ytjRepublic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
Borongan City, Eastern Samar
EUGENIO CASPE,
Plaintiff,

DARAB CASE NO. ES-08-033-12

FOR :

-versusALPIANO MAGNO,
AMORFINA C. FIGURA,
ROSALINDA C. ESGUERRA
and HELEN C. KO,
Defendants.
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CLAIMS OF SHARE OF COPRA

PROCEEDS, IMPROVEMENTS
CONTRIBUTED ON SUBJECT
LANDHOLDING AND DAMAGES.

DECISION
This is a case for claims of shares of copra proceeds, improvements introduced
on the land and damages involving a parcel of coconut land situated at Sition Sohotan,
Brgy. Canjaway, Borongan, Eastern Samar.
On July 4, 2012 the plaintiff filed his verified complaint which allege among
others that the defendant is the administrator of a coconut land situated at So. Sohotan,
Brgy. Canjaway, Borongan, Eastern Samar, owned by Rosalinda Caspe Esquerrra,
Amorfina Caspe and Helen Caspe through succession; that sometime in 1952, the
plaintiff was installed by the late Guillermo Caspe as lawful tenant over the property with
an approximate area of hectare, more or less; that from then the plaintiff planted
coconut trees, banana and other fruit bearing trees and now bearing fruits; that plaintiff
had been faithful in his performance as tenant thereof; that the subject property was
then sold to Eufracia Caspe but plaintiff continued his tenancy on the land; that when
Eufracia Caspe died, her siblings succeded owning the the property while plaintiff
continuously performed his tenancy over the land; that since the siblings are residing in
Manila, they appointed the defendant to administer their properties including the subject
property; that sometime in 2010, the defendant persuaded the plaintiff to surrender to
him the said land on the guise that the former will support the plaintiff by way of giving to
him one-half share of the copra proceeds from the land every coconut harvest; that
however, despite the surrender of the subject property to the defendant, he never gave
to plaintiff any single centavo, to the prejudice of the latter of his lawful share of the
copra proceeds since 2010 to the present; the defendant is possessing the land since
2010 and enjoyong the copra proceeds all by himself; that the problem was lodged with
the BARC of Brgy. Canjaway, Borongan, Eastern Samar but no settlement was reached;
that the unlaful act of the defendant caused plaintiff to suffer sleepless nights,
besmirched reputation, mental anguish and wounded feelings. Thus, plaintiff is praying
that judgment be rendered ordering the defendant to reimburse him his lawful shares
from the copra proceeds since 2010 to present in the amount of Thirty Thousand Pesos
(Php30,000.00); to pay for the improvements contributed to the land consisting of fruit
bearing trees and coconut trees in the amount of Twenty Thousand
Pesos(Php20,000.00); to pay plaintiff moral damages in the amount of Fifty Thousand
Pesos(Php50,000.00). Plaintiff further prays for such other relief just and equitable
under the premises.
On September 19, 2012 defendant Alpiano Magno filed his Answer With
Counterclaim and Motion to Dismiss. In his said pleading, defendant Magno denied the
material allegations of the plaintiff. He allege among others that when he was installed
as administrator of the properties left by the late Eufracia Caspe sometime in 2010,
plaintiff was not the tenant of the property in question; the instant case was filed against
the defendant because Leo Caspe, son of the plaintiff was sued by the herein defendant

for qualified theft of coconuts when he was caught stealing coconuts from the property
now subject matter of the case which case is now pending before the Office of the
Provincial Prosecutor, Borongan, Eastern Samar; he collected the fruits and process the
same into copras, remitted the sahre of the owners to them and have for himself his
share; he did not persuade the plaintiff into surrendering to him the land in 2010 or at
any other time; plaintiff was not in possession of the land when he was installed as
administrator of the said property; he cannot act on the demand of the plaintiff for
shares of the copra proceeds and payment of improvements contributed on the subject
property as it is not included in the actions he can execute under the General Power of
Attorney; plaintiff should have filed the instant action against the principals, the owners
of the subject property; he is possession of the property since 2010 with the consent
and authority of the owners; that since the case was filed against him, he sufferred
sleepless nights, besmirch reputation and wounded feelings entitling him to moral
damages of not less than Fifty Thousand Pesos (Php50,000.00). Thus, defendant pray
that the instant case be dismissed for the non-inclusion of real parties in interest and
order the plaintiff to pay him in the amount not less that Fifteen Thousand Pesos
(Php15,000.00) as moral damages.
On October 23, 2012 the plaintiff filed an Amended Complaint impleading
Amorfina C. Fugura, Rosalinda C. Esguerra and Helen C. Ko. The Amended Complaint
contains the same allegations and reliefs sought as in the original Complaint except with
the inclusion of the new defendants. No amended answer was filed by defendant
Alpiano Magno although there is also no proof on record if the latter was furnished of
the Amended Complaint. Be that as it may, the records also do not show of any
opposition to the admission of the Amended Complaint. Hence, this office resolve to
consider the Answer of defendant Alpiano Magno to the original Complaint filed on
September 19, 2012 as his Answer to the Amended Complaint. (-------------cite
jurisprudence on this matter.)
On January 14, 2013 defendants Amorfina C. Figura, Rosalinda C. Esguerra and
Helen C. Ko through counsel filed their Answer to the Amended Complaint. The said
defendants specifically denied the material allegations of the Amended Complaint and in
their Affirmative Defenses they alleged among others that the coconut trees standing on
the property have been there when their mother acquired the same; that since they and
their mother have been residing in Manila since 1950s as they have a business thereat,
their mother requested her brother, Sofronio Caspe, and not herein plaintiff Eugenio
Caspe, to oversee and administer the property; that after their mothers death in 2007,
defendants learned that nobody was taking care of the property as their uncle Sofronio
Caspe also died and in order that the property will not be wasted, the defendants
appointed their cousin, Alpiano Magno, to administer the property; that if the claim of
plaintiff were true that he was a tenant since 1952 and after his sister Eufracia Caspe
became the owner of the property and that his tenancy lasted until 2010, then it is his
obligation to render accounting on the income from the fruits of the property every year
and remits the landowners rightful share; that it appears that plaintiff merely initiated
this case after one of his sons was accused by defendant Alpiano Magno of theft when
he was caught harvesting coconuts from the property without authority from defendants
or from the administrator. In their Compulsory Counterclaim the defendants asked that
plaintiff be ordered to render an accounting of the total income derived from the fruits of
the property from 1975 to 2010; that with or without accounting, the plaintiff should pay
defendants the amount of Php10,000.00 per year from 1975 to 2010 which the annual
share he is claiming himself or a total of Php350,000.00 and plaintiff should pay
attorneys fees of Php50,000.00 for filing this grossly unfounded suit. Thus, the
defendants pray that the instant complaint be dismissed for obvious lack of merit, to
order plaintiff to pay defendants Php350,000.00 for their counterclaim and
Php50,000.00 for attorneys fees.
The only evidence on record are those which were appended to the pleadings of
the Provincial AdjuBARC Chairman of Brgy. Canjaway, Borongan, Eastern Samar.
Defendant Alpiano Magno attached as Annex 1 in his Answer the letter dated July 12,
2012 of his co-defendants addressed to the Provincial Adjudicator and Annex 2, the
Special Power of Attorney executed by his co-defendants. Defendants Amorfina C.
Figura, Rosalinda C. Esguerra, and and Helen C. Ko on the other hand attached to their

Answer With Complusory Counterclaim OCT No. (VIII-5)-5806 as Annex 1 and Tax
Declaration No. 04027-00008 as Annex 2.
On March 26, 2013 then Provincial Adjudicator, Editha Cillo-Casillar issued an
Order directing the parties to submit their respective Position Paper within thirty(30)
days with their formal offer of evidences. After the lapse the period, with or without their
Position Paper, the case will be deemed submitted for resolution unless there is a need
for clarificatory hearing.