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vs.
NILO GAMANA
MONINA MARAGRAG
TOTO VILLARIN
GUILLERMO VILLARIN
EULALIA VILLARIN
DIOSDADO CABILOS, joined by
their spouses
Defendants
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ANSWER
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6. That defendants deny paragraph 6 of the complaint. The first
person to cultivate the said land is Eusebio Villarin, husband of
Eulalia Villarin and father of Monina Maragrag, Guillermo
Villarin and Toto Villarin;
AFFIRMATIVE DEFENSES
Agrarian Dispute.
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It includes any controversy relating to compensation of
lands acquired under this Act and other terms and
conditions of transfer of ownership from landowners to
farmworkers, tenants and other agrarian reform
beneficiaries, whether the disputants stand in the
proximate relation of farm operator and beneficiary,
landowner and tenant, or lessor and lessee.
14. In its implementing rule under DAR Administrative No. 04, Series
of 2009, otherwise known as the RULES AND REGULATIONS
IMPLEMENTING SECTION 19 OF R.A.9700(JURISDICTION ON
AND REFERRAL OF AGRARIAN DISPUTE), it provides that all
cases which allege tenancy and agrarian dispute or any action related
thereto in the pleadings whether it was filed with MCTC which
include this Honorable Court by landowners shall be referred to the
DAR as provided as follows:
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Section 2. Cases Covered – This guideline shall apply to cases filed
before the Prosecutor’s Office, the Municipal Circuit Trial Court,
Metropolitan Trial Court and the Regional Trial Court(MCTC, MTC,
MTC and RTC), whether it be criminal or civil in nature by
landowners/lessors or their representatives against a
tenant/lessee/farmer-beneficiary/farmer/farmworker and/ or cases
that may arise out of or in connection with an agrarian dispute except
those cases provided for under Section 57 of Republic Act No. 6657.”
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PRAYER
Wherefore, premises considered, it is most respectfully prayed that this
Honorable Court issue and order:
(1.) The complaint dismissed in favor of the defendants for lack of
jurisdiction;
(2.) The award of Attorney’s Fees in favor of the plaintiffs denied;
(3.) The plaintiffs to refrain from doing acts violative of the right of
the defendants as potential agrarian reform beneficiaries and to allow
the defendants to continue peaceful possession and cultivation of the
land in issue;
Other reliefs as are just and equitable under the circumstances are
likewise prayed for.
September 8, 2017
By:
Copy Furnished: