Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Quezon City

AAA,
Plaintiff, DARAB Case Nos. 1-3

- Versus –

BBB.
Defendants.
X ----------------------x

POSITION PAPER
[DEFENDANTS]

DEFENDANTS, assisted by the undersigned, and before this

Honorable Office, respectfully state:
DEFENSDANT’S CLAIM

Defendants were all legitimate heirs of their father named

Agapito Lucena. They deny that when their mother died, their father
was remarried to herein plaintiff Laura Lucena, as what they
understand the latter is only a live in partner of their father. They
were not aware of any marriage celebration, Their father solely and
alone acquired the subject lands for long period of time, and finally
such time that the subjects lands were awarded to him. When their
father died, defendants together with other siblings continued in
their possession, and continued in cultivating the subject lands up to
the present time.
 While plaintiff alleged that she was married to Agapito Lucena
sometime in June 9, 1996. If it is true, then it is clear that herein
plaintiff in this case no business in claiming the subject lands,
because in their Annex “ C” which is TCT EPT 6929, EP A-218261,
which composed of 2,186 sq. meters more or less, located at Bitag
Grande, Baggao, Cagayan was given, and awarded on 18 August 1988
[ See records], Annex “ D”, was TCT No. 3770, EP No. 67456, with
9,587 sq. m. more or less, Bitag Grande, Baggao, Cagayan, was
awarded on 25 December 1986 [ See records ], it appearing that
thru grand design and machination plaintiff was able to manipulate
the records to the effect that in the title her name will be included,
the same as that of Annex “ E”. and also as to the fourth title.

The insisting and persisting fact that cannot be avoided is that

in all attachments of Certification issued by MARO [Annexes “F”, “G”
and “H”] it were all named to Agapito Lucena, but they lured and
falsified the documents, and they put and supplied the name of
Laura, in the handwritten form, or by representation, but not as
spouse, An act to mislead this Honorable Body. While the in their
Annexes” I”, “J” and “K” there were inconsistencies. Hence, the fact
remained the same that Laura Lucena has no business in claiming
the subject land.

Plaintiff knowing that she is off balance, resorted in filing

several complaints in the different forum. Plaintiff, file a case in MTC,
Baggao, and it is dismissed, [See records, attachment in our Answer
and Marked as Annex “3”] and again before the RTC, Branch 02,
Tuguegarao City, and they withdrew it [See records, attached to our
Answer and marked as Annex “4 “]. Now to this Honorable Office,
knowing and believing that she can lure this office..

That respondent thru counsel filed a Motion to dismiss and it is

granted. The complainant filed a Motion for reconsideration and the
Honorable Body granted the said Motion for reconsideration. Hence,
trial ensued.

ISSUES

1. Whether or not, there is tenant and landlord relationship;

2. Whether or not this Honorable Office has the power and
right to pass upon the issue of partition and ownership;
3. Whether or not this Honorable Office has the power to
declare that the title in the name of Agapito Lucena and
Laura Lucena as null and void;
4. Whether or not the Honorable Office has the right to pass
upon and /or to issue a new title in favor of the respondents;
5. Whether or not respondents is entitled to damages.

DISCUSSION

The above issues will be discussed jointly as they were

interconnected/relaterd with each other.

The respondents in this case are the legitimate heirs of the

Agapito Lucena, and this fact was duly recognized by the plaintiff in
their complaint [ see complaint, paragraphs 16, 21 and also their
prayer], and in addition they also admitted that for a long time ago
the respondents are in possession of the land up to this present
time.

Despite of the fact that this case is for ordinary court,

nonetheless, our Motion to Dismiss was denied.

Basic is the Rule that we are governed by the rules on

pleadings, and allegations as reflected therein are the controlling
factor.

Forcible Entry falls under the jurisdiction of the Inferior Court.

The averments in the complaint and the relief sought are to be
determined. [Sps Tirona v. Hon. Alejo, 285 Phil 283, 297]

In this particular case, there was a claim of ownership asserted

by the parties. Hence, we submit the Board cannot pass upon [Morta
Sr v. Occidental 308 SCRA 167].

Courts have jurisdiction over possessory actions to determine

the issue of physical possession. [David v. Cordova, 463 SCRA 307].
This fact can be gleaned from its title for; “Recovery of Possession,
Ejectment with damages” [See complaint].

The allegations in the complaint are devoid of any allegations

as to landowner-tenant relationship or any juridical tie.

As far as ownership is concerned, the insisting and persisting

facts that cannot be avoided, as borne by documentary exhibits, is
that Agapito Lucena is the farmer beneficiary, hence it should be him
and his direct descendants are entitled to the lands in issue.

Plaintiff has no business in the land, as she is only a live in

partner.

That, as a penalty in making a false narration of fact, by making

it appeared she was married to Agapito Lucena in the title,
submitted documents just to lure the Honorable Board that the
marriage was belatedly done, but claim that she was married to
Agapito Lucena, just to have a share in the inheritance or to the
property of Agapito Lucena is unjust and unfair. She would be then,
making it appeared that the cart is the one pulling the horse and not
the other way around. A comedy of error of the highest order that
can only exist in the world of never land.

That as a punishment in the desperate move, a penalty should

be imposed upon her for misleading this Honorable Board of such
assertion. Can we now entertain bad faith by giving her an award?

Person must come to the court with clean hands, and she
cannot assert her wrong doing and dictates that justice must be
done in her favor.

PRAYER

WHEREFORE, it is respectfully prays before this Honorable

Office to grant this position paper, to declare and to award to -
 1. Dismiss the complaint.
2. To change the titles and award it in the names of the
defendants,
3. To order the complainant pay damages to the defendants.

OTHER relief and remedies are likewise prayed for.

November 16, 2012, Quezon City

ATTY. JUAN FLORO DELA CRUZ

Copy Furnished: