The requirements of the laws and
jurisprudence on Presidential Decree No. 27 (Operation land Transfer) leads to annulment
of the emancipation patents issued in the absence of any proof that the
farmer-beneficiaries or the LBP has already fully paid the value of the lands
put under the coverage of Pres. Decree No. 27. The requirement is unequivocal
in that the value of the land awarded to farmer-beneficiaries must, prior to
the issuance of emancipation patents, be paid in full. Payment of lease rentals
shall terminate on the date the value of the land is established. Therafter,
the tenant-farmers shall pay amortizations to the Land Bank (LBP). The rentals
previously paid are to be credited as partial payment of the land transferred
to tenant-farmers. (Coruna vs. Cinamin, G.R. NO. 154286. February 28, 2006)
FIRST DIVISION
[ G.R. NO. 154286. February 28, 2006 ]
MAGDALENA CORUÑA, JORGE CORUÑA, ESTATE
OF ALBERTO CORUÑA, ROSITA CORUÑA, ESTATE OF BENJAMIN CORUÑA, JUANITA ELIZALDE,
FLORA ACOSTA, LORETO CORUÑA, AND ESTATE OF JOSE CORUÑA, PETITIONERS,
VS.
SATURNINO CINAMIN,[1] ANDRES ACANA,
ROSITA LAUREANO, ROGELIO ENGAG,[2] DOMINADOR GABIOTA, JR., FEDERICO GABIOTA,
RAUL VANGUARDIA, ROMEO LOCSIN, GUALBERTO GUALDRAPA,[3] CARLITO GOROY, GERVACIO
SONQUIAWON, LEOPOLDO BELO, AND NORMA LOCSIN, RESPONDENTS.
D E C I S I O N
CHICO-NAZARIO, J.:
This is a petition for review on
certiorari assailing the Decision[4] of the Court of Appeals in CA-G.R. SP No.
59922 dated 14 December 2001, and its Resolution[5] dated 23 May 2002, which
denied petitioners' motion for reconsideration thereby affirming the
decision[6] of the Department of Agrarian Reform Adjudication Board (DARAB) in
DARAB Case No. 4338 and DARAB Case No. 4339 promulgated on 07 June 2000. The
DARAB decision, in turn, affirmed in toto the decision[7] of the Provincial
Agrarian Reform Adjudication Board (PARAD) of Bacolod City which dismissed
petitioners' complaints for lack of merit.
The factual antecedents follow:
Julieta Vasquez Coruña was the owner of
Lot No. 1176-A located in Himaya, Hinigaran, Negros Occidental, with an area of
119.3830 hectares and Lot No. 350-B situated in Payao, Binalbagan, Negros
Occidental, composed of 25.2513 hectares. When Julieta died intestate on 30
September 1972, these properties passed on to petitioners who were her
children, namely: Magdalena, Jorge, Rosita, Loreto, Rosendo, Jose, Benjamin,
all surnamed Coruña, Juanita Elizalde, and Flora Acosta. Rosendo died leaving
behind as compulsory heirs Marivic Togle, Diana, Cesar, and Anna Coruña. When
Jose passed away, he left, as his compulsory heirs Priscilla, Patricia, Ma. Fe,
and Jose Ma., all surnamed Coruña, while Benjamin died without issues.
Lot No. 1176-A was tenanted by
respondents Saturnino Cinamin, Andres Acana, Rosita Laureano, Rogelio Egang,
Dominador Gabiota, and Federico Gabiota. On the other hand, Lot No. 350-B was
tenanted by respondents Raul Vanguardia, Romeo Locsin, Gilberto Gualdrapa, Carlito
Goroy, Gervacio Sonquiawon, Leopoldo Belo, and Norma Locsin.[8]
On 28 June 1994, petitioners filed
before the (PARAD) two separate complaints for cancellation and/or
nullification of emancipation patents and/or certificates of land transfers
issued in favor of respondents.[9] The first complaint, docketed as PARAD Case
No. VI-71-NO-94, was instituted against respondents Cinamin, Acana, Laureano,
Engag, Gabiota, Jr., and Gabiota.[10]
In said complaint, petitioners alleged
that Lot No. 1176-A was primarily devoted to sugar production and only a small
portion thereof or about 9.92 hectares were devoted to rice and corn
production. As the entire property was still under the regime of co-ownership,
each petitioner was the pro-indiviso owner of only 9,920 square meters which
was way below the seven-hectare retention limit mandated by Presidential Decree
No. 27.[11] Despite this and the fact that neither respondents Cinamin, Acana,
Laureano, Engag, Gabiota, Jr., and Gabiota nor their predecessors-in-interest were
petitioners' tenants, emancipation patents were issued in favor of said
respondents. Moreover, petitioners claimed that respondents failed to pay the
rentals and amortizations for the lands awarded to them.
In their answer with motion to
dismiss,[12] respondents Cinamin, Acana, Laureano, Engag, Gabiota, Jr., and
Gabiota insisted that they were tenants of Lot No. 1176-A as they and their
predecessors-in-interest were duly paying the landowners' shares on the lands
they were farming such that when Pres. Decree No. 27 took effect, the
Department of Agrarian Reform (DAR) immediately recognized them as
farmer-beneficiaries. They likewise alleged that they were paying their
amortizations for the lands granted to them through the Land Bank of the
Philippines (LBP) and that aside from this, they had been paying the real
property taxes due on the subject lands.
The second case was instituted by
petitioners against respondents Vanguardia, Locsin, Gualdrapa, Goroy,
Sonquiawon, Belo, and Locsin and this was docketed as PARAD Case No.
VI-72-NO-94.[13] In this complaint, petitioners alleged that Lot No. 350-B was
primarily devoted to sugar production and only 8.10 hectares thereof, more or
less, were used for rice and corn production. Petitioners stated that as Lot 350-B
was still owned in common, each petitioner's share in the 8.10 hectares which
was supposed to be covered by Pres. Decree No. 27 would be less than the
retention limit stated in said statute. Petitioners, therefore, assailed the
issuance of emancipation patents to respondents Vanguardia, Locsin, Gualdrapa,
Goroy, Sonquiawon, Belo, and Locsin for being violative of the retention limit
imposed by Pres. Decree No. 27. The issuance of emancipation patents in this
PARAD case was likewise questioned on the grounds that respondents Vanguardia,
Locsin, Gualdrapa, Goroy, Sonquiawon, Belo, and Locsin or their
predecessors-in-interest were not tenants of Lot 350-B and that they failed to
pay for the value of the lands awarded to them prior to the issuance of emancipation
patents.
Respondents Vanguardia, Locsin,
Gualdrapa, Goroy, Sonquiawon, Belo, and Locsin countered in their answer with
motion to dismiss[14] that like the respondents in the other case, they and
their predecessors-in-interest, as tenants of Lot 350-B, paid to petitioners
the latter's share in their tenancy relationship. They also alleged that when
Pres. Decree No. 27 was implemented, they were recognized by no less than the
DAR as farmer-beneficiaries. As regards their alleged failure to pay for the value
of the portions of Lot 350-B awarded to them, respondents Vanguardia, Locsin,
Gualdrapa, Goroy, Sonquiawon, Belo, and Locsin claimed that they had been
paying their amortizations through the LBP and that they were the ones paying
the real property taxes for the lands awarded to them.
In a decision dated 22 December 1994,
the PARAD disposed of the complaints in the following manner:
WHEREFORE, premises considered, decision is hereby rendered dismissing
the complaints for utter lack of merit.
For lack of evidence, the
counterclaim is denied.[15]
According to the PARAD, petitioners
failed to support their claim that respondents were not tenants of the lands
subject of this dispute while for their part, respondents were able to prove
the existence of tenancy relationship between them and petitioners. According
to the PARAD, respondents were identified by the DAR as farmer-beneficiaries of
Pres. Decree No. 27 and Letter of Instruction No. 474 and as such, they became
owners of the land they tilled when Pres. Decree No. 27 took effect on 21
October 1972.[16] Respondents' status as tenants of Lot Nos. 1176-A and 350-B
was also corroborated by receipts evidencing their payments of rentals or
landowner's share to petitioners which were signed by petitioner Jorge Coruña
and the affidavits executed by respondents to the effect that they were tenants
in petitioners' lands.[17] As for respondents' alleged failure to pay rentals,
the PARAD ruled in this wise:
Payment of rentals to the landowner is no longer the concern of EP
beneficiaries. From the moment the EP is issued, the obligation of the EP
holder is concentrated with the Land Bank of the Philippines for purposes of
amortizations of the value of the land. It is in fact prevalent on the date the
value of the land is established (Memo Circular No. 6, Series of 1978, Curso v.
Court of Appeals, G.R. No. L-62985, April 2, 1984). In the instant case, aside
from being not the proper party, complainants [petitioners herein] presented no
concrete evidence showing that respondents failed to do so. On the contrary,
they presented LBP receipts to prove no cause of claim (Annexes
"O-15," "R-15," "Y-19," "OO,"
"OO-1," and "OO-2") against the provisions of IV-B-7 of DAR
Administrative Order No. 02, Series of 1994 which makes as a ground for
cancellation of registered EP's or (CLOAÑs), the "failure of the ARB's to
pay for at least three (3) annual amortizations to the LBP, except in cases of
fortuitous events and force majeure."[18]
Anent petitioners' contention that the
inclusion of parts of Lot Nos. 1176-A and 350-B within the coverage of Pres.
Decree No. 27 undermined their retention limit under said law, the PARAD held
that as each complainant already owned around 12.7614 hectares of agricultural
land aside from the area covered by Operation Land Transfer, they are no longer
entitled to the seven-hectare retention area. The PARAD based this finding on
the following provision of DAR Administrative Order No. 4, Series of 1991,
which was quoted in its decision:
"x x x An owner of tenanted rice and corn lands may not retain
these lands under the following cases:
x x x x
b) By virtue of LOI 474, if he as of 21 October 1976 owned less than 24
hectares of tenanted rice or corn lands but additionally owned the following:
- Other agricultural lands of more than seven hectares, whether tenanted
or not, whether cultivated or not, and regardless of income derived therefrom;
or x x x[19]
On 14 February 1995, petitioners filed a
motion for reconsideration[20] but this was denied by the PARAD.
Petitioners thereafter filed a notice of
appeal dated 29 June 1995[21] before the DARAB which, however, affirmed in toto
the decision of the PARAD.[22]
Still undaunted, petitioners then sought
relief before the Court of Appeals where their case once again failed to
prosper for in its decision dated 14 December 2001, the Court of Appeals denied
petitioners' petition for review. Petitioners' motion for reconsideration
failed to persuade the Court of Appeals and so it was denied through the Court
of Appeals' resolution dated 23 May 2002.
Hence, the present petition where
petitioners pray that we reverse and set aside the assailed decision of the
Court of Appeals and in lieu thereof a new judgment be rendered declaring as
null and void the emancipation patents and/or certificates of land transfer
issued by the DAR in favor of respondents.[23]
In their memorandum, the petitioners
raise the following issues for our consideration:
THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT INVALIDATING THE
EMANCIPATION PATENTS AND CERTIFICATES OF LAND TRANSFER AWARDED TO THE
RESPONDENTS FOR HAVING BEEN ISSUED PRIOR TO THE FULL PAYMENT OF THE
AMORTIZATION REQUIRED UNDER PRESIDENTIAL DECREE NO. 27.[24]
THE COURT OF APPEALS ERRED IN RULING THAT THE PAYMENTS MADE BY THE
RESPONDENTS TO THE LAND BANK OF THE PHILIPPINES ARE CREDITED AS VALID
AMORTIZATION PAYMENTS AS REQUIRED UNDER PRESIDENTIAL DECREE NO. 27.[25]
Petitioners contend that under both law
and jurisprudence, emancipation patents may only be issued to
farmer-beneficiaries after they had fully complied with the requirements of
Pres. Decree No. 27 including the full payment of amortization. In support of
this contention, they cite the first paragraph of Section 2, Pres. Decree No.
266[26] which states:
Sec. 2. After the tenant-farmer shall have fully complied with the
requirements for a grant of title under Presidential Decree No. 27, an
Emancipation Patent and/or Grant shall be issued by the Department of Agrarian
Reform on the basis of a duly approved survey plan.
Petitioners likewise rely on our
following pronouncement in the case of Pagtalunan v. Tamayo:[27]
x x x However, a careful study of the provisions of Pres. Decree No. 27,
and the certificate of land transfer issued to qualified farmers, will reveal
that the transfer of ownership over these lands is subject to particular terms
and conditions the compliance with which is necessary in order that the
grantees can claim the right of absolute ownership over them.
x x x x
And under Pres. Decree No. 266 which specifies the procedure for the
registration of title to lands acquired under Pres. Decree No. 27, full
compliance by the grantee with the above-mentioned undertakings is required for
a grant of title under the Tenant Emancipation Decree and the subsequent
issuance of an emancipation patent in favor of the farmer/grantee [Section 2,
Pres. Decree No. 266]. x x x.[28]
In this case, petitioners assert that
the emancipation patents were issued to respondents on various dates between
1989 and 1990 notwithstanding the fact that they were still paying their
amortizations to the LBP beyond said period in clear violation of the
provisions of Pres. Decree No. 27 and Pres. Decree No. 266.[29]
Also, petitioners insist that the payments
made by respondents to the LBP were invalid considering that Pres. Decree No.
816 requires the direct payment of amortizations to the landowners. According
to petitioners, LBP's authority for receiving payments for lands within the
coverage of Pres. Decree No. 27 was DAR Memorandum Circular No. 6, Series of
1978. However, this memorandum circular had already been declared invalid by
the Court of Appeals in the case of Gonzales v. Land Bank of the
Philippines[30] as it contravenes Pres. Decree No. 816's requirement of direct
payment to the landowners of the value of the lands subjected to Pres. Decree
No. 27.[31]
For their part, respondents claim that
they have complied with what is required of them under the law. For one,
petitioners maintain that they have been paying to the LBP the monthly
amortization due on the lands awarded to them and that in fact, some of them
had paid the LBP the full amount of their obligations.[32] They also assert
that even prior to this, they religiously paid the landowner's share in the
portions of the land that they respectively tilled.[33] Respondents likewise
point to the initiatory steps taken by the DAR in the implementation of
Operation Land Transfer program of Pres. Decree No. 27 particularly the
determination of the average gross production data per hectare conducted by the
Barangay Committee on Land Production (BCLP).[34] As the BLCP had already done
its duty of determining the value of the subject lands, respondents were then
authorized to pay for the lands awarded to them to the LBP.[35]
Anent the issue of the validity of the
payments to the LBP, respondents direct us to our holding in the case of Locsin
v. Valenzuela[36] where we declared that "(u)nder PD No. 251, dated July
21, 1973, the Land Bank is tasked to finance the acquisition of farm lots and
whenever it pays the whole or a portion of the total cost of the farm lots, it
shall be subrogated to the right of the landowner to collect and receive the
yearly amortizations or the amount paid including interest thereon, from the
tenants-farmers in whose favor the farm lots had been transferred pursuant to
PD No. 27."[37]
We find the petition partly meritorious.
As the opening paragraph of Pres. Decree
No. 27 explains, said statute was issued in order to address the then
prevailing violent conflict and social tension brought about by the iniquitous
landownership by a few. It is within this context that former President
Ferdinand Marcos deemed it proper to declare the emancipation of all
tenant-farmers effective 21 October 1972. Nevertheless, such emancipation does
not come free for the farmers who were supposed to benefit from said decree.
Indeed, a reading of the full text of said statute reveals that the transfer of
ownership over the lands covered under Pres. Decree No. 27 is still subject to
particular terms and conditions which must be complied with by the grantee.[38]
As this Court held in the case of Paris v. Alfeche[39] where one of the issues
raised was the propriety of the issuance of emancipation patents
notwithstanding lack of payment of just compensation –
Petitioner, however, claims that she was not paid just compensation and,
thus, prays for the cancellation of the Emancipation Patents issued to
respondents under PD 27. She contends that "it is illegal for the DAR to
take property without full payment of just compensation[;] until full payment
is done the title and ownership remain with the landholder."
Petitioner's contention has merit. Section 2 of PD 266 states:
"After the tenant-farmer shall have fully complied with the
requirements for a grant of title under Presidential Decree No. 27, an
Emancipation Patent and/or Grant shall be issued by the Department of Agrarian
Reform on the basis of a duly approved survey plan."
On the other hand, paragraphs 8 and 9 of PD 27 reads as follows:
"For the purpose of determining the cost of the land to be
transferred to the tenant-farmer pursuant to this Decree, the value of the land
shall be equivalent to two and one-half (2 ½) times the average harvest of
three normal crop years immediately preceding the promulgation of this Decree;
"The total cost of the land, including interest at the rate of six
(6) per centum per annum, shall be paid by the tenant in fifteen (15) years of
fifteen (15) equal annual amortizations[.]"
Although, under the law, tenant farmers are already deemed owners of the
land they till, they are still required to pay the cost of the land, including
interest, within fifteen years before the title is transferred to them. Thus,
the Court held in Association of Small Landowners in the Philippines v.
Secretary of Agrarian Reform:[40]
"It is true that PD 27 expressly ordered the emancipation of
tenant-farmers as of October 21, 1972 and declared that he shall 'be deemed the
owner' of a portion of land consisting of a family-sized farm except that 'no
title to the land owned by him was to be actually issued to him unless and
until he had become a full-fledged member of a duly recognized farmers'
cooperative.' It was understood, however, that full payment of the just
compensation also had to be made first, conformably to the constitutional
requirement."
x x x x
Presidential Decree 27 and subsequently Executive Order (EO) 228, which
recognized the rights acquired by tenant-farmers under PD 27, provide in detail
the computation to be used in arriving at the exact total cost of the parcels
of land. Evidently, therefore, the law recognizes that their exact value, or
the just compensation to be given to the landowner, cannot just be assumed; it
must be determined with certainty before the land titles are transferred.
Although EO 228 provides that the total lease rentals paid for the lands
from October 21, 1972 shall be considered as advance payment, it does not
sanction the assumption that such rentals are automatically considered as
equivalent to just compensation for the land. The provision significantly
designates the lease rentals as advance, not full payment. The determination of
the exact value of the lands cannot simply be brushed aside, as it is
fundamental to the determination of whether full payment has been made.
In the case at bar, respondents
submitted as evidence the accomplished forms of Land Valuation Summary &
Farmer's Undertaking of the LBP[41] and the average gross production prepared
by the BCLP's in Barangays Hinigaran and Payao, Binalbagan, Negros
Occidental.[42] To our mind, however, these documentary evidence, pertaining
merely to the valuation of the subject lands, do not meet the requirement of
Pres. Decree No. 27 and Pres. Decree No. 266 with respect to the issuance of
emancipation patents to respondents. Valuation of the land is only one aspect
of the whole process of agrarian reform; full compensation for the value of
land is another. As discussed above, the laws mandate the full compensation for
the lands acquired under Pres. Decree No. 27 prior to the issuance of
emancipation patents. This is understandable particularly since the
emancipation patent presupposes that the grantee thereof has already complied
with all the requirements prescribed by Pres. Decree No. 27.[43] The issuance
of emancipation patent, therefore, conclusively vests upon the farmer/grantee
the rights of absolute ownership over the land awarded to him.[44]
While this Court commiserates with
respondents in their plight, we are constrained by the explicit requirements of
the laws and jurisprudence on the matter to annul the emancipation patents
issued to respondents in the absence of any proof that they or the LBP has
already fully paid the value of the lands put under the coverage of Pres.
Decree No. 27. The requirement is unequivocal in that the values of the lands
awarded to respondents must, prior to the issuance of emancipation patents, be
paid in full.
Under the rules of evidence,
respondents, as debtors, bear the onus of showing with legal certainty that the
obligation to petitioners with respect to the value of the lands awarded to
them has been discharged by payment.[45] Sadly for respondents, they failed to
dispose of this burden as the records of this case is bereft of any evidence,
such as certifications from the proper government authorities, which would
satisfactorily establish that the requisite full payment to petitioners has
been complied with. The cancellation of the emancipation patents subject of
this case, perforce, follows. Dura lex sed lex.
Despite the cancellation of emancipation
patents in this case, respondents, however, should remain in possession of the
disputed lands. Section 22 of Republic Act No. 6657,[46] which we have ruled to
apply to lands rice and corn lands under Pres. Decree No. 27,[47] clearly
provides that "actual tenant-tillers in the landholding shall not be
ejected or removed therefrom."[48] Thus, while actual titles remain with
petitioners, respondents are entitled to maintain possession of the lands
granted to them.
We cannot, however, agree in the
petitioners' contention that the amortization payments made by respondents to
the LBP were invalid. Petitioners' reliance in the holding of the Court of
Appeals in Gonzales v. Land Bank of the Philippines[49] is unavailing. As this
Court held in Curso v. Court of Appeals,[50] there is neither inconsistency nor
incompatibility between Pres. Decree No. 816 and DAR's Memorandum Circular No.
6, Series of 1978, thus:
2. The CAR was of the opinion that as between
P.D. 816 and the MAR Circular, it is the former that should prevail. Actually,
we find no inconsistency nor incompatibility between them. Of significance are
the two "whereas" clauses of P.D. 816 quoted hereunder:
"WHEREAS, in the meanwhile that the implementing rules and
regulations of Presidential Decree No. 27 have not yet been issued completely,
the status quo shall be maintained between the parties, that is, the landowner
shall continue to pay the land taxes thereon if the said landholdings is not
yet covered by Certificate of Land Transfer, while on the other hand the
tenant-farmer who is now called agricultural lessee shall continue to pay the
rental to the landowner whether or not his landholding planted to rice and corn
is already covered by Certificate of Land Transfer;
"WHEREAS, such payment of rental shall continue until and after the
valuation of the property shall have been determined or agreed upon between the
landowner and the Department of Agrarian Reform which, in turn, will become the
basis for computing the amortization payment to be made by the agricultural
lessee in 15 years with 6% interest per annum under Presidential Decree No.
27." (Italics supplied)
Clearly, under P.D. No. 816, rentals are to be paid to the landowner by
the agricultural lessee until and after the valuation of the property shall
have been determined.
In the same vein, the MAR Circular provides:
"Payment of lease rentals to landowners covered by OLT shall
terminate on the date the value of the land is established. Thereafter, the
tenant-farmers shall pay their lease rentals/amortizations to the LBP or its
authorized agents x x x"
and
"The value of the land is established on the date the Secretary
(now Minister) or his authorized representative has finally approved the
average gross production data established by the Barangay Committee on Land
Production (BCLP) or upon the signing of the LTPA by landowners and
tenant-farmers concerned heretofore authorized."
In other words, the MAR Circular merely provides guidelines in the
payment of lease rentals/amortizations in implementation of P.D. 816. Under
both P.D. 816 and the MAR Circular, payment of lease rentals shall terminate on
the date the value of the land is established. Therafter, the tenant-farmers
shall pay amortizations to the Land Bank (LBP). The rentals previously paid are
to be credited as partial payment of the land transferred to tenant-farmers.
This was our similar holding in the case
of Sigre v. Court of Appeals[51] where we declared that there is no
"irreconcilable conflict" between P.D. No. 816 and the DAR Memorandum
Circular No. 6.
In the present case, the value of the
land located in Barangay Himaya was determined on 17 June 1988 by the BCLP[52]
while that of the land situated in Barangay Payao was ascertained on 20
December 1977.[53] Notably, these values were subsequently adopted by the
LBP.[54] As the valuation of the subject lands was already accomplished,
respondents were then authorized to course their payment through the LBP
pursuant to Pres. Decree No. 816 and DAR Memorandum Circular No. 6.
WHEREFORE, premises considered, the
present petition is PARTIALLY GRANTED and the Decision dated 14 December 2001
is hereby MODIFIED by declaring that the emancipation patents issued to
respondents are null and void. No costs.
SO ORDERED.
Panganiban, C.J., (Chairperson),
Ynares-Santiago, Austria-Martinez and Callejo, Sr., JJ., concur.
[1] Spelled as Senanin in the Answer
with Motion to Dismiss; Records, p. 9.
[2] Spelled as Egang in the Answer with
Motion to Dismiss; Id., p. 9.
[3] Spelled as Gilberto Gualdrapa in his
Affidavit; Id., p. 119.
[4] Penned by Associate Justice Marina
L. Buzon with Associate Justices Buenaventura J. Guerrero and Alicia L. Santos,
concurring; Rollo, pp. 21-28.
[5] Rollo, pp. 29-30.
[6] Id., pp. 37-48.
[7] Id., pp. 31-36.
[8] Records, p. 43.
[9] Per the decision of the DARAB, the
emancipation patents were issued to respondents in the following manner:
Lot 1176-A
Gorgonia Acana, predecessor-in-interest of Respondent-appellee Andres
Acana, EP No. 5065 covering an area of seven hundred seventy-six (776) square
meters was issued on November 29, 1989;
Saturnino Cinamin, EP No. 5344 was issued on April 26, 1990 covering an
area of 509 square meters;
Dominador Gabrieta, predecessor-in-interest of Rogelio Egang, Dominador
Gabiota, Jr., and Federico Gabiota, covering an area of two point sixty-three
(2.63) [hectares];
Gorgonia Acana, predecessor-in-interest of Andres Acana was awarded an
area covering point four ninety-four (.94) (sic) hectare[;] and
Basilio Cinamin, predecessor-in-interest of Saturnino Cinamin was
granted a portion of land covering an area of two point six (2.6) [hectares]
and Rosita Laureano.
Lot 350-B
Aurora Goroy, predecessor-in-interest of respondent Goroy, 2.5552
hectares;
Raul Vanguardia;
Roberto Gualdrapa, 9.7700 hectares;
Carlito Goroy, 6301 (sic) hectares;
Cornelio Locsin, predecessor-in-interest of Norma Locsin, 1.3626
hectares;
Leopoldo Belo, .11634 (hectare). (Rollo, pp. 39-40).
[10] Records, pp. 1-5.
[11] Decreeing the Emancipation of
Tenant from the Bondage of the Soil, Transferring to Them the Ownership of the
Land They Till and Providing the Instruments and Mechanism Therefor; issued on
21 October 1972.
[12] Records, pp. 7-10.
[13] Id., pp. 1-5.
[14] Id., pp. 9-11.
[15] Rollo, p. 36.
[16] Citing Locsin v. Valenzuela, G.R.
Nos. 51333 & 52289, 19 February 1991, 194 SCRA 194, 203.
[17] Records, p. 151-A.
[18] Rollo, pp. 35-36.
[19] Id., p. 36.
[20] Records, pp. 154-165.
[21] Id., pp. 187-188.
[22] Decision dated 07 June 2000; Id.,
pp. 224-235.
[23] Rollo, p. 244.
[24] Id., p. 239.
[25] Id., p. 242.
[26] Providing for the Mechanics of
Registration of Ownership and/or Title to Land Under Presidential Decree No.
27.
[27] G.R. No. 54281, 19 March 1990, 183
SCRA 252, 258-259.
[28] Id. at 258-259.
[29] Rollo, pp. 240-241.
[30] CA-G.R. SP No. 28906, 22 March
1993; Id., pp. 83-96.
[31] Rollo, pp. 242-243.
[32] Id., p. 150.
[33] Id., p. 121.
[34] Id., p. 197.
[35] Id., p. 124, citing Curso v. Court
of Appeals, 213 Phil. 506, 515 (1984).
[36] Supra note 16, p. 203.
[37] Rollo, p. 198.
[38] Id., p. 258.
[39] 416 Phil. 473, 486-488 (2001).
[40] G.R. Nos. 78742, 79310, 79744, and
79777, 14 July 1989, 175 SCRA 343, 390.
[41] Comment to the Appeal Memorandum,
Annexes "A," "B," "C," "D," and
"E"; Records, pp. 203-207.
[42] Comment to the Appeal Memorandum,
Annexes "F" and "G"; Id., pp. 201-202.
[43] Martillano v. Court of Appeals,
G.R. No. 148277, 29 June 2004, 433 SCRA 195, 204.
[44] Id.
[45] Jimenez v. National Labor Relations
Commission, et al., 326 Phil. 89, 95 (1996).
[46] The Comprehensive Agrarian Reform
Law of 1988.
[47] Land Bank of the Philippines v.
Court of Appeals, 378 Phil. 1248, 1260 (1999).
[48] Cited in Paris v. Alfeche, supra
note 39, p. 489.
[49] Supra note 30.
[50] Supra note 35, pp. 513-514.
[51] 435 Phil. 711, 720-721 (2002).
[52] Records, p. 201.
[53] Id., p. 202.
[54] Id., pp. 203-207.
