Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Provincial Agrarian Reform Adjudication Board
Province of Misamis Oriental
Carmen, Cagayan de Oro City

DELIA NAVARRO-PADERAN and DARAB CASE # X(06)-7127

NENITA NAVARRO-TUBO, For :
Plaintiffs,

-versus - ILLEGAL EJECTMENT, INJUNCTION,

PRELIMINARY INJUNCTION, AND
JOSE AMADO PABAYO-SANTOS, TRO
PEMPEE SANTOS, MAXIMOS and
John Does,
Defendants.
X--------------------/

POSITION PAPER

COMES NOW THE PLAINTIFFS, by the undersigned counsel, unto this

Honorable Court most respectfully submits and presents this Position Paper
in the above-titled case and avers that;

I. TIMELINESS OF THE POSITION PAPER

1. An Order from this Honorable Court dated June 20, 2019, giving the
herein parties thirty (30) days from receipt to submit their respective
Position Paper was received by the undersigned on July 2, 2019.
Hence, this compliance.

II. PROPERTY INVOLVED

2. The land subject of this dispute is owned by the late Longino Navarro
and is covered under Certificate of Land Transfer # 0-035995 , PMS /
Lot Number 05600 / 00073 consisting of 3.0100 , issued on MY 7,
1980 , located in Lumbia, Cagayan de Oro, Misamis Oriental Misamis
Oriental. The Department of Agrarian Reform - Central Office issued
 a Certification dated November 5, 2018 to the effect that the late
Longino T. Navarro, Sr. was among those listed as having been issued
with Certificate Of Land Transfer ( CLTs , for brevity ) covering
farmlots in Lumbia, Cagayan de Oro City

III. STATEMENT OF FACTS

3. The herein plaintiffs are the heirs of the late Longino Navarro, who
is the owner of the above mentioned parcel of land.

4. That Longino Navarro, has a Certificate of Land Transfer as evidence

and that The Department of Agrarian Reform - Central Office has
even issued a Certification dated November 5, 2018 to the effect
that the he was among those listed as having been issued with
Certificate of Land Transfer. The same certificates are attached as
ANNEXES “A” and “B” of the Complaint respectively.

5. After the death of Longino Navarro, the plaintiffs continued the

possession and cultivation of the afore-mentioned parcel of land and
have introduced improvements thereat by planting the farmlot with
crops such as mangos and cashew fruit trees. A certification to that
effect from Alexander V. Torralba of Lumbia, the Punong Barangay
of Cagayan de Oro City, was attached as ANNEX “C” in the
Complaint.

6. However, sometime on September 24, 2018, herein defendants

unlawfully entered the farmlot and then proceeded to demolish their
houses which were built in the area. An extract of the Police Blotter
in relation to the said incident was attached as ANNEX “D” in the
Complaint.

7. Moreso, even prior to the demolition, the defendant Santos while at

the barangay hall on August 23, 2018, at around 2:00 in the
afternoon, uttered in the dialect , and to quote, " KUNG MO BALIK
MO PAG SULOD PAMUSILON TAMO" ( translation : If you enter again,
I will shoot you ) An extract of the Police Blotter in relation to the
said incident was attached as ANNEX “E” in the Complaint;

8. After which, herein plaintiffs lodged a complaint against the

defendants before the Office of the BARC Chairman, who in turn
issued a certification to file action after failure of the parties to
settle. The same certification is attached as ANNEX “F” on the
Complaint.
 III. ISSUES

A) Whether or not the plaintiffs were illegally ejected from the subject
property by defendants;

B) Whether or not the defendants are liable for damages to the

plaintiffs.

VI. DISCUSSION / ARGUMENTS

Respectfully submitted.

Cagayan de Oro City, Philippines, June 26, 2019.

PALASAN, GALEON, ECLEVIA and ASSOCIATES LAW OFFICE

Door 1, Goodwill Bldg., Rizal – Fernandez Sts., Cagayan de Oro City
palasanlawoffice@yahoo.com/ Contact Nos. (088) 851-2051/0906-509-
4613

By:

TIBURCIO M. PALASAN, JR.

ROLL NO. 37410
PTR NO: 4092142, 01-04-2019
IBP NO: 062651, 01-04-2019
Issued in Cagayan de Oro City
MCLE Compliance No.VI-0003957
Issued on November 3, 2017
tmpjr70@gmail.com
Copy furnished : ( by personal delivery )

Atty. Erwin B. Bucio

BARBA AND ASSOCIATES LAW OFFICE
Velez-Luna streets, Cagayan de Oro City

Received by: __________________