EN BANC
G.R. No. 186432, March 12, 2019
THE HONORABLE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM, THE DAR REGIONAL DIRECTOR, REGION VIII, THE PROVINCIAL AGRARIAN REFORM OFFICER OF PROVINCE OF LEYTE, MUNICIPAL AGRARIAN REFORM OFFICER OF TABANGO, LEYTE, THE REGISTER OF DEEDS OF LEYTE, PETITIONERS, v. HEIRS OF REDEMPTOR AND ELISA ABUCAY, NAMELY: RENA B. ABUCAY, RHEA B. ABUCAY BEDUYA, RIS B. ABUCAY BUANTE, ELVER B. ABUCAY, REDELISA ABUCAY-AGUSTIN, RHOTA B. ABUCAY, HEREIN REPRESENTED BY ATTORNEY-IN-FACT RENA B. ABUCAY, RESPONDENTS.
G.R. No. 186964, March 12, 2019
THE HONORABLE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM, THE DAR REGIONAL DIRECTOR, REGION VIII, THE PROVINCIAL AGRARIAN REFORM OFFICER, PROVINCE OF LEYTE, PETITIONERS, v. HEIRS OF REDEMPTOR AND ELISA ABUCAY, NAMELY: RENA B. ABUCAY, RHEA B. ABUCAYBEDUYA, RIS B. ABUCAY-BUANTE, ELVER B. ABUCAY, REDELISA ABUCAY-AGUSTIN, RHOTA B. ABUCAY, RESPONDENTS.
D E C I S I O N
LEONEN, J.:
The jurisdiction over the administrative implementation of agrarian laws exclusively belongs to the Department of Agrarian Reform Secretary. This is true even if the dispute involves the cancellation of registered emancipation patents and certificates of title, which, before Republic Act No. 9700 amended Republic Act No. 6657 or the Comprehensive Agrarian Reform Law, was cognizable by the Department of Agrarian Reform Adjudication Board.
This resolves the consolidated1 Petitions for Review on Certiorari separately filed by the Department of Agrarian Reform Regional Director for Region VIII2 and the Provincial Agrarian Reform Officer of Leyte,3 both assailing the Court of Appeals September 26, 2008 Decision4 and January 30, 2009 Resolution5 in CA-G.R. CEB-SP No. 02637. The Court of Appeals reversed and set aside the May 10, 2006 Decision6 of the Department of Agrarian Reform Adjudication Board and reinstated the June 16, 2005 Decision7 of the Regional Agrarian Reform Adjudicator for Region VIII, which voided the emancipation patents issued to the farmer-beneficiaries in this case.
On October 14, 1983, the Spouses Redemptor and Elisa Abucay (Spouses Abucay) purchased8 a 182-hectare parcel of land from Guadalupe Cabahug (Cabahug). The property is located in Leyte and is covered by Transfer Certificate of Title No. T-9814.9 The Deed of Absolute Sale provided that the property "consists of various classifications, and is untenanted except for 39.459 hectares, and per certification of the Agrarian Reform Team No. 08-28-231 appears to be within the coverage of Operation Land Transfer as to the tenanted area of over 39 hectares."10
Sometime in 1986, 22.8409 hectares of the lot were declared covered under the Operation Land Transfer Program pursuant to Presidential Decree No. 27.11 Emancipation patents were then issued to the farmer-beneficiaries.12 Later, the Register of Deeds issued original certificates of title in their names.13
On June 28, 2002, Rena B. Abucay, Rhea B. Abucay-Beduya, Ris B. Abucay-Buante, Elver B. Abucay, Redelisa Abucay-Agustin, and Rhota B. Abucay (collectively, the Heirs of Spouses Abucay) filed before the Regional Agrarian Reform Adjudicator a Complaint14 for the proper determination of just compensation.
The Heirs of Spouses Abucay alleged that they inherited the 182-hectare property upon their parents' death and enjoyed its ownership and possession. They claimed that they did not receive any just compensation for the 22 hectares of the property that was placed under the Operation Land Transfer Program. The Certificate of Deposit worth P103,046.47-issued in 2001 by the Land Bank of the Philippines as compensation-was not only inadequate, but was also issued to Cabahug, the property's previous owner.15 Thus, they prayed, among others, that they be paid P2,000,000.00 as just compensation.16
In his March 8, 2004 Decision,17 Regional Agrarian Reform Adjudicator Felixberto M. Diloy (Regional Adjudicator Diloy) held that there was no proper valuation of the property to determine just compensation. He found that the Final Notification Letter was not sent to the property's then registered owner, Cabahug, but to her father, the deceased Sotero Cabahug. Thus, administrative due process was not followed, which nullified the coverage of the 22-hectare property under the Operation Land Transfer program.18 Regional Adjudicator Diloy declared the emancipation patents issued to the farmer-beneficiaries void.19
The dispositive portion of the Decision read:
WHEREFORE, premises considered, judgment 1s hereby ordered[:]Following this, the Heirs of Spouses Abucay filed another Complaint21 dated April 26, 2004 for the cancellation of original certificates of title and emancipation patents. This time, they also impleaded the farmer-beneficiaries as respondents.22
1. NULLIFYING the coverage of the subject landholding in the name of Guadalupe Cabahug for lack of administrative due process;
2. DIRECTING the PARO of Leyte thru the MARO of Tabango, Leyte to effect the coverage of the property in question under P.D. No. 27/R.A. 6657 thru the herein complainants who are subrogated to the rights of their deceased parents and the original owner, Guadalupe Cabahug[;]
3. DECLARING the Original Certificates of Title/Emancipation Patents issued to the following farmer-beneficiaries of the subject landholding null and void, . . .
. . . .
with the further advi[c]e to parties to file the necessary petition for the cancellation of the said titles.
SO ORDERED.20
WHEREFORE, premises considered, judgment is hereby rendered,In its May 10, 2006 Decision,25 the Department of Agrarian Reform Adjudication Board reversed Regional Adjudicator Diloy's June 16, 2005 Decision and declared itself wanting of jurisdiction over the appeal.26 It found that the nature of the action filed by the Heirs of Spouses Abucay was an Operation Land Transfer protest,27 an agrarian law implementation case under the primary jurisdiction of the Regional Director28 of the Department of Agrarian Reform and the consequent appeal, to the Department of Agrarian Reform Secretary.29
1. Declaring the following OCTs/EPs issued to private respondents [farmer-beneficiaries] null and void and without force and effect:
. . . .
2. Ordering the Register of Deeds for Leyte to effect the said cancellation of the aforementioned titles issued to private respondents;
3. Ordering the private respondents to return the owners duplicate of titles to the MARO of Tabango, Leyte;
4. In the meantime that the correct titles ([T]ransfer Certificate of Titles) (sic) are not yet issued, private respondents are ordered to pay the corresponding rentals to complainants subject however to the provision of E.O. No. 328 and other applicable agrarian laws and rules.
SO ORDERED.24
WHEREFORE, premises considered[,] the assailed decision dated 16 June 2005 is hereby REVERSED and SET ASIDE [and] a new judgment is hereby issued DISMISSING the instant complaint for lack of merit and for lack of jurisdiction without prejudice.The Heirs of Spouses Abucay filed a Motion for Reconsideration, which the Department of Agrarian Reform Adjudication Board denied in its February 27, 2007 Resolution.32
SO ORDERED.31 (Emphasis in the original)
WHEREFORE, the Decision dated May 10, 2006 and the Resolution dated February 27, 2007 of the Department of Agrarian Reform Adjudication Board (DARAB), in DARAB Case No. 13978 are REVERSED and SET ASIDE. The Decision dated June 16, 2005 of the Regional Adjudicator is REINSTATED. Accordingly, the OLT coverage of petitioners' property and the corresponding emancipation patents and original certificates of title issued relative thereto are declared NULL AND VOID. No costs.SO ORDERED.41 (Citations omitted)
However, it is "not sufficient that the controversy [simply] involves the cancellation of a [certificate of land ownership award] already registered with the Land Registration Authority. What is of primordial consideration is the existence of an agrarian dispute between the parties."67 Section 3(d) of the Comprehensive Agrarian Reform Law defines agrarian dispute as those relating to tenurial arrangements, including leasehold and tenancy. Thus:RULE II
Jurisdiction of the Board and its Adjudicators
SECTION 1. Primary and Exclusive Original Jurisdiction. -The Adjudicator shall have primary and exclusive original jurisdiction to determine and adjudicate the following cases:
. . . .
1.6 Those involving the correction, partition, cancellation, secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs) and Emancipation Patents (EPs) which are registered with the Land Registration Authority[;]
. . . .
SECTION 2. Appellate Jurisdiction of the Board. - The Board shall have exclusive appellate jurisdiction to review, reverse, modify, alter, or affirm resolutions, orders, and decisions of its Adjudicators.
No order of the Adjudicators on any issue, question, matter, or incident raised before them shall be elevated to the Board until the hearing shall have been terminated and the case decided on the merits.
SECTION 3. Definitions. - For the purpose of this Act, unless the context indicates otherwise:Indeed, the emancipation patents involved here have already been registered with the Land Registration Authority, and the grant of the Complaint filed by respondents will result in the cancellation of these registered emancipation patents. Nonetheless, respondents primarily assailed in their Complaint the land coverage under the Operation Land Transfer Program because the original owner, Cabahug, had not been properly notified of it. Specifically, they contended that the notices were erroneously sent to Cabahug's father, Sotero Cabahug. The Complaint, therefore, is essentially an Operation Land Transfer protest, which is an agrarian law implementation case belonging to the Department of Agrarian Reform Secretary's jurisdiction.68
. . . .
(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements.
It includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.
Very truly yours, (SGD) EDGAR O. ARICHETA Clerk of Court |
Endnotes:
1Rollo (G.R. No. 186432), p. 129 and rollo (G.R. No. 186964), p. 175. Resolution dated June 15, 2009.
2Rollo (G.R. No. 186432), pp. 12-46. Docketed as G.R. No. 186432.
3Rollo (G.R. No. 186964), pp. 14-40. Docketed as G.R. No. 186964.
4Rollo (G.R. No. 186432), pp. 47-61 and rollo (G.R. No. 186964), pp. 137-150. The Decision was penned by Associate Justice Amy C. Lazaro-Javier (now an Associate Justice of this Court), and concurred in by Associate Justices Francisco P. Acosta and Edgardo L. De Los Santos of the Twentieth Division, Court of Appeals, Cebu City.
5Rollo (G.R. No. 186432), pp. 62-67 and rollo (G.R. No. 186964) pp. 166-171. The Resolution was penned by Associate Justice Amy C. Lazaro-Javier (now an Associate Justice of this Court), and concurred in by Associate Justices Francisco P. Acosta and Edgardo L. De Los Santos of the Former Twentieth Division, Court of Appeals, Cebu City.
6Rollo (G.R. No. 186432), pp. 112-121 and rollo (G.R. No. 186964), pp. 77-89. The Decision was penned by Assistant Secretary Edgar A. Igano, and was concurred in by Officer-in-Charge Secretary Nasser C. Pangandaman, Assistant Secretary Augusto P. Quijano, Officer-in-Charge Undersecretary Narciso B. Nieto, Undersecretary Nestor R. Acosta, Acting Assistant Secretary Ma. Patricia Rualo-Bello, and Assistant Secretary Delfin B. Samson of the Department of Agrarian Reform Adjudication Board.
7Rollo (G .R. No. 186432), pp. 105-108. The Decision was penned by Regional Adjudicator Felixberto M. Diloy of the Office of the Regional Adjudicator, Tacloban City.
8Rollo (G.R. No. 186432), pp. 88-89 and rollo (G.R. No. 186964), pp. 44-45. Deed of Absolute Sale dated October 14, 1983.
9Rollo (G.R. No. 186964), pp. 41-43.
10Rollo (G.R. No. 186432), p. 89 and rollo (G.R. No. 186964), p. 45.
11 Decreeing the Emancipation of Tenants from the Bondage of the Soil, Transferring to Rhem the Ownership of the Land They Till and Providing the Instruments and Mechanism Therefor.
12 The farmer-beneficiaries were Florencio V. Cartagenas, Renato V. Cartagenas, Tomas G. Cartagenas, Manuel V. Ceneza, Abraham C. Cuervo, Federico H. Cuervo, Francisco H. Cuervo, Ricardo H. Cuervo, Lope Q. Damayo, Bartolome P. Dondon, Amparo C. Erejer, Gregorio Ihada, Victoria Malamdag, Jesus I. Noynay, Juanito M. Ostera, Rufino Quimson, Leon Rivera, Gregoria B. Tero, Frederico N. Velasco, and Francisco Velasco.
13Rollo (G.R. No. 186432), pp. 50-51 and rollo (G.R. No. 186964), pp. 139-140.
14Rollo (G.R. No. 186432), pp. 90-95 and rollo (G.R. No. 186964), pp. 46-50.
15Rollo (G.R. No. 186432), pp. 91-93 and rollo (G.R. No. 186964), pp. 47-49.
16Rollo (G.R. No. 186432), p. 94 and rollo (G.R. No. 186964), p. 50.
17Rollo (G.R. No. 186432), pp. 96-104 and rollo (G.R. No. 186964), pp. 51-59.
18Rollo (G.R. No. 186432), pp. 98 and 100 and rollo (G.R. No. 186964), pp. 53 and 55.
19Rollo (G.R. No. 186432), p. 103 and rollo (G.R. No. 186964), p. 58.
20Rollo (G.R. No. 186432), pp. 102-104 and rollo (G.R. No. 186964), pp. 57-59.
21Rollo (G.R. No. 186432), pp. 82-87 and rollo (G.R. No. 186964), pp. 60-65.
22 The impleaded farmer-beneficaries were Eliaquim V. Cartagenas, Florencio V. Cartagenas, Renato V. Cartagenas, Roman G. Cartagenas, Manuel V. Ceneza, Abraham C. Cuervo, Federico H. Cuervo, Francisco H. Cuervo, Ricardo H. Cuervo, Lope Q. Damayo, Bartolome P. Dondon, Amparo C. Erejer, Gregorio Ihada, Loreto Ihado, Victorio Malamdag, Jesus J. Noynay, Juanito M. Ostera, Rufino Quimson, Leon F. Revira, Gregorio B. Tero, Silvino L. Tero, Federico M. Velasco, and Francisco Velasco. See rollo (G .R. No. 186432), p. 81 and rollo (G.R. No. 186964), p. 60.
23Rollo (G.R. No. 186432), pp. 105-108.
24Rollo (G.R. No. 186432), pp. 107-108.
25Rollo (G.R. No. 186432), pp. 112-121 and rollo (G.R. No. 186964), pp. 77-89.
26Rollo (G.R. No. 186432), p. 120 and rollo (G.R. No. 186964), p. 88.
27Rollo (G.R. No. 186432), p. 116; and Rollo (G.R. No. 186964), p. 87. Department of Agrarian Reform Adm. Order No. 03 (2003), Rule I, sec. 2(2.1) provides:
SECTION 2. ALI cases. These Rules shall govern all cases arising from or involving:
2.1. Classification and identification of landholdings for coverage under the agrarian reform program and the initial issuance of Certificate of Land Ownership Awards (CLOAs) and Emancipation Patents (EPs), including protests or oppositions thereto and petitions for lifting of such coverage[.]
28 DAR Administrative Order No. 03 (2003), Rule II, sec. 8 provides:
SECTION 8. Jurisdiction over protests or petitions to lift coverage. The Regional Director shall exercise primary jurisdiction over protests against CARP coverage or petitions to lift notice of coverage. If the ground for the protest or petition to lift CARP coverage is exemption or exclusion of the subject land from CARP coverage, the Regional Director shall either resolve the same if he has jurisdiction, or refer the matter to the Secretary if jurisdiction over the case belongs to the latter.
29 DAR Administrative Order No. 03 (2003), Rule II, sec. 10 provides:
SECTION 10. Appellate Jurisdiction. The Secretary shall exercise appellate jurisdiction over all ALI cases, and may delegate the resolution of appeals to any Undersecretary.
30Rollo (G.R. No. 186432), pp. 119-120 and rollo (G.R. No. 186964), pp. 87-88.
31Rollo (G.R. No. 186432), p. 120 and rollo, (G.R. No. 186964), p. 88.
32Rollo (G.R. No. 186964), pp. 93-95. The Resolution was penned by Assistant Secretary Edgar A. Igano, and was concurred in by Officer-in-Charge Secretary Nasser C. Pangandaman, Assistant Secretary Augusto P. Quijano, Undersecretary Narciso B. Nieto, Undersecretary Nestor R. Acosta, Acting Assistant Secretary Ma. Patricia Rualo-Bello, and Assistant Secretary Delfin B. Samson of the Department of Agrarian Reform Adjudication Board.
33Rollo (G.R. No. 186964), pp. 96-125.
34Rollo (G.R. No. 186432), pp. 47-61 and rollo (G.R. No. 186964), pp. 137-150.
35 DAR Administrative Order No. 03 (2003), Rule I, sec. 2(2.4) provides:
SECTION 2. ALI cases. These Rules shall govern all cases arising from or involving:
2.4. Recall, cancellation or provisional lease rentals, Certificates of Land Transfers (CLTs) and CARP Beneficiary Certificates (CBCs) in cases outside the purview of Presidential Decree (PD) No. 816, including the issuance, recall, or cancellation of Emancipation Patents (EPs) or Certificates of Land Ownership Awards (CLOAs) not yet registered with the Register of Deeds[.]
36 DARAB Rules of Procedure (2003), Rule II, sec. 1(1.6) provides:
SECTION 1. Primary and Exclusive Original Jurisdiction. - The Adjudicator shall have primary and exclusive original jurisdiction to determine and adjudicate the following cases:
, , , ,
1.6 Those involving the correction, partition, cancellation, secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs) and Emancipation Patents (EPs) which are registered with the Land Registration Authority[.]
37 DARAB Rules of Procedure (2003), Rule II, sec. 2 provides:
SECTION 2. Appellate Jurisdiction of the Board. - The Board shall have exclusive appellate jurisdiction to review, reverse, modify, alter, or affirm resolutions, orders, and decisions of its Adjudicators.
No order of the Adjudicators on any issue, question, matter, or incident raised before them shall be elevated to the Board until the hearing shall have been terminated and the case decided on the merits.
38Rollo (G.R. No. 186432), pp. 54-57 and rollo (G.R. No. 186964), pp. 143-146.
39Rollo (G.R. No. 186432), pp. 57-59 and rollo (G.R. No. 186964), pp. 146-148.
40Rollo (G.R. No. 186432), pp. 59-60 and rollo (G.R. No. 186964), pp. 148-149.
41Rollo (G.R. No. 186432), p. 60 and rollo (G.R. No. 186964), p. 149.
42Rollo (G.R. No. 186432), pp. 62-67 and rollo (G.R. No. 186964), pp. 166-171.
43Rollo (G.R. No. 186432), pp. 12-46.
44Rollo (G.R. No. 186964), pp. 14-40.
45Rollo (G.R. No. 186432), pp. 129-130 and rollo (G.R. No. 186964), pp. 175-176.
46Rollo (G.R. No. 186432), pp. 141-171.
47Rollo (G.R. No. 186432), pp. 188-201 and rollo (G.R. No. 186964), pp. 180-193.
48Rollo (G.R. No. 186432), pp. 24-31 and rollo (G.R. No. 186964), pp. 32-35.
49Rollo (G.R. No. 186432), pp. 31-36 and rollo (G.R. No. 186964), pp. 25-28.
50Rollo (G.R. No. 186432), p. 39.
51Rollo (G.R. No. 186432), pp. 32-33 and 36-40; and rollo (G.R. No. 186964), pp. 28-32.
52 ADM. CODE, Book IV, Title III, Chapter 12, sec. 35(1) provides:
SECTION 35. Powers and Functions. - The Office of the Solicitor General shall represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of a lawyer. When authorized by the President or head of the office concerned, it shall also represent government-owned or controlled corporations. The Office of the Solicitor General shall constitute the law office of the Government and, as such, shall discharge duties requiring the services of a lawyer. It shall have the following specific powers and functions:
(1) Represent the Government in the Supreme Court and the Court of Appeals in all criminal proceedings; represent the Government and its officers in the Supreme Court, the Court of Appeals, and all other courts or tribunals in all civil actions and special proceedings in which the Government or any officer thereof in his official capacity is a party.
53Rollo (G.R. No. 186432), pp. 152-153.
54Rollo (G.R. No. 186432), pp. 153-156.
55 Id. at 157.
56Rollo (G.R. No. 186432), pp. 158-159.
DAR Administrative Order No. 03, Series of 2003, Rule I, sec. 6 provides:
SECTION 6. Referral of cases. When a party erroneously files a case under Section 2 hereof before the DARAB, the receiving official shall refer the case to the proper DAR office for appropriate action within five (5) working days after determination that said case is within the jurisdiction of the Secretary. Likewise, when a party erroneously files a case under Section 3 hereof before any office other than the DARAB or its adjudicators, the receiving official shall, within five (5) working days, refer the case to the DARAB or its adjudicators.
57Rollo (G.R. No. 186432), pp. 162-166.
58 Rep. Act No. 6657 (1988), sec. 57.
59See Alfonso v. Land Bank of the Philippines, 801 Phil. 217 (2016) [Per J. Jardeleza, En Banc].
60See DARAB Rules of Procedure (2003), Rule II, sec. 1, now the 2009 DARAB Rules of Procedure, Rule II, sec. 1. See also 2003 Rules of Procedure for ALI Cases, Rule I, Sec. 3.
61See the 2003 Rules of Procedure for ALI Cases, Rule I, Sec. 2, now 2017 Rules of Procedure for ALI Cases, Rule I, Sec. 2. See also 2003 DARAB Rules of Procedure, Rule II, Sec. 3.
62 An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending The Acquisition and Distribution of All Agricultural Lands, Instituting Necessary Reforms, Amending For the Purpose Certain Provisions of Republic Act No. 6657, otherwise known as The Comprehensive Agrarian Reform Law of 1988, as amended, and Appropriating Funds Therefor.
63 Rep. Act No. 9700 (2009), sec. 24 provides:
SEC. 24. Award to Beneficiaries. - . . .
. . . .
All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR. (Emphasis supplied)
64 Presidential Decree No. 1529 (1978). Property Registration Decree.
65 CONST., art. III, sec. 1 provides:
SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
66 CONST., art. XIII, secs. 4, 6, 7, and 8 are devoted to agrarian and natural resources reform.
67See Sutton v. Lim, 700 Phil. 67, 74 (2012) [Per J. Perlas-Bernabe, Second Division].
68 The 2003 Rules for Agrarian Reform Implementation Cases, Rule II, secs. 7, 8, and 10 provide:
SECTION 7. General Jurisdiction. The Regional Director shall exercise primary jurisdiction over all agrarian law implementation cases except when a separate special rule vests primary jurisdiction in a different DAR office.
SECTION 8. Jurisdiction over protests or petitions to lift coverage. The Regional Director shall exercise primary jurisdiction over protests against CARP coverage or petitions to lift notice of coverage. If the ground for the protest or petition to lift CARP coverage is exemption or exclusion of the subject land from CARP coverage, the Regional Director shall either resolve the same if he has jurisdiction, or refer the matter to the Secretary if jurisdiction over the case belongs to the latter.
. . . .
SECTION 10. Appellate Jurisdiction. The Secretary shall exercise appellate jurisdiction over all ALI cases, and may delegate the resolution of appeals to any Undersecretary.
69 Rep. Act No. 3844 (1963), sec. 10 provides:
SECTION I 0. Agricultural Leasehold Relation Not Extinguished By Expiration of Period, etc. - The agricultural leasehold relation under this Code shall not be extinguished by mere expiration of the term or period in a leasehold contract nor by the sale, alienation or transfer of the legal possession of the landholding. In case the agricultural lessor sells, alienates or transfers the legal possession of the landholding, the purchaser or transferee thereof shall be subrogated to the rights and substituted to the obligations of the agricultural lessor.
70 DAR Administrative Order No. 03-03 (2003), Rule I, sec. 6 provides:
SECTION 6. Referral of cases. When a pa1ty erroneously files a case under Section 2 hereof before the DARAB, the receiving official shall refer the case to the proper DAR office for appropriate action within five (5) working days after determination that said case is within the jurisdiction of the Secretary. Likewise, when a party erroneously files a case under Section 3 hereof before any office other than the DARAB or its adjudicators, the receiving official shall, within five (5) working days, refer the case to the DARAB or its adjudicators.
71 Rep. Act No. 9700 (2009), sec. 9, amending Rep. Act No. 6657 (1988), sec. 24.
(a) the primary jurisdiction to determine and adjudicate agrarian reform disputes (ARD); andTo be sure, an ARD case essentially involves an agrarian dispute which, as defined by Section 3 (d) of RA 6657, as amended, refers "to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangements."31
(b) the exclusive original jurisdiction over all matters involving agrarian law implementation (ALI) except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).30
Section 24. Award to Beneficiaries. - The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines: Provided, That the emancipation patents, the certificates of land ownership award, and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Office of the Registry of Deeds, subject to the conditions, limitations and qualifications of this Act, the property registration decree, and other pertinent laws. The emancipation patents or the certificates of land ownership award being titles brought under the operation of the torrens system, are conferred with the same indefeasibility and security afforded to all titles under the said system, as provided for by Presidential Decree No. 1529, as amended by Republic Act No. 6732.Nonetheless, the issue of jurisdiction in this case shall be settled under the statute and rules in force at the time of the commencement of the cancellation case.42
x x x x
All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR. (Section 9 of RA 9700; emphasis and underscoring supplied)
Endnotes:
1Rollo (G.R. No. 186432), pp. 82-87; and rollo (G.R. No. 186964), pp. 60-65.
2 The petitions and the CA Decision erroneously indicated that said Complaint was filed on April 6, 2004 (see rollo [G.R. No. 186432], pp. 18 and 51-52). On the other hand, the DARAB, in its Decision, maintained that the same was filed on Apri1 26, 2004 (see id. at 114).
3Rollo (G.R. No. 186964), pp. 41-43; including dorsal portions.
4Rollo (G.R. No. 186432), p. 83.
5 Id. at 84.
6 See id. at 59 and 146.
7 Id. at 84-85.
8 Id. at 105-108. Penned by Regional Adjudicator Felixberto M. Diloy.
9 See id. at 107-108.
10 See id. at 21, 52 and 112.
11 See Decision dated May 10, 2006, penned by Assistant Secretary Edgar A. Igano with Assistant Secretary Augusto P. Quijano, Undersecretary Nestor R. Acosta, Acting Assistant Secretary Ma. Patricia Rualo-Bello, and Assistant Secretary Delfin B. Samson, concurring. OIC Secretary and Chairman Nasser C. Pangandaman and OIC-Undersecretary Narciso B. Nieto did not take part (rollo [G.R. No. 186432], pp. 112-121; and rollo [G.R. No. 186964], pp. 77-89).
12 See rollo (G.R. No. 186432), pp. 118-119.
13 Entitled "DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR," approved on October 21, 1972.
14 See Deed of Absolute Sale dated October 14, 1983; rollo (G.R. No. 186432), pp. 188-189.
15 See id. at 119-120.
16 Not attached to the rollos.
17 See Resolution dated February 27, 2007 penned by Assistant Secretary Edgar A. Igano with Assistant Secretary Augusto P. Quijano, Acting Assistant Secretary Ma. Patricia Rualo-Bello, and Assistant Secretary Delfin B. Samson, concurring. OIC Secretary and Chairman Nasser C. Pangandaman , Undersecretary Narciso B. Nieto, and Undersecretary Nestor R. Acosta did not take part; rollo (G.R. No. 186964), pp. 93-95.
18 Dated May 2, 2007. Id. at 96-125.
19Rollo (G.R. No. 186432), pp. 47-61. Penned by Associate Justice Amy C. Lazaro-Javier (now a Member of this Court) with Associate Justices Francisco P. Acosta and Edgardo L. De Los Santos concurring.
20 See id. at 60.
21 Adopted and promulgated on January 17,2003. See id. at 56-57.
22 See id. at 57-59.
23 See id. at 59-60.
24 See motion for reconsideration dated October 23, 2008 filed by the DAR Regional Director-Region VIII; rollo (G .R. No. 186432), pp. 68-73; and motion for reconsideration dated October 28, 2008 filed by the PARO; rollo (G.R. No. 186964), pp. 151-164.
25Rollo (G.R. No. 186432), pp. 62-67; and rollo (G.R. No. 186964), pp. 166-171.
26Rollo (G.R. No. 186432), pp. 12-41; and rollo (G.R. No. 186964), pp. 14-36.
27 See Minute Resolution dated June 15, 2009; rollo (G.R. No. 186432), pp. 129-130; and rollo (G.R. No. 186964), pp. 175-176.
28 See ponencia, p. 15.
29 Entitled "PROVIDING THE MECHANISMS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE AGRARIAN REFORM PROGRAM," issued on July 22, 1987.
30 See also Section 50, Chapter XII of Republic Act No. (RA) 6657, entitled "AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES," otherwise known as the COMPREHENSIVE AGRARIAN REFORM LAW OF 1988," approved on June 10, 1988.
31 Emphasis supplied.
32 See Section 3, Rule I of the DARAB 2003 RULES OF PROCEDURE.
33 Section 13 of EO 129-A provides:Section 13. Agrarian Reform Adjudication Board. - There is hereby created an Agrarian Reform Adjudication Board under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be designated by the Secretary, the Assistant Secretary for Legal Affairs, and three (3) others to be appointed by the President upon the recommendation of the Secretary as members. A Secretariat shall be constituted to support the Board. The Board shall assume the powers and functions with respect to the adjudication of agrarian reform cases under Executive Order No. 229 and this Executive Order. These powers and functions may be delegated to the regional offices of the Department in accordance with rules and regulations to be promulgated by the Board. (Emphasis supplied)34 Entitled "MODIFYING ORDER NO. 129 REORGANIZING AND STRENGTHENING THE DEPARTMENT OF AGRARIAN REFORM AND FOR OTHER PURPOSES" (July 26, 1987).
35 RA 6657 was thereafter passed in 1988 reinforcing the DAR's powers. See Section 50, Chapter XII of RA 6657.
36 Section 49, Chapter XI of RA 6657, as amended, provides:Section 49. Rules and Regulations. - The PARC and the DAR shall have the power to issue rules and regulations, whether substantive or procedural, to carry out the objects and purposes of this Act. Said rules shall take effect ten (10) days after publication in two (2) national newspapers of general circulation. (Emphasis supplied)37 Pursuant to Section 7, Rule II of DAR Administrative Order No. 03, Series of 2003 (DAR AO No. 03-03), re: 2003 Rules for Agrarian Law Implementation Cases, known as the "2003 RULES OF PROCEDURE FOR ALI CASES" (issued on January 16, 2003), now Section 6, Rule II DAR Administrative Order No. 03-17; re: 2017 Rules for Agrarian Law Implementation (ALI) Cases, known as the "2017 RULES OF PROCEDURE FOR ALI CASES" (issued on May 22, 2017), which amended the 2003 RULES OF PROCEDURE FOR ALI CASES.
38 Pursuant to Section 10, Rule II of the 2003 RULES OF PROCEDURE FOR ALI CASES, now Section 9, Rule II of the 2017 RULES OF PROCEDURE FOR ALI CASES.
39 See Section 2, Rule II of the 1989 DARAB REVISED RULES OF PROCEDURE or the "REVISED RULES OF THE DARAB," (February 6, 1989) and Section 2, Rule II of the "DARAB NEW RULES OF PROCEDURE" (June 22, 1994).
40 See Section 1, Rule XIV of the DARAB 2003 Rules of Procedure.
41 Entitled "AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657."
42 The jurisdiction of a tribunal or quasi-judicial body over the subject matter is determined by the averments of the complaint/petition and the law extant at the time of the commencement of the suit/complaint/petition. See Pasong Bayabas Farmers Association Inc. v. Court of Appeals, 473 Phil. 64, 97 (2004). See also Anama v. Citibank, N.A., G.R. No. 192048, December 13, 2017.
43 See Section 10 of RA 3844, entitled "AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO INSTITUTE LAND REFORMS IN THE PHILIPPINES, INCLUDING TH E ABOLITION OF TENANCY AND THE CHANNELING OF CAPITAL INTO INDUSTRY, PROVIDE FOR THE NECESSARY IMPLEMENTING AGENCIES, APPROPRIATE FUNDS THERE FOR AND FOR OTHER PURPOSES," otherwise known as the "AGRICULTURAL LAND REFORM CODE" (August 8, 1963), as amended.
44 See ponencia, p. 14.
45I.e., except when a separate special rule vests primary jurisdiction in a different DAR office. See Section 7, Rule 11 of the DARAB 2003 Rules of Procedure.
46 Entitled "RE: 2014 RULES AND PROCEDURES GOVERNING THE CANCELLATION OF REGISTERED EMANCIPATION PATENTS (EPS), CERTIFICATES OF LAND OWNERSHIP AWARD (CLOAS), AND OTHER TITLES ISSUED UNDER THE AGRARIAN REFORM PROGRAM," issued on September 15, 2014.
47 Section 7, Article III of DAR AO No. 07-14 pertinently provides:Section 7. Initiation of a Cancellation Case. - A cancellation case shall be initiated by the filing of a verified Petition for Cancellation and the payment of the filing fee, if necessary.See also Section 22, Article III of the same AO.
The verified Petition shall be filed with the Office of the PARAD who has jurisdiction over the place where the land covered by the EPs, CLOAs, or other titles sought to be cancelled is located.
x x x x
48 Under the Rules, after the case folder buildup, preliminary hearing, on-site inspection, clarificatory hearing, submission of position papers and report by the PARAD or RARAD, the case folder shall be transmitted to the Bureau of Agrarian Legal Assistance for its review, finding, and recommendation. Thereafter, the case folder shall be transmitted to the Office of the Assistant Secretary for Legal Affairs for further review, finding, and recommendation, before the same will be transmitted to the DAR Secretary for decision.
To note, while the case should have been filed before the DAR Regional Secretary during the old jurisdictional setup on April 26, 2014, the supervening passage of RA 9700 on August 7, 2009 and the new Rules of Procedure mandate that the case be first referred to Office of the PARAD only for case buildup, to be ultimately resolved by the DAR Secretary who now has jurisdiction over cases involving the cancellation of all registered EPS, whether involved in an ARD or an ALI case, as it is here.