Complaint (darab) Sample.docx

Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD Office of the Provincial Adjudicator Tanghas, Tolosa, Leyte

Cordapio Ampatuan 14344-12 Plaintiff

DARAB CASE No. LFOR 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 sister’s 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 latter’s 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 abovementioned 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 Complainant’s 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 Complainant’s 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 necessary materials for the corn plantation;

the

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 Complainant’s sister confronted the herein Defendants, they instead threatened to harm her with their bolo; 15. That the Complainant’s 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 Complainant’s 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 quasitribunals; 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 24th 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