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LEGAL AFFAIRS OFFICE

PRELIMINARY CASE REVIEW

To : THE PROVINCIAL AGRARIAN REFORM PROGRAM


OFFICER
DAR Provincial Office - Iloilo
St. Clement's Compound, Luna St., Iloilo City, Iloilo

Case Title : DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus- NERIO
B. DIGNADICE & REGISTER OF DEEDS, Province of
Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
RICARIDO B. AJUPAN & REGISTER OF DEEDS,
Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus- JUAN B.
PACLIBAR & REGISTER OF DEEDS, Province of Iloilo,
Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
RICARIDO B. AJUPAN & REGISTER OF DEEDS,
Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
Case Title Page 2 of 6 pages
CASE NUMBER

FLORDELIZA A. BEJEDOR & REGISTER OF DEEDS,


Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
BENJAMIN A. SALVADICO & REGISTER OF DEEDS,
Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
DOMINGO SUSCANA & REGISTER OF DEEDS,
Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
RODOLFO SUSCANA & REGISTER OF DEEDS,
Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
BENJAMEN V. BANES & REGISTER OF DEEDS,
Province of Iloilo, Respondents

DAR as represented by GIDEON A. UMADHAY, JR: in his


capacity as OIC-PROVINCIAL AGRARIAN REFORM
OFFICER II, Province of Iloilo, Petitioner, -versus-
CORAZON D. OPINION & REGISTER OF DEEDS,
Province of Iloilo, Respondents

Case No. : CANC-0604-0034 to 0042-2012

The following are the results of the preliminary review of the case conducted by this
Office:
Case Title Page 3 of 6 pages
CASE NUMBER

FINDINGS

1. The following documents required under the pertinent rules of this Department
were not submitted:
Photographs of the Notice posted on the bulletin board of the Barangay
Hall and those installed at a conspicuous location along the premises of
the landholding must be 3 each

2. The Notices to Comment were not served in accordance with Section 14,
Administrative Order (A.O.) 6, Series of 2011 for the reason that:
The respondent[s], [Name of Respondent[s], [is/are] already deceased as
stated in [specify document] and it does not appear that the Notice(s) to
Comment [was / were] served upon [his/her/their] estate in accordance
with Section 14, A.O. No. 6, Series of 2011.
The respondent[s], [Name of Respondent[s], cannot be personally served
with the Notice for the reason that [Specify reason] as stated in [Specify
document] and the Notice was not effected by publication.
The Notice(s) to Comment [was/were] received by person[s] other than
the respondent[s] [Specify Respondent/s] without any indication as to
[Choose:] 1.) what relation he/she has with the respondent. 2.) whether
he/she is the duly authorized representative or a competent person in
charge at the place of business of the respondent. 3.) whether he/she is
the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel of the respondent corporation.
[For other reasons, please specify.]

DIRECTIVES

1. The Petitioner[s] must submit to the PARAD within fifteen (15) days from
receipt hereof an Amended Petition impleading the abovementioned as
respondent[s]. Thereafter, the PARAD must issue and serve the Notice[s] to
Comment to them in accordance with Sections 13 and 14, A.O. 6, Series of 2011.

2. The Petitioner[s] must submit to this Office the lacking document[s] stated above
within fifteen (15) days from receipt hereof.
Case Title Page 4 of 6 pages
CASE NUMBER

3. The Petitioner[s] must submit to this Office the photographs of the billboard
installed along the premises of the subject landholding within fifteen (15) days
from receipt hereof.

4. The PARAD to submit the photographs of the Notice posted on the bulletin
board of the Barangay Hall within fifteen (15) days from receipt hereof.

5. The abovementioned Petitioner[s] must submit a signed and notarized Choose an


item. within fifteen (15) days from receipt hereof.

6. The PARAD must submit the Barangay certificate of posting of the required
Notice within fifteen (15) days from receipt hereof.

7. The PARAD must require [his/her] Sheriff to report in writing the manner of
service of the Notice[s] to Comment to the abovementioned respondent[s]. If the
PARAD determines that the Notice[s] to Comment [has/have] been properly
served and that the respondent[s] [has/have] been sufficiently informed of this
case, [he/she] shall forward the Sheriffs Report to this Office. Otherwise, the
PARAD shall re-issue the Notice[s] to Comment, require the sheriff to serve the
same, and submit proof of receipt thereof to this Office.

8. The PARAD must require its sheriff to comply with the publication requirement
of the Notice to Comment pursuant to Section 14 of DAR A.O. 6, Series of
2011.

9. The PARAD is hereby required to have the Notice to Comment served to the
abovementioned respondent[s] in accordance with the pertinent rules.

Failure of the Petitioner[s] to comply with the abovementioned directives, [specifically


Directive[s] number [1,2,], shall be a ground for the dismissal of the Petition without
prejudice.

Let the records of this case be remanded to the PARAD of [Province] to facilitate
further reception of documentary evidence and case build-up in accordance with existing
rules and administrative orders of this Department, and to avoid unnecessary duplication
of documentary evidence. [Remove this portion if there are no directives to the
PARAD.]
Case Title Page 5 of 6 pages
CASE NUMBER

ORDERED

SO ORDERED.

JUSTIN VINCENT J. LA CHICA


Assistant Secretary for Legal Affairs

Date issued: __________________________

Note that this is a result of the preliminary review conducted by this Office on the case. It has yet to
assess the merits of the issues raised.

Copies furnished:

1. Name[s] of Petitioners
Petitioner/s
Address

2. Name[s] of Counsel for Petitioner


Counsel for Petitioner
Address

3. Name[s] of Private Respondents


Private Respondent/s
Address

4. Name[s] of Counsel for Private Respondent/s


Counsel for Private Respondent/s
Address

5. THE REGIONAL DIRECTOR


DAR Regional Office Choose an item.
Choose Address

6. THE REGISTER OF DEEDS


Address
Case Title Page 6 of 6 pages
CASE NUMBER