Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

Title Association of Small Landowners v. DAR Secretary GR Nos. 78742, 79 !", 79744, and 79777 !4 #$ly !989 Cruz, J.

Facts GR No. 79777% PD 27, EOs 228 & 229 & Nicolas 'anaay and (is wife own a 9)(ectare riceland* w(ile A+$stin ,ermano, #r. owned -. .(ey /ot( (ave fo$r tenants eac( on t(eir res0ective land(oldin+s, w(o were declared f$ll owners of t(e said lands /y 12 228 as 3$alified farmers $nder 4D 27. .(e 'anaays and ,ermano 3$estion t(e constit$tionality of 4D 27 and 12s 228 and 229. GR No. 79310% PP 131, EO 229 & Landowners and s$+ar 0lanters in t(e 5ictorias 'ill District in Ne+ros, as well as 4lanters6 7ommittee, 8nc. see9 to 0ro(i/it t(e im0lementation of 44 ! ! and 12 229 for /ein+ violative of t(e constit$tional 0rovisions on :$st com0ensation, d$e 0rocess, and e3$al 0rotection. S$/se3$ently, t(e National ;ederation of S$+arcane 4lanters <NAS4=, 'an$el >arcelona, and 4r$dencio Serrano filed t(eir own 0etitions, w(ic( also assailed t(e constit$tionality of t(e a/ovementioned stat$tes. GR No. 79744% EOs 228 & 229 & 8nocentes 4a/ico alle+es t(at t(e t(en DAR Secretary 0laced (is land(oldin+ $nder t(e covera+e of 2L., in violation of d$e 0rocess and t(e re3$irement for :$st com0ensation. 7ertificates of Land .ransfer were s$/se3$ently iss$ed to

Issue/s ?@N 4D 27, 44 ! !, and 12s 228 and 229 were validly enacted.

Ruling A1S. .(e 0rom$l+ation of 4D 27 /y 4res. 'arcos in t(e eBercise of (is 0owers $nder martial law (as already /een s$stained and t(ere is no reason to modify or reverse it on t(at iss$e. As for t(e 0ower of 4res. A3$ino to 0rom$l+ate 44 ! ! and 12s 228 C 229, t(e same was a$t(oriDed /y Sec. E of t(e .ransitory 4rovisions of t(e !987 7onstit$tion. Si+nificantly, t(e 7on+ress s(e is alle+ed to (ave $nderc$t (as not re:ected /$t in fact s$/stantially affirmed t(e c(allen+ed meas$res and (as s0ecifically 0rovided t(at t(ey s(all /e s$00letory to RA EE-7 w(enever not inconsistent wit( its 0rovisions. N2. 44 ! ! is not an a00ro0riation meas$re even if it does 0rovide for t(e creation of t(e said f$nd, for t(at is not its 0rinci0al 0$r0ose. An a00ro0riation law is one t(e 0rimary and s0ecific 0$r0ose of w(ic( is to a$t(oriDe t(e release of 0$/lic f$nds from t(e treas$ry. .(e creation of t(e f$nd is only incidental to t(e main o/:ective of t(e 0roclamation, w(ic( is a+rarian reform. N2. .(is ar+$ment is no lon+er tena/le /eca$se RA EE-7 does 0rovide for s$c( limits now in Section E of t(e law. As s$c(, landowners w(o were $na/le to eBercise t(eir ri+(ts of retention $nder 4D 27 s(all en:oy t(e retention ri+(ts +ranted /y RA

Doctrine .o t(e eBtent t(at t(e meas$res $nder c(allen+e merely 0rescri/e retention limits for landowners, t(ere is an eBercise of 0olice 0ower for t(e re+$lation of 0rivate 0ro0erty in accordance wit( t(e 7onstit$tion. >$t w(ere, to carry o$t s$c( re+$lation, it /ecomes necessary to de0rive s$c( owners of w(atever lands t(ey may own in eBcess of t(e maBim$m area allowed, t(ere is definitely a ta9in+ $nder t(e 0ower of eminent domain for w(ic( 0ayment of :$st com0ensation is im0erative. .itle to all eB0ro0riated 0ro0erties s(all /e transferred to t(e State only $0on f$ll 0ayment of com0ensation to t(eir res0ective owners. Obiter: One of the basic rinci !es of the "e#ocratic s$ste# is that %here the ri&hts of the in"i'i"ua! are concerne", the en" "oes not (ustif$ the #eans. )here is no *uestion that not e'en the stron&est #ora! con'iction or the #ost ur&ent ub!ic nee", sub(ect on!$ to a fe% notab!e e+ce tions, %i!! e+cuse the b$ assin& of an in"i'i"ua!,s ri&hts. -t is no e+a&&eration to sa$ that a erson in'o.in& a ri&ht &uarantee" un"er /rt --- of the Constitution is a #a(orit$ of one e'en as a&ainst the rest of the nation %ho %ou!" "en$ hi# that ri&ht.

?@N t(e 7AR4 f$nd 0rovision in 44! ! conforms to t(e re3$irements of a valid a00ro0riation.

?@N 44 ! ! and 12 229 s(o$ld /e invalidated /eca$se t(ey do not 0rovide for retention limits.

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

tenants, w(o t(en ref$sed to 0ay lease rentals to (im. ,e t(en 0rotested t(e erroneo$s incl$sion of (is small land(oldin+ $nder 2L. and as9ed for t(e recall and cancellation of t(e said 7L.s, w(ic( was denied wit(o$t (earin+. Alt(o$+( (e filed an 'R, 12s 228 and 229 were iss$ed, renderin+ (is 'R moot and academic /eca$se t(e said 12s directly effected t(e transfer of (is land to (is farmers)tenants. GR No. 78742% PD 310 & .(e Association of Small Landowners in t(e 4(ili00ines invo9es t(e ri+(t of retention +ranted /y 4D 27 to owners of rice and corn lands not eBceedin+ 7 (ectares as lon+ as t(ey are c$ltivatin+ or intend to c$ltivate t(e same. .(eir res0ective lands do not eBceed t(e stat$tory limit /$t are occ$0ied /y tenants w(o are act$ally c$ltivatin+ s$c( lands. >eca$se 4D !E 0rovides t(at no tenant)farmer in a+ric$lt$ral lands 0rimarily devoted to rice and corn s(all /e e:ected or removed from (is farm(oldin+ $ntil s$c( time as t(e res0ective ri+(ts of t(e tenant)farmers and t(e landowner s(all (ave /een determined, t(ey 0etitioned t(e 7o$rt for a writ of mandam$s to com0el t(e DAR Secretary to iss$e t(e 8RR, as t(ey co$ld not e:ect t(eir tenants and so are $na/le to en:oy t(eir ri+(t of retention.

EE-7 $nder t(e t(erein 0rescri/ed. ?@N t(e assailed stat$tes violate t(e e3$al 0rotection cla$se.

conditions

N2. .(e 0etitioners (ave not s(own t(at t(ey /elon+ to a different class and entitled to a different treatment. .(e ar+$ment t(at not only landowners /$t also owners of ot(er 0ro0erties m$st /e made to s(are t(e /$rden of im0lementin+ land reform m$st /e re:ected. .(ere is a s$/stantial distinction /etween t(ese two classes of owners t(at is clearly visi/le eBce0t to t(ose w(o will not see. A1S. .(e s$/:ect and 0$r0ose of a+rarian reform (ave /een laid down /y t(e 7onstit$tion itself, w(ic( satisfies t(e first re3$irement of a lawf$l s$/:ect. ,owever, o/:ection is raised to t(e manner of fiBin+ t(e :$st com0ensation, w(ic( it is claimed is entr$sted to t(e administrative a$t(orities in violation of :$dicial 0rero+atives. ,owever, t(ere is no ar/itrariness in t(e 0rovision, as t(e determination of :$st com0ensation /y t(e DAR is not /y any means final and concl$sive $0on t(e landowner or any ot(er interested 0arty, /eca$se t(e law 0rovides t(at t(e determination made /y t(e DAR is only 0reliminary $nless acce0ted /y all 0arties concerned. 2t(erwise, t(e co$rts will still (ave t(e ri+(t to review wit( finality t(e said determination.

?@N t(e assailed stat$tes are valid eBercises of 0olice 0ower.

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

?@N t(e content and manner of :$st com0ensation 0rovided for in t(e 7AR4 Law is violative of t(e 7onstit$tion.

N2. Alt(o$+( t(e traditional medi$m for 0ayment of :$st com0ensation is money and no ot(er, w(at is /ein+ dealt wit( (ere is not t(e traditional eBercise of t(e 0ower of eminent domain. .(is is a revol$tionary 9ind of eB0ro0riation, w(ic( involves not mere millions of 0esos. .(e initially intended amo$nt of 4-"> may not /e eno$+(, and is in fact not even f$lly availa/le at t(is time. .(e invalidation of t(e said section will res$lt in t(e n$llification of t(e entire 0ro+ram. N2. 12 228 cate+orically stated t(at all 3$alified farmer) /eneficiaries were deemed f$ll owners of t(e land t(ey ac3$ired $nder 4D 27, after 0roof of f$ll) fled+ed mem/ers(i0 in t(e farmers6 coo0eratives and f$ll 0ayment of :$st com0ensation. .(e 7AR4 Law, for its 0art, conditions t(e transfer of 0ossession and owners(i0 of t(e land to t(e +overnment on recei0t /y t(e landowner of t(e corres0ondin+ 0ayment or t(e de0osit /y t(e DAR of t(e com0ensation in cas( or L>4 /onds wit( an accessi/le /an9. Fntil t(en, title also remains wit( t(e landowner. A1S. 8t was 0$rs$ant to 4D 27 t(at '7 E was iss$ed /y t(e DAR. .(e 7irc$lar was meant to remedy t(e sit$ation w(ere t(e tenant)farmer6s lease rentals to t(e landowner were not credited in (is favor a+ainst t(e

?@N t(e 7AR4 and 12 228 contravene a well)acce0ted 0rinci0le of eminent domain /y divestin+ t(e landowner of (is 0ro0erty even /efore act$al 0ayment to (im in f$ll of :$st com0ensation.

Si+re v. 7A GR Nos. !"9-E8 and !! 4-4 8 A$+$st 2""2 /ustria12artinez, J.

'atias A$say owned a 0arcel of irri+ated rice land in 8loilo, in w(ic( 1rnesto Si+re was a tenant. Si+re 0revio$sly (ad /een 0ayin+ A$say a lease rental of !E cavans 0er cro0, /$t sto00ed 0ayin+ in !99!)92. 8nstead, (e

?@N 4D 27 sanctions '7 E.

.(e 0ower of s$/ordinate le+islation allows administrative /odies to im0lement t(e /road 0olicies laid down in a stat$te /y Gfillin+ inH t(e details. All t(at is re3$ired is t(at t(e re+$lation s(o$ld /e +ermane to t(e o/:ects

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

remitted t(e 0ayments to t(e L>4 0$rs$ant to DAR6s 'emorand$m 7irc$lar No. E <'7 E=, w(ic( set t(e +$idelines in t(e 0ayment of lease rental@0artial 0ayment /y farmer) /eneficiaries $nder t(e land transfer 0ro+ram of 4D 27. Lilia GonDales, co)administratriB of A$say6s estate, filed a 0etition for 0ro(i/ition and mandam$s wit( t(e 7A, see9in+ to 0ro(i/it t(e L>4 from acce0tin+ Si+re6s lease(old rentals. Accordin+ to GonDales, s(e (ad no notice t(at DAR (ad already fiBed t(e val$e of t(e land. ,er 0etition also assails t(e validity of '7 E and 4D 27. .(e 7A t(en declared '7 E n$ll and void, and directed t(e L>4 to ret$rn to GonDales t(e lease rentals 0aid /y Si+re, and Si+re to 0ay t(e rentals directly to GonDales. ?@N an irreconcila/le conflict eBists /etween 4D 8!E and '7 E, s$c( t(at 4D 8!E m$st 0revail over '7 E.

determined 0$rc(ase 0rice of t(e land, t($s ma9in+ (im a 0er0et$al o/li+or for said 0$rc(ase 0rice. Since t(e assailed 7irc$lar essentially so$+(t to accom0lis( t(e no/le 0$r0ose of 4D 27, it is t(erefore valid. N2. 4D 8!E 0rovides t(at t(e tenant)farmer s(all 0ay lease rentals to t(e landowner $ntil t(e val$e of t(e 0ro0erty (as /een determined or a+reed $0on /y t(e landowner and t(e DAR. 2n t(e ot(er (and, '7 E mandates t(at t(e tenant)farmer s(all 0ay to t(e L>4 t(e lease rental after t(e val$e of t(e land (as /een determined. .($s, t(ere is no incom0ati/ility /etween t(ese two. 2n t(e contrary, t(e two s$00lement eac( ot(er as t(ey set t(e +$idelines for t(e 0ayments of lease rentals on t(e a+ric$lt$ral 0ro0erty. N2. #$ris0r$dence (as $0(eld t(e constit$tionality of t(e said decree. 'oreover, t(e determination of :$st com0ensation $nder 4D 27 is not final or concl$sive, /eca$se $nless /ot( t(e landowner and t(e tenant)farmer acce0t t(e val$ation /y DAR, t(e 0arties may /rin+ t(e dis0$te to co$rt in order to determine t(e a00ro0riate amo$nt of com0ensation. N2. Accordin+ to 12 229, 4D 27 as amended s(all contin$e to o0erate wit( res0ect to rice and corn lands, covered t(ere$nder.

and 0$r0oses of t(e law* t(at t(e re+$lation /e not in contradiction to /$t in conformity wit( t(e standards 0rescri/ed /y law.

?@N 4D 27 is $nconstit$tional for settin+ limitations on t(e :$dicial 0rero+ative of determinin+ :$st com0ensation.

?@N RA EE-7 s$0erseded or re0ealed 4D 27.

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

2ffice of t(e 4resident v. 7A and ,eirs of #ose Reyes GR No. ! !2!E !9 #$ly 2""! Par"o, J.

A$rora .inio)Reyes owned 24 (ectares of land in N$eva 1ci:a, w(ic( s(e /e3$eat(ed to (er 9 c(ildren $0on (er deat(, one of w(ic( was #ose. ?(en #ose tried to +et a .7. over (is lot, (e was told t(at (e first needed a clearance from t(e DAR attestin+ to t(e non) incl$sion of (is land in t(e 2L.. ,owever, t(e 4AR2 r$led t(at (is land was covered $nder t(e 2L.. .(e DAR t(en iss$ed !2 .7.s in (is favor after (e a00ealed t(e 4AR2 Decision. ,owever, s$/se3$ently, t(e Secretary of t(e 2ffice of t(e 4resident affirmed t(e 4AR2 as A$rora6s will was not re+istered 0rior to 4D 276s effectivity, and t($s co$ld not /ind t(ird 0ersons. ?(en #ose a00ealed, t(e 7A reversed t(e Secretary6s 2rder. Gavino 7or0$D was a farmer) /eneficiary $nder t(e 2L. 4ro+ram of t(e DAR. 4$rs$ant to 4D 27, (e was iss$ed a certificate of land transfer over 2 0arcels of a+ric$lt$ral land. 7or0$D t(en mort+a+ed t(e land to t(e Gros0es. 8n t(eir mort+a+e contract, 7or0$D allowed t(e s0o$ses Gros0e to $se or

?@N #ose6s land s(o$ld /e covered /y t(e 2L. $nder RA EE-7 or 4D 27.

?(atever 0rovisions of 4D 27 t(at are not inconsistent wit( RA EE-7 s(all /e s$00letory to t(e latter, and all ri+(ts ac3$ired /y t(e tenant)farmer $nder 4D 27 are retained even wit( t(e 0assa+e of RA EE-7. N2. .(ere is no do$/t t(at t(e ori+inal land(oldin+ of A$rora, consistin+ of 24 (ectares of Riceland tenanted /y farmers was covered /y 4D 27. ,owever, t(e eB0ro0riation of t(e land(oldin+ did not ta9e 0lace on t(e effectivity of 4D 27, as t(e seiD$re only ta9es effect on t(e 0ayment of :$st com0ensation* and t(e DAR (ad not even determined t(e :$st com0ensation for t(e ta9in+ of t(e land(oldin+ w(en it decreed t(at t(e land was $nder t(e covera+e of RA EE-7. 'oreover, w(en A$rora died and (er c(ildren in(erited t(e land, t(ey only ac3$ired 2.- (ectares eac(, w(ic( is decidedly wit(in t(e retention area of 7 (ectares $nder 4D 27, or - (ectares $nder RA EE-7.

SeiD$re only ta9es effect on t(e 0ayment of :$st com0ensation.

7or0$D v. Gros0e GR No. ! -297 8 #$ne 2""" Pan&aniban, J.

?@N t(e waiver of ri+(ts is contrary to a+rarian law.

A1S. .(e sale or transfer of ri+(ts over a 0ro0erty covered /y a 7ertificate of Land .ransfer is void eBce0t w(en t(e alienation is made in favor of t(e +overnment or t(ro$+( (ereditary s$ccession. .(is r$lin+ is intended to 0revent a reversion to t(e old fe$dal system in w(ic( t(e landowners reac3$ire vast tracts of land, t($s

5ol$ntary s$rrender, as a mode of eBtin+$is(ment of tenancy relations, does not re3$ire co$rt a00roval as lon+ as it is convincin+ly and s$fficiently 0roved /y com0etent evidence. Obiter: )he far#ers, coo erati'es %ere estab!ishe" to ro'i"e a stron& socia! an" econo#ic

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

c$ltivate t(e land d$rin+ t(e d$ration of t(e mort+a+e. 7or0$D s$/se3$ently instit$ted a com0laint w(ic( alle+ed t(at t(e Gros0es (ad entered t(e dis0$ted land /y force and destroyed t(e 0alay t(at (e (ad 0lanted on it. ,owever, accordin+ to t(e Gros0es, 7or0$D (ad already eBec$ted a G?aiver of Ri+(tsH over t(e land(oldin+ in favor of t(e s0o$ses in consideration of 4-49. 4rovincial A+rarian Reform Ad:$dicator 1rnesto .a/ara r$led t(at 7or0$D a/andoned and s$rrendered t(e land(oldin+ to t(e Sama(an+ Nayon of N$eva 1ci:a. Said Sama(an+ Nayon even 0assed Resol$tion Nos. !E and 27 recommendin+ t(e reallocation of said lots to t(e Gros0es, w(o were t(e Gmost 3$alified farmers)/eneficiaries.H .(e DARA> and t(e 7A /ot( affirmed t(e Decision. 8n !988, RA EE-7 was a00roved /y t(e 4resident of t(e 4(ili00ines. 8t incl$des t(e raisin+ of livestoc9, 0o$ltry, and swine in its covera+e. 8n !989, t(e Secretary of A+rarian Reform 0rom$l+ated t(e 8RR of Secs. !!, ! , and 9 of t(e said law. L$D ;arms, a cor0oration en+a+ed in t(e livestoc9 and 0o$ltry /$siness, alle+edly stands to /e adversely affected /y t(e enforcement of certain ?@N 7or0$D (ad a/andoned (is land(oldin+.

ne+atin+ t(e +overnment6s 0ro+ram of freein+ t(e tenant from t(e /onda+e of t(e soil. N2. 7or0$D6 s$rrender of 0ossession did not amo$nt to an a/andonment /eca$se t(ere was an o/li+ation on t(e 0art of t(e Gros0es to ret$rn 0ossession of t(e land(oldin+ $0on f$ll 0ayment of t(e loan. .(ere was no clear, a/sol$te, or irrevoca/le intent to a/andon. A1S. 7or0$D6 intention to s$rrender t(e land(oldin+ was clear and $ne3$ivocal. ,e si+ned (is conc$rrence to t(e Sama(an+ Nayon Resol$tions. ,is vol$ntary s$rrender to t(e Sama(an+ Nayon 3$alifies as a s$rrender or transfer to t(e +overnment /eca$se s$c( action forms 0art of t(e mec(anism for t(e dis0osition and t(e reallocation of farm(oldin+s of tenant)farmers w(o ref$se to /ecome /eneficiaries of 4D 27. N2. 8t was never t(e intention of t(e framers of t(e 7onstit$tion to incl$de t(e livestoc9 and 0o$ltry ind$stry in t(e covera+e of t(e a+rarian reform 0ro+ram of t(e +overnment. .(e intention of t(e 7ommittee was to limit t(e a00lication of t(e word Ga+ric$lt$reH. .($s, Section 88 of RA EE-7 w(ic( incl$des G0rivate a+ric$lt$ral lands devoted to commercial livestoc9, 0o$ltry, and swine raisin+H in t(e definition of Gcommercial farmsH is invalid, to t(e eBtent t(at t(e aforecited a+ro)ind$strial

or&anization to ensure that the tenant1far#ers %i!! en(o$ on a !astin& basis the benefits of a&rarian refor#.

?@N 7or0$D (ad vol$ntarily s$rrendered (is land(oldin+.

L$D ;arms v. DAR Secretary GR No. 8E889 4 Decem/er !99" Paras, J.

?@N t(e 7ARL s(o$ld incl$de t(e raisin+ of livestoc9, 0o$ltry and swine in its covera+e.

Raisin+ of livestoc9, 0o$ltry, and swine are eBcl$ded from t(e covera+e of t(e 7ARL.

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

sections of RA EE-7, of t(e G$idelines and 4roced$res 8m0lementin+ 4rod$ction and 4rofit S(arin+ $nder RA EE-7, and of t(e 8RR of Section !!. 8t 0rays t(at t(e aforesaid stat$tes /e declared $nconstit$tional.

activities are made to /e covered /y t(e a+rarian reform 0ro+ram of t(e State. ?@N t(e re3$irement in Sections ! and 2 of RA EE-7 directin+ Gcor0orate farmsH to eBec$te and im0lement G0rod$ction)s(arin+ 0lansH is $nreasona/le for /ein+ confiscatory and violative of d$e 0rocess, wit( res0ect to livestoc9 and 0o$ltry raisers. Se0arate 20inion% 3ar#iento, J. ?@N t(e assailed 0rovisions violate t(e e3$al 0rotection cla$se of t(e 7onstit$tion. A1S. As t(ere is no reason to incl$de livestoc9 and 0o$ltry lands in t(e covera+e of a+rarian reform, t(ere is no need to call $0on t(em to distri/$te from I of t(eir +ross sales and !"I of t(eir net 0rofits to t(eir wor9ers as additional com0ensation. N2. S$/stantial distinctions eBist /etween land directed 0$rely to c$ltivation and (arvestin+ of fr$its or cro0s and land eBcl$sively $sed for livestoc9, 0o$ltry and swine raisin+ t(at ma9e real differences% !. .(ere are no tenants nor landlords in livestoc9 and 0o$ltry /$sinesses* 2. Livestoc9 and 0o$ltry do not s0ro$t from land* . Land is not a 0rimary reso$rce* 4. Livestoc9 and 0o$ltry 0rod$ction are ind$strial activities* -. Livestoc9 and 0o$ltry farmwor9ers are covered /y minim$m wa+e law rat(er t(an /y tenancy law. A1S. Natalia and 1D87 com0lied wit( all t(e re3$irements of law, even sec$rin+ 0rior a00roval from DAR. As a matter of fact, t(ere was no need for Natalia and

Natalia Realty v. DAR GR No. !" "2 !2 A$+$st !99 4e!!osi!!o, J.

44 !E 7 set aside several (ectares of land in Anti0olo, San 'ateo, and 'ontal/an as townsite areas to a/sor/ t(e 0o0$lation overs0ill in t(e metro0olis w(ic( were

?@N t(e Natalia 0ro0erties were validly converted from a+ric$lt$ral to residential land.

Lands not devoted to a+ric$lt$ral activity are o$tside t(e covera+e of 7ARL. GA+ric$lt$ral landH refers to Gland devoted to a+ric$lt$ral

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

desi+nated as t(e L$n+sod Silan+an .ownsite, w(ere Natalia Realty6s 0ro0erties were sit$ated. 1state Develo0ers and 8nvestors 7or0oration <1D87=, t(e develo0er of t(e Natalia 0ro0erties, was +ranted a00roval to develo0 t(e said 0ro0erties into low)cost (o$sin+ s$/divisions. .(e Natalia 0ro0erties t(en /ecame t(e Anti0olo ,ills S$/division. ?(en t(e 7ARL came into effect, t(e DAR iss$ed a Notice of 7overa+e on t(e $ndevelo0ed 0ortions of t(e Anti0olo ,ills S$/division. Natalia immediately re+istered its o/:ection to t(e said Notice and re3$ested t(e DAR Secretary to cancel t(e same. ,owever, mem/ers of t(e Sama(an n+ 'a+sasa9a sa >$ndo9 Anti0olo <SA'>A= filed a com0laint a+ainst Natalia and 1D87 /efore t(e DAR Re+ional Ad:$dicator to restrain t(em from develo0in+ areas $nder t(eir c$ltivation. .(e RA iss$ed a writ of 4reliminary 8n:$nction. Natalia and 1D87 a00ealed to t(e DARA> /$t t(e latter merely remanded t(e case to t(e RA. Natalia t(en re3$ested t(e DAR Secretary to set aside t(e Notice of 7overa+e. Neit(er t(e DAR Secretary nor t(e DAR Director concerned too9 action on t(e 0rotest letters. #aime 'orta and 4$rificacion 4adilla filed a s$it a+ainst #aime 2ccidental, Atty. 'ariano >aranda, and Daniel 7orral, for alle+edly +at(erin+ 0ili n$ts, ?@N t(e Natalia 0ro0erties are covered /y t(e 7ARL.

1D87 to do so /eca$se t(e Natalia 0ro0erties were wit(in t(e areas set aside for t(e L$n+sod Silan+an Reservation. Since 44 !E 7 created t(e townsite reservation for t(e 0$r0ose of 0rovidin+ additional (o$sin+ to t(e /$r+eonin+ 0o0$lation of 'etro 'anila, it in effect converted for residential $se w(at were erstw(ile a+ric$lt$ral lands 0rovided all re3$isites were met. N2. .(e $ndevelo0ed 0ortions of t(e Anti0olo ,ills S$/division cannot /e considered as Ga+ric$lt$ral lands.H .(ese lots were intended for residential $se. .(ey ceased to /e a+ric$lt$ral lands $0on a00roval of t(eir incl$sion in t(e L$n+sod Silan+an Reservation.

activity, and not classified as mineral, forest, residential, commercial, or ind$strial land.H

'orta v. 2ccidental GR No. !2 4!7 !" #$ne !999 Par"o, J.

?@N t(e cases are 0ro0erly co+niDa/le /y t(e DARA>.

N2. Since t(ere is a dis0$te as to w(o is t(e ri+(tf$l owner of t(e land, t(e iss$e is clearly o$tside DARA>6s :$risdiction. ?(atever findin+s made /y t(e DARA>

;or DARA> to (ave :$risdiction over a case, t(ere m$st eBist a tenancy relations(i0 /etween t(e 0arties. 8n order for a tenancy a+reement to ta9e (old over a

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

ana(aw leaves, and cocon$ts from t(eir res0ective land and destroyin+ t(eir /anana and 0inea00le 0lants. 2ccidental claimed t(at (e was a tenant of t(e act$al owner of t(e land, #osefina >araclan, and t(at 'orta and 4adilla were not act$ally t(e owners of t(e land in 3$estion. .(e trial co$rt r$led in favor of 'orta and 4adilla. 2ccidental, et al. a00ealed, contendin+ t(at t(e case was co+niDa/le /y t(e DAR Ad:$dicatory >oard <DARA>=. .($s, t(e R.7 reversed t(e lower co$rt and r$led in favor of 2ccidental, statin+ t(at t(e case is a tenancy)related 0ro/lem w(ic( falls $nder t(e eBcl$sive :$risdiction of DARA>. .(e 7A affirmed t(e R.7.

re+ardin+ t(e owners(i0 of t(e land are not concl$sive to settle t(e matter. At any rate, w(oever is declared to /e t(e ri+(tf$l owner of t(e land, t(e case cannot /e considered tenancy) related for it still fails to com0ly wit( t(e ot(er re3$irements. Ass$min+ ar+$endo t(at #osefina is t(e owner, t(en t(e case is not /etween t(e landowner and tenant. 8f, (owever, 'orta is t(e landowner, 2ccidental cannot claim t(at t(ere is consent to a landowner)tenant relations(i0 /etween (im and 'orta. .($s, for fail$re to com0ly wit( t(e re3$isites, t(e iss$e involved is not tenancy)related co+niDa/le /y t(e DARA>. Dissent% Da'i"e, CJ. 8t is a tenancy)related iss$e /eca$se w(et(er it is #osefina or 'orta w(o is t(e owner of t(e land is no moment. 8t does not affect 2ccidental6s tenancy. .enancy attac(es to t(e land. .(e cases filed /y 'orta and 4adilla were a clever way to defeat t(e a+rarian law. ?(ile t(e cases were ostensi/ly for dama+es, t(ey were, at /ottom, a fi+(t on iss$es incident to or arisin+ from an a+rarian relations(i0.

dis0$te, it wo$ld /e essential to esta/lis( all its indis0ensa/le elements, to wit% !. .(at t(e 0arties are t(e landowner and t(e tenant or a+ric$lt$ral lessee* 2. .(e s$/:ect matter of t(e relations(i0 is an a+ric$lt$ral land* . .(at t(ere is consent /etween t(e 0arties to t(e relations(i0* 4. .(at t(e 0$r0ose of t(e relations(i0 is to /rin+ a/o$t a+ric$lt$ral 0rod$ction* -. .(at t(ere is 0ersonal c$ltivation on t(e 0art of t(e tenant or a+ric$lt$ral lessee* and E. .(at t(e (arvest is s(ared /etween t(e landowner and t(e tenant or a+ric$lt$ral lessee. Limited :$risdiction of DAR% !. Ad:$dication of all matters involvin+ im0lementation of a+rarian reform* 2. Resol$tion of a+rarian conflicts and land) ten$re related 0ro/lems* and . A00roval and disa00roval of t(e conversion, restr$ct$rin+, or read:$stment of a+ric$lt$ral lands into residential, commercial, ind$strial,

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

'onsanto v. Jerna GR No. !42-9! 7 Decem/er 2""! Pan&aniban, J.

Leonarda 'onsanto owned a 0arcel of land, w(erein #es$s and .eresita Jerna were overseers. 8n !99-, t(e Jernas (arvested cocon$ts from t(e 0lantation wit(o$t 'onsanto6s consent, and 0rocessed t(em into co0ra for t(e 0$r0ose of confirmin+ t(eir claim t(at t(ey are tenants of t(e land. 8t was alle+ed t(at t(e total amo$nt t(at t(ey act$ally made was 4E,2E2.-"* t(ey de0osited 4-,!E2.-" wit( t(e >aran+ay Secretary of t(e locality, 9ee0in+ t(e /alance of 4!,!""."" for t(eir la/or. 'onsanto instit$ted a criminal case of 3$alified t(eft a+ainst t(e Jernas, /$t t(e Jernas were ac3$itted for lac9 of criminal intent. .(e /aran+ay ca0tain of t(e locality was ordered to ret$rn to 'onsanto t(e money t(at t(e Jernas de0osited. 'onsanto filed an 'R for t(e ret$rn of t(e 4!,!""."". .(e co$rt t(en r$led t(at since t(e (arvestin+ of t(e cocon$ts and 0rocessin+ of t(e same into co0ra were not wit( t(e consent of 'onsanto, t(en t(ey co$ld not /e entitled to com0ensation for t(eir la/or. 2n a00eal, t(e 7A r$led t(at t(e trial co$rt (ad no :$risdiction to order t(e Jernas to 0ay 'onsanto t(e 4!,!""."". >eca$se t(e dis0$te involved an a+ric$lt$ral tenancy relations(i0, t(e matter fell wit(in t(e 0rimary

?@N an a+rarian dis0$te eBisted /etween t(e 0arties.

A1S.

2.

4.

.(e s$/:ect of t(e dis0$te /etween t(em was t(e ta9in+ of cocon$ts from t(e 0ro0erty owned /y 'onsanto* .(e Jernas were t(e overseers of t(e 0ro0erty at t(e time of t(e ta9in+ of t(e cocon$ts, as can /e +leaned from t(eir Kasa/$tan* 'onsanto allowed t(e Jernas to 0lant cocon$t, coffee, :ac9fr$it, and cacao as s(own /y t(e Kasa/$tan* A ten$rial arran+ement eBists amon+ (erein 0arties as re+ards t(e (arvestin+ of t(e a+ric$lt$ral 0rod$cts, as s(own /y t(e several remittances made /y t(e Jernas to 'onsanto, s$/stantiated /y recei0ts.

and ot(er non) a+ric$lt$ral $ses. .(e resol$tion of an a+rarian dis0$te is a matter /eyond t(e le+al com0etence of re+$lar co$rts. .(e DARA> eBercises 0rimary :$risdictionL/ot( ori+inal and a00ellateLto determine and ad:$dicate all a+rarian dis0$tes, cases, controversies, and matters or incidents involvin+ t(e im0lementation of a+rarian laws and t(eir im0lementin+ r$les and re+$lations. An a+rarian dis0$te refers to any controversy relatin+ to ten$rial arran+ementsLw(et(er lease(old, tenancy, stewards(i0 or ot(erwiseLover lands devoted to a+ric$lt$re, incl$din+ <!= dis0$tes concernin+ farm wor9ers6 associations* or <2= re0resentation of 0ersons in ne+otiatin+, fiBin+, maintainin+, c(an+in+, or see9in+ to arran+e terms or conditions of s$c( ten$rial arran+ement. A tenancy relations(i0 may /e esta/lis(ed eit(er ver/ally or in writin+, eB0ressly or im0liedly.

?@N t(e R.7 was stri00ed of its criminal :$risdiction w(en t(e 7A ann$lled t(e 2rder re+ardin+ t(e remainin+ 4!,!""."".

N2. .(ere is no 3$estion t(at t(e R.7 (ad criminal :$risdiction to try t(e Jernas for t(e crime of 3$alified t(eft. ,owever, t(e resol$tion of t(e iss$e of w(o is entitled to t(e 4!,!""."" falls s3$arely wit(in t(e :$risdiction of t(e DARA>, as it is an a+rarian dis0$te.

1!

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

Sanc(eD v. 'arin GR No. !7! 4E !9 2cto/er 2""7 Chico15azario, J.

and eBcl$sive :$risdiction of t(e DARA>. 8t t(en ann$lled t(e R.7 order re3$irin+ t(e ret$rn of t(e 4!,!""."". David ;eliB owned a fis(0ond. #aime Sanc(eD was instit$ted as a tenant on t(e said fis(0ond, wit( a -"@-" s(arin+ a+reement. After a few years, ;eliB sold and transferred owners(i0 of t(e s$/:ect fis(0ond to t(e 'arins. As new owners of t(e fis(0ond, t(ey entered into a civil law a+reement wit( t(eir mot(er, Jemaida, w(ic( was renewa/le yearly. Jenaida t(en made an arran+ement wit( Sanc(eD w(erein Sanc(eD wo$ld receive a re+$lar salary and a 2"I s(are in t(e net 0rofit of t(e fis(0ond. ?(en (er lease a+reement wit( (er c(ildren eB0ired, Jenaida ordered Sanc(eD to vacate t(e 0remises. Sanc(eD ref$sed, assertin+ t(at (e was a tenant of t(e fis(0ond and not a mere contract$al wor9er* (ence, (e (ad t(e ri+(t to its 0eacef$l 0ossession and sec$rity of ten$re. ,e t(en as9ed t(e co$rt to declare (im as a tenant of t(e s$/:ect fis(0ond, w(ic( s$/se3$ently did. As Sanc(eD was already declared as an a+ric$lt$ral tenant of t(e fis(0ond, (e filed a 0etition to t(e 4rovincial A+rarian Reform Ad:$dicator <4ARAD= for t(e fiBin+ of lease(old rentals for (is $se of t(e fis(0ond. ,owever, Jenaida co$ntered t(is

?@N a fis(0ond is an a+ric$lt$ral land.

N2. >y virt$e of Sec. 2, RA 788!, t(e o0eration of fis(0onds is no lon+er considered an a+ric$lt$ral activity, and a 0arcel of land devoted to fis(0ond o0eration is no lon+er an a+ric$lt$ral land. A1S. Alt(o$+( t(e fis(0ond is not covered /y t(e 7ARL, it /ears em0(asis t(at Sanc(eD6 stat$s as a tenant in t(e s$/:ect fis(0ond and (is ri+(t to sec$rity of ten$re were already 0revio$sly settled. ,avin+ /een declared as a tenant wit( t(e ri+(t to sec$rity of ten$re as 0rovided /y t(e law enforced at t(e time of t(e filin+ of t(e com0laint, Sanc(eD (as ac3$ired a vested ri+(t over t(e s$/:ect fis(0ond. .(erefore, even if fis(0onds were later eBcl$ded@eBem0ted from 7ARL covera+e, and des0ite t(e fact t(at no 7L2A (as /een iss$ed to Sanc(eD, t(e same cannot defeat t(e aforesaid vested ri+(t already +ranted and ac3$ired /y Sanc(eD lon+ /efore t(e 0assa+e of RA 788!. A1S. .(e 0resent case was instit$ted as early as !99! w(en t(e law a00lica/le was still RA EE-7, and fis(0onds and 0rawn farms were not yet eBem0ted@eBcl$ded from t(e 7ARL covera+e. At t(at time, t(ere was an a+rarian dis0$te /etween t(e 0arties. 4rior to t(e

;is(0onds are no lon+er considered a+ric$lt$ral lands.

?@N a ten$rial arran+ement eBists /etween Sanc(eD and Jenaida 'arin.

?@N t(e DARA> :$risdiction over t(e case.

(as

11

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

a00lication /y filin+ a case wit( t(e 4ARAD to e:ect Sanc(eD for fail$re to 0ay t(e rent and for fail$re to render an acco$ntin+. .(e 4ARAD consolidated t(e 2 cases and r$led in favor of Sanc(eD. Jenaida a00ealed to t(e DARA>, w(ic( affirmed t(e 4ARAD decision. .(e 7A reversed t(e r$lin+, statin+ t(at t(e DARA> lac9ed :$risdiction over t(e case. 8t stated t(at Sec. 2 of RA 788!, w(ic( amended Sec. !" of RA EE-7, eBcl$ded 0rivate lands act$ally, directly, and eBcl$sively $sed for 0rawn farms and fis(0onds from t(e covera+e of t(e 7ARL, so t(at t(e o0eration of a fis(0ond is no lon+er considered an a+ric$lt$ral activity. Since t(e cases are not a+rarian dis0$tes, t(en t(e DARA> co$ld not (ave validly ac3$ired :$risdiction over t(e case. ?(en 5erdillo was iss$ed an G2rder of AwardH /y t(e DAR Secretary over 2 0arcels of land, it (ad a condition t(at 5erdillo s(o$ld 0ersonally c$ltivate t(e land, and 0ay at least t(e first installment, wit(in a 0eriod of E mont(s. 2! years later, 5erdillo filed an a00lication wit( t(e DAR for t(e 0$rc(ase of t(e said lots claimin+ t(at (e (ad com0lied wit( t(e conditions set fort( in t(e 2rder of Award. Restit$to Rivera 0rotested t(is a00lication, claimin+ t(at it was (e w(o (ad

enactment of RA 788! in !99-, t(e case was already 0endin+ a00eal /efore t(e DARA>. ,ence, t(e aforesaid amendments cannot /e made to a00ly to divest t(e DARA> of its :$risdiction of t(e case. 2nce :$risdiction is ac3$ired /y t(e co$rt, it remains wit( it $ntil t(e f$ll termination of t(e case.

N$esa v. 7A GR No. ! 2"48 E 'arc( 2""2 6uisu#bin&, J.

?@N t(e DARA> :$risdiction over t(e case.

(as

N2. 5erdillo and Rivera (ad no ten$rial, lease(old, or any a+rarian relations w(atsoever t(at co$ld (ave /ro$+(t t(is controversy /etween t(em wit(in t(e am/it of an Ga+rarian dis0$te.H 7onse3$ently, t(e DARA> (ad no :$risdiction over t(e controversy and s(o$ld not (ave ta9en co+niDance of 5erdillo6s 0etition in t(e first 0lace. A1S. .(e revocation /y t(e Re+ional Director of DAR of t(e earlier 2rder of Award /y t(e DAR Secretary falls $nder t(e

?(ile it /ears em0(asiDin+ t(at findin+s of administrative a+encies, w(ic( (ave ac3$ired eB0ertise /eca$se t(eir :$risdiction is confined to s0ecific matters are accorded not only res0ect /$t even finality /y t(e co$rts, care s(o$ld /e ta9en t(at administrative actions are not done wit(o$t d$e re+ard to t(e :$risdictional /o$ndaries set /y t(e ena/lin+ law for eac( a+ency. .(e DAR is vested wit( t(e 0rimary :$risdiction to determine and ad:$dicate a+rarian reform

?@N t(e DARA> acted in +rave a/$se of discretion.

12

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

/een in 0ossession of t(e land and (ad /een c$ltivatin+ t(e same. ,e also filed (is own a00lication for t(e said 0arcels in o00osition to t(at of 5erdillo. After t(e DAR6s investi+ation of t(e conflictin+ claims, it fo$nd t(at 5erdillo violated t(e terms of t(e 2rder of Award, and cancelled t(e said 2rder. ,ence, 5erdillo filed wit( t(e 4rovincial Ad:$dication >oard a 0etition for t(e ann$lment of t(e said order. 8nstead of filin+ an Answer to t(e 4etition, Rivera filed a 'otion to Dismiss. ,owever, t(e DARA> 4rovincial Ad:$dicator c(ose to resolve t(e case on t(e merits, and r$led in favor of 5erdillo. .(e DARA> and t(e 7A affirmed t(is decision.

administrative f$nctions of t(e DAR. .(e DARA> and its 0rovincial ad:$dicator or /oard of ad:$dicators acted erroneo$sly and wit( +rave a/$se of discretion in ta9in+ co+niDance of t(e case, t(en overt$rnin+ t(e decision of t(e DAR Re+ional Director and decidin+ t(e case on t(e merits wit(o$t +ivin+ Rivera t(e o00ort$nity to 0resent (is case.

matters and s(all (ave t(e eBcl$sive :$risdiction over all matters involvin+ t(e im0lementation of t(e a+rarian reform 0ro+ram. .(e DARAN (as 0rimary ori+inal and a00ellate :$risdiction to determine and ad:$dicate all a+rarian dis0$tes, cases, controversies, and matters or incidents involvin+ t(e im0lementation of t(e 7AR4 and ot(er a+rarian laws and t(eir 8RRs. An Ga+rarian dis0$teH is defined to incl$de Gany controversy relatin+ to ten$rial arran+ements, w(et(er lease(old, tenancy, stewards(i0, or ot(erwise over lands devoted to a+ric$lt$re, incl$din+ dis0$tes concernin+ farmwor9ers6 associations or re0resentation of 0ersons in ne+otiatin+, fiBin+, maintainin+, c(an+in+ or see9in+ to arran+e terms or conditions of s$c( ten$rial arran+ements. 8t incl$des any controversy relatin+ to com0ensation of lands ac3$ired $nder RA EE-7 and ot(er terms and conditions of transfer and ot(er a+rarian reform /eneficiaries, w(et(er t(e dis0$tants stand in t(e 0roBimate relation of farm o0erator and /eneficiary, landowner and tenant, or lessor and lessee. .(e :$risdiction of t(e DARA> is limited to cases involvin+ a tenancy relations(i0 /etween t(e 0arties. 1lements of a tenancy

Alm$ete v. Andres GR No. !2227E 2" Novem/er 2""! 7nares13antia&o, J.

Since t(e National Resettlement and Re(a/ilitation Administration <NARRA= awarded a 0arcel of land to Rodri+o Alm$ete in !9-7, (e and (is family eBercised eBcl$sive

?@N t(e case is an a+rarian dis0$te and, as s$c(, falls $nder t(e DARA>6s :$risdiction.

N2. .(e action filed /y Alm$ete /efore t(e trial co$rt was for recovery of 0ossession and reconveyance of title. .(e iss$e to /e resolved was w(o /etween Alm$ete and Andres (as a /etter

13

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

0ossession over it, c$ltivatin+ it and 0lantin+ narra, fr$it trees, rice, corn, and le+$mes t(ereon. ,owever, in !979, an A+rarian Reform .ec(nolo+ist re0resented t(at Alm$ete co$ld not /e fo$nd and t(at (e (ad waived all (is ri+(ts as a NARRA settler. 8t was also stated in t(e re0ort t(at t(e act$al owner of t(e land was 'arcelo Andres, w(o was t(en allowed to file (is (omestead a00lication. After t(e iss$ance of an ori+inal certificate of title in favor of Andres 0$rs$ant to (is (omestead 0atent, (e and !" ot(er armed 0ersons entered t(e s$/:ect 0ro0erty and too9 0ossession of a00roBimately (alf of it. Alm$ete 3$ic9ly /ro$+(t t(e matter t(e DAR6s attention, and learned of t(e cancellation of (is award and its s$/se3$ent titlin+ in favor of Andres. Alm$ete t(en filed an action for reconveyance and recovery of 0ossession a+ainst Andres, w(ic( was +ranted /y t(e co$rt. Andres t(en filed a 0etition for certiorari wit( t(e 7A, assailin+ t(e trial co$rt6s :$risdiction over t(e nat$re as well as t(e s$/:ect matter of t(e case. ,e ar+$ed t(at since t(e s$/:ect 0ro0erty was a+ric$lt$ral land covered /y a (omestead 0atent, eBcl$sive :$risdiction was wit( t(e DARA>, and not wit( t(e

ri+(t to t(e s$/:ect 0ro0erty considerin+ t(at /ot( of t(em are awardees of t(e same 0ro0erty. 8t was t($s a controversy relatin+ to owners(i0 of t(e farmland, w(ic( is /eyond t(e am/it of t(e 0(rase Ga+rarian dis0$te.H No :$ridical tie of landowner and tenant was alle+ed /etween t(e 0arties, let alone t(at w(ic( wo$ld so c(aracteriDe t(e relations(i0 as an a+rarian dis0$te. 7onse3$ently, t(e R.7 was com0etent to try and decide t(e case. 8ts decision was, t($s, valid and can no lon+er /e dist$r/ed, after (avin+ attained finality. Not(in+ more can /e done wit( t(e decision eBce0t to enforce it.

relations(i0% !. .(e 0arties are t(e landowner and t(e tenant or a+ric$lt$ral lessee* 2. .(e s$/:ect matter of t(e relations(i0 is an a+ric$lt$ral land* . .(ere is consent /etween t(e 0arties to t(e relations(i0* 4. .(e 0$r0ose of t(e relations(i0 is to /rin+ a/o$t a+ric$lt$ral 0rod$ction* -. .(ere is 0ersonal c$ltivation on t(e 0art of t(e tenant or a+ric$lt$ral lessee* E. .(e (arvest is s(ared /etween t(e landowner and t(e tenant or a+ric$lt$ral lessee.

14

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

7(ico v. 7A GR No. !227"4 - #an$ary !998 8itu&, J.

re+$lar co$rts. .(e 7A r$led in Andres6 favor, and declared t(e r$lin+ of t(e R.7 as n$ll and void for lac9 of :$risdiction. 4edro 7(ico claims to /e t(e lawf$l owner of a 0arcel of land, w(ic( t(e 'anan+(ayas were occ$0yin+. ,e averred t(at (e needed t(e lots for (is 0ersonal $se /$t /eca$se t(e 'anan+(ayas ref$sed to vacate, (e was constrained to initiate t(e case. .(e 'anan+(ayas assert t(at t(e tr$e owners of t(e 0ro0erty in 3$estion, Don Rafael and DoMa Sal$d 7(ico, were s$cceeded $0on t(eir deat( /y t(eir son Delfin 7(ico. .(ey also claim t(at t(ey (ad lon+ /een in lawf$l 0ossession of t(e s$/:ect 0arcel of land as tenants of t(e deceased s0o$ses and t(eir son to w(om rentals (ad /een 0aid. .(e R.7 r$led in favor of 4edro and ordered t(e 'anan+(ayas to s$rrender its 0ossession. .(e 'anan+(ayas t(en initiated a 0etition for certiorari wit( t(e 7A to ann$l t(e R.7 decision for /ein+ void. .(ey contend t(at t(eir tenancy relations(i0 wit( t(e ori+inal owners was an a+rarian dis0$te co+niDa/le eBcl$sively /y t(e DARA>. .(e 7A set aside t(e R.7 decision on t(e +ro$nd t(at t(e dis0$te /etween t(e 0arties was an a+rarian reform matter. Natividad G$tierreD owns a 0arcel of land, over w(ic( (er sister Aniceta was an overseer.

?@N t(e dis0$te /etween t(e 0arties is a+rarian in nat$re.

N2. .(e records of t(e case fail to s(ow any :$ridical tie /indin+ /etween t(e 0arties or t(eir 0redecessors)in)interest, let alone t(at w(ic( wo$ld so c(aracteriDe t(e relations(i0 as an a+rarian dis0$te. ?orse, t(e land s$/:ect matter of t(e controversy was not s(own to /e an a+ric$lt$ral land* to t(e contrary, t(e land a00ears to /e located wit(in a residential area. 7om0o$ndin+ t(e matter, no recei0t, or any ot(er evidence, was 0resented /y t(e 'anan+(ayas to 0rove t(eir claim t(at t(e (arvest was s(ared /etween t(e 0arties.

8n order for a tenancy relation to ta9e serio$s (old over t(e dis0$te, it wo$ld e essential to first esta/lis( all its indis0ensa/le elements. 8t is not eno$+( t(at t(ese re3$isites are alle+ed* t(ese re3$isites m$st /e s(own in order to divest t(e re+$lar co$rt of its :$risdiction in 0roceedin+s lawf$lly /e+an /efore it.

8sidro v. 7A GR No. L)!"--8E !- Decem/er !99

?@N t(e 0arties (ave a ten$rial arran+ement.

N2. >ased on t(e stat$tory definitions of a tenant or lessee, it is clear t(at t(ere is no tenancy

.enancy is not a 0$rely fact$al relations(i0 de0endent on w(at t(e alle+ed tenant does $0on t(e

15

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

Pa"i!!a, J.

Aniceta allowed Remi+io 8sidro to occ$0y t(e swam0y 0ortion of t(e land, so t(at (e wo$ld (ave eno$+( income to meet (is family6s needs, wit( t(e condition t(at (e vacate t(e 0ro0erty $0on demand. Remi+io occ$0ied t(e land wit(o$t 0ayin+ any rental and converted t(e same into a fis(0ond. ?(en Natividad demanded Remi+io to ret$rn t(e land, t(e latter ref$sed to vacate, claimin+ t(at (e (ad s0ent effort and invested ca0ital in convertin+ t(e same into a fis(0ond. .($s, a com0laint for $nlawf$l detainer was filed /y Natividad. ,owever, it was dismissed /y t(e trial co$rt, statin+ t(at t(e land is a+ric$lt$ral and is t($s an a+rarian dis0$te $nder t(e ori+inal and eBcl$sive :$risdiction of t(e co$rts of a+rarian relations. .(e R.7 affirmed t(e decision. .(e 7A t(en reversed t(e lower co$rts, and r$led t(at t(ere was no ten$rial arran+ement /etween t(e 0arties, and t(at Remi+io only 0ossessed t(e 0ro0erty /y mere tolerance. ;rom !9E to !98 , .eofilo 'a+arin, A+$ido 1/asco, G$illermo and 'an$el 7asinillo, Ser+io 7or0$s, Severino 'a+arin, R$fina 'endoDa, 5ictoria 2rilan, and ;a$sta Salida+a (ad /een c$ltivatin+ 0ortions of a 0arcel of land owned /y Nicolas Sintos. .(ey a+reed to 0ay (im one)fo$rt( of

or a+ric$lt$ral@lease(old relations(i0 eBistin+ /etween t(e 0arties. .(ere was no contract or a+reement entered into /y Remi+io wit( Natividad nor wit( t(e overseer of t(e 0ro0erty, for Remi+io to c$ltivate t(e land for a 0rice certain or to s(are (is (arvests. Remi+io failed to s$/stantiate (is claim t(at (e was 0ayin+ rent for t(e $se of t(e land. ?@N t(e case falls $nder t(e DARA>6s :$risdiction. N2. A case involvin+ an a+ric$lt$ral land does not a$tomatically ma9e s$c( case an a+rarian dis0$te $0on w(ic( t(e DARA> (as :$risdiction. .(e law 0rovides for conditions or re3$isites /efore t(e 0ossessor of t(e land can 3$alify as an a+ric$lt$ral lessee or tenant, and t(e land /ein+ a+ric$lt$ral is only one of t(em. .(e law states t(at an a+rarian dis0$te m$st /e a controversy relatin+ to a ten$rial arran+ement over lands devoted to a+ric$lt$re. 8n t(e a/sence of a tenancy relations(i0, t(e com0laint for $nlawf$l detainer is 0ro0erly wit(in t(e :$risdiction of t(e '.7. A1S. .(ere eBisted a landlord and tenant relations(i0 /etween t(e 0arties. ,e allowed t(em to c$ltivate t(e land and, in ret$rn, received a s(are of t(e (arvest. >ein+ tenants, t(ey are entitled to dist$r/ance com0ensation.

land. 8t is also a le+al relations(i0. .(e intent of t(e 0arties, t(e $nderstandin+ w(en t(e farmer is installed, and t(eir written a+reements, 0rovided t(ese are com0lied wit( and are not contrary to law, are even more im0ortant. Fnless a 0erson esta/lis(es (is stat$s as a de :$re tenant, (e is not entitled to sec$rity of ten$re nor is (e covered /y t(e Land Reform 4ro+ram of t(e +overnment $nder eBistin+ tenancy laws. An a+ric$lt$ral lessee is a 0erson w(o, /y (imself and wit( t(e aid availa/le from wit(in (is immediate farm (o$se(old, c$ltivates t(e land /elon+in+ to, or 0ossessed /y, anot(er wit( t(e latter6s consent for t(e 0$r0oses of 0rod$ction, for a 0rice certain in money or in 0rod$ce or /ot(. An a+ric$lt$ral lessor, on t(e ot(er (and, is a nat$ral or :$ridical 0erson w(o, eit(er as owner, civil law lessee, $s$fr$ct$ary, or le+al 0ossessor lets or +rants to anot(er t(e c$ltivation and $se of (is land for a 0rice certain. ?(ere 0ersons c$ltivated t(e land and did not receive salaries /$t a s(are in t(e 0rod$ce or t(e cas( e3$ivalent t(ereof, t(e relations(i0 created /etween t(em and t(e landowner is one of tenancy and not em0loyment.

Sintos v. 7A GR No. 9E489 !4 #$ly !996uiason, J.

?@N t(e tenants (ave a ri+(t to dist$r/ance com0ensation.

16

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

t(eir (arvest as t(eir s(ares. S$/se3$ently, Nicolas amended t(e s(arin+ a+reement /y re3$irin+ t(em to +ive (im !" sac9s of -" 9ilos 0er sac9, 0er (ectare, 0er (arvest. .(ereafter, t(e said tenants 0aid (im on t(e /asis of t(e new s(arin+ sc(eme. ?(en t(e s$/:ect 0arcel of land was identified /y t(e 'inistry of A+rarian Reform as covered $nder 20eration Land .ransfer, 7ertificates of Land .ransfer were iss$ed to t(e tenants. Nicolas t(en as9ed for t(e eBcl$sion of (is land(oldin+ from t(e land reform 0ro+ram, contendin+ t(at t(e 0ortions occ$0ied /y (is tenants were 0art of (is land develo0ment 0ro:ect, t(e Sintos S$/division. After investi+ation, t(e 'AR recommended t(e cancellation of t(e 7L.s in favor of t(e tenants and instead recommended t(e award to t(em of dist$r/ance com0ensation. Alt(o$+( no a+reement was reac(ed /y t(e 0arties wit( res0ect to t(e amo$nt of dist$r/ance com0ensation, t(e tenants were e:ected from t(eir land(oldin+ w(en Nicolas started d$m0in+ sand and +ravel on t(e 0ortions t(ey were c$ltivatin+. .(ey t(en filed a case a+ainst Nicolas for t(e 0ayment of dist$r/ance com0ensation. .(e trial co$rt r$led in favor of t(e tenants, and ordered Nicolas

17

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

4(il/ancor v. 7A GR No. !29-72 2E #$ne 2""" Par"o, J.

to 0ay t(em dist$r/ance com0ensation. .(e 7A affirmed t(e trial co$rt. Nicolas a00ealed, contendin+ t(at t(e res0ondents do not (ave a ri+(t to t(e com0ensation /eca$se t(ey were not (is tenants. 5icente ,iDon, #r. is t(e owner of a+ric$lt$ral lands w(ic( were tenanted /y Alfredo 4are, 4a/lo Galan+, and Amado 5ie. ,iDon mort+a+ed t(e s$/:ect 0ro0erty to 4(il/ancor wit(o$t (is tenants6 9nowled+e, and w(en (e failed to 0ay (is o/li+ations, 4(il/ancor was a/le to ac3$ire t(e 0ro0erty at a 0$/lic a$ction. .(e tenants alle+edly only fo$nd o$t a/o$t t(e mort+a+e seven years after t(e 0$/lic a$ction, w(en t(ey were notified /y 4(il/ancor to vacate t(e lots. .($s, t(ey filed a com0laint for maintenance of 0ossession wit( redem0tion and tenancy ri+(t of 0re)em0tion a+ainst 4(il/ancor and ,iDon wit( t(e 4rovincial A+rarian Reform Ad:$dication >oard <4ARA>=. .(e 4ARA> r$led in favor of t(e tenants and ordered 4(il/ancor to eBec$te t(e necessary Deed of Redem0tion in favor of t(e tenants. .(e DARA> and t(e 7A affirmed t(e decision. A 0arcel of land ori+inally owned /y Adriano Soriano 0assed on to (is (eirs w(o leased t(e same to t(e s0o$ses de 5era for !- years /e+innin+ !9E7 <$ntil !982=. Roman, one

?@N t(e tenants co$ld still eBercise t(eir ri+(t of redem0tion, five years after t(e re+istration of t(e certificate of sale wit( t(e Re+ister of Deeds.

N2. Section !2 of RA 844 0rovides t(at t(e ri+(t of redem0tion may /e eBercised wit(in 2 years from t(e re+istration of t(e sale. .(e redem0tion 0eriod (ad already eB0ired w(en t(e tenants filed t(e com0laint for redem0tion. Nevert(eless, t(e tenants may contin$e in 0ossession and en:oyment of t(e land in 3$estion as le+itimate tenants /eca$se t(e ri+(t of tenancy attac(es to t(e land(oldin+ /y o0eration of law. .(e lease(old relation is not eBtin+$is(ed /y t(e alienation or transfer of t(e le+al 0ossession of t(e land(oldin+.

.(e ri+(t of tenancy attac(es to t(e land(oldin+ /y o0eration of law. .(e lease(old relation is not eBtin+$is(ed /y t(e alienation or transfer of t(e le+al 0ossession of t(e land(oldin+.

,eirs of Roman Soriano v. 7A GR No. !28!77 !- A$+$st 2""! 7nares13antia&o, J.

?@N t(e r$lin+ in t(e land re+istration case in favor of t(e s0o$ses A/alos /ecomes res (u"icata wit( res0ect to t(e sec$rity of ten$re ri+(ts of t(e (eirs of Roman Soriano.

N2. ?(at is in iss$e in t(e land re+istration case was o%nershi . .(e sec$rity of ten$re case /efore t(e DARA> involved t(e iss$e of ossession. 8t is im0ortant to note t(at alt(o$+(

Sec$rity of ten$re is a le+al concession to a+ric$lt$ral lessees w(ic( t(ey val$e as life itself and de0rivation of t(eir land(oldin+s is tantamo$nt to de0rivation of t(eir only means of liveli(ood.

18

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

Adriano6s c(ildren, was to act as careta9er of t(e 0ro0erty d$rin+ t(e 0eriod of t(e lease. ,owever, in !9E8, t(e de 5era s0o$ses o$sted (im from t(e 0ro0erty and a00ointed 8sidro and 5idal 5ersoDa as (is s$/stit$tes. >eca$se of t(is, Roman filed a case for reinstatement and reli3$idation a+ainst t(e de 5era s0o$ses. 2n a00eal to t(e 7A, (e won. 4rior to t(e eBec$tion of t(e 7A6s decision in !972, t(e de 5era s0o$ses and Roman entered into a 0ost)decisional a+reement w(erein t(e s0o$ses allowed Roman to s$/)lease t(e 0ro0erty as an a+ric$lt$ral tenant $ntil t(e termination of t(e lease in !982. .(e said a+reement was a00roved /y t(e a+rarian co$rt. After eBec$tin+ an eBtra:$dicial settlement amon+ t(emselves, Adriano6s (eirs divided t(e 0ro0erty into 2 lots. .(e first was assi+ned to Lo$rdes, 7andido, and t(e (eirs of Dionisia* t(e ot(er was assi+ned to ;rancisca, Li/rada, 1locadio, and Roman. 8n !97!, t(e first lot was sold /y its owners to t(e s0o$ses A/alos, w(ile t(e N of t(e second lot was sold to t(e same s0o$ses /y 1locadio, ;rancisca, and Li/rada. 8n !97E, t(e s0o$ses A/alos filed wit( t(e R.7 of 4an+asinan an a00lication for re+istration of title over t(e lots t(ey /o$+(t from t(e (eirs of Adriano <t(e first one and t(e N 0ro)indiviso s(are of t(e second lot sold to t(em=. .(e a00lication was

t(e s0o$ses A/alos (ave /een declared titled owners of t(e s$/:ect land, t(e eBercise of t(eir ri+(ts of owners(i0 are s$/:ect to limitations t(at may /e im0osed /y law. .(e .enancy Act 0rovides one s$c( limitation. A+ric$lt$ral lessees are entitled to sec$rity of ten$re and t(ey (ave t(e ri+(t to wor9 on t(eir res0ective land(oldin+s once t(e lease(old relations(i0 is esta/lis(ed. ?@N t(e winnin+ 0arty in a land re+istration case can effectively e:ect t(e 0ossessor t(ereof, w(ose sec$rity of ten$re ri+(ts are still 0endin+ determination /efore t(e DARA>. N2. Roman6s stat$s as tenant is yet to /e declared /y DARA>. .(e 0revailin+ 0arty in a land re+istration case cannot /e 0laced in 0ossession of t(e area w(ile it is /ein+ occ$0ied /y once claimin+ to /e an a+ric$lt$ral tenant, 0endin+ a declaration t(at t(e latter6s occ$0ancy was $nlawf$l. .(is is /eca$se if Roman6s claim of 0ossession as a tenant of t(e said 0ro0erty is 0roven, it will entitle (im and (is (eirs to 0rotection a+ainst dis0ossession.

.(e eBercise of owners(i0 yields to t(e eBercise of t(e ri+(ts of an a+ric$lt$ral tenant <as 0rovided for in .(e .enancy Act=. Obiter: Possession an" o%nershi are "istinct !e&a! conce ts. )here is o%nershi %hen a thin& ertainin& to one erson is co# !ete!$ sub(ecte" to his %i!! in a #anner not rohibite" b$ !a% an" consistent %ith the ri&hts of others. O%nershi confers certain ri&hts to the o%ner, a#on& %hich are the ri&ht to en(o$ the thin& o%ne" an" the ri&ht to e+c!u"e other ersons fro# ossession thereof. On the other han", ossession is "efine" as the ho!"in& of a thin& or the en(o$#ent of a ri&ht. 9itera!!$, to ossess #eans to actua!!$ an" h$sica!!$ occu $ a thin& %ith or %ithout ri&ht. Possession #a$ be ha" in t%o %a$s: ossession in the conce t of o%ner an" ossession of a ho!"er. / (u"&#ent for o%nershi "oes not necessari!$ inc!u"e ossession as a necessar$ inci"ent.

19

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

+ranted /y t(e R.7, and affirmed /ot( /y t(e 7A and S7. 8n !98 , Roman, alon+ wit( 1locadio and Li/rada, filed a case a+ainst t(e A/alos s0o$ses for ann$lment of doc$ment and@or redem0tion, owners(i0, and dama+es. 8t was denied /y t(e trial co$rt. 8n !984, or !! years after t(e a00roval of t(e 0ost)decisional a+reement /etween Roman and t(e s0o$ses de 5era, t(e A/alos s0o$ses filed wit( t(e a+rarian co$rt a motion for eBec$tion of t(e said 0ost)decisional a+reement w(ic( allowed Roman Soriano to s$/)lease t(e 0ro0erty. .(e motion 0rayed t(at t(e s0o$ses A/alos /e 0laced in 0ossession of t(e s$/:ect 0ro0erty, :ointly wit( Roman Soriano, and to levy so m$c( of Roman6s 0ro0erty to answer for t(e $se and occ$0ation of Roman of E@7 s(are of t(e 0ro0erty. ?(en Roman died in !98-, (e was s$/stit$ted /y (is (eirs. 8t a00ears t(at in !988, t(e land re+istration co$rt6s decision was 0artially eBec$ted /y 0artitionin+ t(e second lot into twoLone 0art in favor of Roman and t(e ot(er in favor of t(e s0o$ses A/alos. Roman6s (eirs a00ealed to t(e 7A, w(ic( affirmed t(e 0artition /$t reversed t(e order of t(e land re+istration co$rt directin+ t(e iss$ance of a writ of 0ossession /eca$se of t(e 0endency of t(e case instit$ted /y Roman a+ainst t(e A/alos s0o$ses.

2!

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

,ernandeD v. 8A7 GR No. 74 2 2! Se0tem/er !99" 2e"ia!"ea, J.

8n !99 , t(e S7 $ltimately dismissed Roman6s case of ann$lment of doc$ment and@or redem0tion, owners(i0, and dama+es a+ainst t(e A/alos s0o$ses* as well as t(e motion for eBec$tion instit$ted /y t(e A/alos s0o$ses. Roman6s (eirs t(en filed wit( t(e DARA> a com0laint a+ainst t(e A/alos s0o$ses for GSec$rity of .en$re wit( 0rayer for Stat$s O$o 2rder and 4reliminary 8n:$nction.H .(e A/alos s0o$ses, on t(e ot(er (and, in view of t(e S76s dis0osition of t(e case, moved for t(e iss$ance of an alias writ of eBec$tion and@or writ of 0ossession to 0lace t(em in 0ossession of t(e first and N of t(e second lot. .(e trial co$rt (eld t(is case in a/eyance $ntil after DARA> resolves t(e com0laint filed /y Roman6s (eirs. .(e A/alos s0o$ses6 'R was denied /y t(e trial co$rt, and on a00eal, t(e 7A reversed t(e R.7, orderin+ t(e iss$ance of t(e writ of 0ossession in favor of t(e A/alos s0o$ses. .(e s0o$ses .olentino owned a 0arcel of cocon$t land. .(ey (ad 0ersons livin+ on t(e said land, w(o cleaned and cleared certain 0ortions of t(e 0lantation for t(e 0$r0ose of im0rovin+ t(e (arvest, were identified as G/antayH or watc(ers over t(e 0ro0erty and entitled to !@E s(are in t(e (arvest. .(eir (o$ses were /$ilt in a cl$ster inside t(e 0ro0erty.

?@N t(e watc(ers co$ld /e considered as a+ric$lt$ral tenants.

A1S. .(e watc(ers (ave /een in contin$o$s, $ninterr$0ted 0(ysical 0ossession of t(eir res0ective areas in t(e land(oldin+, w(ic( t(ey (ave cleaned and cleared for t(e 0$r0ose of im0rovin+ t(e (arvests* t(ey (ave lived in t(e land(oldin+ and constr$cted t(eir (o$ses t(ereon* t(ey were 0aid in an amo$nt e3$ivalent to !@E of t(e (arvest d$rin+ t(e owners(i0 of t(e .olentino s0o$ses, and

?(ere a 0erson c$ltivates t(e land and does not receive salaries /$t a s(are in t(e 0rod$ce or t(e cas( e3$ivalent of (is s(are in l$m0, t(e relations(i0 is one of tenancy and not em0loyment. An im0ortant criterion in determinin+ w(et(er t(e relations(i0 is one of s(are tenancy is c$ltivation. .(e definition of c$ltivation is

21

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

S$/se3$ently, SAL1S, 8nc. was a/le to ac3$ire t(e land. 8ts 0ossession was relin3$is(ed to ?enceslao ,ernandeD $nder a civil law lease. .(e watc(ers6 0ay was red$ced to !@7 of t(e (arvest. ,owever, from !98" to !98 , t(ey were not 0aid t(eir s(ares. SAL1S, 8nc. averred t(at t(e watc(ers (ad /een e:ected from t(e land even /efore it ac3$ired t(e same* t($s, t(ey did not (ave a ri+(t to a s(are of t(e (arvests, since t(ey were not tenants. 8t also claimed t(at $nder t(e lease a+reement, ,ernandeD was for/idden to ta9e any tenants, and t(at t(ese watc(ers were only s$/se3$ently (ired as wa+e la/orers to do t(e 0ic9in+, +at(erin+, and (a$lin+ of coco$n$ts. .(e co$rt r$led in favor of t(e watc(ers, and declared t(em as tenants of SAL1S, 8nc. and ?enceslao ,ernandeD. .(e latter were also ordered to 0ay t(e former t(eir $n0aid s(ares in t(e (arvest. .(e 7A affirmed.

t(en later, !@7 d$rin+ t(e 0eriod of ?enceslao6s lease. .(eir stat$s as tenants /ased on t(e fore+oin+ cannot /e +ainsaid. ?(ere t(ey c$ltivated t(e land and did not receive salaries /$t a s(are in t(e 0rod$ce or t(e cas( e3$ivalent of (is s(are in l$m0, t(e relations(i0 is one of tenancy and not em0loyment. .(e fact t(at t(ey (ave ($ts erected on t(e land(oldin+s s(ows t(ey are tenants.

not limited merely to t(e tillin+, 0lowin+ or (arrowin+ of t(e land. 8t incl$des t(e 0romotion of +rowt( and t(e care of t(e 0lants, or ($s/andin+ t(e +ro$nd to forward t(e 0rod$cts of t(e eart( /y +eneral ind$stry. 8t may /e said t(at t(e careta9er of an a+ric$lt$ral land can also /e considered t(e c$ltivator of t(e land. RA 844 a/olis(ed and o$tlawed s(are tenancy and 0$t in its stead t(e a+ric$lt$ral lease(old system. RA E 89 s$/se3$ently declared t(at s(are tenancy was contrary to 0$/lic 0olicy. Alt(o$+( s(are tenancy was stat$torily a/olis(ed, lease(old tenancy for cocon$t and s$+ar lands (as not yet /een im0lemented. .(e 0olicy ma9ers of +overnment are still st$dyin+ t(e feasi/ility of its a00lication and t(e conse3$ences of its im0lementation. Nonet(eless, t(is did not end t(e ri+(ts of s(are tenants in t(ese ty0es of lands. .(e event$al +oal of le+islation of (avin+ stron+ and inde0endent farmers wor9in+ on lands w(ic( t(ey own remains. .(e ri+(t to (ire a tenant is /asically a 0ersonal ri+(t of a landowner, eBce0t as may /e 0rovided /y law. 8n(erent in t(e ri+(t of land(olders to install a tenant is t(eir a$t(ority to do so* ot(erwise, wit(o$t s$c( a$t(ority, civil law lessees as land(olders cannot install a tenant on t(e land(oldin+.

5alencia v. 7A GR No. !22 E 29 A0ril 2"" 4e!!osi!!o, J.

?(en 5ictor 5alencia ac3$ired two 0arcels of land, (e entered into civil law leases wit( Glicerio ,enson and ;r. Andres ;lores. ,enson instit$ted 7rescenciano and 'arciano ;rias to wor9 on t(e 0ro0erty* w(ile ;r. ;lores a00ointed t(e ;riases, 0l$s some ot(ers, as farm(ands. ,owever, in ;r. ;lores6 lease

7an a contract of civil law lease 0ro(i/it a civil law lessee from em0loyin+ a tenant on t(e land s$/:ect matter of t(e lease a+reementP

A1S. Sec. E of RA 844 does not a$tomatically a$t(oriDe a civil law lessee to em0loy a tenant wit(o$t t(e consent of t(e landowner. .(e lessee m$st /e so s0ecifically a$t(oriDed. A different inter0retation wo$ld /e most $nfair to t(e (a0less and $ns$s0ectin+ landowner w(o entered into a civil law lease

22

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

contract, t(ere was a sti0$lation t(at (e was 0ro(i/ited from installin+ a lease(old tenant t(ereon. No s$c( 0ro(i/ition eBisted in ,enson6s contract. ?(en ;r. ;lores6 lease 0eriod eB0ired, 5alencia ordered (is farm(ands to vacate t(e lot. .(e farm(ands ref$sed to do so, and act$ally even sec$red 7L.s over t(e land in t(eir names. 7atalino 'antac, one of t(e farm(ands, s$/se3$ently entered into a lease(old contract $nderta9in+ to (ave a 0rofit)s(arin+ a+reement wit( 5alencia. After !2 years, DAR investi+ated t(e matter and fo$nd t(at t(e ri+(t of t(e farm(ands to t(e land ceased $0on t(e termination of t(e lease contracts, eBce0t as re+ards to 'antac, wit( w(om 5alencia entered into a tenancy a+reement. As s$c(, it was recommended t(at t(e 7L.s +iven to t(e ot(er farm(ands /e cancelled. ,owever, t(e Re+ional 2ffice disre+arded t(e investi+ation re0ort and r$led t(at t(e farm(ands (ad a ri+(t to contin$e on t(e land $ntil ot(erwise ordered /y t(e co$rt. 2n a00eal to t(e 2ffice of t(e 4resident, t(en 1Bec. Sec. .eofisto G$in+ona $0(eld t(e r$lin+ of t(e DAR, wit( t(e modification t(at t(e area ac3$ired /y 5alencia as (omestead /e eBcl$ded from t(e covera+e of 4D 27. 5alencia t(en a00ealed to t(e

a+reement in +ood fait( only to realiDe later on t(at (e can no lon+er re+ain 0ossession of (is 0ro0erty d$e to t(e installation of a tenant /y t(e civil law lessee. 2n t(e ot(er (and, $nder t(e eB0ress 0rovision of Art. !E49 of t(e 7ivil 7ode, t(e lessee cannot assi+n t(e lease wit(o$t t(e consent of t(e lessor, $nless t(ere is a sti0$lation to t(e contrary. 8n t(e case /efore $s, not only is t(ere no sti0$lation to t(e contrary* t(e lessee is eB0ressly 0ro(i/ited from s$/leasin+ or enc$m/erin+ t(e land, w(ic( incl$des installin+ a lease(old tenant t(ereon since t(e ri+(t to do so is an attri/$te of owners(i0.

.enancy relations(i0 (as /een (eld to /e of a 0ersonal c(aracter. Deforciants cannot install lawf$l tenants w(o are entitled to sec$rity of ten$re. A contract of civil law lease can 0ro(i/it a civil law lessee from em0loyin+ a tenant on t(e land s$/:ect matter of t(e lease a+reement. 1ssential re3$isites of a tenancy relations(i0% <!= .(e 0arties are t(e landowner and t(e tenant* <2= .(e s$/:ect is a+ric$lt$ral land* < = .(ere is consent* <4= .(e 0$r0ose is a+ric$lt$ral 0rod$ction* <-= .(ere is 0ersonal c$ltivation* and "6# .(ere is s(arin+ of (arvests /etween t(e 0arties. An alle+ation t(at an a+ric$lt$ral tenant tilled t(e land in 3$estion does not ma9e t(e case an a+rarian dis0$te. 7laims t(at one is a tenant do not a$tomatically +ive rise to sec$rity of ten$re. .(e elements of tenancy m$st first /e 0roved in order to entitle t(e claimant to sec$rity of ten$re. .(e 0rinci0al factor in determinin+ w(et(er a tenancy relations(i0 eBists is intent.

23

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

7A contendin+ t(at t(e 1Bec. Sec. erred in reco+niDin+ t(e farm(ands as tenants, and disallowin+ (im and (is 7 com0$lsory (eirs from eBercisin+ t(eir ri+(t of retention $nder RA EE-7. ,owever, t(e 7A dismissed t(e case.

.enancy is not a 0$rely fact$al relations(i0 de0endent on w(at t(e alle+ed tenant does $0on t(e land. 8t is also a le+al relations(i0. .(e sec$rity of ten$re +$aranteed /y o$r tenancy laws may /e invo9ed only /y tenants "e (ure, not /y t(ose w(o are not tr$e and lawf$l tenants. .(e act of s$/lettin+ to t(ird 0ersons eBtin+$is(es t(e a+ric$lt$ral lease(old relations, as t(is constit$tes an a/andonment of t(e land(oldin+ d$e to a/sence of 0ersonal c$ltivation. Obiter: 3ocia! (ustice is for the "eser'in&, %hether he be a #i!!ionaire in his #ansion or a au er in his ho'e!. -t is ne'er (ustifie" to &i'e reference to the oor si# !$ because the$ are oor, or re(ect the rich si# !$ because the$ are rich, for (ustice #ust a!%a$s be ser'e" for the oor an" the rich a!i.e accor"in& to the #an"ate of !a%. -nter retare et concor"are !e&es !e&ibus est o ti#us inter retan"i #o"us. : -nter retin& an" har#onizin& !a%s %ith !a%s is the best #etho" of inter retation. 1ssential re3$isites of a tenancy relations(i0% <7= .(e 0arties are t(e landowner and t(e tenant* <8= .(e s$/:ect is

7a/alles v. DAR GR No. 782!4 - Decem/er !988 3ar#iento, J.

Andrea 'illenes allowed >ienvenido A/a:on to constr$ct a (o$se on a 0ortion of (er land(oldin+, 0ayin+ a mont(ly rental of 42."". 'illenes li9ewise allowed A/a:on to 0lant

?@N A/a:on is an a+ric$lt$ral tenant.

N2. .o invest A/a:on wit( t(e stat$s of a tenant is 0re0ostero$s. ,e only occ$0ied a minisc$le 0ortion <E"m2= of a -""m2 lot, w(ic( cannot /y any stretc( of ima+ination /e considered as an

24

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

a 0ortion of t(e land, a+reein+ t(at t(e 0rod$ce t(ereof wo$ld /e s(ared /y /ot( on a -")-" /asis. ?(en 'illenes sold (er land to t(e s0o$ses Art$ro and Aolanda 7a/alles, t(e s0o$ses told A/a:on t(at t(ey intended to /$ild a 0o$ltry close to (is (o$se and 0ers$aded (im to transfer (is dwellin+ to anot(er 0ortion of t(e land(oldin+. A/a:on ref$sed to leave, even after confrontation /efore t(e >aran+ay 7a0tain of t(e locality. S$/se3$ently, Aolanda filed a criminal case a+ainst A/a:on for malicio$s misc(ief for (arvestin+ /ananas and :ac9fr$it from t(eir 0ro0erty wit(o$t (er 9nowled+e. All t(e 0lantin+ on t(e 0ro0erty (owever, (ad /een done /y A/a:on. .(e trial co$rt ordered t(e referral of t(e case to t(e 'inistry of A+rarian Reform for a 0reliminary determination of t(e relations(i0 /etween t(e 0arties. .(e 'inistry r$led t(at a tenancy relations(i0 eBisted /etween t(e 0arties, and, as s$c(, t(e case is not 0ro0er for (earin+. 2n a00eal, t(e DAR <t(e new 'AR= reversed t(e findin+s and declared t(at t(e case was 0ro0er for trial as t(e land involved was residential. .(e new minister of t(e DAR, (owever, set aside t(e said order and declared t(at t(e criminal case was not 0ro0er for trial, as t(ere was an eBistin+ tenancy relations(i0 /etween t(e

economic family)siDed farm. 4lantin+ camote, /ananas, and corn on s$c( a siDe of land cannot 0rod$ce an income s$fficient to 0rovide a modest standard of livin+ to meet t(e farm family6s /asic needs. .($s, t(e order so$+(t to /e reviewed is 0atently contrary to t(e declared 0olicy of RA 844. 'oreover, t(ere eBists no tenancy relations(i0 /etween t(e 0arties /eca$se A/a:on6s stat$s is more of a careta9er w(o was allowed /y t(e owner o$t of /enevolence or com0assion to live in t(e 0remises and to (ave a +arden of some sort. A+ric$lt$ral 0rod$ction as t(e 0rimary 0$r0ose /ein+ a/sent in t(e arran+ement, it is clear t(at A/a:on was never a tenant of 'illenes.

a+ric$lt$ral land* <9= .(ere is consent* <!"= .(e 0$r0ose is a+ric$lt$ral 0rod$ction* <!!= .(ere is 0ersonal c$ltivation* and <!2= .(ere is s(arin+ of (arvests. Fnless a 0erson (as esta/lis(ed (is stat$s as a de :$re tenant, (e is not entitled to sec$rity of ten$re nor is (e covered /y t(e Land Reform 4ro+ram of t(e Government $nder eBistin+ laws. .enancy stat$s arises only if an occ$0ant of a 0arcel of land (as /een +iven its 0ossession for t(e 0rimary 0$r0ose of a+ric$lt$ral 0rod$ction. Obiter: -f (ustice can be #ete" out no%, %h$ %ait for it to "ro &ent!$ fro# hea'en;

25

Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

0arties.

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