Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Municipal Agrarian Reform Office
Manicahan, Zamboanga City

May 21, 2019

TO : MOHAMMAD DASSAN J. ADJU

PARPO II
DAR Provincial Office, Ipil Heights, Zamboanga City

FROM : CONCEPCION S. TAMPIPI

MARPO
DARMO, Manicahan, Zamboanga City

SUBJECT: : INVESTIGATION REPORT

I DESCRIPTION OF PROPERTY

Name : Benigno M. Solis, Sr.

Title No. : OCT No. P-5139
Lot No. : 278-A and 278-B
Area : 39, 997 Square Meters and 4 hectares
Location : Brgy. Lanzones, Zamboanga City

II FACTS

In compliance to the Memorandum dated April 24, 2019, the undersigned MARPO of
Manicahan, Zamboanga City conducted thorough investigation to address Benigno M. Solis, Jr.
Letter Complaint. Based on my investigation I found out:

 That Benigno M. Solis, Jr. was cultivating the property of Silvestre Agustin, covering Lot
No. 278-A and the property of Celestino Eugenio, covering Lot No. 278-B, both situated
at Brgy. Lanzones, Zamboanga City;

 That on year 2000, his friend Francisco Mortera, Jr. not the real owner, offered him to
cultivate the property of Silvestre Agustin and the property of Celestino Eugenio since
the true owners transferred to other unit of the Philippine Army and nowhere to be
found;

 That he cultivated and developed the properties to progressive agricultural land for
several years up to present despite the true owners do not have the knowledge of his
actions;
  That he wanted to avail the DAR Tenancy Program and requested for Presidential
Intercession on 2005 wherein he was referred to me and I conducted thorough
Investigation to evaluate whether or not he is entitled to such program.

After my investigation, I told him that he cannot avail the tenancy program because he
cannot be considered a tenant since the one introducing him to cultivate the property was not
the real owner himself. In effect, he was not giving rental to the owner which is a primordial
element to be considered as tenant – the giving of rental. He doesn’t even know the
whereabouts of the owners.

In fact, upon looking at his affidavit which was notarized by Atty. Celestino R. Morados,
he deposed under oath that he was just a caretaker placed by Felecisimo Mortera, Jr. for
purposes of overseeing the said property, not as a tenant. In short, he admitted that he is not a
tenant. Moreover, in the same affidavit, he said that he approached a certain “Roland” who
promised him for a consideration that he will be able to acquire the property. He paid that
certain “Roland” a total of Php 70, 000.00 who initiated the writing of letter complaint to the
President.

III FINDINGS

Based on my foregoing investigation, it appears that there is no agrarian related issue to

be settled. The said complaint arose from willful and malicious attempt to be covered under
DAR Tenancy Program. Under the agrarian law, to be covered under such program, all the
elements required by law must exist. Absence of one requisite, there exists no tenancy
relationship.

Unfortunately, Benigno M. Solis, Jr. doesn’t have proof that he is giving rental to the
true owner himself. In his affidavit , he swore under oath that he was just a caretaker placed by
certain Felecisimo Mortera, Jr. and not as tenant. Hence, the primordial element of giving
rental to the owner or his representative is lacking in this case.

He was just a victim by certain “Roland” who preys and takes advantage in order to
extract money from him.

IV RECOMMENDATION

I hereby recommend that we will put closure to this issue so that it will not be a
precedent to those who willfully and maliciously take advantage to the innocence of another
for a certain sum of money. This kind of evil design must not be given countenance.

CONCEPCION S. TAMPIPI
MARO
Copy Furnished:

Atty. Ramon E. Madroñal, Jr.

DAR, Regional Office IX

Mr. Benigno M. Solis

Zone B, Lansones, Zamboanga City
 Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipal Agrarian Reform Office
Manicahan, Zamboanga City

May 22, 2019

TO : MOHAMMAD DASSAN J. ADJU

PARPO II
DAR Provincial Office, Ipil Heights, Zamboanga City

FROM : CONCEPCION S. TAMPIPI

MARPO
DARMO, Manicahan, Zamboanga City

SUBJECT: : COMPREHENSIVE INVESTIGATION REPORT

I DESCRIPTION OF PROPERTY

Name : DAN TORRES

Title No. : BUENARBECO LAND
Area : WHOLE BUENARBECO LAND
Location : Brgy. Buenavista, Zamboanga City

II FACTS

In compliance to the Memorandum dated May 20, 2019, the undersigned MARPO of
Manicahan, Zamboanga City conducted thorough investigation to address Dan Torres’ Letter
Complaint. Based on my investigation I found out:

 That there is no Agrarian Reform Beneficiary (ARB) named as Dan Torres at Brgy.
Buenavista, Zamboanga City;

 Relative to his complaint that CARP Beneficiaries do not still have CLOA Title for each
ARBs, it is because the CLOA is still in the name of the Cooperative which is the
BUENARBECO. Before individual title is released to ARBs, it is a pre-condition that they
must secure first from the Land Bank of the Philippines a “Certificate of Full Payment”
that the said cooperative has already paid in full all the amortizations on the land
pursuant to EO 228.

 Unfortunately, the said Cooperative is not yet paid in full all the amortizations;

 With regards to his allegation that Coop Chairman Darain Mabansa together with other
Coop. Members are illegally selling Buenarbeco land to private entities, we are still
verifying such matter because the best evidence to the existence of such sale
transaction is the notarized Deed of Sale. We are still in the process of procuring such
 document to prove his allegation and if ever we could obtain such document, we will
immediately inform your good office;

 With regards to his allegation that the Cooperative Officers are collecting Rentals
without issuing Official Receipts and are not remitting to the Land Bank. I found out that
the Cooperative has a Board Resolution authorizing the Coop. Officers to collect rentals.

Collecting rental without issuing Official Receipt, if true, is an internal matter that can be
best resolved within the Cooperative itself.

Moreover in our meeting with the Coop Officers and BODs last May 15, 2019 together
with Parpo II Mohammad Dassan Adju and other DARPO Officers, Chairman Darain
Mabansa vehemently belied that the Cooperative stops remitting/paying to the Land
Bank of the Philippines its amortization.

 In his allegation that BUENARBECO is no longer conducting election of its officers, I

found out that BUENARBEMCO (former name) has been dissolved already since Year
2010. Having been dissolved, we could not expect regular election of its officers,
However, the DAR Provincial Office is facilitating the revival of the dissolved
Cooperative;

 In his allegation regarding harassment and intimidation inflicted by the group of

Chairman Darain Mabansa using police officers, we are still verifying the veracity of such
allegation. It is difficult on our part to ascertain such, considering that it is not stated in
his letter complaint who are the persons being harassed and intimidated so an inquiry
and personal interview to those persons may be conducted;

 Lastly, in his allegation that DAR Officers are in connivance with Darain Mabansa and his
illegal transactions, we are still verifying its veracity. An allegation is an accusation,
which is sometimes true and sometimes not. It must be stressed that a mere allegation
is not synonymous with guilt.

III FINDINGS

Based on my foregoing investigation, it appears that there is indeed a problem within

the Cooperative which requires collective problem solving involving all the members of
Cooperative and DARPO Officers in striving for a common goal.

IV RECOMMENDATION

DARPO must facilitate in providing a structure through which all Coop. Members can
collaborate with its Officers and BODs like the one being undertaken by the DARPO which is the
helping in the re-registration of the cooperative to the CDA so they could now conduct regular
election as provided in its By-Laws. The election of officers and BODs that will address their
grievances and cater their needs.

CONCEPCION S. TAMPIPI
MARO
Copy Furnished:

Atty. Ramon E. Madroñal, Jr.

DAR, Regional Office IX

Mr. Dan Torres

Buenavista, Zamboanga City