Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
Urdaneta, Pangasinan

Juanita Pascua
Plaintiff

DARAB CASE No. P-2008-08

FOR DECLARATION OF
TENANCY

-versusAileen Bautista
Defendant
x---------------------------x
COMPLAINT
PLAINTIFF, through the undersigned Counsel unto this Honorable
Office, most respectfully avers:
1.
That Complainant, a Filipino, of legal age, married, is a
resident of Brgy. Palaming, San Carlos City, Pangasinan where she
may be served summons, and other processes of this Honorable
Office;
2.
That Defendant, also Filipino, of legal age, married, a
resident of Brgy. Palaming, San Carlos City, Pangasinan where she
may be served summons, and other processes of this Honorable
Office;
3.
That Complainants brother, Marcelo Bautista and
consequently the father of the Defendant convinced herein
Complainant to become his tenant over the parcel of land he recently
bought, more specifically known as Lot 27796 located in Barangay
Palaming, San Carlos City, Pangasinan before he migrated to Canada
in 1985;

4.
That by virtue of Complainants institution as tenant over the
said land by Marcelo Bautista, there was a mutual and verbal
agreement that herein Complainant shall be in possession and
occupation of the said land for the purpose of cultivation and
production of agricultural products;
5.
That Complainants brother, Marcelo Bautista was the one
who actually procured the materials and hired laborers to build the
house for the Complainant and her family before he migrated to
Canada in 1985;
6.
That from 1985 then on Complainant and her immediate
family members remained as an agricultural tenant of subject lot up to
the present;
7.
That products of subject land range from rice and corn to
vegetables and fruit-bearing trees like mango and jackfruit;
8.
That fifty percent (50%) of the products of the said land
were directly delivered by Complainant to Marcelo Bautista while he
was still in the country who signed and issued receipts of his share in
the agricultural produce;
9.
That in July 25, 1988, upon knowing the death of Marcelo
Bautista in Canada, Complainant personally delivered the same fifty
percent (50%) of the agricultural products from subject land to Pricilla
Bautista, the eldest daughter of the Marcelo Bautista up to the present,
who also signed in the receipts thereof;
10. That on May 17, 2008, typhoon Cosme caused the
unfortunate devastation of Complainants house, mango plantation and
three (3) fallen electrical posts in the subject land causing the urgency
to repair the destroyed abode and electrical posts;
11. That on May 18, 2008, with their ruined dwelling,
Complainant and her family evacuated to her husbands uncle in
Barangay Ilang, San Carlos City, Pangasinan temporarily;
12. That on May 30, 2008, Complainant, before commencing the
necessary repairs and clearing of the debris brought about by the
storm, informed and begged to the Defendant to allow them to repair

their house and the rebuilding of the three (3) fallen electrical posts on
the subject land;
13.
That Defendant refused to give Complainant consent to
begin the repairs, stating that such repairs would entail service trucks
from the electric company and laborers who would construct
Complainants house would enter and pass Defendants private land
leading to further damage to the latters garden;
14. That on June 5, 2008, Defendant brought with her five (5)
men and gathered the dismantled parts of Complainants house
without the latters consent and left a note stating that Complainant
and her family should leave the subject land as they were not real
tenants of the subject land due to their failure in remitting Defendants
share in the agricultural produce from February to April 2008;
15. That Complainant vowed to have delivered the Defendants
share in the agricultural products from February to April 2008 to the
latters eldest son who have signed and issued receipts;
16. That Complainant claims that such issued receipts from
February to April succumbed to damage brought about by typhoon
Cosme;
17. That on June 10, 2014 the matter was consulted with the
Department of Agrarian Reform, San Carlos City, Pangasinan;
18. That on June 15, 2008, Rhondalia G. Poquiz, the Legal
Officer of the said office conducted ocular inspection over the subject
land;
19. That mediation conferences were scheduled and conducted at
the Office of the Barangay Chairman of Palaming, San Carlos City
during the following days, yet no amicable settlement as to the said
issue was ever resolved between the parties;
20. That Defendant created a blockade preventing herein
Complainant of entering the subject land and rebuilding the ravished
house, also preventing them from continuing their tenancy on the
agricultural land in question;

21. That due to these unlawful acts of Defendant, the herein

Complainant was forced to litigate in order to protect her interest, and
thereby incurring expenses in connection thereof amounting to
PESOS: Fifty Thousand and 35/100 (P50,000.00);moreover,
Complainant was not able to redeem the parts and materials of her
abode when Defendant gathered them without her consent amounting
to PESOS: One hundred fifty thousand and xx/100 (150,000.00);
likewise, she also suffered sleepless nights, wounded feelings, and
serious anxiety which if converted into monetary consideration would
amount to PESOS: Sixty 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:
Declaring Complainant as tenant of the subject land and
continue in tilling and cultivating the subject land;
2. Ordering the Defendant to allow the Complainant in
commencing with the necessary house repairs.
3. Ordering the Defendants to pay the Complainant the amount
of P50,000.00 as litigation expenses, P150,000.00 as damage
to property and another P65,000.00 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
1.

Such other relief just and equitable under the foregoing premises
is also prayed for.
June 20, 2008, Urdaneta City, Pangasinan.

Mhelody G. Belmonte
-Counsel for the PlaintiffUntil December 31, 2015
PTR No. ###########, San Carlos City
MCLE No. ##########

VERIFICATION AND CERTIFICATION FOR NON-FORUM

SHOPPING
I, Juanita Pascua, 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 20th day of
June 2008, in Urdaneta City.

Juanita B. Pascua
Affiant
Senior Citizen Control No. 133
Date Issued: May 2, 2007
Place issued: San Carlos City, Pang.
SUBSCRIBED AND SWORN to before me this 20 th day of June, 2008,
Urdaneta City.

Mhelody G. Belmonte
Notary Public
Until December 31, 2015
PTR No. ###########, San Carlos City
MCLE No. ##########