Department of Agrarian Reform

Adjudication Board (DARAB)

Office of the Provincial Adjudicator, Branch IV, Mabini Extension, Cabanatuan City, Nueva Ecija

DELILAH D.L. GALANG rep. By

EDGARDO D.L. GALANG,
Petitioners,

-versus- DARAB CASE NO.13544’SNE’18

ROGER F. JAVIER, NOREEN J.

ORTIZ, LUCIANO BALTAZAR,
ROBERTO BALUNAN, LARRY
BALUNAN AND BENILDA D.L.
ZAMORA
Respondents.
x------------------------x

ORDER
This resolves the Motion to Dismiss filed by the respondents on May
17, 2018 anchored on the ground of lack of jurisdiction.

Respondents alleged that this Board is bereft of any authority to take

cognizance of the instant case as there is no allegation in the petition that
would bring the action to this Board. According to them, it is the regular courts
which has jurisdiction as it involves Recovery of Possession between parties
without tenancy relations.

In a hearing held on June 28, 2018, the pending incident was submitted
for resolution.

While it was alleged that the respondents are not tenants over the
subject landholding, it was disclosed that the herein respondents filed a
petition for coverage of the said landholding before the Office of the Regional
Director docketed as Docket No. A-1308-0731-2012, A.R. Case No. LSD
0307-2012.
Page 2 of 3
RESOLUTION… DARAB Case No. 13544’SNE’18

As a matter of fact an Order has been issued in the said case dated 20
March 2013 directing the PARO and MARO concerned to send the
corresponding Notice of Coverage involving the landholding in question.

From the foregoing, the instant case for recovery of possession is well
within the jurisdiction of this board to resolve.

SECTION 1 of the 2009 DARAB Rules of Procedure states that:

“Primary and Exclusive Original and Appellate Jurisdiction. The Board

shall have primary and exclusive jurisdiction, both original and appellate, to
determine and adjudicate all agrarian disputes involving the
implementation of the Comprehensive Agrarian Reform Program (CARP)
under Republic Act No. 6657, Executive Order Nos. 228, and 129-A,
Republic Act No. 3844 as amended by Republic Act No. 6389, Presidential
Decree No. 27 and other agrarian laws and their implementing rules and
regulations.”

WHEREFORE, in view of the foregoing, the Motion to Dismiss is

DENIED. Accordingly, respondents are hereby DIRECTED to submit the
case status pending before the Office of the Regional Director, while
petitioner is DIRECTED to submit the case status of the petition for the
Cancellation of the Order dated 20 March 2013, likewise pending before the
Office of the Regional Director. This case is set for Preliminary Conference
on August 9, 2018.

SO ORDERED.

Cabanatuan City, Nueva Ecija, August 7, 2018.

ATTY. ARIEL D. MAGLALANG

Provincial Adjudicator
Page 3 of 3
RESOLUTION… DARAB Case No. 13544’SNE’18

Copy furnished:

Delilah DL Galang, rep. by Edgardo DL Galang

Valdefuete, 3100 Cabanatuan City

Atty. Mario Benitez

No. 273 Magsaysay Sur, Cabanatuan City

Roger F. Javier
290 Valdufuente, Cabanatuan City

Noreen J. Ortiz
Bagong Silang, Daan Sarile, Cabanatuan City

Luciano Baltazar
Brgy. Lourdes, 3100 Cabanatuan City

Roberto Balunan/Larry Balunan

Both of Dike, Valdefuente, Cabanatuan City

Benilda Zamora
Shortcut, Valdefuente, Cabanatuan City, Nueva Ecija