REPUBLIC OF THE PHILIPPINES )

PROVINCE OF TARLAC ) S.S.

CITY OF TARLAC )

I.S. No. ____________________

FOR: Violation of Section 73 of RA
No. 6657, as amended by Section
24 of R.A. No. 9700, and Section
11 of R.A. No. 8435 or Premature
or Illegal Conversion

AFFIDAVIT- COMPLAINT
I, ATTY. JOSE EDUARDO B. NARCISO, of legal age, Filipino citizen, and with
office address at Legal Service Division, Department of Agrarian Reform – Tarlac, Diwa
ng Tarlak, Brgy. San Vicente, Tarlac City, after having been sworn to in accordance with
law, hereby deposited and states that:

1. I am filing this complaint for VIOLATION OF SECTION 73 OF R.A. NO. 6657

(comprehensive Agrarian Reform Law), AS AMENDED BY SECTION 24 OF
R.A. NO. 9700, and VIOLATION OF SECTION 11 OF R.A. No. 8435,
otherwise known as the crime of PREMATURE OR ILLEGAL CONVERSION
against ZITA CRUZ ROSADO, of legal age, Filipino citizen and a resident of 7th
Street, Fairlane Subdivision, Brgy. San Vicente, Tarlac City, Tarlac, where she may
be served with summons and other processes of this Honorable Office; BRGY.
KGWD. ROLLY REYES, BRGY. TANOD ABE TORRES, BRGY. TANOD
JUANING BERNABE, and BOY ESPINOSA, all of legal age, Filipino citizens,
ang all residing at Brgy. Sapang Maragul, Tarla City, Tarlac, where they may be
served with summons and other processes of this Honorable Office;

2. The late Aurora Jamias Cruz and her children namely: Damiana, Eduardo, Zita,
Arturo, Joel, and Teodoro all surnamed Cruz are the registered owners of the
property covered by Transfer Certificate of title No. 114362 with an area of
seven Hundred Eighty One Thousand Five Hunded Ninety Three (Php 781, 593)
square meters, more or less, located at Sitio Samberga Brgy. Sapang Maragul,
Tarlac City, Tarlac, copy of said certificate of title is hereto attached as Annex
“A”;

3. For the information and guidance of the honorable Office, the undersigned
complaint is the Chairman of Provincial/ City Task Force on Illegal Conversion
created pursuant to DAR-DOJ Joint Administrative Order No. 5, Series of 1994;

4. On the other hand RESPONDENT ZITA CRUZ ROSADO is the administrator of the
Aurora Jamias Cruz Estate, the property subject matter of this case which is
devoted to agricultural and sugarcane production;

5. RESPONDENTS BRGY. KAGAWAD ROLLY REYES, BRGY TANOD ABE TORRES and
BRGY. TANOD JUANING BERNABE are the duly elected and appointed Barangay
Officials of Brgy. Sapang Maragul, Tarlac City, Tarlac City, Tarlac, respectively;
6. RESPONDENT BOY ESPINOSA is the caretaker of RESPONDENT ZITA CRUZ-
ROSADO in the subject property;

7. On November 8, 2012, the problem in the subject property started when

RESPONDENT ZITA CRUZ ROSADA, in cooperation and connivance with
RESPONDENTS BRGY. KAGAWAD ROLLY REYES, BRGY. TANODS ABE TORRES
AND JUANING BERNABE, AND BOY ESPINOSA, began their excavation and
quarrying activities in the said agricultural land with the use of heavy equipment (
a backhoe and dump trucks in particular) to the great damage and prejudice of
the farmers-tenant/ members of the Samberga Farmers Service Cooperative who
are farming, cultivating and planting in the said property;

8. Apparently, the scraped soils are being brought to an undisclosed Camella

Subdivision Project;

9. This illegal activity of prematurely converting the property was confirmed by the
Municipal Agrarian Reform Office (MARO) of DAR Tarlac when an ocular inspection
of the subject property was conducted with the assistance of Mr. Rogelio Ular,
Chairman of the Samberga Farmers Service Cooperative. Copy of the investigation
report prepared by the MARO’s Office of DAR Tarlac to hereto attached as Annex
“B””;

10. The excavation and quarrying activities undertaken by the respondents was made
without securing any land use conversion clearance from the Department of
Agrarian Reform (DAR) considering that the same is being utilized as an
agricultural land.

11. All said Respondents have variably prematurely converted into quarrying and
excavation use said agricultural land without the necessary permit from the DAR
and other government agencies, sacrificing the fertility of the land; pictures of the
land showing the excavation/ quarrying activities are hereto attached as Annex
“C” and series;

12. Mr. Rogelio B. Ular, Chairman of the Samberga Farmers Service Cooperative, tried
to stop respondents from their illegal act of excavating and destroying the subject
agricultural land to no avail;

13. This prompted Mr. Rogelio B. Ular to write to the DAR Regional Director and
request for the issuance of a Cease and Desist Order against the respondents to
refrain them from further introducing further development activities in the said
property;

14. On January 15, 2013, the Regional Director of DAR issued a Cease and Desist
Order (CDO) after making a determination that there were sufficient grounds to
warrant the issuance of the same against respondents KGWD. ROLLY REYES,
BRGY. TANOD ABE TORRES, JUANING BERNABE, and BOY ESPINOSA in the
subject property in due violation of existing laws, rules and regulations on land use
conversion. Copy of the Cease and Desist order signed by the Regional Director of
DAR, Antonio G. Evangelista, is hereto attached as Annex “D”;
15. The Cease and Desist Order was served on respondents January 30, 2013.

16. However, despite receipt of the Cease and Desist Order by the respondents, the
latter merely ignored the same and continued with their illegal and unlawful
exaction and quarrying activities in the same property;

17. In fact, on January 23, 2013, the affected farmers sought the assistance of the
police regarding the subject land they are cultivating brought about by the
continuous excavation and quarrying operation in the area. Copy of the
Certification dated January 24, 2013 issued by the Tarlac City Police Station Police
Community precinct No. 5, Brgy. Tibag, Tarlac City, is hereto attached as ANNEX
“E”;

18. All said respondents continue and still continue to prematurely convert said lots
losing the land’s fertility to the prejudice of the Complainants;

19. Hence, the undersigned, as Chairman of said Task Force, was duty-bound to file
this case against respondents to protect and enforce the rights of the farmer-
tenants of the subject landholding and to hold respondents liable for their unlawful
acts;

20. Likewise, RESPONDENTS, encroached the subject property without the consent of
the agricultural tenants/ farmers therein, destroyed the sugarcane and the area
that would be planted with sugarcane, and illegally converted the same from
agricultural lots into excavation and quarrying purposes;

21. Hence, for a period of more than four (4) months and courting, the farmers-
tenants and their other members have no more livelihood as agricultural
tenants/farmers in the subject lands as they were unlawfully dispossessed by the
late landowner’s administrator – RESPONDENT ZITA CRUZ ROSADA by the latter’s
act of illegally converting the same from agricultural use into quarrying and
exaction sites with the aid of RESPONDENTS BRGY. KGWD. ROLLY REYES, BRGY.
TANOD ABE TORRES, BRGY. TANOD JUANING BERNABE and BOY ESPINOSA to
the great damage and prejudice of the farmers-tenants;

22. RESPONDENTS BRGY. KGWD ROLLY REYES, BRGY. TANOD ABE TORRES, BRGY.
TANOD JUANING BERNABE and BOY ESPINOSA, instead of enforcing the law, are
the ones protecting RESPONDENT ZITA CRUZ ROSADA from her illegal activities;

23. RESPONDENTS committed premature and illegal conversion of the subject

agricultural land by undertaking the excavation, quarrying and development of the
same the result of which modified or altered the physical characteristics of the
agricultural lands thus rendering them unsuitable for agricultural purposes without
the requisite DAR Land Use Conversion Order in utter violation and circumvention
of the CARP for which they are liable under Section 73, paragraph (e) of R. A. No.
6657, as amended by Section 24 of Republic Act No. 9700 and R.A. 8435;

24. Section 24 of R.A. No. 9700, which amends Section 73 of R.A. No. 6657,
prohibits certain acts and omissions such as “the sale, transfer, conveyance or
 change of the nature of lands outside of urban centers and city limits in
whole or in part after the effectivity of this Act except after final
completion of the appropriate conversion under Section 65 of R.A. No.
6657, as amended;

25. Section 25 of Republic Act No. 9700, amending Section 74 of R.A. No. 6657,
specifically provides, to wit:

Section 25. Section 74 of Republic Act No. 6657, as amended, is hereby

further amended to read as follows:

"SEC. 74. Penalties. - Any person who knowingly or willfully violates the
provisions of this Act shall be punished by imprisonment of not less than
one (1) month to not more than three (3) years or a fine of not less than
One thousand pesos (P1, 000.00) and not more than Fifteen thousand
pesos (P15, 000.00), or both, at the discretion of the court: Provided, That
the following corresponding penalties shall be imposed for the specific
violations hereunder:

(a) Imprisonment of three (3) years and one (1) day to six (6) years or a
fine of not less than Fifty thousand pesos (P50,000.00)and not more than
One hundred fifty thousand pesos (P150,000.00), or both, at the discretion
of the court upon any person who violates Section 73, subparagraphs (a),
(b), (f), (g), and (h) of Republic Act No. 6657, as amended; and

(b) Imprisonment of six (6) years and one (1) day to twelve (12) years or
a fine of not less than Two hundred thousand pesos (P200, 000.00) and
not more than One million pesos (P1, 000,000.00), or both, at the discretion
of the court upon any person who violates Section 73, subparagraphs (c),
(d), (e), and (i) of Republic Act No. 6657, as amended.

If the offender is a corporation or association, the officer responsible

therefor shall be criminally liable."

26. Section 4 of R.A. 8435 defines premature conversion as “the undertaking

of any development activity, the results of which modify or alter the
physical characteristics of the agricultural lands to render them suitable
for non-agricultural purposes, without an approved order of conversion
from the DAR”

27. Section 11 of R.A. No. 8435 specifically provides, to wit:

“Section 11. Penalty for Agricultural Inactivity and Premature Conversion.
x x x
Any person found guilty of premature or illegal conversion shall be penalized
with imprisonment of two (2) to six (6) years, or a fine equivalent to one
hundred percent (100%) of the government's investment cost, or both, at
the discretion of the court, and an accessory penalty of forfeiture of the
land and any improvement thereon.
x x x . . .
 28. Evidently, it is now very clear that the acts committed by RESPONDENTS
constitute the crime of ILLEGAL CONVERSION and is punishable under the law
as provided by Section 73 (e) of Republic Act No. 6657, as amended by
Section 24 of R.A. No. 9700, and Section 11 of Republic Act No. 8435,
and they should be held liable for their illegal acts;

29. I am respectfully executing this Complaint Affidavit to attest to the truth of the
foregoing statements and for the RESPONDENTS ZITA CRUZ ROSADO,
BRGY. KGWD. ROLLY REYES, BRGY. TANODS ABE TORRES and JUANING
BERNABE, and BOY ESPINOSA charged of the afore-cited laws on
PREMATURE or ILLEGAL CONVERSION OF AGRICULTURAL LANDS.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of

________________, 2013 at the City of Tarlac, Tarlac.

ATTY. JOSE EDUARDO B. NARCISA

Affiant

Subscribed and sworn to before me this ______ day of ______2013 at the City
of Tarlac, Tarlac.

ADMINISTERING OFFICER