreed without any condition to vacate the premises within one
(1) month;
18.
That after the time for them to vacate has arrived,
Defendants, then and there refused to vacate and told the herein
sister of the Complainant that they are tenants and he challenged
the herein sister of the Complainant to file a case in court if she
wishes;
19. That the sister of the herein Complainant discovered that
Defendants have started hiring laborers for tilling the land to be
ready for Rice Plantation;
20. That because of an unexpected event that the sister of the
herein Complainant has to leave for the United States of America
for good, she sold the property to the herein Complainant as
evidenced by the Deed Conditional Sale with a Right to
Repurchase marked as ANNEX D;
21. That when the herein Complainant visited the property, he
was surprised to find out that the land which was supposedly to
be readied for Corn Plantation, has been plowed and planted
with rice;
22. That Complainant consequently sought advice from DAR
Municipal Office of Tunga regarding the matter. That he was
advised to have them summoned before the Office of the
Barangay Chairman of Camurayawan of which the Defendants
never showed up;
23. That the Defendants continued possession of the land as
tenants is their malicious ploy to adhere to the property; and thus
be able to continue to stay or reside therein;
24. That due to these unlawful acts of Defendants, the herein
Complainant was forced to litigate in order to protect his
interest, and thereby incurring expenses in connection thereof

amounting to PESOS: Fifty Thousand and 35/100 (P50,000.00);
likewise, he also suffered sleepless nights, wounded feelings,
and serious anxiety which if converted into monetary
consideration would amount to PESOS: Fifty Five Thousand and
xx/100 (P55,000.00);
WHEREFORE, premises considered it is most respectfully
prayed unto this Honorable Court, that after trial and hearing,
judgment be rendered in favor of the Complainant as follows:
1. Declaring Defendants not tenants of the subject land;
2. Ordering the Defendants and all other persons acting in
their behalf to vacate the subject property, and to cease
and desist from further entering and cultivating the
same;
3. Ordering the Defendants to pay the Complainant the
amount of P50,000.35 as litigation expenses, and
another P55,000.00 as moral damages;
4. Ordering the Defendants to pay the Complainant the
amount of P20,000.00 as exemplary damages in other to
deter others from committing similar acts
Such other relief just and equitable under the foregoing
premises is also prayed for.
Tunga Leyte for Tanghas, Tolosa, Leyte.
July 24, 2012
Cordapio Ampatuan
Complainant
VERIFICATION AND CERTIFICATION FOR NONFORUM SHOPPING
I, Cordapio Ampatuan, under oath states:

That I am the Complainant in the foregoing case;
That I caused the preparation of the aforesaid complaint, and I
understand the contents thereof to be true and correct according to the best
of my knowledge;
That I have not commenced any other action of similar nature
involving same parties, subject matter, and cause of action, in the
Supreme Court, Court of Appeals, or any other tribunal or quasi-tribunal;
That there is no pending action of the same nature involving the same
parties, subject matter and cause of action, in the aforesaid tribunals or
quasi-tribunals; That if I learn of a similar action involving the same
parties, subject matter and cause of action pending before those tribunals,
I undertake to make a report in writing within 5 days thereof;
IN WITNESS WHEREOF, I have hereunto set my hands this 24 th
day of July 2012, in Tacloban City.
Cordapio Ampatuan
Affiant
Senior Citizen Control No. 108
Date Issued: Jan 2, 2012
Place issued: Tunga, Leyte
SUBSCRIBED AND SWORN to before me this 25th day of July,
2012, Tacloban City.
Vilmar A. Solis
Notary Public
Until December 31, 2012
PTR No. 9087566, Tacloban City
MCLE No. 8776394
Doc No.
Book No.
Page No.
Series of
95
1
45
2012

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Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

DARAB CASE No. L-14344-12

5. That before the aforesaid land was adjudicated to Helloa

interest, and thereby incurring expenses in connection thereof

VERIFICATION AND CERTIFICATION FOR NONFORUM SHOPPING

I, Cordapio Ampatuan, under oath states:

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