Republic of the Philippines

Third Judicial Region

REGIONAL TRIAL COURT
Cabanatuan City
Branch ___

PADRE CRISOSTOMO MABINI EXTENSION

NEIGHBORHOOD ASSOCIATION, INC. (PCMENAI)
Represented by JOSE M. PETALINO JR.
Petitioners, Civil Case No. _______
For: Declaratory Relief
and/or Injunction

-versus-

CONRADO ESTRELLA III, in his capacity as

the Secretary of the Department
of Agrarian Reform (DAR), MARPO
GENOVEVA U. TALPLACIDO
member of TASK FORCE on
FR. CRISOSTOMO ESTATE,
Respondent.
x-----------------------------------------------x
PETITION
WITH DUE RESPECT
Petitioners, thru the undersigned counsel and unto this Honorable
Court, most respectfully submits this Petition and most truthfully avers,
THAT:
THE PARTIES
1. The petitioner PADRE CRISOSTOMO MABINI EXTENSION
NEIGHBORHOOD ASSOCIATION, INC. (PCMENAI for brevity)
represented by JOSE M. PETALINO JR., which has an address at
018 Papaya Road, Mabini Extension, Cabanatuan City, Nueva
Ecija where it may be served with summons and other court
processes. A copy of the Certificate of Incorporation (Annex “A”)
and Secretary’s Certificate (Annex “B”) are attached in this
petition;

2. The petitioner PCMENAI is a collective organization of present

occupants of land which was owned by FR. GREGORIO
CRISOSTOMO located in many parts of Cabanatuan City
particularly in Barangay Mabini Extension;
3. The respondents CONRADO ESTRELLA III is the secretary of the
Department of Agrarian Reform with office address at Office of the
Secretary, DAR Compound, Elliptical Road, Diliman, Quezon City
where he may be served with summons and other court
processes, while respondent MARPO GENOVEVA U.
TALPLACIDO is a member of Task Force on FR. CRISOSTOMO
ESTATE with address at Office of the Municipal Agrarian Reform
Officer, Gen. Tinio cor. Maharlika Hi-Way, Cabanatuan City,
Nueva Ecija;

FACTS OF THE CASE

4. Sometime in March 2021, the respondent MARPO GENOVEVA U.
TALPLACIDO and her representatives made inquiries with the
current occupants of the estate of FR. GREGORIO
CRISOSTOMO and informed the latter that they should report to
the Office of the Municipal Agrarian Reform Office (MARO) in
Cabanatuan City to settle their rentals over the parcels of land that
they were occupying since it was allegedly owned by the
government;

5. When some of the petitioners went to the office of the MARO,

they were surprised to learn that the Department of Agrarian
Reform (DAR) was claiming unpaid rentals which amounts to
hundreds of thousands of pesos being claimed by the DAR. They
were threatened of a lawsuit if they refuse to settle such amounts
which have no basis in law. A copy of the demand from the DAR to
one of the petitioners is hereto attached as Annex “C”.

6. Unfortunately, some of the petitioners who were too afraid of a

protracted litigation, did settle a portion of the lease rentals that
they were demanding which was fixed by the MARO at the rate of
Php. 10.00 per square meter per month (residential) or Php. 25.00
per square meter per month;

7. Despite payment of the lease rentals, some petitioners were still

impleaded as defendants in DARAB cases for the fixing and
payment of lease rentals which remained pending before the
Office of the PARAD for the province of Nueva Ecija, a quasi-
judicial body without any jurisdiction over the same. These cases
stemmed from the petition of MARPO GENOVEVA U.
TALPLACIDO claiming ownership of the property for the Philippine
Government allegedly after the same was bequeathed by the late
FR. GREGORIO CRISOSTOMO. Further, the Task Force on Fr.
 Crisostomo Estate was claiming that the fixed rentals shall be Php.
10.00 per square meter per month for residential properties and
Php. 25.00 per square meter every month for commercial
properties. A copy of a sample petition before the Office of the
PARAD is hereto attached as Annex “D”;

THE CAUSE OF ACTION

8. The respondents miserably failed to present any legal basis for

fixing the rates of rentals as the Task Force on Fr. Crisostomo
Estate only relied on a Memorandum dated 15 June 2006 which
was only a correspondence between then-DAR secretary
NASSER C. PANGANDAMAN and OIC-RD TEOFILO
INNOCENCIO, but the same is without any positive act from the
legislature;

9. In an attempt to obtain any semblance of a legal basis, the

petitioners have filed petitions for fixing of the rates of lease rentals
before the Office of the PARAD which has no jurisdiction over the
subject matter of the case;

10. Meanwhile, several actual occupants of the property were not

impleaded as respondents in the DARAB cases. This suggests
that the representatives of the respondents did not accurately
determine the actual occupants of the subject property, thereby
raising serious questions on the credibility of the lists of occupants
by the petitioner. More importantly, such lack of accuracy puts
the rights of the actual occupants of the property who have
been residing on the same for decades, in jeopardy as other
parties may be erroneously declared as the ones having
preferential right over the parcels of lands.

11. Until today, the Department of Agrarian Reform (DAR)

continuously demands from the occupants of the parcels of land
under the FR. CRISOSTOMO ESTATE the payment of lease
rentals to the amount of Php. 10.00 for residential properties and
Php. 25.00 for commercial properties every month;

12. Corollary, respondent DAR has posted several tarpaulins which

reads that:

“PABATID PANG MADLA”

Sa Mga Kinauukulan:
 IPINABABATID PO SA LAHAT NG “ACTUAL
OCCUPANTS” NG CRISOSTOMO ESTATE NA KAYO
PO AY MAKIPAG-UGNAYAN SA TANGGAPAN NG DAR
MUNICIPAL OFFICE (DARMO) CLUSTER IV NA
MATATAGPUAN SA 2nd FLOOR, GROSPE BUILDING
CORNER GENERAL TINIO STREET AND NATIONAL
HIGHWAY, CABANATUAN CITY, PATUNGKOL SA
INYONG DAGLIANG PAGBABAYAD NG “LEASE
RENTALS” SA NATURANG CRISOSTOMO ESTATE.
ANG INYO PONG PAGTUGON SA PABATID NA ITO AY
MANGANGAHULUGAN NG INYONG PAGNANAIS NA
MAIPAGPATULOY ANG INYONG KARAPATAN BILANG
“LEHITIMONG TENANT” SA LOTENG INYONG
PINUPOSISYUNAN.
MARAMING SALAMAT PO. “
13. The photographs of these tarpaulins which are posted in many
parts of Brgy. Mabini Extension, Brgy. Aduas Norte, Brgy.
Sambermicristi and Brgy. Lote, all in Cabanatuan City are hereto
attached as Annexes “E” and series;

14. Herein petitioners have a clear and unmistakable right over

their properties as they were being compelled by the respondents
to pay lease rentals when in truth and in fact, the latter have no
legal basis for such collection of lease rentals. Therefore, the
collection of lease rentals is an illegal collection from the
occupants of the estate of the late FR. GREGORIO
CRISOSTOMO by the government and must be enjoined by the
Order of the Honorable Court;

15. Pursuant to the 2019 Revised Rules on Civil Procedure, the

petitioner intends to present the following.

DOCUMENTS
Exhibit “A” – Special Power of Attorney in favor of TEOFILO JUATCO – to
prove the name of the members of the SAMAHAN NG NAGKAKAISANG
RESIDENTE AT KAPIT-BAHAYAN NG PADRE CRISOSTOMO ESTATE
and the authority vested upon TEOFILO JUATCO;

Exhibit “B” – Sample computation from the DAR – to prove that the
respondents are demanding from the petitioners the payment of lease
rentals without any legal basis;
Exhibit “C” – Sample Petition - to prove that the respondents are
demanding from the petitioners the payment of lease rentals without any
legal basis;

Exhibit “D” – Photographs of the tarpaulins – to prove that respondent

DAR continuously demands for the payment of lease rentals from the
petitioners.

WITNESSES

TEOFILO DR. JUATCO – this witness shall testify on the material

allegations in the Petition as well as to identify pertinent documents.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that the Petition for Injunction be GRANTED thereby enjoining the
respondent MARPO GENOVEVA TALPLACIDO from further collecting
lease rentals from the petitioners.
OTHER REMEDIES JUST AND EQUITABLE ARE PRAYED FOR.
Submitted this ____th day of June 2022 here at Cabanatuan City,
Nueva Ecija.

ATTY. JOSEPH NIKOLAI B. CHIOCO

Counsel for the Petitioners
Roll No. 72095
IBP OR No. 179110;1/27/2022/Pasig City
PTR No. CBN-1516381;1/4/2022/Cab. City
MCLE Compliance No. VII-0005796
#20 Melencio St. Cabanatuan City, N.E.
Email: josephnikolai@yahoo.com
CP No. 0915-874-0355

Republic of the Philippines )

Cabanatuan City ) S.S.
x---------------------------------------x

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
I, JOSE M. PETALINO JR. of legal age, Filipino, married and
currently residing at Mabini Extension, Cabanatuan City, Nueva Ecija, after
having been duly sworn to in accordance with law hereby depose and
state:

1. That I am the representative of the petitioner in the instant

case;

2. That I have caused the preparation of the foregoing Petition

3. That I have read and understood the contents of the same;

4. That to the best of my knowledge, information and belief, the

facts therein are formed after an inquiry reasonable under the
circumstances:

a. It is not presented for any improper purpose, such as to

harass, cause unnecessary delay, or needlessly increase
the cost of litigation;
b. The claims of the petitioner and other legal contentions
are warranted by extending, modifying, or reversing
existing jurisprudence;
c. The factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary
support after availment of the modes of discovery under
these rules;

5. No such action or proceeding is pending in the Supreme Court

or any other tribunal or agency, if there is any such action which
is either pending or may have been terminated, we undertake
to report before the Supreme Court or any other tribunal or
agency that fact within five (5) days there from to this
Honorable Court.

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

needlessly increase the cost of litigation

IN WITNESS WHEREOF, I have hereunto set our hands this this ____ th
day of October 2022 here at Cabanatuan City, Nueva Ecija.

JOSE M. PETALINO JR.

affiant

SUBSCRIBED AND SWORN to before me this ____th day of October 2022

here at Cabanatuan City, Nueva Ecija known to me to be the same person
who voluntarily signed this document after the affiant provided competent
proof of her identity.
_________________________