1. Seven individuals filed a consolidated petition to the Department of Agrarian Reform seeking to disqualify five named respondents as beneficiaries of an agrarian reform award and reallocate the land to the petitioners.
2. The petitioners argue that some of the respondents are deceased and already own over the legal land limit, while others are not cultivating the land as required. Meanwhile, the petitioners have been cultivating the land for over five years and meet the requirements to become beneficiaries.
3. The petitioners request that the respondents be disqualified as beneficiaries and the awards be reallocated to the seven petitioners named in the petition.
1. Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
CARAGA Region
Province of Agusan del Sur
CEEJAY P. GOC-ONG,
ROMEO D. DESALES, SR,
ROMARK P. PADUA,
JEANE MAE U. SOBERANO,
ELEASAR CRIS P. DESALES,
ROGELIO O. PARAO and
BEN LAUREAL
Petitioners,
-versus- For: Disqualification and Reallocation of
Agrarian Reform Beneficiaries
FRANCISCO A. FRANCO,
SERAFIN F. FRANCO,
NOLIE D. SOBERANO,
ZALDY D. DESALES and
JUAN A. FRANCO
Respondents.
x----------------------------------------x
PETITION
Petitioners, unto the Honorable Office, respectfully state that:
1. This is a Consolidated Petition for Disqualification of the respondents as an
Agrarian Reform Beneficiary (ARB) of the landholding covered by Collective
Certificate of Land Ownership Award (CCLOA) registered as FRANCISCO A.
FRANCO , et al., embraced by Title No. T-884 described as Lot No. 2881, Pls-
67 with a total area of 10.3193 hectares located at Brgy. Mambalili, Bunawan,
Agusan del Sur, and a Petition for Reallocation of the said award to herein
petitioners who are an actual tillers of the same;
2. Respondents are ARBs of a landholding covered by Collective Certificate of
Land Ownership Award (CCLOA) registered FRANCISCO A. FRANCO , et al.,
embraced by Title No. T-884 described as Lot No. 2881, Pls-67 with a total
area of 10.3193 hectares located at Brgy. Mambalili, Bunawan, Agusan del
Sur;
3. The present landholding was entered by the respondents to cultivate, on the
same date the CCLOA was registered at the Register of Deeds of Agusan del
Sur.
4. However, FRANCISCO A. FRANCO, SERAFIN F. FRANCO and JUAN A.
FRANCO who are already deceased have also been found to already have
another respective landholding consisting of 3 hectares in contradiction of the
limitation set forth by law for a person to be qualified as Agrarian Reform
Beneficiary. Proof such death and that they already have another landholding
consisting of 3 hectares respectively are hereto attached as ANNEXES “A”,
“B”, “C”, “D”, “E”, and “F” respectively and forms an integral part hereof;
5. Moreover, NOLIE D. SOBERANO and ZALDY D. DESALES, are not cultivating
the subject property, it is their children, who are also petitioners herein
2. namely _____________ and ______________. Proof of such are hereto
attached as ANNEXES “G” and “H” respectively and forms an integral part
hereof;
6. At present and for more than five (5) years, the herein petitioners has been
continuously and notoriously cultivating the subject property which consists
mostly of rice fields;
7. Petitioners likewise possess the general requirements to become an Agrarian
Reform Beneficiary of the present landholding as evidenced by their
Certificate of Live Births, Barangay Certificates of Residency, BARC
Certificates of Actual Cultivation, and Certification issued by Provincial
Assessment and Treasury Office on their Total Aggregate Landholding. Copy
of which are hereto attached as ANNEXES “I”, “J”, “K” and “L” and forms an
integral part hereof.
8. WHEREFORE, it is prayed that respondents be disqualified as an ARBs in the
subject property particularly that of Collective Certificate of Land Ownership
Award (CCLOA) registered as FRANCISCO A. FRANCO , et al., embraced by
Title No. T-884 described as Lot No. 2881, Pls-67 with a total area of 10.3193
hectares located at Brgy. Mambalili, Bunawan, Agusan del Sur, on the ground
of abandonment and reallocate the same awards to the herein petitioners
namely;
a. CEEJAY P. GOC-ONG
b. ROMEO D. DESALES, SR
c. ROMARK P. PADUA
d. JEANE MAE U. SOBERANO
e. ELEASAR CRIS P. DESALES
f. ROGELIO O. PARAO
g. BEN LAUREAL
MOST RESPECTFULLY SUBMITTED.
Bunawan Agusan del Sur, Philippines this ______day of _________________
2022.
CEEJAY P. GOC-ONG ROMEO D. DESALES, SR
Petitioner Petitioner
ROMARK P. PADUA JEANE MAE U. SOBERANO
Petitioner Petitioner
ELEASAR CRIS P. DESALES ROGELIO O. PARAO
Petitioner Petitioner
BEN LAUREAL
Petitioner
3. DISCLOSURE STATEMENT
Republic of the Philippines )
Province of Agusan del Sur) S.S
We, CEEJAY P. GOC-ONG, ROMEO D. DESALES, SR. ROMARK P. PADUA, JEANE
MAE U. SOBERANO, ELEASAR CRIS P. DESALES, ROGELIO O. PARAO and BEN
LAUREAL all of legal ages, Filipinos, and residents of barangay Mambalili, Bunawan
Agusan del Sur, Philippines, after having been sworn in accordance with law, do hereby
depose and say:
1. That we are the Petitioners in the above-titled case;
2. That we further certify that: (a) we have not therefore commences any other
action or proceeding or filed any claim involving the same land, or a portion
thereof, or issue or matter in any court, tribunal, or quasi-judicial agency and
to the best of my knowledge, no such action or proceeding is pending or
have been terminated therein; (b) if we should thereafter learn that the same
or similar action or proceeding has been filed or is pending before any court
or any other tribunal or quasi-judicial agency, we undertake to report such
fact within five (5) days therefrom to the DAR Office where the petition is
pending.
IN WITNESS WHEREOF, we hereunto affix our signatures this _______________
at _____________________, Agusan del Sur Philippines
CEEJAY P. GOC-ONG ROMEO D. DESALES, SR ROMARK P. PADUA
Affiant Affiant Affiant
I.D. No.__________ I.D. No.__________ I.D. No.__________
JEANE MAE U. SOBERANO ELEASAR CRIS P. DESALES
Affiant Affiant
I.D. No.__________ I.D. No.__________
ROGELIO O. PARAO BEN LAUREAL
Affiant Affiant
I.D. No.__________ I.D. No.__________
SUBSCRIBED and SWORN to before me this ___________ at _________, Agusan del
Sur, Philippines, by the above affiant who is known to me through _____________
issued on _______________ issued at ______________________ as competent proof
of his identity.
Doc No. _____
Page No. ____ NOTARY PUBLIC
Book No. ____
Series of 2022