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MATERIAL DATES
PREFATORY
1
Appeals1, this Court laid down the following precepts regarding the
resolution of agrarian disputes:
THE PARTIES
3
Copy of OCT No. 14548 is hereto attached as Exhibit “B”
4 See complaint
5 Copy of the Deed of Sale in favor of Nonato Ifurung is hereto attached as
Exhibit “C”
3
respondents a private document denominated as “Katulagan”6. The
said agreement was executed in a local language and signed by the
respondents with full knowledge of its contents. It was agreed in the
“Katulagan” that the respondents shall pay ten (10) cavans of Rice
per hectare following each and every cropping.
ISSUES
4
ARGUMENTS/DISCUSSION
XXX
SECTION 36. Possession of Landholding; Exceptions. —
Notwithstanding any agreement as to the period or future
surrender, of the land, an agricultural lessee shall continue in
the enjoyment and possession of his landholding except when
his dispossession has been authorized by the Court in a
judgment that is final and executory if after due hearing it is
shown that:
5
(3) The agricultural lessee planted crops or used the
landholding for a purpose other than what had been previously
agreed upon;
(6) The agricultural lessee does not pay the lease rental
when it falls due: Provided, That if the non-payment of the
rental shall be due to crop failure to the extent of seventy-
five per centum as a result of a fortuitous event, the non-
payment shall not be a ground for dispossession, although
the obligation to pay the rental due that particular crop is
not thereby extinguished; or (emphasis supplied)
6
Further, the acts of the respondents in denying the existence of
the “Katulagan” which was freely entered by them with the petitioners,
show common design on the part of the respondents to deny the
petitioners of the lease rentals which were due to them. It is
noteworthy that the terms of the said agreement are favorable to the
respondents as the amount of rental agreed upon is even below the
maximum rentals allowed by law. Thus it is without an iota of doubt
that the said agreement is genuine and it could not have been a mere
concoction. On the contrary, a perusal of the Answer of the
respondents will reveal that the computation of rentals as provided by
them are mere speculations and pure fabrications. Respondents
failed to present a single document to prove the amount of rentals
alleged by them, except for the affidavits of witnesses who are
incompetent to testify on the matter as they are not party to any
agreement with the petitioners.
PRAYER
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3. Other remedies just and equitable under the
premises is likewise prayed.
Copy Furnished:
Department of Agrarian reform
Bureau of Agrarian Legal Assistance
Province of Cagayan
Counsel for the respondents
EXPLANATION
VERIFICATION
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I, Bonifacio B. Ifurung, representative of the Heirs of
Nonato ifurung, resident of Banaue St., San gabriel, Tuguegarao City,
residents of Banaue St., San gabriel, Tuguegarao City, after having
been duly sworn to in accordance with law, do hereby depose and
say:
3. That all the allegations and contents thereof are true and correct
to my own personal knowledge and based on available
authentic documents;
Bonifacio B. Ifurung
Affiant
Doc. No.
Page No.
Book No.
Series of 2019.