FELICIDAD STA. MARIA VILLARAN, WILFREDO STA. MARIA VILLARAN, DEOGRACIAS STA. MARIA AND ROLANDO STA. MARIA, Petitioners, v. DEPARTMENT OF AGRARIAN REFORM AND ADJUDICATION BOARD n! LOREN"O MARIANO, Res#on!ents. J. Peralta March7,2012 No.160882 Doctrine
ummar*
:acts
Rule 43 is the correct mode of appeal from rulins of !uasi" #udicial $odies to the %ourt of &ppeals' e(ception to the rule on dismissal of petition )hen )ron remed* is a+ailed of arises onl* )hen pu$lic )elfare and the ad+ancement of pu$lic polic* dictates' or )hen the $roader interest of #ustice so re!uires' or )hen the )rits issued are null and +oid' or )hen the !uestioned order amounts to an oppressi+e e(ercise of #udicial authorit* -oreno Mariano /led $efore the D&R& a petition for the dis!uali/cation of peti tioners as farmer" $ene/ciaries for the cancellation of the pertinent emancipation patents and transfer certi/cates of title issued to and ernardo ta. Maria. Reional &d#udicatorD&R& n fa+or of -oreno Mariano. %& etition for certiorari /led $* dismissed. 5he correct remed* from an ad+erse decision of the D&R& is an appeal $* petition for re+ie) under Rule 43. etitioners D&R& committed &D&- )hen it too9 coniance of the non"ararian dispute )here the disputants are ararian reform $ene/ciaries and a mere usurper or s!uatter. % &rarian dispute. ernardo had +iolated the terms of his land rant )hen he emplo*ed su$"tenants in the culti+ation of the su$#ect landholdin. * +irtue of .D. No. 27, ernardo ta. Maria ;tenant"tiller in
73 co+erin the three parcels of riceland su$#ect of this case. ;8> that R -oreno Mariano had entered the su$#ect propert* follo)in the death of ernardo, culti+ated the same and appropriated the har+est all to himself. 5he* admit that in the inter+enin period, the* had left the su$#ects lands •
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idle $ecause of lac9 of enouh rainfall that season. R ntr* )as not illeal. >0 %on?ict )as $rouht to the Barangay &rarian Reform %ommittee ;&R%=. No compromise reached. &R% referred the matter to the Municipal &rarian Reform @Ace ;M&R@=. No conciliation reached. formall* demanded that R +acate the su$#ect propert*. o 1>>0 had instituted an action for forci$le entr*unla)ful detainer aainst R in+ol+in the su$#ect propert*. 5he case, ho)e+er, had $een dismissed $ecause it )as /led $e*ond the relementar* period, as )ell as on round of forum shoppin in +ie) of the then pendenc* of the dispute )ith the M&R@. appealed to the R5% and then to the %& )hich $oth rendered a dismissal for lac9 of merit. 5he dismissal had attained /nalit*. o 1>>3 had /led a complaint for reco+er* of possession aainst R respectin the su$#ect properties. n these cases, uniforml* characteried R as a mere usurper or s!uatter )ho, $* strate* and stealth and $* ta9in ad+antae of the supposed illiterac* of their predecessor, succeeded in ta9in possession of the su$#ect propert*. o 1>>8 had instituted a complaint at the pro+incial prosecution oAce ascri$in criminal to respondent also relati+e su$#ect farmlands. 1>>B R trespass /led $efore the D&R& a petition for to thethe dis!uali/cation of as farmer"$ene/ciaries and for the cancellation of the pertinent emancipation patents and transfer certi/cates of title issued to ernardo. o R u$"tenanc* in his fa+or )hich had $eun in 1>80 until ernardoCs death in 1>88. &s aArmed $* the &R%, he had durin that period e+en underta9en to deli+er crop remittances to ernardo. &fter ernardoCs death, had left the lands sittin idle. mo+ed for dismissal of the petition. o R had on se+eral occasions $een merel* hired $* their late father to haul and spread seedlins on the su$#ect propert*. 5he* had left the lands idle due to the une(pected lac9 of rain durin the plantin season. R had entered the su$#ect propert* $* stealth and strate* and culti+ated the same for his e(clusi+e $ene/t. Reul ar courts, not the D&R&, )hich had #urisdiction o+er the instant dispute inasmu ch as R )as a mere s!uatter or usurper. Reional &d#udicator n fa+or of R. o Directin the Reister of Deeds to cancel 5%5s reistered in the name of ernardo. o Directin the local M&R@ ;Municipal &rarian Reform @Acer= and &R@ ;ro+incial &rarian Reform @Acer= of Rial to reallocate lots to other !uali/ed $ene/ciaries. o Maintainin R in the peaceful possession and culti+ation of the su$#ect premises as a
!uali/ed potential D 27 $ene/ciar*. n#oinin from distur$in R peaceful possession and culti+ation. D&R& &Armed. MR denied. etition for Certiorari under Rule 6B to %&. o D&R& in this case had e(hi$ited a )ant or e(cess of #urisdiction, /rst, in entertainin the instant suit in+ol+in a s!uatter on one hand and ararian reform $ene/ciaries on the other' and, second, in aArmin a +oid decision that had $een promulated in +iolation of the due process clause. %& etition dismissed. MR denied. o 5he correct remed* from an ad+erse decision of the D&R& is an appeal $* petition for re+ie), not a petition for certiorari. o Dispute arose from the supposed tenanc* relationship )hich e(isted $et)een ernardo and R, hence, it came under the competence of the D&R& to resol+e. etition for Re+ie) under Rule 4B to %. % etition unmeritorious. WON P resorte! to t$e %ron& 'o!e o( ##e) *+ )in& R-)e / #etition (ro' t$e DARAB !e0ision 12ES. should ha+e /led a petition for re+ie) under Rule 43. hile the rule that a petition for certiorari is dismissi$le )hen a+ailed of as a )ron remed* is not in?e(i$le and admits of e(ceptions such as )hen pu$lic )elfare and the ad+ancement of pu$lic polic* dictates' or )hen the $roader interest of #ustice so re!uires' or )hen the )rits issued are null and +oid' or )hen the !uestioned order amounts 3 to an oppressi+e e(ercise of #udicial authorit*, none of these e(ceptions o$tains here. ection 60 of R.&. No. 66B7 clearl* states that the modalit* of recourse from decisions or orders of the then special ararian courts is $* petition for re+ie). n turn, ection 61 of the la) mandates that #udicial re+ie) of said orders or decisions are o+erned $* the Rules of %ourt. o ection 60 thereof is to $e read in relation to R.&. No. 7>02, )hic h e(panded the #urisdiction of the %& to include e(clusi+e appellate #urisdiction o+er all /nal #udments, decisions, resolutions, orders or a)ards of Reional 5rial %ourts and !uasi"#udicial aencies, instrumentalities, $oards or commissions. o @n this $asis, the % issued %ircular No. 1">B o+ernin appeals from all !uasi"#udicial $odies to the %& $* petition for re+ie) reardless of the nature of the !uestion raised. 0, moreo+er, an appeal ta9en to the % or the %& $* a )ron or inappropriate mode )arrants a dismissal. & certiorari petition is the proper relief inasmuch as the D&R& alleedl* has ra+el* a$used its discretion amountin to lac9 of #urisdiction )hen it too9 coniance of the non"ararian dispute )here the disputants are ararian reform $ene/ciaries and a mere usurper or s!uatter. Tr-e nt-re o( t$e 0 se4 AGRARIAN DISPUTE 5he /ndins contained in the &R% Report indisputa$l* place the present contro+ers* )ithin the class of disputes o+er )hich the D&R e(ercises primar* #urisdiction. &rarian disputes refers to an* contro+ers* relatin to, inter alia, tenanc* o+er lands de+oted to ariculture. BARC Re#ort R has alread* souht +alidation of his rihts as ernardoCs su$"tenant. ini/cantl*, the committee aArmed that e+en durin ernar doCs lifetime and prior to the issuance of the emancipation patents and 5%5s in his name, he had alread* committed se+eral +iolations of the terms of his certi/cates of land a)ard and of the pro+isions of .D. No. 27. o 5hese +iolations include his entrustin his landholdin, $et)een 1>74 until 1>88, to the a$le hands of se+eral su$"tenants )ho undertoo9 to personall* and actuall* culti+ate the propert* and o$lied themsel+es to deli+er crop remittances to him. o 5he propert* had outstandin ta( o$liations in fa+or of the local o+ernment for )hich $oth ernardo and as his heirs should $e held responsi$le. o :or more than ten ;10= *ears or the period durin )hich ernardoCs landholdins )ere $ein farmed $* his o)n tenants none of herein had manif ested to the ararian department their intention to ta9e on and continue carr*in out the o$liations attachin to the land rant. &ccordinl*, the &R% recommended the cancellation of mancipation atent Nos. &"03B68B, &" 03B687 and &"03B1B> in the name of ernardo, in accordance )ith the pro+isions of .D. No. 27. t declared un!uali/ed to $ecome ararian reform $ene/ciaries for failure to sinif* their intent to step into the shoes of their predecessor. t )as also recommended that R, )ho has $een • •
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actuall* tillin the lots co+ered $* the su$#ect emancipation patents and 5%5s, $e allo)ed to carr* on the rihts and o$liations of ernardo. Re)+in& on t$e BARCs n!in&s, t$e Re&ion) A!5-!i0tor note! t$t, in!ee!, Bernr!o $! vio)te! t$e ter's o( $is )n! &rnt %$en $e e'#)o+e! s-*6tennts in t$e 0-)tivtion o( t$e s-*5e0t )n!$o)!in& !ire0t 0ontrvention o( t$e #ro$i*itions instit-te! in Se0tion 78 o( R.A. No. 9:;; n! in Se0tion 7;<7= o( R.A. No. >>??, s 'en!e!. 5hese t)o pro+isions prohi$it an aricultural lessee or tenant from, amon others, emplo*in a lessee on the landholdin e(cept in case of illness or incapacit* )here la$orers ma* $e emplo*ed $ut )hose ser+ices shall $e on his account. R )as onl* amon other third parties in fa+or of )hom the usufructuar* rih ts o+er the landholdin had $een surrendered $* ernardo' and that since R )as the last su$"tenant to ta9e •
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possession landholdin in the seriesinof relin!uishments made $* ernardo issuance of of histhe certi/cates of land transfer 1>73, it )as deemed proper to protectfollo)in R securit*the of tenure on the su$#ect propert*. 5hese /ndins ha+e $een aArmed in the ordinar* course $* $oth the D&R& and the %ourt of &ppeals and, hence, are no loner $ound to $e ree+aluated $* this %ourt. :or, in a petition for re+ie) on certiorari under Rule 4B of the Rules of %ourt, onl* !uestions of la) ma* $e raised.
WON P $! *een !enie! !-e #ro0ess 1NO3 n administrati+e proceedins, a fair and reasona$le opportunit* to e(plain ones side suAces to meet the re!uirements of due process. o 5he essence of procedural due process is em$odied in the $asic re!uirement of notice and a real opportunit* to $e heard. %& :rom the proceedins $efore the &R% up to the D&R&, )ere i+en all notices and chances to su$mit all necessar* or re!uired pleadins. :rom the Reional &d#udicator, the* appealed to the D&R& and thereafter /led a Motion for Reconsideration. &ll these sho) that the* )ere i+en •
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ample opportunit* to present their side.
etition DND. %& &::RMD. repared $* -esle* %ostales F%i+pro G %ruH
