Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Provincial Office
Region III
Barangay Matatalaib, Tarlac City, Tarlac
IN RE: PETITION FOR THE
DISQUALIFICATION OF
ALEJANDRO T. REYES AND
ALBERTO R. REYES AS
FARMER-BENEFICIARIES
OVER A PARCEL OF LAND
COVERED UNDER CLOA
NO. 00194184 WITH OCT
NO. 19490 LOCATED AT
BARANGAY BUENO,
CAPAS, TARLAC
THE DEPARTMENT OF
AGRARIAN REFORM,
PROVINCE OF TARLAC, BY
ITS INSTRUMENTALITY,
CHIEF AGRARIAN REFORM
PROGRAM OFFICER
(CARPO) MIGUEL S.
ACOSTA,
Petitioner
,
ALI CASE NO. __________
-versus-
ALEJANDRO T. REYES AND
ALBERTO R. REYES
Respondents.
x----------------------------------------x
PETITION FOR DISQUALIFICATION
Petitioner comes now unto this Honorable Office most
respectfully states and averred that:
1. Public petitioner the DEPARTMENT OF AGRARIAN
REFORM (DAR), represented by its Chief Agrarian
Reform Program Officer of Land Tenure and
1
Improvement Division of DAR Provincial Office of
Tarlac, MIGUEL S. ACOSTA, who is of legal age,
a Filipino citizen, and has an office address at the
Department of Agrarian Reform, Provincial Office of
Tarlac, Pinaccles Building, Matatalaib Tarlac City,
Tarlac where he may be served with summons and
other legal processes of this Honorable Office;
2. Respondents ALEJANDRO T. REYES AND ALBERTO
R. REYES are of legal ages, Filipinos, and are
residents of Brgy. Patling, Capas, Tarlac, and
Magalang, Pampanga, respectively where they may
be served with summons and other legal processes of
this Honorable Office;
3. Based on records available before this office
respondents are administratively identified as farmer-
beneficiaries of a parcel of land with Original
Certificate of Title (OCT) No. 19490 and with
Certificate of Land Ownership Award (CLOA)
No. 00194184 containing an area of 29,152 square
meters more or less, situated at Barangay Bueno,
Capas, Tarlac. A copy of the title showing that the
respondents are registered owners is hereto attached
and marked as ANNEX “A” and accompanying
series and made an integral part hereof;
4. The Support to Parcelization of Lands for Individual
Titling Project (Project SPLIT) aims to fast-track the
parcelization of agricultural landholdings covered
under the agrarian reform program wherein
Collective Certificate of Land Ownership Award
(CCLOA) were issued to several farmer beneficiaries
and/or its association over lands that are not
collectively farmed or operated in an integrated
manner;
5. For this reason, to implement the said project a Field
Validation Team (FVT) was formed in the conduct of
an on-site investigation to ascertain the actual status
of the landholding with the inclusion of the
respondents' land. The FVT was tasked in
determining whether the respondents were in
compliance with the requirements of active
cultivation and occupancy;
6. The investigation conducted by the FVT revealed that
the respondents are not in actual occupation and
2
cultivation of the landholding awarded to them.
Observations made during the site visit indicated that
the land remains uncultivated and neglected or in
other words the landholding was left abandoned,
thus, the FVT is construed to tag the landholding as
problematic or with legal impediment and looks
forward to the possibility of the filling of an
appropriate ALI Case for disqualification;
7. Despite the notification made by the FVT as to the
possibility of a disqualification case may prosper and
be instituted against them, the ARBs failed to oppose
the same;
8. Subsequent to the investigation, the FVT obtained
Certifications from the respective Barangays, which
confirm that the respondents are, in fact, not
residents nor in actual occupation and cultivation of
the landholding in question. A copy of the
certifications are hereto attached and marked as
ANNEX “B” and accompanying series and made
an integral part hereof;
9. Basic is the rule that being a farmer-beneficiary, it is
a continuous requirement that the beneficiary shall
maintain his/her willingness, aptitude, and ability to
cultivate and make the land as productive as
possible;
10. The negligent acts of the respondents, including
their failure to engage in the actual cultivation and
occupation of the landholding, constitute sufficient
grounds for disqualification;
11. DAR Memorandum Circular (MC) No. 19, Series
of 1996, which enumerates among others the
grounds to disqualify an erring farmer beneficiary:
I. VIOLATIONS, OFFENSES AND
SANCTIONS
A. Grounds for the Cancellation of EPs/CLOAs and
the Perpetual Disqualification of Agrarian Reform
Beneficiaries (ARBs)
xxxx
3. Material misrepresentation of the ARB's
basic qualifications as provided under
3
Section 22 of RA No. 6657, PD No. 27 and
other agrarian reform laws.
xxxx
5. Continuous neglect or abandonment of
the awarded land over a period of two (2)
calendar years as determined by the
Secretary or his authorized representative.
(Section 22 of RA No. 6657)
xxxx
11. Other acts or omissions that circumvent
laws related to the implementation of the
agrarian reform program.
12. The governing statutes stipulate that beneficiaries
must actively use the lands awarded to them in order
to maintain their right thereto. This requirement
underscores the importance of actual engagement
with the land, rather than simply holding title or
ownership without taking action. Failure to cultivate
the land leads to the forfeiture of rights, as the
statutes aim to prevent land from being left idle or
neglected. Thus, it is appropriate that this
disqualification case filed against the herein
respondents be given due course.
PRAYER
WHEREFORE, premises considered, it is respectfully
prayed unto this Honorable Office that:
a) An Order be issued for the PERPETUAL
DISQUALIFICATION of the RESPONDENTS as
farmer-beneficiaries over the landholding;
b) An Order be issued declaring the land as VACANT
and AVAILABLE for allocation to an applicant who
meets all qualifications and is free from any
disqualifications as a farmer beneficiary under
agrarian laws.
c) An Order directing the DAR Municipal Agrarian
Reform Office to identify the potential awardees over
the subject portion of land in accordance with
existing agrarian laws.
Other reliefs that are just and equitable under the
premises are likewise prayed for.
4
28 February 2024. Tarlac City, Tarlac
__________________________
MIGUEL S. ACOSTA
Chief Agrarian Reform Program Officer
Affiant
Republic of the Philippines )
Province of Tarlac )
VERIFICATION TO NON-FORUM SHOPPING
I, Miguel S. Acosta of legal age, Filipino citizen, and
with an office address at the Department of Agrarian
Reform, Provincial Office of Tarlac, Pinaccles Building,
Matatalaib, Tarlac City, Tarlac after having been duly
sworn in accordance with law, depose and state that:
1. I am the petitioner in the above-stated complaint;
2. The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase the cost of
litigation1;
3. The factual allegations therein have evidentiary
support or, if specifically so identified, will likewise
have evidentiary support after a reasonable
opportunity for discovery2;
4. I have not theretofore commenced any action or filed
any claim involving the same issues in any court,
tribunal, or quasi-judicial agency and, to the best of
my knowledge, no such other action or claim is
pending therein; and
5. If I should thereafter learn that the same or similar
action or claim has been filed or is pending, we shall
report that fact within five (5) calendar days
therefrom to the court wherein the aforesaid
complaint or initiatory pleading has been filed 3.
1
Pursuant to Section 4 (b) of Rule 7 of the A.M. No. 19-10-20-SC
2
Pursuant to Section 4 (c) of Rule 7 of the A.M. No. 19-10-20-SC
3
Pursuant to Section 5 (c) of Rule 7 of the A.M. No. 19-10-20-SC
5
IN WITNESS WHEREOF, I have hereunto affixed my
signature this day of ____________ here in the Province of
Tarlac.
Miguel S. Acosta
Affiant
SUBSCRIBED AND SWORN to before me this
_____________ in the Province of Tarlac. Affiants exhibited
his identification card as competent evidence of his
identity.
WITNESS MY HAND AND SEAL.
Doc. No.____;
Page No.____;
BookNo.____;
Series of 2024
