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Writ of Installation (Madera)

1) John Francis Madera filed a petition for a writ of installation to regain possession of agricultural lands awarded to him through CLOA titles. 2) Madera was ejected from the lands by force from other individuals who had previously filed a petition to disqualify him as the beneficiary, but their petition was dismissed. 3) Madera is requesting that the DAR provincial office issue a writ of installation to place him in actual possession of the awarded lands.

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Gelbert Magno Palomar
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347 views5 pages

Writ of Installation (Madera)

1) John Francis Madera filed a petition for a writ of installation to regain possession of agricultural lands awarded to him through CLOA titles. 2) Madera was ejected from the lands by force from other individuals who had previously filed a petition to disqualify him as the beneficiary, but their petition was dismissed. 3) Madera is requesting that the DAR provincial office issue a writ of installation to place him in actual possession of the awarded lands.

Uploaded by

Gelbert Magno Palomar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM


Provincial Agrarian Reform Office
Bonifacio Drive, Iloilo City

IN RE: PETION FOR WRIT OF


INSTALLATION OF
AGRICULTURAL LANDS
AWARDED TO THE FARMER
BENIFICIARY WITHIN LOT
NOS. 5989-F, 5989-C, 5989-B,
COVERED BY TRANSFER CASE NO. __________________
CERTIFICATE OF TITLE NOS.
CT-19407, CT-19405, CT-19404
WITH AREAS OF 17, 761
SQUARE METERS, MORE OR
LESS, 8, 074 SQUARE METERS,
MORE OR LESS, 4, 165
SQUARE METERS, MORE OR
LESS, LOCATED IN BRGY.
BALIBAGAN OESTE, STA.
BARBARA, ILOILO.

JOHN FRANCIS MADERA,


Petitioner.
x----------------------------------------x

PETITION FOR WRIT OF INSTALLATION

COMES NOW, the Petitioner, and unto this Honorable DAR


Provincial Office, respectfully allege that:

1. The Petitioner is of legal age, Filipino, single and a resident of Brgy.


Balibagan Oeste, Sta. Barbara, Iloilo, Philippines, where he may be
found and served with summons, notices, resolutions and other
processes;

2. The Petitioner is the Agrarian Reform Beneficiary and the Department


of Agrarian Reform (DAR) issued a Certificate of Land Ownership
Award (CLOA) Title Nos. CT-19407, CT-19405, CT-19404 in the
name of the Petitioner and was duly registered with the Register of
Deeds of the Province of Iloilo. A copy of the Title Nos. CT-19407,
CT-19405 and CT-19404 is herein attached as Annex “A, B and C”,
respectively;

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3. That the Petitioner was ejected from the possession of Lot Nos. 5989-
F, 5989-C, 5989-B, covered by TCT Nos. CT-19407, CT-19405, CT-
19404 through force, threats and intimidation perpetrated by CIRILA
MADERA, FEBE HUALDE, GLENN GANANCIAL, AIDA
HUALDE, GLENN ALTAMIRA, CRISTY MAJADUCON,
JOSEPHINE MADECINADO, EDGARDO SONA, BIENVENIDO
CORTEZ, BONIFACIA SINORO, GAUDIOSA SUMALACAY,
LEONCIA JALIPA and other unidentified persons;

4. That the said CIRILA MADERA, FEBE HUALDE, GLENN


GANANCIAL, AIDA HUALDE, GLENN ALTAMIRA, CRISTY
MAJADUCON, JOSEPHINE MADECINADO, EDGARDO SONA,
BIENVENIDO CORTEZ, BONIFACIA SINORO, GAUDIOSA
SUMALACAY, AND LEONCIA JALIPA filed a Petition for
Qualification and Disqualification of Agrarian Reform Beneficiaries,
involving Lot Nos. 5989-F, 5989-C, 5989-B, covered by TCT Nos.
CT-19407, CT-19405, CT-19404;

5. That the said Petition for Qualification and Disqualification of


Agrarian Reform Beneficiaries over the above-mentioned parcels of
land was dismissed and the corresponding Motion for Reconsideration
was denied by the Honorable Dar Regional Office. A copy of the
resolution dated June 2, 2022 is herein attached as Annex “D”;

6. That the acts of said CIRILA MADERA, FEBE HUALDE, GLENN


GANANCIAL, AIDA HUALDE, GLENN ALTAMIRA, CRISTY
MAJADUCON, JOSEPHINE MADECINADO, EDGARDO SONA,
BIENVENIDO CORTEZ, BONIFACIA SINORO, GAUDIOSA
SUMALACAY, LEONCIA JALIPA and other unidentified persons
prevented the herein Petitioner as CLOA-Title holder from exercising
his right as lawful owner of his awarded land, in the peaceful
possession and cultivation of the subject land;

7. Quoting Section 108 and Section 109 of DAR Administrative Order


No. 7-11:

SECTION 108.   ARB's Right of Possession. — As owner/s of


awarded lands under CARP, the ARB/s shall take possession of the
land covered by his/her/their titles from the time the same is awarded
to them through a registered CLOA.

SECTION 109.   Writ of Installation. — In case taking possession


of the awarded land by the ARBs would imperil or endanger their
lives, the DAR shall assume responsibility for the installation of the
ARB/s on the subject land with the assistance of the police or military
until they are settled and in constructive and physical control of the
property.

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In pursuance of this mandate, the PARO may issue a Writ of
Installation directing the Sheriff of the PARAD or the RARAD who
has jurisdiction over the landholding, alone or with the assistance of
the police or military, to conduct all necessary lawful acts to
physically install the ARB/s on the subject landholding. 
In case the installation activities would necessitate the provision of
police and/or military forces to assist the Sheriff, the PARO shall
coordinate the said activities with the Department of National
Defense-Armed Forces of the Philippines (DND-AFP) and the
Department of Interior and Local Government-Philippine National
Police (DILG-PNP), pursuant to the existing guidelines per
Memorandum of Agreement executed by the DAR, Department of
Interior and Local Government (DILG), and Department of National
Defense (DND).

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable DAR Provincial Office that a Writ of Installation be issued
directing the DARAB Sheriff to place the herein Petitioner in actual
possession of the said awarded parcels of land known as Lot Nos. 5989-F,
5989-C, 5989-B, covered by TCT Nos. CT-19407, CT-19405, CT-19404
situated in Brgy. Balibagan Oeste, Sta. Barbara, Iloilo, together with all the
improvements existing thereon, and to eject therefrom all persons occupying
the same and claiming rights under them or under their authority.

Other reliefs just and equitable under the premises are likewise being
prayed for.

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines. _____________________.

JOHN FRANCIS MADERA


Petitioner
Brgy. Balibagan Este
Oeste, Sta. Barbara, Iloilo
Contact No. __________________

Page 3 of 5
VERIFICATION and CERTIFICATION
AGAINST FORUM SHOPPING

I, JOHN FRANCES MADERA, of legal age, single, Filipino and a


resident of Brgy. Balibagan Oeste, Sta. Barbara, Iloilo, Philippines, under
oath, depose and state that:

1. I am the petitioner in the above-entitled petition, and that I have


caused the preparation of the foregoing Petition and have read the
contents thereof;

2. The allegations therein are true and correct based on my personal


knowledge and authentic documents;

3. The pleading is not filed to harass, cause unnecessary delay, or


needlessly increase the cost of litigation;

4. The factual allegations therein have evidentiary support or, is


specifically so identified, will likewise have evidentiary support after
a reasonable opportunity for discovery;

5. I have not therefore commenced any action or filed the same petition
in court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or petition is pending therein. If there
is such other pending action or petition, a complete statement of the
present status thereof; and if I should thereafter learn that the same or
similar action or petition has been filed or is pending, I shall report
that fact within five (5) calendar days therefrom to the court wherein
aforesaid action or petition has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of


___________ 2022, in the City of Iloilo, Philippines.

JOHN FRANCIS MADERA


Affiant
ID No. ________________
Issuing Agency ___________

Page 4 of 5
SUBSCRIBED AND SWORN to before me this ___ day of _______
2022 in the City of Iloilo, Philippines, personally appeared and known to me
the above-named person with Identification Card Number below his name. I
hereby certify that I am satisfied that he voluntarily executed and understood
her Certification and Verification of Non-forum shopping.

WITNESS MY HAND AND NOTARIAL SEAL on a place and


date above-written.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2022

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