Department of Agrarian Reform

Adjudication Board (DARAB)

Office the Provincial Adjudicator, Branch III, Mabini Extension, Cabanatuan City, Nueva Ecija

SPOUSES BENJAMIN S.
DOMINGO and GLORIA G.
ABELARDO,
Petitioners,

-versus- DARAB CASE NO. 10423’SNE’12

GUILLERMO ESTANISLAO AND

ALL PERSONS ACTING IN HIS
BEHALF,
Respondents.
x------------------------x

ORDER
This resolves the Motion for Issuance of 2nd Alias Writ of Execution and
Writ of Demolition filed by the petitioners on June 13, 2018.

According to the Petitioners, this Board issued a Writ of Execution on

October 08, 2014, and it was partly implemented by Provincial Sheriff Laura
B. De Guzman, as evidenced by the April 23, 2018 Implementation Report.
However, on the said Implementation Report it was reported, to wit:

“The given period to vacate lapsed and upon return on April 18, 2018
at Barangay Liwayway, Sta. Rosa, Nueva Ecija to verify if the respondent
complied with the Order, the undersigned found out that respondent
Guillermo Estanislao did not vacate the property as his house and other
structure are still erected in the subject landholding.”

They maintained that the respondent defied to the lawful order of the
Honorable Board, and it is of utmost urgency for this Board to issue a 2nd
Alias Writ of Execution and Writ of Demolition.
Page 2 of 3
ORDER… DARAB Case No. 10423’SNE’12
X----------------------------------------------------X

In a hearing held on November 8, 2018, the instant Motion was

submitted for resolution.

After a careful evaluation of pleadings, pieces of evidence, allegations

and admissions of the parties, this Board finds the instant Motion bereft of
merit.

Records revealed that the Decision sought to be implemented had

been the subject of several Writs of Execution issued by this Board. But,
despite the issuance of the same, respondent Guillermo Estanislao failed to
comply as shown in the implementation report of the Provincial Sheriff.

In view of aforementioned ground, this Board finds the issuance of the

2nd Alias Writ of Execution meritorious. The petitioner should not be deprived
of the fruits of his victory by the respondent Guillermo’s refusal to comply
with the same.

This Board on the other hand, has the duties and responsibilities to
ensure that the petitioner’s success over this case is fully satisfied.

Meanwhile, on the Motion for the issuance of Writ of Demolition, this

Board deems it prudent to determine first the buildings and other structures
that are present on the subject landholding, before the said Motion can be
finally resolved.
Page 3 of 3
ORDER… DARAB Case No. 10423’SNE’12
X----------------------------------------------------X

WHEREFORE, in view of the foregoing, the Motion for the issuance of

2nd Alias Writ of Execution is GRANTED. At the same time, the DARAB
Provincial Sheriff is hereby DIRECTED to verify whether or not buildings and
other structures are erected on the subject landholding and to submit a
written report within (5) days from compliance thereof.

Let a 2nd Alias Writ of Execution be issued.

SO ORDERED.

Cabanatuan City, Nueva Ecija, _______________.

ATTY. ARIEL D. MAGLALANG

Provincial Adjudicator
Copy furnished:

SPS. Benjamin Domingo

Gloria G. Abelardo
109 Daan Sarile, Cabantuan City

ATTY. ALVIN SORIANO

DAR-BALA, Cabanatuan City

Guillermo Estanislao
Purok 4, Liwayway, Sta. Rosa
Nueva Ecija