Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
OFFICE OF THE PROVINCIAL AGRARIAN REFORM ADJUDICATOR
Region III
Diwa ng Tarlak, Tarlac City

LAND BANK OF THE PHILIPPINES

represented by DOMINADOR R.
DELIZO
Petiti
oner,

-versus- DARAB CASE No. ________________

DANILO M. ALVIAR, DANNY C.

BAUTISTA, JIMMY C. BAUTISTA,
FIDEL C. CASTRO, RODOLFO L.
CASTRO, VIRGINIA L. CASTRO,
BENILDA B. CAYME, BEVERLY B.
CAYME, JOSEPH B. CAYME, RAMILO
B. CAYME, LUCITA J. DEL ROSARIO,
RAYMOND DOMINGO, ROWENA D.
DOMINGO, APOLINARIO B.
PRINDIANA, BENJAMIN PRINDIANA,
GAUDENCIO B. PRINDIANA,
CATALINA T. REYES, GREGORIO
RIVERA, YOLANDA G. RIVERA,
WILFREDO SAHAGUN,

Private
Respondents,

DEPARTMENT OF AGRARIAN
REFORM OF TARLAC,
Public
Respondent.
x------------------------------------------------------x

PETITION

Petitioner, Land Bank of the Philippines and unto this Honorable Office,
most respectfully state that:

1. Petitioner Land Bank of the Philippines (LBP) is a banking institution

mandated as the financial intermediary for the CARP of the
Department of Agrarian Reform under Section 64 of RA 6657 and with

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 postal address at Mac Arthur Hi-way, Tarlac City represented by
Dominador R. Delizo;

2. Respondent Department of Agrarian Reform (DAR) is hereby impleaded

as nominal party as the primary agency tasked with the
implementation of agrarian reform through its Provincial Office with
postal address at Diwa ng Tarlak, San Vicente, Tarlac City

3. That the Respondents are of all legal ages, Filipino, with residential
addresses at Barangay Caut, La Paz, Tarlac;

4. Respondents are Agrarian Reform Beneficiaries under BATINGAW

Farms, Inc. Estate situated at Barangay Caut, La Paz, Tarlac and were
subsequently issued Titles in their favor pursuant to Section 26 of RA
6657;

5. Respondents are in remise with the payment of amortization fees as

evidenced by their individual statements of account and are now
subject to foreclosure by the Petitioner as prescribed in Section 26 of
RA 6657 which states:

Section 26. Payment by Beneficiaries. Lands awarded

pursuant to this Act shall be paid for by the beneficiaries to the
LBP in thirty (30) annual amortizations at six percent (6%)
interest per annum. The payments for the first three (3) years
after the award may be at reduced amounts as established by
the PARC: provided, that the first five (5) annual payments may
not be more than five percent (5%) of the value of the annual
gross production as established by the DAR. Should the
scheduled annual payments after the fifth year exceed ten
percent (10%) of the annual gross production and the failure to
produce accordingly is not due to the beneficiary's fault, the LBP
may reduce the interest rate or reduce the principal obligations
to make the repayment affordable.

The LBP shall have a lien by way of mortgage on the land

awarded to the beneficiary; and this mortgage may be
foreclosed by the LBP for non-payment of an aggregate of three
(3) annual amortizations. The LBP shall advise the DAR of such
proceedings and the latter shall subsequently award the
forfeited landholdings to other qualified beneficiaries. A
beneficiary whose land, as provided herein, has been foreclosed
shall thereafter be permanently disqualified from becoming a
beneficiary under this Act.

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 6. That a Mediation between the parties was conducted by the DAR Legal
Services Division where they were informed of their delinquencies
based on their individual statements of account issued by the LBP
relative to the amortization payments and the possible disqualification
as a result thereof;

7. That at the time of the

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Office that the Respondents be declared delinquent with the
prescribed payment of amortization fees due for each of their lot and to
direct the DAR to reallocate the subject lots covered by their respective titles
to other qualified beneficiaries subject to applicable laws and rules on the
matter

Other reliefs that are just and equitable are likewise prayed for

Tarlac. ___________, 2017.

_____________________________
PETITION
ER

Republic of the Philippines )

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Tarlac City )
Province of Tarlac ) s.s

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, ____________________________, of legal age, Filipino, and a resident of

____________________________________, after having been duly sworn to in accordance
with law, hereby depose and state:

1. That I am the Petitioner in the above-entitled case;

2. That I have caused the preparation and filing of the foregoing

Petition in the instant case, and understand the contents thereof;

3. That the allegations therein are all true and correct to the best of
my knowledge and belief;

4. That I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any tribunal or agency
of the government;

5. That to the best of my knowledge, no such action or proceeding is

pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency;

6. That I should therefore learned that a similar action or proceeding has

been filed or is pending before any other court, tribunal or agency, I undertake to
report that fact within five (5) days there from to the Court.

IN WITNESS WHEREOF, I have hereunto set and affixed my signature this

____ day of ____________________, 2017 , at Tarlac City, Tarlac.

_______________________________

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of

_____________________, 2017 at Tarlac City, Tarlac.

NOTARY PUBLIC

Doc. No. _____

Page No. _____
Book No. _____
Series of 2017.