Professional Documents
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Facts:
Dolores Ongsiako Estate in Anao, Tarlac donated Lot Nos. 68 and 90 to the municipality.
Mayor Cruz had distributed Lot No. 68 to Flor Labagnoy (Labagnoy) and Lot No. 90 to
Edwin Cruz (Cruz) who were each issued a Certificate of Land Transfer (CLT).
The tenent Pepito Dela Cruz, et al. filed a petition to cancel the CLT in which the DAR
secretary Condrado Estrella
granted the petition.
Flor Labagnoy & Edwin Cruz appealed to the Office of the President(OP) which was denied.
During the pendency of the appeal before the OP, Cruz executed an Affidavit of Waiver
over his interest in Lot No. 90
Office III issued an Order dated December 7, 1987 cancelling the CLT of Cruz and declaring
Lot No. 90 open for disposition.
On November 7, 1989, then DAR Secretary Miriam Defensor Santiago issued an Order
awarding Lot No. 90 to herein petitioner Roberto Padua (Padua). who had been occupying
said property and paying the amortization thereon to the Land Bank of the Philippines
(LBP).
Pepito Dela Cruz filed with the DAR Secretary a LetterPetition for Cancellation
(LetterPetition) of the
December 7, 1987 DAR Regional Office III Order and the November 7, 1989 DAR Order.
DAR Secretary Garilao granted the LetterPetition (Garilao Order).
Upon being informed of the Garilao Order, Padua filed with the CA a Petition for Annulment
of a Final and Executory Order of the Secretary of Agrarian Reform with Prayer for
Temporary Restraining Order and/or Preliminary Injunction.
Padua claims that the DAR under Sec. 50 of Comprehensive Agrarian Reform Law (CARL)
cannot take cognizance of the petition for cancellation because the matter involved is a
civil law issue relating to the validity of a contract of sale executed by LBP and petitioner,
not an agrarian reform matter; that cancellation can only be ordered by a court of justice,
not by an administrative agency exercising only quasijudicial powers.
Padua claims that he is not a mere potential agrarian reform farmerbeneficiary but a civil
law vendor dealing directly with the LBP.
The petition was thereby denied by the CA, hence, this petition.
Issue/s:
WON Roberto Padua is not a mere potential agrarian reform farmerbeneficiary but a civil
law vendor dealing directly with the LBP in the payment of amortizations on the property.
Ruling:
Yes. Section 50 of R.A. No. 6657 vests in DAR the following quasijudicial power: (kindly
refer to Sec. 50 of RA 6657)
On August 30, 2000, DAR adopted Administrative Order No. 0600[34] or the Rules of
Procedure for Agrarian Law Implementation Cases. Section 2 thereof states:
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(b) Identification,
beneficiaries;
qualification
or
disqualification
of
potential
farmer
No. That view is incorrect. The statutory mechanism for the acquisition of land through
agrarian reform requires full payment of amortization before a farmerbeneficiary may be
issued a CLOA or EP, which, in turn, can become the basis for issuance in his name of an
original or a transfer certificate of title.[37] As Padua himself admitted that he is still
paying amortization on Lot No. 90 to LBP, his status in relation to said property remains
that of a mere potential farmerbeneficiary whose eligibilities DAR may either confirm or
reject. In fact, under Section 2 (d) of Administrative Order No. 0600, DAR has authority to
issue, recall, or cancel a CLT, CBC, EP, or CLOA issued to potential farmerbeneficiaries but
not yet registered with the Register of Deeds.
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Sps. Pasco vs. Pison-Arceo Agri. Dev. Corp., GR 165501, March 28, 2006
Briefed by Cainday, John Kelly
Facts:
Pison Arceo owns a land more than 100 hectares;
Spouses Pasco are among other workers who used to work for Pison Arceo until 1987;
They built their house in Pison Arceos land (actually repaired due to typhoon) at their own
expense and their stay was tolerated; they had paid rentals thru salary deductions;
Pison Arceo asked the workers to vacate but they refused hence unlawful detainer
was filed;
Pasco contended that they were only asked to leave their houses and their refusal is
justified because they were the owners and possessors;
MTCC Talisay favored Pison Arceo: (1) vacate the premises; remove whatever
improvement they introduced; (2) Pay P50/month as rental from the filing of the complaint
until they vacate; (3) P5,000 attorneys fees;
Later , the Municipal Agrarian Reform Office (MARO) sent a Notice of Coverage and
Field Investigation;
Pasco appealed to RTC the MTCCs decision arguing that Pison Arceos hacienda is covered
by CARL and they (Pasco) are qualified beneficiaries; RTC affirmed MTCCs decision: (1)
vacate premises; remove the house they constructed; (2) Pay P50/month as rental from
the filing of the complaint until they vacate; (3) P5,000 attorneys fees;
Pasco moved to reconsider the RTC decision. That MTCC had no jurisdiction on the unlawful
detainer because there was an agrarian dispute; RTC denied the motion; Pasco then
elevated to CA;
CA denied Pascos petition: xxx the only issue in ejectment cases is the physical
possession of the premises, independent of any claim of ownership by the parties xxx .
Persons who occupy the land of another at the latters tolerance or permission, without
any contract between them is necessarily bound by an implied promise that they will
vacate upon demand.
Issue/s:
May identified potential agrarian reform beneficiary be ejected from land covered by
CARP?
(Nonagra) Could they raise for the first time new issues on appeal?
Ruling:
The issuance during the pendency of the case of a Notice of Coverage does not
automatically make the ejectment case an agrarian dispute for the DARABs
jurisdiction; this is only a preliminary step for the State to acquire the land and it
does not automatically vest tile or transfer the ownership of the land to the
government. It does not ipso facto render the land subject thereof a land reform area.
o
The field investigation is for the purpose of identifying the landholding and
determining its suitability or agriculture and its productivity
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The rights and responsibilities of the beneficiaries will begin from their
receipt of a duly registered CLOA and their actual physical possession of
the awarded land. (Ungos 2015, p. 71) [mga ganito hinahanap nya kasi cited sa
book]
Moral (copied en toto): To allow petitioners to continue to stay in respondents land on the
ground that they are potential CARP beneficiaries would give them preferential treatment
over the other potential CARP reform beneficiaries who are not occupying the premises
and still awaiting the award to be made by the DAR in their favor worse, to further tolerate
petitioners occupancy of respondents land might give other potential CARP beneficiaries
the wrong signal that they too can occupy the land which may be awarded to them even
before they are chosen or before an award is made in their favor.
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Ruling:
YES. DAR erred in ruling that the respondent Abajon is an agricultural tenant.
The court disagreed that the finding of DAR that the private respondent shared the produce of
the land with the former owner, Andrea Millenes, led or misled, the public respondents to
conclude that a tenancy relationship existed between the petitioner and the private respondent
because, the public respondents continue, by operation of Sec. 10 of R.A. 3844, as amended, the
petitioner new owner is subrogated to the rights and substituted to the obligations of the
supposed agricultural lessor (the former owner).
The essential requisites of a tenancy relationship are:
Essential requisites of tenancy relationship:
1.
2.
3.
4.
5.
6.
All these requisites must concur in order to create a tenancy relationship between the parties.
The absence of one does not make an occupant of a parcel of land, or a cultivator thereof, or a
planter thereon, a de jure tenant. This is so because unless a person has established his status
as a de jure tenant, he is not entitled to security of tenure nor is he covered by the Land Reform
Program of the Government under existing tenancy laws. 10
Agricultural production as the primary purpose being absent in the arrangement, it is clear that
the private respondent was never a tenant of the former owner, Andrea Millenes. Consequently,
Sec. 10 of RA of 3844, as amended, does not apply. Simply stated, the private respondent is not
a tenant of the herein petitioner.
Therefore, the fact of sharing alone is not sufficient to establish a tenancy relationship. Certainly,
it is not unusual for a landowner to accept some of the produce of his land from someone who
plants certain crops thereon. This is a typical and laudable provinciano trait of sharing or patikim,
a native way of expressing gratitude for favor received. This, however, does not automatically
make the tiller-sharer a tenant thereof specially when the area tilled is only 60, or even 500,
square meters and located in an urban area and in the heart of an industrial or commercial zone
at that. Tenancy status arises only if an occupant of a parcel of land has been given its
possession for the primary purpose of agricultural production. The circumstances of this case
indicate that the private respondent's status is more of a caretaker who was allowed by the
owner out of benevolence or compassion to live in the premises and to have a garden of some
sort at its southwestern side rather than a tenant of the said portion.
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Facts:
During the pendency of this case before this Court, under date of April 29, 1972, Atty. Virgilio M.
Pablo, counsel for the appellant Eusebio Pangilinan, gave notice to this Court that said appellant
died on April 3, 1964, and was survived by his children, who are his legal heirs, namely: Salvador
Pangilinan, Santos Pangilinan, Mariano Pangilinan, Carlos Pangilinan and Pilar Pangilinan de
Avante. For the purposes of this case the appellant Eusebio Pangilinan, therefore, is substituted
by his heirs herein named.
Under date of November 20, 1973, Atty. Amando M. Laki filed a motion with this Court advising
that appellee Trinidad Gabriel died on June 14, 1967, and was survived by her heirs and
successorsininterest, namely: Corazon O. Gabriel, married to Lamberto Ignacio; Ernesto O.
Gabriel; Ester O. Gabriel, married to Emmanuel Padua; Generoso O. Gabriel, Marciano O. Gabriel
and Pablo O. Gabriel, and prayed that appellee Trinidad Gabriel be substituted by her heirs
herein named. By order of this Court of December 4, 1973 the prayer for substitution was
granted.
Facts: Trinidad Gabriel filed a complaint against Eusebio Pangilinan claiming she is the owner of
a 169,507 sqm fishpond in barrio Sta. Ursula, Pampanga. An oral contract of lease with a yearly
rental (P 1,200) was entered between them. Defendant was notified that the contract would be
terminated, but upon request was extended for another year.
Defendant moved for the dismissal of the complaint claiming that the trial court had no
jurisdiction. It should properly pertain to the Court of Agrarian Relations, there being an
agricultural leasehold tenancy relationship between the parties. Upon opposition by plaintiff, the
motion was denied. The defendant filed his answer that the land was originally verbally leased to
him by the plaintiff's father, Potenciano for as long as the defendant wanted, subject to the
condition that he would convert the major portion into a fishpond and that which was already a
fishpond be improved at his expense, which would be reimbursed by Potenciano Gabriel or his
heirs at the termination of the lease. Plaintiff also assured him that he could continue leasing as
long as he wanted since she was not in a position to attend to it personally.
Parties were ordered to adduce evidence for the purpose of determining which Court shall take
cognizance of the case.
It appears that the defendant ceased to work on planting fingerlings, repairing dikes and such,
personally with the aid of helpers since he became ill and incapacitated. His daughter, Pilar
Pangilinan, took over who said that she helps her father in administering the leased property,
conveying his instructions to the workers. Excepting Pilar who is residing near the fishpond,
defendants other children are all professionals; a lawyer, an engineer, and a priest all residing in
Manila. None of these has been seen working on the fishpond.
Arguments:
1. Defendant: relationship between the parties is an agricultural leasehold tenancy governed
by Republic Act No. 1199, as amended, pursuant to section 35 of Republic Act No. 3844,
and the present case is within the original and exclusive jurisdiction of the Court of
Agrarian Relations.
2. Plaintiff: defendant ceased to work the fishpond personally or with the aid of the members
of his immediate farm household (Section 4, Republic Act No. 1199) the tenancy
relationship between the parties has been extinguished (Section 9, id.) and become of civil
lease and therefore the trial court properly assumed jurisdiction over the case.
Trial Court:
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2011
Briefed by Lastrollo, Andrew
Facts:
The petitioners present for resolution several issues concerning the 2011 Decision were the Court
ordered, among others, that the lands subject of Hacienda Luisita Incorporated (HLI) stock
distribution plan (SDP) be placed under compulsory coverage on mandated land acquisition
scheme of the CARP and declared that the original 6,296 qualified farmworker beneficiaries
(FWBs) shall have the option to remain as stockholders of HLI.
Issue/s:
Whether or not the Court properly determined the coverage of compulsory acquisition.
Whether or not the subject agricultural lands may be sold to third parties though they
have not been fully paid.
Whether or not the ruling that the qualified FWBs should be given an option to remain
as stockholders of HLI is valid.
Ruling:
No. ARM argues that this Court ignored certain material facts when it limited
the maximum area to be covered to 4,915.75 hectares, whereas the area
that should, at the least, be covered is 6,443 hectares, which is the
agricultural land allegedly covered by RA 6657 and previously held by Tarlac
Development Corporation (Tadeco). But what is put in issue before the Court is the
propriety of the revocation of the SDP, which only involves 4,915.75 has. of
agricultural land and not 6,443 has., then We are constrained to rule only as regards
the 4,915.75 has. of agricultural land.
In Our July 5, 2011 Decision, We stated that "HLI shall be paid just
compensation for the remaining agricultural land that will be transferred to
DAR for land distribution to the FWBs." We also ruled that the date of the "taking"
is November 21, 1989, when PARC approved HLIs SDP per PARC Resolution No. 89-122.
We maintain that the date of "taking" is November 21, 1989, the date when PARC
approved HLIs SDP per PARC Resolution No. 89-12-2, in view of the fact that this is the
time that the FWBs were considered to own and possess the agricultural lands in
Hacienda Luisita. To be precise, these lands became subject of the agrarian reform
coverage through the stock distribution scheme only upon the approval of the SDP,
that is, November 21, 1989. Thus, such approval is akin to a notice of coverage
ordinarily issued under compulsory acquisition.
HLI violated provisions under the SDP. Contrary to the assertions of AMBALA and FARM,
nowhere in the SDP, RA 6657 and DAO 10 can it be inferred that improving the
economic status of the FWBs is among the legal obligations of HLI under the SDP or is
an imperative imposition by RA 6657 and DAO 10, a violation of which would justify
discarding the stock distribution option.
We realize that the FWBs will never have control over these agricultural lands for as
long as they remain as stockholders of HLI. In line with Our finding that control over
agricultural lands must always be in the hands of the farmers, We reconsider our ruling
that the qualified FWBs should be given an option to remain as stockholders of HLI,
inasmuch as these qualified FWBs will never gain control given the present proportion
of shareholdings in HLI.
Moreover, bearing in mind that with the revocation of the approval of the SDP, HLI will
no longer be operating under SDP and will only be treated as an ordinary private
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CEU SLAJ, Sui Generis
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