FIRST DIVISION
G.R. No. 191376, January 08, 2020
RICARIDO* GOLEZ, IN HIS OWN BEHALF AND HIS CHILDREN CRISPINO GOLEZ, ISIDRO GOLEZ, EMMA G. DE LOS SANTOS, HELEN G. CABECO, VICTORIA G. NORBE,** ANTERO GOLEZ, SIMON GOLEZ AND GRACE G. BACLAY, IN SUBSTITUTION OF THE DECEASED PRESENTACION GOLEZ, PETITIONERS, v. MARIANO ABAIS,*** RESPONDENT.
D E C I S I O N
CAGUIOA, J.:
On March 16, 2001, [Presentacion Golez (Presentacion)] filed this case against her brother-in-law, [respondent Mariano], for ejectment from [the disputed lots] at Barangay Jalaud Norte, Zarraga[,] and for recovery of damages.DARAB Proceedings
In her Complaint[, Presentacion] allege[d] x x x that: she is the eldest daughter of the late Ireneo5 Deocampo [Ireneo], an Operation Land Transfer [(OLT)] beneficiary of [the disputed lots] with areas of 1.1325 hectares and 0.0835 hectare, respectively, at Barangay Jalaud Norte, Zarraga, Iloilo; [Mariano] is the husband of her late younger sister, Vicenta Deocampo Abais [(Vicenta)], who illegally possessed [the disputed lots] and mortgaged the same to a certain Enrique Pilla; after the death of her sister, [Presentacion] tried to recover possession from [Mariano] who refused to acknowledge [Presentacion's] action; [Presentacion's] petition to be identified as qualified beneficiary of (the disputed) lots was granted in the Order of the DAR Regional Director dated May 31, 1999; her petition for re-allocation was likewise granted in the Order of the DAR Regional Director dated December 11, 2000; despite these administrative resolutions[, Mariano] refused to vacate x x x the [disputed lots]; since the death of her father, [Presentacion] was deprived of the possession of [the disputed lots] and her lawful share [in the produce] of about 1,000 sacks of palay.
[Presentacion thus prayed that Mariano], his priv[ies] or any person acting in his behalf, be ordered to vacate [the disputed lots] and deliver to her and maintain her in the peaceful po[s]session and cultivation thereof. Recovery of damages [was also prayed for.
[Mariano denied Presentacion's] claim x x x; he admit[ted] [that he is] the husband of [Presentacion's] younger sister but denie[d] that his possession is illegal; [he claimed that] his possession is by virtue of being a tenant as decided by at least three [(3)) decisions of the Regional Trial Court [(RTC)] and the DARAB; he ha[d] been in continuous cultivation of the land for more than thirty [(30)] years and denie[d] having mortgaged the same to a certain Enrique Pilla; he admit[ted] his refusal to turn over the land because he had continuously worked thereon for more than [thirty (30)] years and had fully paid its amortization with the Land Bank of the Philippines, while [Presentacion] ha[d] neither cultivated nor possessed the land nor paid a single centavo for its amortization.
[Mariano] admit[ted] the existence of the Orders of May 31, 1999 and December 11, 2000 of the DAR Regional Director but denie[d] that he ha[d] been notified thereofl; h]e denie[d] the truthfulness of [Presentacion's] [allegations] which were false and misrepresentations. Further, [Mariano claimed that] the Order[s were] contrary to law and the facts of the case being the result of falsehoods.
As special and affirmative defenses, [Mariano] aver[red] that [Presentacion] has no cause of action against him; the case is barred by res judicata, conclusiveness of judgment and law of the case; the RTC in Civil Case N[o]. [16094], entitled Catalina Deocampo vs. Mariano Abais and Vicenta Abais, rendered a Decision on October 24, 1986 declaring him and his late wife Vicenta as the actual tillers of [the disputed lots] and as such they are protected by security of tenure, which RTC decision was affirmed by the [CA in CA-G.R. CV No. 138976]; [Presentacion] herein filed DARAB Case No. 603 for recovery of possession against [Mariano's] wife Vicenta but the case was dismissed in a decision dated August 28, 1996 on the ground of res judicata; DARAB Case N[o]. VI-725-IL-99 was filed by [Presentacion] against [Mariano] for reinstatement but this was dismissed in the Order dated November 29, 1999.
[Mariano] pray[ed] for the dismissal of the complaint x x x [and sought] recovery of moral damages, attorney's fees and litigation expenses.7 (Emphasis supplied)
It is clear that [the disputed lots] at Barangay Jalaud Norte, Zarr[a]ga, Iloilo x x x have been placed by the DAR under [OLT] pursuant to [Presidential Decree No. 2711 (PD 27)] wherein the late [Ireneo], father of [Presentacion] and father-in-law of [Mariano], was identified as qualified beneficiary and became a recipient of Certificates of Land Transfer [(CLTs)] covering these lots.PA Vasquez dismissed Presentacion's claim for damages, as well as Mariano's counter-claim for damages, attorney's fees and litigation expenses.14
When these [disputed lots] were placed under OLT[,] these were tenanted by the late [Ireneo as] evidenced by the [CLTs] issued in his name. [As] a CLT holder[, Ireneo] was prohibited from the employment and use of tenants in whatever form in the occupation and cultivation of the land. This negates [Mariano's] contention that he and his late wife, [Vicenta] "were already in possession of the lots in question and had been cultivating the same exclusively as tenants since 1970 x x x." At most, [Mariano] and his late wife [Vicenta] were members of [Ireneo's] immediate farm household who helped him in the cultivation of the land.
[The disputed lots] being covered by [OLT], succession thereto is governed by [MC 19] x x x which provides for the Rules and Regulations in Case of Death of a Tenant-Beneficiary, thus:Corollary thereto, Ministry Memorandum Circular No. 5, Series of 1984 has this to say:
"x x x x b. Where there are several heirs, and in the absence of extrajudicial settlement or waiver of rights in favor of one heir who shall be the sole owner and cultivator, the heirs shall within one month from death of the tenant beneficiary be free to choose from among themselves one who shall have sole ownership and cultivation of the land, subject to paragraph 1(b) and (c) hereof; Provided, however, That the surviving spouse shall be given first preference; otherwise, in the absence or due to permanent incapacity of the surviving spouse, priority shall be determined among the heirs according to age. c. In case of disagreement or failure of the heirs to determine who shall be the owner-cultivator within the period prescribed herein, the priority rule under the proviso of paragraph 2(b) shall apply.""x x x xHaving been vested with the authority to determine the successor, as sole owner-cultivator, to this OLT-covered farmholding left by farm[e]r-beneficiary [Ireneo] who died in 1984, the DAR Regional Director, acting on [Presentacion's] LETTER REQUEST FOR IDENTIFICATION AND QUALIFICATION AS FARMERBENEFICIARY OF [THE DISPUTED LOTS] LOCATED AT BRGY. JALAUD NORTE, ZARRAGA, ILOILO [(Letter-request)], issued an Order dated [May 31, 1999] the dispositive portion of which reads:
In order to expedite the reallocation of lands left by deceased beneficiaries, all MAR Regional Directors are hereby authorized to confirm the selection of the sole owner-cultivator made by the surviving heirs or in appropriate cases, to designate such sole owner-cultivator.""WHEREFORE, premises considered, ORDER is hereby issued:and which became final and executory as appearing in the ORDER OF FINALITY dated August 10, 1999.
x x x Declaring [Presentacion] as the qualified farmer-beneficiary of [the disputed lots];
x x x x"
Accordingly, [Presentacion] filed a PETITION FOR REALLOCATION covering these lots and on December 11, 2000 the DAR Regional Director issued an Order granting [said petition] x x x which became final and executory as appearing in the ORDER OF FINALITY dated January 4, 2001.
It must be emphasized that [Mariano] was never an heir of his father-in-law, farmer-beneficiary and CLT holder [Ireneo] who died in 1984.
In the case of [Torres v. Ventura12], it was held that "title to land acquired pursuant to [PD 27] or the land reform program of the government shall not be transferable except by hereditary succession or to the Government in accordance with the provisions of [PD 27], the Code of Agrarian Reforms and other existing laws and regulations." It further explained that "a title refers not only to that issued upon compliance by the tenant-farmer of the said conditions but also includes those rights and interests that the tenant-farmer immediately acquired upon the promulgation of the law." x x x
[Mariano's] late wife, (Vicenta), although one of the heirs of CLT holder [Ireneo], never applied to be, and [was never] identified as, the qualified successor of her father, and [the disputed] lots were never allocated in her favor by the DAR. Had it been otherwise, it would have qualified [Mariano] to succeed her in his own right in accordance with [MC 19]. As it had been, the DAR, through the Regional Director, pronounced and identified Ireneo's eldest child, [Presentacion], as his qualified successor, and [the disputed lots] were reallocated to her x x x. It was only then that the [CLTs] issued to the original farmerbeneficiary, [Ireneo], were "RECALLED/CANCELLED".
x x x x
It must always be borne in mind that [the disputed lots have] never been removed from the coverage of [the OLT], the disposition of which is within the exclusive authority of the DAR and cannot be disposed of from one holder to another without its approval.13 (Emphasis and underscoring supplied; italics omitted; citations omitted)
As had been aptly found by the [CA], speaking through then Justice Nicolas P. Lapeña, Jr. in the decision in CA-G.R. CV No. 1389[7] promulgated on August 14, 1989, "when Ireneo, the registered owner, died, the land went to his heirs, namely, his wife, [Catalina] and his daughter, [Vicenta] by right of succession. [Mariano and Vicenta] were therefore justified in claiming the right to work on the land as co-owners thereof. Moreover, as pointed out by the trial court, it is undisputed that [Mariano and Vicenta] have been the ones actually cultivating the land in question even when Ir[e]neo was still living until he died in 1983 and up to the present. Thus, [Mariano and Vicenta] are not only co-owners, but actual cultivators of the land in question who are covered by the security of tenure provision of PD 27 which was issued in 1972, when [Mariano and Vicenta] were already in actual cultivation of the land in question.Nevertheless, the CA affirmed the denial of the parties' monetary claims due to lack of evidence.24
[The CA] did not fail to note that when (Ireneo] died, he was not merely a tenant over [the disputed lots]. He was already the registered owner thereof. What he bequeathed to his heirs upon his death, therefore, was the right of succession as owners-not as [tenants]. [Vicenta], [Mariano's] wife, was one of the children of [Ireneo] who, thus, succeeded her father as one of the owners of [the disputed lots]. Upon Vicenta's death, her surviving spouse Mariano became a co-owner of said lots by the right of succession. A co-owner cannot be ejected from any property an aliquot part of which he owns.23 (Emphasis supplied)
Title to land acquired pursuant to this Decree or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the Government in accordance with the provisions of this Decree, the Code of Agrarian Reforms and other existing laws and regulations[.] (Emphasis supplied)The disputed lots had been granted to the original farmer-beneficiary Ireneo pursuant to PD 27. Accordingly, the transferability of said lots upon Ireneo's death remained subject to the limitation set forth under PD 27, that is, the disputed lots would be transferable only "by hereditary succession or to the Government in accordance with the provisions of [PD 27], the Code of Agrarian Reforms and other existing laws and regulations."33
Under MC 19, while the succession or transfer of farmholdings granted under PD 27 recognized the pertinent provisions of the Civil Code on succession, such was subject to certain limitations. Accordingly, even as the successional rights of the original farmer-beneficiary were recognized, MC 19 prescribed the manner through which the succeeding sole owner-cultivator should be identified as this was aligned with the purpose of carrying out PD 27's policy of establishing a system of "owner-cultivatorship."35
1. Succession to the farmholding covered by [OLT1, shall be governed by the pertinent provisions of the New Civil Code of the Philippines subject to the following limitations: x x x x b. The ownership and cultivation of the farmholding shall ultimately be consolidated in one heir who possesses the following qualifications: (1) being a full-fledged member of a duly recognized farmers' cooperative; (2) capable of personally cultivating the farmholding; and (3) willing to assume the obligations and responsibilities of a tenant-beneficiary. c. Such owner-cultivator shall compensate the other heirs to the extent of their respective legal interest in the land, subject to the payment of whatever outstanding obligations of the deceased tenant beneficiary. 2. For the purpose of determining who among the heirs shall be the sole owner-cultivator, the following rules shall apply: x x x x b. Where there are several heirs, and in the absence of extra-judicial settlement or waiver of rights in favor of one heir who shall be the sole owner and cultivator, the heirs shall within one month from death of the tenant-beneficiary be free to choose from among themselves one who shall have sole ownership and cultivation of the land, subject to Paragraph 1 (b) and (c) hereof: Provided, however, That the surviving spouse shall be given first preference; otherwise, in the absence or due to the permanent incapacitv of the surviving spouse, priority shall be determined among the heirs according to age. c. In case of disagreement or failure of the heirs to determine who shall be the owner-cultivator within the period prescribed herein, the priority rule under the proviso of Paragraph 2(b) hereof shall apply. (Emphasis and underscoring supplied)
ART. 1080. Should a person make a partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice the legitime of the compulsory heirs.Presentacion is the qualified sole owner-cultivator under PD 27.
A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. (Emphasis supplied)
A prior decision is conclusive in a second suit where the elements of res judicata are present. For a prior judgment to constitute a bar to a subsequent case, the following requisites must concur:To recall, the previous judgments which the CA recognized as basis to apply the principle of res judicata are the October 1986 RTC Decision, the August 1996 PA Decision and the Decision rendered by PA Vasquez from which this Petition stems.
- it must be a final judgment or order;
- the court rendering the same must have jurisdiction over the subject matter and over parties;
- there must be between the two cases identity of parties, identity of subject matter and identity of causes of action; and
- it must be a judgment or order on the merits.44
This Adjudicator finds merit in [Vicenta's] position on the jurisdictional incompetence of the Adjudication Board to hear and decide this case x x x. Definitely, this case is infused with a valid issue of tenancy: the question of who among the heirs of the late tenant-beneficiary [Ireneo] should take over the [disputed lots] he left behind.Taking her cue from the August 1996 PA Decision, Presentacion later filed her Letter-request and Petition for Reallocation with the DAR Regional Director which, as earlier stated, were both granted.
And this tenancy issue is met squarely by [MC 19] providing for the Rules and Regulations in Case of Death of a Tenant-Beneficiary and making the whole process one of administrative concern cognizable only by the DAR Secretary through the Department's Regional and local field offices.47 (Emphasis and italics supplied)
Endnotes:
* Also appears as "Ricardo" in some parts of the Rollo.
** Also appears as "Nobre" in some parts of the Rollo.
*** Also appears as "Abaes" in some parts of the Rollo.
1Rollo, pp. 14-32.
2 Id. at 34-42. Penned by Associate Justice Arcangelita M. Romilla-Lontok, with Associate Justices Josefina Guevara-Salonga and Romeo F. Barza concurring.
3 Id. at 44-45.
4 Id. at 35.
5 Also appears as "Irineo" in some parts of the Rollo.
6 See CA Decision dated August 14, 1989, id. at 87-88. Appears as "CA-G.R. CV No. 13891" in some parts of the Rollo.
7 Rollo, pp. 59-61.
8 Id. at 59-67.
9 Id. at 67.
10 Id. at 63.
11 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 (TENANTS EMANCIPATION DECREE), October 21, 1972.
12 265 Phil. 99, 107 and 108 (1990).
13Rollo, pp. 63-66.
14 Id. at 67.
15 Id. at 70-75. Penned by Vice-Chairman Augusto P. Quijano, with the concurrence of Members Delfin B. Samson, Edgar A. Igano and Patricia Rualo-Bello; Chairman Nasser C. Pangandaman and Members Nestor R. Acosta and Narciso B. Nieto, took no part.
16 Id. at 36.
17 Id. at 34.
18 See id. at 36.
19 Id. at 34.
20 Id. at 81-85. Penned by Judge Jesus V. Ramos.
21 See id. at 81.
22 Id. at 76-78.
23 Id. at 40-41.
24 Id. at 41.
25 However, the CA Resolution mentions 68 days.
26Rollo, pp. 44-45.
27 Id. at 15.
28 Id. at 3-10.
29 Id. at 90-91.
30 Id. at 96-102.
31 Id. at 146-151.
32 Id. at 24-25.
33 PD 27, TENANTS EMANCIPATION DECREE.
34 See policy declaration in MC 19.
35 See MC 19.
36 See CIVIL CODE, Art. 777.
37Rollo, pp. 46-50.
38 Id. at 54-55.
39 See Order of Finality dated August 10, 1999, id. at 51-53.
40 See Order of Finality dated January 4, 2001, id. at 56-58.
41 The relevant provision states:42 See Rule II, Sec. 6, DAR Administrative Order No. 03, series of 2017, entitled "2017 RULES FOR AGRARIAN LAW IMPLEMENTATION (ALI) CASES," May 22, 2017.
c. Such owner-cultivator shall compensate the other heirs to the extent of their respective legal interest in the land, subject to the payment of whatever outstanding obligations of the deceased tenant-beneficiary.
43 286 Phil. 341 (1992).
44 Id. at 345-346.
45Rollo, p. 84.
46 Id.
47 Id. at 77.
48 Id.