G.R. No. 78517 February 27, 1989 GABINO ALITA, ALITA, JESUS JULIAN, JR., JESUS JULIAN, JULI AN, SR., PERO RI!ALE, "I!ENTE RI!ALE a#$ ROLANO SALA%AR, petitioners, vs. T&E &ONORABLE !OURT OF APPEALS, ENRI'UE %. RE(ES, PA) %. RE(ES a#$ FE %. RE(ES, respondents
The The Reyese Reyeses s acqui acquire red d two two parce parcels ls of land land in Zambo Zamboan anga ga del del Sur Sur throu through gh their their predecessors-in predecessors-in-interest -interest who were originally granted homestead patents. They desired to cultivate these lands personally, but Alita et.al. refused to vacate, relying on the provisions of the agrarian reform law bac then, !" #$. Thus, the Reyeses filed a complaint against the %inister of Agrarian Reform, the %AR Regional "irector, and Alita et. al. for the declar declaratio ation n of !" #$ and appurtena appurtenant nt regulat regulations ions as inapplic inapplicable able to homestead lands. The The &A declar declared ed that that !" #$ is inap inappli plica cable ble to homes homeste tead ad'' that that the the Reyese Reyeses s will will cultivate their farmholding as owners thereof' and e(ectment of the so-called tenants Alita et. al. )SS*+ Should agrarian reform under !" #$ be applicable to homestead lands +/" 0o. The contention that !" #$ decreeing the emancipation of tenants from the bondage of the soil and transferring to them ownership of the land they till is a sweeping social legislation legislation &A001T 2+ )0314+" to defeat the very purpose of the !ublic /and Act 5&A 6768. The omestead Act has been enacted for the welfare and protection of the poor. The law gives a needy citi9en a piece of land where he may build a modest house for himself and family and plant what is necessary for subsistence and for the satisfaction of life:s other needs. The right of the citi9ens to their homes and to the things necessary for their subsistence is as vital as the right to life itself. They have a right to live with a certain degree of comfort as become human beings, and the State which loos after the welfare of the people:s happiness is under a duty to safeguard the satisfaction of this vital right.
Section Section ;. The State shall apply apply the principles principles of agraria agrarian n reform reform or stewards stewardship, hip, whenever applicable in accordance with law, in the disposition or utili9ation of other natural resources, including lands of public domain under lease or concession suitable to agriculture, sub(ect to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. 0ota 2ene, Sec. ; of &AR/ provides that
Homestead Patent is
one issued to: any citizen of this country; over the age of 18 years or the head of a family; who is not the owner of more than twenty-four (24) hectares of land in the Philiines or has not had the !ene"t of any gratuitous allotment of more than twenty- four (24) hectares of land since the occuation of the Philiines !y the #nited $tates% &he alicant must show that he has comlied with the residence and cultivation re'uirements of the law; must have resided continuously for at least one year in the municiality where the land is situated; and must have cultivated at least one-"fth of the land alied for%
