Agrarian Law Case Digest Matrix Set 1 Stef Macapagal

Title Facts Issue/s Ruling Doctrine

Association of Small
Landowners v. DAR Secretary
GR Nos. 78742, 79!", 79744,
and 79777
!4 #$ly !989
Cruz, J.
GR No. 79777% PD 27, EOs 228
& 229 & Nicolas 'anaay and (is
wife own a 9)(ectare riceland*
w(ile A+$stin ,ermano, #r.
owned -. .(ey /ot( (ave fo$r
tenants eac( on t(eir res0ective
land(oldin+s, w(o were declared
f$ll owners of t(e said lands /y
12 228 as 3$alified farmers
$nder 4D 27.
.(e 'anaays and ,ermano
3$estion t(e constit$tionality of
4D 27 and 12s 228 and 229.
GR No. 79310% PP 131, EO 229
& Landowners and s$+ar 0lanters
in t(e 5ictorias 'ill District in
Ne+ros, as well as 4lanters6
7ommittee, 8nc. see9 to 0ro(i/it
t(e im0lementation of 44 !!
and 12 229 for /ein+ violative
of t(e constit$tional 0rovisions
on :$st com0ensation, d$e
0rocess, and e3$al 0rotection.
S$/se3$ently, t(e National
;ederation of S$+arcane 4lanters
<NAS4=, 'an$el >arcelona, and
4r$dencio Serrano filed t(eir
own 0etitions, w(ic( also
assailed t(e constit$tionality of
t(e a/ovementioned stat$tes.
GR No. 79744% EOs 228 & 229
& 8nocentes 4a/ico alle+es t(at
t(e t(en DAR Secretary 0laced
(is land(oldin+ $nder t(e
covera+e of 2L., in violation of
d$e 0rocess and t(e re3$irement
for :$st com0ensation.
7ertificates of Land .ransfer
were s$/se3$ently iss$ed to
?@N 4D 27, 44 !!, and 12s
228 and 229 were validly
enacted.
?@N t(e 7AR4 f$nd 0rovision in
44!! conforms to t(e
re3$irements of a valid
a00ro0riation.
?@N 44 !! and 12 229 s(o$ld
/e invalidated /eca$se t(ey do
not 0rovide for retention limits.
A1S. .(e 0rom$l+ation of 4D
27 /y 4res. 'arcos in t(e
eBercise of (is 0owers $nder
martial law (as already /een
s$stained and t(ere is no reason
to modify or reverse it on t(at
iss$e. As for t(e 0ower of 4res.
A3$ino to 0rom$l+ate 44 !!
and 12s 228 C 229, t(e same
was a$t(oriDed /y Sec. E of t(e
.ransitory 4rovisions of t(e
!987 7onstit$tion. Si+nificantly,
t(e 7on+ress s(e is alle+ed to
(ave $nderc$t (as not re:ected
/$t in fact s$/stantially affirmed
t(e c(allen+ed meas$res and (as
s0ecifically 0rovided t(at t(ey
s(all /e s$00letory to RA EE-7
w(enever not inconsistent wit(
its 0rovisions.
N2. 44 !! is not an
a00ro0riation meas$re even if it
does 0rovide for t(e creation of
t(e said f$nd, for t(at is not its
0rinci0al 0$r0ose. An
a00ro0riation law is one t(e
0rimary and s0ecific 0$r0ose of
w(ic( is to a$t(oriDe t(e release
of 0$/lic f$nds from t(e
treas$ry. .(e creation of t(e f$nd
is only incidental to t(e main
o/:ective of t(e 0roclamation,
w(ic( is a+rarian reform.
N2. .(is ar+$ment is no lon+er
tena/le /eca$se RA EE-7 does
0rovide for s$c( limits now in
Section E of t(e law. As s$c(,
landowners w(o were $na/le to
eBercise t(eir ri+(ts of retention
$nder 4D 27 s(all en:oy t(e
retention ri+(ts +ranted /y RA
.o t(e eBtent t(at t(e meas$res
$nder c(allen+e merely 0rescri/e
retention limits for landowners,
t(ere is an eBercise of 0olice
0ower for t(e re+$lation of
0rivate 0ro0erty in accordance
wit( t(e 7onstit$tion. >$t w(ere,
to carry o$t s$c( re+$lation, it
/ecomes necessary to de0rive
s$c( owners of w(atever lands
t(ey may own in eBcess of t(e
maBim$m area allowed, t(ere is
definitely a ta9in+ $nder t(e
0ower of eminent domain for
w(ic( 0ayment of :$st
com0ensation is im0erative.
.itle to all eB0ro0riated
0ro0erties s(all /e transferred to
t(e State only $0on f$ll 0ayment
of com0ensation to t(eir
res0ective owners.
Obiter: One of the basic
rinci!es of the "e#ocratic
s$ste# is that %here the ri&hts of
the in"i'i"ua! are concerne", the
en" "oes not (ustif$ the #eans.
)here is no *uestion that not
e'en the stron&est #ora!
con'iction or the #ost ur&ent
ub!ic nee", sub(ect on!$ to a fe%
notab!e e+cetions, %i!! e+cuse
the b$assin& of an in"i'i"ua!,s
ri&hts. -t is no e+a&&eration to
sa$ that a erson in'o.in& a
ri&ht &uarantee" un"er /rt --- of
the Constitution is a #a(orit$ of
one e'en as a&ainst the rest of
the nation %ho %ou!" "en$ hi#
that ri&ht.
1
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
tenants, w(o t(en ref$sed to 0ay
lease rentals to (im. ,e t(en
0rotested t(e erroneo$s incl$sion
of (is small land(oldin+ $nder
2L. and as9ed for t(e recall and
cancellation of t(e said 7L.s,
w(ic( was denied wit(o$t
(earin+. Alt(o$+( (e filed an
'R, 12s 228 and 229 were
iss$ed, renderin+ (is 'R moot
and academic /eca$se t(e said
12s directly effected t(e transfer
of (is land to (is farmers)tenants.
GR No. 78742% PD 310 & .(e
Association of Small
Landowners in t(e 4(ili00ines
invo9es t(e ri+(t of retention
+ranted /y 4D 27 to owners of
rice and corn lands not eBceedin+
7 (ectares as lon+ as t(ey are
c$ltivatin+ or intend to c$ltivate
t(e same. .(eir res0ective lands
do not eBceed t(e stat$tory limit
/$t are occ$0ied /y tenants w(o
are act$ally c$ltivatin+ s$c(
lands.
>eca$se 4D !E 0rovides t(at no
tenant)farmer in a+ric$lt$ral
lands 0rimarily devoted to rice
and corn s(all /e e:ected or
removed from (is farm(oldin+
$ntil s$c( time as t(e res0ective
ri+(ts of t(e tenant)farmers and
t(e landowner s(all (ave /een
determined, t(ey 0etitioned t(e
7o$rt for a writ of mandam$s to
com0el t(e DAR Secretary to
iss$e t(e 8RR, as t(ey co$ld not
e:ect t(eir tenants and so are
$na/le to en:oy t(eir ri+(t of
retention.
?@N t(e assailed stat$tes violate
t(e e3$al 0rotection cla$se.
?@N t(e assailed stat$tes are
valid eBercises of 0olice 0ower.
EE-7 $nder t(e conditions
t(erein 0rescri/ed.
N2. .(e 0etitioners (ave not
s(own t(at t(ey /elon+ to a
different class and entitled to a
different treatment. .(e
ar+$ment t(at not only
landowners /$t also owners of
ot(er 0ro0erties m$st /e made to
s(are t(e /$rden of
im0lementin+ land reform m$st
/e re:ected. .(ere is a s$/stantial
distinction /etween t(ese two
classes of owners t(at is clearly
visi/le eBce0t to t(ose w(o will
not see.
A1S. .(e s$/:ect and 0$r0ose of
a+rarian reform (ave /een laid
down /y t(e 7onstit$tion itself,
w(ic( satisfies t(e first
re3$irement of a lawf$l s$/:ect.
,owever, o/:ection is raised to
t(e manner of fiBin+ t(e :$st
com0ensation, w(ic( it is
claimed is entr$sted to t(e
administrative a$t(orities in
violation of :$dicial 0rero+atives.
,owever, t(ere is no
ar/itrariness in t(e 0rovision, as
t(e determination of :$st
com0ensation /y t(e DAR is not
/y any means final and
concl$sive $0on t(e landowner
or any ot(er interested 0arty,
/eca$se t(e law 0rovides t(at t(e
determination made /y t(e DAR
is only 0reliminary $nless
acce0ted /y all 0arties
concerned. 2t(erwise, t(e co$rts
will still (ave t(e ri+(t to review
wit( finality t(e said
determination.
2
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
?@N t(e content and manner of
:$st com0ensation 0rovided for
in t(e 7AR4 Law is violative of
t(e 7onstit$tion.
?@N t(e 7AR4 and 12 228
contravene a well)acce0ted
0rinci0le of eminent domain /y
divestin+ t(e landowner of (is
0ro0erty even /efore act$al
0ayment to (im in f$ll of :$st
com0ensation.
N2. Alt(o$+( t(e traditional
medi$m for 0ayment of :$st
com0ensation is money and no
ot(er, w(at is /ein+ dealt wit(
(ere is not t(e traditional
eBercise of t(e 0ower of eminent
domain. .(is is a revol$tionary
9ind of eB0ro0riation, w(ic(
involves not mere millions of
0esos. .(e initially intended
amo$nt of 4-"> may not /e
eno$+(, and is in fact not even
f$lly availa/le at t(is time. .(e
invalidation of t(e said section
will res$lt in t(e n$llification of
t(e entire 0ro+ram.
N2. 12 228 cate+orically stated
t(at all 3$alified farmer)
/eneficiaries were deemed f$ll
owners of t(e land t(ey ac3$ired
$nder 4D 27, after 0roof of f$ll)
fled+ed mem/ers(i0 in t(e
farmers6 coo0eratives and f$ll
0ayment of :$st com0ensation.
.(e 7AR4 Law, for its 0art,
conditions t(e transfer of
0ossession and owners(i0 of t(e
land to t(e +overnment on
recei0t /y t(e landowner of t(e
corres0ondin+ 0ayment or t(e
de0osit /y t(e DAR of t(e
com0ensation in cas( or L>4
/onds wit( an accessi/le /an9.
Fntil t(en, title also remains wit(
t(e landowner.
Si+re v. 7A
GR Nos. !"9-E8 and !!4-4
8 A$+$st 2""2
/ustria12artinez, J.
'atias A$say owned a 0arcel of
irri+ated rice land in 8loilo, in
w(ic( 1rnesto Si+re was a
tenant. Si+re 0revio$sly (ad /een
0ayin+ A$say a lease rental of !E
cavans 0er cro0, /$t sto00ed
0ayin+ in !99!)92. 8nstead, (e
?@N 4D 27 sanctions '7 E. A1S. 8t was 0$rs$ant to 4D 27
t(at '7 E was iss$ed /y t(e
DAR. .(e 7irc$lar was meant to
remedy t(e sit$ation w(ere t(e
tenant)farmer6s lease rentals to
t(e landowner were not credited
in (is favor a+ainst t(e
.(e 0ower of s$/ordinate
le+islation allows administrative
/odies to im0lement t(e /road
0olicies laid down in a stat$te /y
Gfillin+ inH t(e details. All t(at is
re3$ired is t(at t(e re+$lation
s(o$ld /e +ermane to t(e o/:ects
3
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
remitted t(e 0ayments to t(e
L>4 0$rs$ant to DAR6s
'emorand$m 7irc$lar No. E
<'7 E=, w(ic( set t(e +$idelines
in t(e 0ayment of lease
rental@0artial 0ayment /y farmer)
/eneficiaries $nder t(e land
transfer 0ro+ram of 4D 27.
Lilia GonDales, co)administratriB
of A$say6s estate, filed a 0etition
for 0ro(i/ition and mandam$s
wit( t(e 7A, see9in+ to 0ro(i/it
t(e L>4 from acce0tin+ Si+re6s
lease(old rentals. Accordin+ to
GonDales, s(e (ad no notice t(at
DAR (ad already fiBed t(e val$e
of t(e land. ,er 0etition also
assails t(e validity of '7 E and
4D 27.
.(e 7A t(en declared '7 E n$ll
and void, and directed t(e L>4
to ret$rn to GonDales t(e lease
rentals 0aid /y Si+re, and Si+re
to 0ay t(e rentals directly to
GonDales.
?@N an irreconcila/le conflict
eBists /etween 4D 8!E and '7
E, s$c( t(at 4D 8!E m$st 0revail
over '7 E.
?@N 4D 27 is $nconstit$tional
for settin+ limitations on t(e
:$dicial 0rero+ative of
determinin+ :$st com0ensation.
?@N RA EE-7 s$0erseded or
re0ealed 4D 27.
determined 0$rc(ase 0rice of t(e
land, t($s ma9in+ (im a
0er0et$al o/li+or for said
0$rc(ase 0rice. Since t(e assailed
7irc$lar essentially so$+(t to
accom0lis( t(e no/le 0$r0ose of
4D 27, it is t(erefore valid.
N2. 4D 8!E 0rovides t(at t(e
tenant)farmer s(all 0ay lease
rentals to t(e landowner $ntil t(e
val$e of t(e 0ro0erty (as /een
determined or a+reed $0on /y
t(e landowner and t(e DAR. 2n
t(e ot(er (and, '7 E mandates
t(at t(e tenant)farmer s(all 0ay
to t(e L>4 t(e lease rental after
t(e val$e of t(e land (as /een
determined. .($s, t(ere is no
incom0ati/ility /etween t(ese
two. 2n t(e contrary, t(e two
s$00lement eac( ot(er as t(ey set
t(e +$idelines for t(e 0ayments
of lease rentals on t(e
a+ric$lt$ral 0ro0erty.
N2. #$ris0r$dence (as $0(eld
t(e constit$tionality of t(e said
decree. 'oreover, t(e
determination of :$st
com0ensation $nder 4D 27 is not
final or concl$sive, /eca$se
$nless /ot( t(e landowner and
t(e tenant)farmer acce0t t(e
val$ation /y DAR, t(e 0arties
may /rin+ t(e dis0$te to co$rt in
order to determine t(e
a00ro0riate amo$nt of
com0ensation.
N2. Accordin+ to 12 229, 4D
27 as amended s(all contin$e to
o0erate wit( res0ect to rice and
corn lands, covered t(ere$nder.
and 0$r0oses of t(e law* t(at t(e
re+$lation /e not in contradiction
to /$t in conformity wit( t(e
standards 0rescri/ed /y law.
4
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
?(atever 0rovisions of 4D 27
t(at are not inconsistent wit( RA
EE-7 s(all /e s$00letory to t(e
latter, and all ri+(ts ac3$ired /y
t(e tenant)farmer $nder 4D 27
are retained even wit( t(e
0assa+e of RA EE-7.
2ffice of t(e 4resident v. 7A and
,eirs of #ose Reyes
GR No. !!2!E
!9 #$ly 2""!
Par"o, J.
A$rora .inio)Reyes owned 24
(ectares of land in N$eva 1ci:a,
w(ic( s(e /e3$eat(ed to (er 9
c(ildren $0on (er deat(, one of
w(ic( was #ose.
?(en #ose tried to +et a .7.
over (is lot, (e was told t(at (e
first needed a clearance from t(e
DAR attestin+ to t(e non)
incl$sion of (is land in t(e 2L..
,owever, t(e 4AR2 r$led t(at
(is land was covered $nder t(e
2L..
.(e DAR t(en iss$ed !2 .7.s
in (is favor after (e a00ealed t(e
4AR2 Decision. ,owever,
s$/se3$ently, t(e Secretary of
t(e 2ffice of t(e 4resident
affirmed t(e 4AR2 as A$rora6s
will was not re+istered 0rior to
4D 276s effectivity, and t($s
co$ld not /ind t(ird 0ersons.
?(en #ose a00ealed, t(e 7A
reversed t(e Secretary6s 2rder.
?@N #ose6s land s(o$ld /e
covered /y t(e 2L. $nder RA
EE-7 or 4D 27.
N2. .(ere is no do$/t t(at t(e
ori+inal land(oldin+ of A$rora,
consistin+ of 24 (ectares of
Riceland tenanted /y farmers
was covered /y 4D 27. ,owever,
t(e eB0ro0riation of t(e
land(oldin+ did not ta9e 0lace on
t(e effectivity of 4D 27, as t(e
seiD$re only ta9es effect on t(e
0ayment of :$st com0ensation*
and t(e DAR (ad not even
determined t(e :$st
com0ensation for t(e ta9in+ of
t(e land(oldin+ w(en it decreed
t(at t(e land was $nder t(e
covera+e of RA EE-7. 'oreover,
w(en A$rora died and (er
c(ildren in(erited t(e land, t(ey
only ac3$ired 2.- (ectares eac(,
w(ic( is decidedly wit(in t(e
retention area of 7 (ectares $nder
4D 27, or - (ectares $nder RA
EE-7.
SeiD$re only ta9es effect on t(e
0ayment of :$st com0ensation.
7or0$D v. Gros0e
GR No. !-297
8 #$ne 2"""
Pan&aniban, J.
Gavino 7or0$D was a farmer)
/eneficiary $nder t(e 2L.
4ro+ram of t(e DAR. 4$rs$ant to
4D 27, (e was iss$ed a
certificate of land transfer over 2
0arcels of a+ric$lt$ral land.
7or0$D t(en mort+a+ed t(e land
to t(e Gros0es. 8n t(eir mort+a+e
contract, 7or0$D allowed t(e
s0o$ses Gros0e to $se or
?@N t(e waiver of ri+(ts is
contrary to a+rarian law.
A1S. .(e sale or transfer of
ri+(ts over a 0ro0erty covered /y
a 7ertificate of Land .ransfer is
void eBce0t w(en t(e alienation
is made in favor of t(e
+overnment or t(ro$+(
(ereditary s$ccession. .(is
r$lin+ is intended to 0revent a
reversion to t(e old fe$dal
system in w(ic( t(e landowners
reac3$ire vast tracts of land, t($s
5ol$ntary s$rrender, as a mode
of eBtin+$is(ment of tenancy
relations, does not re3$ire co$rt
a00roval as lon+ as it is
convincin+ly and s$fficiently
0roved /y com0etent evidence.
Obiter:
)he far#ers, cooerati'es %ere
estab!ishe" to ro'i"e a stron&
socia! an" econo#ic
5
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
c$ltivate t(e land d$rin+ t(e
d$ration of t(e mort+a+e.
7or0$D s$/se3$ently instit$ted a
com0laint w(ic( alle+ed t(at t(e
Gros0es (ad entered t(e dis0$ted
land /y force and destroyed t(e
0alay t(at (e (ad 0lanted on it.
,owever, accordin+ to t(e
Gros0es, 7or0$D (ad already
eBec$ted a G?aiver of Ri+(tsH
over t(e land(oldin+ in favor of
t(e s0o$ses in consideration of
4-49.
4rovincial A+rarian Reform
Ad:$dicator 1rnesto .a/ara r$led
t(at 7or0$D a/andoned and
s$rrendered t(e land(oldin+ to
t(e Sama(an+ Nayon of N$eva
1ci:a. Said Sama(an+ Nayon
even 0assed Resol$tion Nos. !E
and 27 recommendin+ t(e
reallocation of said lots to t(e
Gros0es, w(o were t(e Gmost
3$alified farmers)/eneficiaries.H
.(e DARA> and t(e 7A /ot(
affirmed t(e Decision.
?@N 7or0$D (ad a/andoned (is
land(oldin+.
?@N 7or0$D (ad vol$ntarily
s$rrendered (is land(oldin+.
ne+atin+ t(e +overnment6s
0ro+ram of freein+ t(e tenant
from t(e /onda+e of t(e soil.
N2. 7or0$D6 s$rrender of
0ossession did not amo$nt to an
a/andonment /eca$se t(ere was
an o/li+ation on t(e 0art of t(e
Gros0es to ret$rn 0ossession of
t(e land(oldin+ $0on f$ll
0ayment of t(e loan. .(ere was
no clear, a/sol$te, or irrevoca/le
intent to a/andon.
A1S. 7or0$D6 intention to
s$rrender t(e land(oldin+ was
clear and $ne3$ivocal. ,e si+ned
(is conc$rrence to t(e Sama(an+
Nayon Resol$tions. ,is
vol$ntary s$rrender to t(e
Sama(an+ Nayon 3$alifies as a
s$rrender or transfer to t(e
+overnment /eca$se s$c( action
forms 0art of t(e mec(anism for
t(e dis0osition and t(e
reallocation of farm(oldin+s of
tenant)farmers w(o ref$se to
/ecome /eneficiaries of 4D 27.
or&anization to ensure that the
tenant1far#ers %i!! en(o$ on a
!astin& basis the benefits of
a&rarian refor#.
L$D ;arms v. DAR Secretary
GR No. 8E889
4 Decem/er !99"
Paras, J.
8n !988, RA EE-7 was a00roved
/y t(e 4resident of t(e
4(ili00ines. 8t incl$des t(e
raisin+ of livestoc9, 0o$ltry, and
swine in its covera+e.
8n !989, t(e Secretary of
A+rarian Reform 0rom$l+ated
t(e 8RR of Secs. !!, !, and 9
of t(e said law.
L$D ;arms, a cor0oration
en+a+ed in t(e livestoc9 and
0o$ltry /$siness, alle+edly
stands to /e adversely affected
/y t(e enforcement of certain
?@N t(e 7ARL s(o$ld incl$de
t(e raisin+ of livestoc9, 0o$ltry
and swine in its covera+e.
N2. 8t was never t(e intention of
t(e framers of t(e 7onstit$tion to
incl$de t(e livestoc9 and 0o$ltry
ind$stry in t(e covera+e of t(e
a+rarian reform 0ro+ram of t(e
+overnment. .(e intention of t(e
7ommittee was to limit t(e
a00lication of t(e word
Ga+ric$lt$reH. .($s, Section 88 of
RA EE-7 w(ic( incl$des G0rivate
a+ric$lt$ral lands devoted to
commercial livestoc9, 0o$ltry,
and swine raisin+H in t(e
definition of Gcommercial farmsH
is invalid, to t(e eBtent t(at t(e
aforecited a+ro)ind$strial
Raisin+ of livestoc9, 0o$ltry, and
swine are eBcl$ded from t(e
covera+e of t(e 7ARL.
6
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
sections of RA EE-7, of t(e
G$idelines and 4roced$res
8m0lementin+ 4rod$ction and
4rofit S(arin+ $nder RA EE-7,
and of t(e 8RR of Section !!. 8t
0rays t(at t(e aforesaid stat$tes
/e declared $nconstit$tional.
?@N t(e re3$irement in Sections
! and 2 of RA EE-7 directin+
Gcor0orate farmsH to eBec$te and
im0lement G0rod$ction)s(arin+
0lansH is $nreasona/le for /ein+
confiscatory and violative of d$e
0rocess, wit( res0ect to livestoc9
and 0o$ltry raisers.
Se0arate 20inion% 3ar#iento, J.
?@N t(e assailed 0rovisions
violate t(e e3$al 0rotection
cla$se of t(e 7onstit$tion.
activities are made to /e covered
/y t(e a+rarian reform 0ro+ram
of t(e State.
A1S. As t(ere is no reason to
incl$de livestoc9 and 0o$ltry
lands in t(e covera+e of a+rarian
reform, t(ere is no need to call
$0on t(em to distri/$te from I
of t(eir +ross sales and !"I of
t(eir net 0rofits to t(eir wor9ers
as additional com0ensation.
N2. S$/stantial distinctions eBist
/etween land directed 0$rely to
c$ltivation and (arvestin+ of
fr$its or cro0s and land
eBcl$sively $sed for livestoc9,
0o$ltry and swine raisin+ t(at
ma9e real differences%
!. .(ere are no tenants
nor landlords in
livestoc9 and 0o$ltry
/$sinesses*
2. Livestoc9 and 0o$ltry
do not s0ro$t from
land*
. Land is not a 0rimary
reso$rce*
4. Livestoc9 and 0o$ltry
0rod$ction are
ind$strial activities*
-. Livestoc9 and 0o$ltry
farmwor9ers are
covered /y minim$m
wa+e law rat(er t(an
/y tenancy law.
Natalia Realty v. DAR
GR No. !""2
!2 A$+$st !99
4e!!osi!!o, J.
44 !E7 set aside several
(ectares of land in Anti0olo, San
'ateo, and 'ontal/an as
townsite areas to a/sor/ t(e
0o0$lation overs0ill in t(e
metro0olis w(ic( were
?@N t(e Natalia 0ro0erties were
validly converted from
a+ric$lt$ral to residential land.
A1S. Natalia and 1D87
com0lied wit( all t(e
re3$irements of law, even
sec$rin+ 0rior a00roval from
DAR. As a matter of fact, t(ere
was no need for Natalia and
Lands not devoted to a+ric$lt$ral
activity are o$tside t(e covera+e
of 7ARL.
GA+ric$lt$ral landH refers to
Gland devoted to a+ric$lt$ral
7
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
desi+nated as t(e L$n+sod
Silan+an .ownsite, w(ere
Natalia Realty6s 0ro0erties were
sit$ated. 1state Develo0ers and
8nvestors 7or0oration <1D87=,
t(e develo0er of t(e Natalia
0ro0erties, was +ranted a00roval
to develo0 t(e said 0ro0erties
into low)cost (o$sin+
s$/divisions. .(e Natalia
0ro0erties t(en /ecame t(e
Anti0olo ,ills S$/division.
?(en t(e 7ARL came into
effect, t(e DAR iss$ed a Notice
of 7overa+e on t(e $ndevelo0ed
0ortions of t(e Anti0olo ,ills
S$/division. Natalia immediately
re+istered its o/:ection to t(e
said Notice and re3$ested t(e
DAR Secretary to cancel t(e
same. ,owever, mem/ers of t(e
Sama(an n+ 'a+sasa9a sa
>$ndo9 Anti0olo <SA'>A=
filed a com0laint a+ainst Natalia
and 1D87 /efore t(e DAR
Re+ional Ad:$dicator to restrain
t(em from develo0in+ areas
$nder t(eir c$ltivation. .(e RA
iss$ed a writ of 4reliminary
8n:$nction. Natalia and 1D87
a00ealed to t(e DARA> /$t t(e
latter merely remanded t(e case
to t(e RA. Natalia t(en re3$ested
t(e DAR Secretary to set aside
t(e Notice of 7overa+e. Neit(er
t(e DAR Secretary nor t(e DAR
Director concerned too9 action
on t(e 0rotest letters.
?@N t(e Natalia 0ro0erties are
covered /y t(e 7ARL.
1D87 to do so /eca$se t(e
Natalia 0ro0erties were wit(in
t(e areas set aside for t(e
L$n+sod Silan+an Reservation.
Since 44 !E7 created t(e
townsite reservation for t(e
0$r0ose of 0rovidin+ additional
(o$sin+ to t(e /$r+eonin+
0o0$lation of 'etro 'anila, it in
effect converted for residential
$se w(at were erstw(ile
a+ric$lt$ral lands 0rovided all
re3$isites were met.
N2. .(e $ndevelo0ed 0ortions
of t(e Anti0olo ,ills S$/division
cannot /e considered as
Ga+ric$lt$ral lands.H .(ese lots
were intended for residential $se.
.(ey ceased to /e a+ric$lt$ral
lands $0on a00roval of t(eir
incl$sion in t(e L$n+sod
Silan+an Reservation.
activity, and not classified as
mineral, forest, residential,
commercial, or ind$strial land.H
'orta v. 2ccidental
GR No. !24!7
!" #$ne !999
Par"o, J.
#aime 'orta and 4$rificacion
4adilla filed a s$it a+ainst #aime
2ccidental, Atty. 'ariano
>aranda, and Daniel 7orral, for
alle+edly +at(erin+ 0ili n$ts,
?@N t(e cases are 0ro0erly
co+niDa/le /y t(e DARA>.
N2. Since t(ere is a dis0$te as to
w(o is t(e ri+(tf$l owner of t(e
land, t(e iss$e is clearly o$tside
DARA>6s :$risdiction. ?(atever
findin+s made /y t(e DARA>
;or DARA> to (ave :$risdiction
over a case, t(ere m$st eBist a
tenancy relations(i0 /etween t(e
0arties. 8n order for a tenancy
a+reement to ta9e (old over a
8
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
ana(aw leaves, and cocon$ts
from t(eir res0ective land and
destroyin+ t(eir /anana and
0inea00le 0lants. 2ccidental
claimed t(at (e was a tenant of
t(e act$al owner of t(e land,
#osefina >araclan, and t(at
'orta and 4adilla were not
act$ally t(e owners of t(e land in
3$estion.
.(e trial co$rt r$led in favor of
'orta and 4adilla. 2ccidental, et
al. a00ealed, contendin+ t(at t(e
case was co+niDa/le /y t(e DAR
Ad:$dicatory >oard <DARA>=.
.($s, t(e R.7 reversed t(e
lower co$rt and r$led in favor of
2ccidental, statin+ t(at t(e case
is a tenancy)related 0ro/lem
w(ic( falls $nder t(e eBcl$sive
:$risdiction of DARA>. .(e 7A
affirmed t(e R.7.
re+ardin+ t(e owners(i0 of t(e
land are not concl$sive to settle
t(e matter. At any rate, w(oever
is declared to /e t(e ri+(tf$l
owner of t(e land, t(e case
cannot /e considered tenancy)
related for it still fails to com0ly
wit( t(e ot(er re3$irements.
Ass$min+ ar+$endo t(at #osefina
is t(e owner, t(en t(e case is not
/etween t(e landowner and
tenant. 8f, (owever, 'orta is t(e
landowner, 2ccidental cannot
claim t(at t(ere is consent to a
landowner)tenant relations(i0
/etween (im and 'orta. .($s,
for fail$re to com0ly wit( t(e
re3$isites, t(e iss$e involved is
not tenancy)related co+niDa/le
/y t(e DARA>.
Dissent% Da'i"e, CJ.
8t is a tenancy)related iss$e
/eca$se w(et(er it is #osefina or
'orta w(o is t(e owner of t(e
land is no moment. 8t does not
affect 2ccidental6s tenancy.
.enancy attac(es to t(e land. .(e
cases filed /y 'orta and 4adilla
were a clever way to defeat t(e
a+rarian law. ?(ile t(e cases
were ostensi/ly for dama+es,
t(ey were, at /ottom, a fi+(t on
iss$es incident to or arisin+ from
an a+rarian relations(i0.
dis0$te, it wo$ld /e essential to
esta/lis( all its indis0ensa/le
elements, to wit%
!. .(at t(e 0arties are t(e
landowner and t(e
tenant or a+ric$lt$ral
lessee*
2. .(e s$/:ect matter of
t(e relations(i0 is an
a+ric$lt$ral land*
. .(at t(ere is consent
/etween t(e 0arties to
t(e relations(i0*
4. .(at t(e 0$r0ose of t(e
relations(i0 is to /rin+
a/o$t a+ric$lt$ral
0rod$ction*
-. .(at t(ere is 0ersonal
c$ltivation on t(e 0art
of t(e tenant or
a+ric$lt$ral lessee* and
E. .(at t(e (arvest is
s(ared /etween t(e
landowner and t(e
tenant or a+ric$lt$ral
lessee.
Limited :$risdiction of DAR%
!. Ad:$dication of all
matters involvin+
im0lementation of
a+rarian reform*
2. Resol$tion of a+rarian
conflicts and land)
ten$re related
0ro/lems* and
. A00roval and
disa00roval of t(e
conversion,
restr$ct$rin+, or
read:$stment of
a+ric$lt$ral lands into
residential,
commercial, ind$strial,
9
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
and ot(er non)
a+ric$lt$ral $ses.
'onsanto v. Jerna
GR No. !42-9!
7 Decem/er 2""!
Pan&aniban, J.
Leonarda 'onsanto owned a
0arcel of land, w(erein #es$s and
.eresita Jerna were overseers. 8n
!99-, t(e Jernas (arvested
cocon$ts from t(e 0lantation
wit(o$t 'onsanto6s consent, and
0rocessed t(em into co0ra for t(e
0$r0ose of confirmin+ t(eir
claim t(at t(ey are tenants of t(e
land. 8t was alle+ed t(at t(e total
amo$nt t(at t(ey act$ally made
was 4E,2E2.-"* t(ey de0osited
4-,!E2.-" wit( t(e >aran+ay
Secretary of t(e locality, 9ee0in+
t(e /alance of 4!,!""."" for t(eir
la/or.
'onsanto instit$ted a criminal
case of 3$alified t(eft a+ainst t(e
Jernas, /$t t(e Jernas were
ac3$itted for lac9 of criminal
intent. .(e /aran+ay ca0tain of
t(e locality was ordered to ret$rn
to 'onsanto t(e money t(at t(e
Jernas de0osited. 'onsanto filed
an 'R for t(e ret$rn of t(e
4!,!""."".
.(e co$rt t(en r$led t(at since
t(e (arvestin+ of t(e cocon$ts
and 0rocessin+ of t(e same into
co0ra were not wit( t(e consent
of 'onsanto, t(en t(ey co$ld not
/e entitled to com0ensation for
t(eir la/or.
2n a00eal, t(e 7A r$led t(at t(e
trial co$rt (ad no :$risdiction to
order t(e Jernas to 0ay
'onsanto t(e 4!,!""."".
>eca$se t(e dis0$te involved an
a+ric$lt$ral tenancy relations(i0,
t(e matter fell wit(in t(e 0rimary
?@N an a+rarian dis0$te eBisted
/etween t(e 0arties.
?@N t(e R.7 was stri00ed of its
criminal :$risdiction w(en t(e
7A ann$lled t(e 2rder re+ardin+
t(e remainin+ 4!,!""."".
A1S.
1 .(e s$/:ect of t(e
dis0$te /etween t(em
was t(e ta9in+ of
cocon$ts from t(e
0ro0erty owned /y
'onsanto*
2. .(e Jernas were t(e
overseers of t(e
0ro0erty at t(e time of
t(e ta9in+ of t(e
cocon$ts, as can /e
+leaned from t(eir
Kasa/$tan*
. 'onsanto allowed t(e
Jernas to 0lant
cocon$t, coffee,
:ac9fr$it, and cacao as
s(own /y t(e
Kasa/$tan*
4. A ten$rial arran+ement
eBists amon+ (erein
0arties as re+ards t(e
(arvestin+ of t(e
a+ric$lt$ral 0rod$cts,
as s(own /y t(e
several remittances
made /y t(e Jernas to
'onsanto,
s$/stantiated /y
recei0ts.
N2. .(ere is no 3$estion t(at t(e
R.7 (ad criminal :$risdiction to
try t(e Jernas for t(e crime of
3$alified t(eft. ,owever, t(e
resol$tion of t(e iss$e of w(o is
entitled to t(e 4!,!""."" falls
s3$arely wit(in t(e :$risdiction
of t(e DARA>, as it is an
a+rarian dis0$te.
.(e resol$tion of an a+rarian
dis0$te is a matter /eyond t(e
le+al com0etence of re+$lar
co$rts. .(e DARA> eBercises
0rimary :$risdictionL/ot(
ori+inal and a00ellateLto
determine and ad:$dicate all
a+rarian dis0$tes, cases,
controversies, and matters or
incidents involvin+ t(e
im0lementation of a+rarian laws
and t(eir im0lementin+ r$les and
re+$lations.
An a+rarian dis0$te refers to any
controversy relatin+ to ten$rial
arran+ementsLw(et(er
lease(old, tenancy, stewards(i0
or ot(erwiseLover lands
devoted to a+ric$lt$re, incl$din+
<!= dis0$tes concernin+ farm
wor9ers6 associations* or <2=
re0resentation of 0ersons in
ne+otiatin+, fiBin+, maintainin+,
c(an+in+, or see9in+ to arran+e
terms or conditions of s$c(
ten$rial arran+ement.
A tenancy relations(i0 may /e
esta/lis(ed eit(er ver/ally or in
writin+, eB0ressly or im0liedly.
1!
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
and eBcl$sive :$risdiction of t(e
DARA>. 8t t(en ann$lled t(e
R.7 order re3$irin+ t(e ret$rn of
t(e 4!,!""."".
Sanc(eD v. 'arin
GR No. !7!4E
!9 2cto/er 2""7
Chico15azario, J.
David ;eliB owned a fis(0ond.
#aime Sanc(eD was instit$ted as
a tenant on t(e said fis(0ond,
wit( a -"@-" s(arin+ a+reement.
After a few years, ;eliB sold and
transferred owners(i0 of t(e
s$/:ect fis(0ond to t(e 'arins.
As new owners of t(e fis(0ond,
t(ey entered into a civil law
a+reement wit( t(eir mot(er,
Jemaida, w(ic( was renewa/le
yearly.
Jenaida t(en made an
arran+ement wit( Sanc(eD
w(erein Sanc(eD wo$ld receive a
re+$lar salary and a 2"I s(are in
t(e net 0rofit of t(e fis(0ond.
?(en (er lease a+reement wit(
(er c(ildren eB0ired, Jenaida
ordered Sanc(eD to vacate t(e
0remises. Sanc(eD ref$sed,
assertin+ t(at (e was a tenant of
t(e fis(0ond and not a mere
contract$al wor9er* (ence, (e
(ad t(e ri+(t to its 0eacef$l
0ossession and sec$rity of
ten$re. ,e t(en as9ed t(e co$rt
to declare (im as a tenant of t(e
s$/:ect fis(0ond, w(ic(
s$/se3$ently did.
As Sanc(eD was already declared
as an a+ric$lt$ral tenant of t(e
fis(0ond, (e filed a 0etition to
t(e 4rovincial A+rarian Reform
Ad:$dicator <4ARAD= for t(e
fiBin+ of lease(old rentals for (is
$se of t(e fis(0ond. ,owever,
Jenaida co$ntered t(is
?@N a fis(0ond is an a+ric$lt$ral
land.
?@N a ten$rial arran+ement
eBists /etween Sanc(eD and
Jenaida 'arin.
?@N t(e DARA> (as
:$risdiction over t(e case.
N2. >y virt$e of Sec. 2, RA
788!, t(e o0eration of fis(0onds
is no lon+er considered an
a+ric$lt$ral activity, and a 0arcel
of land devoted to fis(0ond
o0eration is no lon+er an
a+ric$lt$ral land.
A1S. Alt(o$+( t(e fis(0ond is
not covered /y t(e 7ARL, it
/ears em0(asis t(at Sanc(eD6
stat$s as a tenant in t(e s$/:ect
fis(0ond and (is ri+(t to sec$rity
of ten$re were already 0revio$sly
settled. ,avin+ /een declared as
a tenant wit( t(e ri+(t to sec$rity
of ten$re as 0rovided /y t(e law
enforced at t(e time of t(e filin+
of t(e com0laint, Sanc(eD (as
ac3$ired a vested ri+(t over t(e
s$/:ect fis(0ond. .(erefore, even
if fis(0onds were later
eBcl$ded@eBem0ted from 7ARL
covera+e, and des0ite t(e fact
t(at no 7L2A (as /een iss$ed to
Sanc(eD, t(e same cannot defeat
t(e aforesaid vested ri+(t already
+ranted and ac3$ired /y Sanc(eD
lon+ /efore t(e 0assa+e of RA
788!.
A1S. .(e 0resent case was
instit$ted as early as !99! w(en
t(e law a00lica/le was still RA
EE-7, and fis(0onds and 0rawn
farms were not yet
eBem0ted@eBcl$ded from t(e
7ARL covera+e. At t(at time,
t(ere was an a+rarian dis0$te
/etween t(e 0arties. 4rior to t(e
;is(0onds are no lon+er
considered a+ric$lt$ral lands.
11
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
a00lication /y filin+ a case wit(
t(e 4ARAD to e:ect Sanc(eD for
fail$re to 0ay t(e rent and for
fail$re to render an acco$ntin+.
.(e 4ARAD consolidated t(e 2
cases and r$led in favor of
Sanc(eD.
Jenaida a00ealed to t(e
DARA>, w(ic( affirmed t(e
4ARAD decision. .(e 7A
reversed t(e r$lin+, statin+ t(at
t(e DARA> lac9ed :$risdiction
over t(e case. 8t stated t(at Sec. 2
of RA 788!, w(ic( amended
Sec. !" of RA EE-7, eBcl$ded
0rivate lands act$ally, directly,
and eBcl$sively $sed for 0rawn
farms and fis(0onds from t(e
covera+e of t(e 7ARL, so t(at
t(e o0eration of a fis(0ond is no
lon+er considered an a+ric$lt$ral
activity. Since t(e cases are not
a+rarian dis0$tes, t(en t(e
DARA> co$ld not (ave validly
ac3$ired :$risdiction over t(e
case.
enactment of RA 788! in !99-,
t(e case was already 0endin+
a00eal /efore t(e DARA>.
,ence, t(e aforesaid
amendments cannot /e made to
a00ly to divest t(e DARA> of its
:$risdiction of t(e case. 2nce
:$risdiction is ac3$ired /y t(e
co$rt, it remains wit( it $ntil t(e
f$ll termination of t(e case.
N$esa v. 7A
GR No. !2"48
E 'arc( 2""2
6uisu#bin&, J.
?(en 5erdillo was iss$ed an
G2rder of AwardH /y t(e DAR
Secretary over 2 0arcels of land,
it (ad a condition t(at 5erdillo
s(o$ld 0ersonally c$ltivate t(e
land, and 0ay at least t(e first
installment, wit(in a 0eriod of E
mont(s.
2! years later, 5erdillo filed an
a00lication wit( t(e DAR for t(e
0$rc(ase of t(e said lots claimin+
t(at (e (ad com0lied wit( t(e
conditions set fort( in t(e 2rder
of Award. Restit$to Rivera
0rotested t(is a00lication,
claimin+ t(at it was (e w(o (ad
?@N t(e DARA> (as
:$risdiction over t(e case.
?@N t(e DARA> acted in +rave
a/$se of discretion.
N2. 5erdillo and Rivera (ad no
ten$rial, lease(old, or any
a+rarian relations w(atsoever
t(at co$ld (ave /ro$+(t t(is
controversy /etween t(em wit(in
t(e am/it of an Ga+rarian
dis0$te.H 7onse3$ently, t(e
DARA> (ad no :$risdiction over
t(e controversy and s(o$ld not
(ave ta9en co+niDance of
5erdillo6s 0etition in t(e first
0lace.
A1S. .(e revocation /y t(e
Re+ional Director of DAR of t(e
earlier 2rder of Award /y t(e
DAR Secretary falls $nder t(e
?(ile it /ears em0(asiDin+ t(at
findin+s of administrative
a+encies, w(ic( (ave ac3$ired
eB0ertise /eca$se t(eir
:$risdiction is confined to
s0ecific matters are accorded not
only res0ect /$t even finality /y
t(e co$rts, care s(o$ld /e ta9en
t(at administrative actions are
not done wit(o$t d$e re+ard to
t(e :$risdictional /o$ndaries set
/y t(e ena/lin+ law for eac(
a+ency.
.(e DAR is vested wit( t(e
0rimary :$risdiction to determine
and ad:$dicate a+rarian reform
12
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
/een in 0ossession of t(e land
and (ad /een c$ltivatin+ t(e
same. ,e also filed (is own
a00lication for t(e said 0arcels in
o00osition to t(at of 5erdillo.
After t(e DAR6s investi+ation of
t(e conflictin+ claims, it fo$nd
t(at 5erdillo violated t(e terms
of t(e 2rder of Award, and
cancelled t(e said 2rder. ,ence,
5erdillo filed wit( t(e 4rovincial
Ad:$dication >oard a 0etition for
t(e ann$lment of t(e said order.
8nstead of filin+ an Answer to
t(e 4etition, Rivera filed a
'otion to Dismiss. ,owever, t(e
DARA> 4rovincial Ad:$dicator
c(ose to resolve t(e case on t(e
merits, and r$led in favor of
5erdillo. .(e DARA> and t(e
7A affirmed t(is decision.
administrative f$nctions of t(e
DAR. .(e DARA> and its
0rovincial ad:$dicator or /oard
of ad:$dicators acted erroneo$sly
and wit( +rave a/$se of
discretion in ta9in+ co+niDance
of t(e case, t(en overt$rnin+ t(e
decision of t(e DAR Re+ional
Director and decidin+ t(e case on
t(e merits wit(o$t +ivin+ Rivera
t(e o00ort$nity to 0resent (is
case.
matters and s(all (ave t(e
eBcl$sive :$risdiction over all
matters involvin+ t(e
im0lementation of t(e a+rarian
reform 0ro+ram. .(e DARAN
(as 0rimary ori+inal and
a00ellate :$risdiction to
determine and ad:$dicate all
a+rarian dis0$tes, cases,
controversies, and matters or
incidents involvin+ t(e
im0lementation of t(e 7AR4 and
ot(er a+rarian laws and t(eir
8RRs.
An Ga+rarian dis0$teH is defined
to incl$de Gany controversy
relatin+ to ten$rial arran+ements,
w(et(er lease(old, tenancy,
stewards(i0, or ot(erwise over
lands devoted to a+ric$lt$re,
incl$din+ dis0$tes concernin+
farmwor9ers6 associations or
re0resentation of 0ersons in
ne+otiatin+, fiBin+, maintainin+,
c(an+in+ or see9in+ to arran+e
terms or conditions of s$c(
ten$rial arran+ements. 8t incl$des
any controversy relatin+ to
com0ensation of lands ac3$ired
$nder RA EE-7 and ot(er terms
and conditions of transfer and
ot(er a+rarian reform
/eneficiaries, w(et(er t(e
dis0$tants stand in t(e 0roBimate
relation of farm o0erator and
/eneficiary, landowner and
tenant, or lessor and lessee.
Alm$ete v. Andres
GR No. !2227E
2" Novem/er 2""!
7nares13antia&o, J.
Since t(e National Resettlement
and Re(a/ilitation
Administration <NARRA=
awarded a 0arcel of land to
Rodri+o Alm$ete in !9-7, (e and
(is family eBercised eBcl$sive
?@N t(e case is an a+rarian
dis0$te and, as s$c(, falls $nder
t(e DARA>6s :$risdiction.
N2. .(e action filed /y Alm$ete
/efore t(e trial co$rt was for
recovery of 0ossession and
reconveyance of title. .(e iss$e
to /e resolved was w(o /etween
Alm$ete and Andres (as a /etter
.(e :$risdiction of t(e DARA>
is limited to cases involvin+ a
tenancy relations(i0 /etween t(e
0arties.
1lements of a tenancy
13
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
0ossession over it, c$ltivatin+ it
and 0lantin+ narra, fr$it trees,
rice, corn, and le+$mes t(ereon.
,owever, in !979, an A+rarian
Reform .ec(nolo+ist re0resented
t(at Alm$ete co$ld not /e fo$nd
and t(at (e (ad waived all (is
ri+(ts as a NARRA settler. 8t was
also stated in t(e re0ort t(at t(e
act$al owner of t(e land was
'arcelo Andres, w(o was t(en
allowed to file (is (omestead
a00lication.
After t(e iss$ance of an ori+inal
certificate of title in favor of
Andres 0$rs$ant to (is
(omestead 0atent, (e and !"
ot(er armed 0ersons entered t(e
s$/:ect 0ro0erty and too9
0ossession of a00roBimately (alf
of it.
Alm$ete 3$ic9ly /ro$+(t t(e
matter t(e DAR6s attention, and
learned of t(e cancellation of (is
award and its s$/se3$ent titlin+
in favor of Andres. Alm$ete t(en
filed an action for reconveyance
and recovery of 0ossession
a+ainst Andres, w(ic( was
+ranted /y t(e co$rt.
Andres t(en filed a 0etition for
certiorari wit( t(e 7A, assailin+
t(e trial co$rt6s :$risdiction over
t(e nat$re as well as t(e s$/:ect
matter of t(e case. ,e ar+$ed
t(at since t(e s$/:ect 0ro0erty
was a+ric$lt$ral land covered /y
a (omestead 0atent, eBcl$sive
:$risdiction was wit( t(e
DARA>, and not wit( t(e
ri+(t to t(e s$/:ect 0ro0erty
considerin+ t(at /ot( of t(em are
awardees of t(e same 0ro0erty. 8t
was t($s a controversy relatin+
to owners(i0 of t(e farmland,
w(ic( is /eyond t(e am/it of t(e
0(rase Ga+rarian dis0$te.H No
:$ridical tie of landowner and
tenant was alle+ed /etween t(e
0arties, let alone t(at w(ic(
wo$ld so c(aracteriDe t(e
relations(i0 as an a+rarian
dis0$te. 7onse3$ently, t(e R.7
was com0etent to try and decide
t(e case. 8ts decision was, t($s,
valid and can no lon+er /e
dist$r/ed, after (avin+ attained
finality. Not(in+ more can /e
done wit( t(e decision eBce0t to
enforce it.
relations(i0%
!. .(e 0arties are t(e
landowner and t(e
tenant or a+ric$lt$ral
lessee*
2. .(e s$/:ect matter of
t(e relations(i0 is an
a+ric$lt$ral land*
. .(ere is consent
/etween t(e 0arties to
t(e relations(i0*
4. .(e 0$r0ose of t(e
relations(i0 is to /rin+
a/o$t a+ric$lt$ral
0rod$ction*
-. .(ere is 0ersonal
c$ltivation on t(e 0art
of t(e tenant or
a+ric$lt$ral lessee*
E. .(e (arvest is s(ared
/etween t(e landowner
and t(e tenant or
a+ric$lt$ral lessee.
14
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
re+$lar co$rts. .(e 7A r$led in
Andres6 favor, and declared t(e
r$lin+ of t(e R.7 as n$ll and
void for lac9 of :$risdiction.
7(ico v. 7A
GR No. !227"4
- #an$ary !998
8itu&, J.
4edro 7(ico claims to /e t(e
lawf$l owner of a 0arcel of land,
w(ic( t(e 'anan+(ayas were
occ$0yin+. ,e averred t(at (e
needed t(e lots for (is 0ersonal
$se /$t /eca$se t(e
'anan+(ayas ref$sed to vacate,
(e was constrained to initiate t(e
case.
.(e 'anan+(ayas assert t(at t(e
tr$e owners of t(e 0ro0erty in
3$estion, Don Rafael and DoMa
Sal$d 7(ico, were s$cceeded
$0on t(eir deat( /y t(eir son
Delfin 7(ico. .(ey also claim
t(at t(ey (ad lon+ /een in lawf$l
0ossession of t(e s$/:ect 0arcel
of land as tenants of t(e deceased
s0o$ses and t(eir son to w(om
rentals (ad /een 0aid.
.(e R.7 r$led in favor of 4edro
and ordered t(e 'anan+(ayas to
s$rrender its 0ossession. .(e
'anan+(ayas t(en initiated a
0etition for certiorari wit( t(e
7A to ann$l t(e R.7 decision
for /ein+ void. .(ey contend t(at
t(eir tenancy relations(i0 wit(
t(e ori+inal owners was an
a+rarian dis0$te co+niDa/le
eBcl$sively /y t(e DARA>. .(e
7A set aside t(e R.7 decision
on t(e +ro$nd t(at t(e dis0$te
/etween t(e 0arties was an
a+rarian reform matter.
?@N t(e dis0$te /etween t(e
0arties is a+rarian in nat$re.
N2. .(e records of t(e case fail
to s(ow any :$ridical tie /indin+
/etween t(e 0arties or t(eir
0redecessors)in)interest, let alone
t(at w(ic( wo$ld so c(aracteriDe
t(e relations(i0 as an a+rarian
dis0$te. ?orse, t(e land s$/:ect
matter of t(e controversy was not
s(own to /e an a+ric$lt$ral land*
to t(e contrary, t(e land a00ears
to /e located wit(in a residential
area. 7om0o$ndin+ t(e matter,
no recei0t, or any ot(er evidence,
was 0resented /y t(e
'anan+(ayas to 0rove t(eir
claim t(at t(e (arvest was s(ared
/etween t(e 0arties.
8n order for a tenancy relation to
ta9e serio$s (old over t(e
dis0$te, it wo$ld e essential to
first esta/lis( all its indis0ensa/le
elements. 8t is not eno$+( t(at
t(ese re3$isites are alle+ed* t(ese
re3$isites m$st /e s(own in order
to divest t(e re+$lar co$rt of its
:$risdiction in 0roceedin+s
lawf$lly /e+an /efore it.
8sidro v. 7A
GR No. L)!"--8E
!- Decem/er !99
Natividad G$tierreD owns a
0arcel of land, over w(ic( (er
sister Aniceta was an overseer.
?@N t(e 0arties (ave a ten$rial
arran+ement.
N2. >ased on t(e stat$tory
definitions of a tenant or lessee,
it is clear t(at t(ere is no tenancy
.enancy is not a 0$rely fact$al
relations(i0 de0endent on w(at
t(e alle+ed tenant does $0on t(e
15
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
Pa"i!!a, J. Aniceta allowed Remi+io 8sidro
to occ$0y t(e swam0y 0ortion of
t(e land, so t(at (e wo$ld (ave
eno$+( income to meet (is
family6s needs, wit( t(e
condition t(at (e vacate t(e
0ro0erty $0on demand. Remi+io
occ$0ied t(e land wit(o$t 0ayin+
any rental and converted t(e
same into a fis(0ond.
?(en Natividad demanded
Remi+io to ret$rn t(e land, t(e
latter ref$sed to vacate, claimin+
t(at (e (ad s0ent effort and
invested ca0ital in convertin+ t(e
same into a fis(0ond. .($s, a
com0laint for $nlawf$l detainer
was filed /y Natividad.
,owever, it was dismissed /y
t(e trial co$rt, statin+ t(at t(e
land is a+ric$lt$ral and is t($s an
a+rarian dis0$te $nder t(e
ori+inal and eBcl$sive
:$risdiction of t(e co$rts of
a+rarian relations. .(e R.7
affirmed t(e decision.
.(e 7A t(en reversed t(e lower
co$rts, and r$led t(at t(ere was
no ten$rial arran+ement /etween
t(e 0arties, and t(at Remi+io
only 0ossessed t(e 0ro0erty /y
mere tolerance.
?@N t(e case falls $nder t(e
DARA>6s :$risdiction.
or a+ric$lt$ral@lease(old
relations(i0 eBistin+ /etween t(e
0arties. .(ere was no contract or
a+reement entered into /y
Remi+io wit( Natividad nor wit(
t(e overseer of t(e 0ro0erty, for
Remi+io to c$ltivate t(e land for
a 0rice certain or to s(are (is
(arvests. Remi+io failed to
s$/stantiate (is claim t(at (e was
0ayin+ rent for t(e $se of t(e
land.
N2. A case involvin+ an
a+ric$lt$ral land does not
a$tomatically ma9e s$c( case an
a+rarian dis0$te $0on w(ic( t(e
DARA> (as :$risdiction. .(e
law 0rovides for conditions or
re3$isites /efore t(e 0ossessor of
t(e land can 3$alify as an
a+ric$lt$ral lessee or tenant, and
t(e land /ein+ a+ric$lt$ral is
only one of t(em. .(e law states
t(at an a+rarian dis0$te m$st /e a
controversy relatin+ to a ten$rial
arran+ement over lands devoted
to a+ric$lt$re. 8n t(e a/sence of a
tenancy relations(i0, t(e
com0laint for $nlawf$l detainer
is 0ro0erly wit(in t(e :$risdiction
of t(e '.7.
land. 8t is also a le+al
relations(i0. .(e intent of t(e
0arties, t(e $nderstandin+ w(en
t(e farmer is installed, and t(eir
written a+reements, 0rovided
t(ese are com0lied wit( and are
not contrary to law, are even
more im0ortant.
Fnless a 0erson esta/lis(es (is
stat$s as a de :$re tenant, (e is
not entitled to sec$rity of ten$re
nor is (e covered /y t(e Land
Reform 4ro+ram of t(e
+overnment $nder eBistin+
tenancy laws.
An a+ric$lt$ral lessee is a 0erson
w(o, /y (imself and wit( t(e aid
availa/le from wit(in (is
immediate farm (o$se(old,
c$ltivates t(e land /elon+in+ to,
or 0ossessed /y, anot(er wit( t(e
latter6s consent for t(e 0$r0oses
of 0rod$ction, for a 0rice certain
in money or in 0rod$ce or /ot(.
An a+ric$lt$ral lessor, on t(e
ot(er (and, is a nat$ral or
:$ridical 0erson w(o, eit(er as
owner, civil law lessee,
$s$fr$ct$ary, or le+al 0ossessor
lets or +rants to anot(er t(e
c$ltivation and $se of (is land for
a 0rice certain.
Sintos v. 7A
GR No. 9E489
!4 #$ly !99-
6uiason, J.
;rom !9E to !98, .eofilo
'a+arin, A+$ido 1/asco,
G$illermo and 'an$el 7asinillo,
Ser+io 7or0$s, Severino
'a+arin, R$fina 'endoDa,
5ictoria 2rilan, and ;a$sta
Salida+a (ad /een c$ltivatin+
0ortions of a 0arcel of land
owned /y Nicolas Sintos. .(ey
a+reed to 0ay (im one)fo$rt( of
?@N t(e tenants (ave a ri+(t to
dist$r/ance com0ensation.
A1S. .(ere eBisted a landlord
and tenant relations(i0 /etween
t(e 0arties. ,e allowed t(em to
c$ltivate t(e land and, in ret$rn,
received a s(are of t(e (arvest.
>ein+ tenants, t(ey are entitled to
dist$r/ance com0ensation.
?(ere 0ersons c$ltivated t(e
land and did not receive salaries
/$t a s(are in t(e 0rod$ce or t(e
cas( e3$ivalent t(ereof, t(e
relations(i0 created /etween
t(em and t(e landowner is one of
tenancy and not em0loyment.
16
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
t(eir (arvest as t(eir s(ares.
S$/se3$ently, Nicolas amended
t(e s(arin+ a+reement /y
re3$irin+ t(em to +ive (im !"
sac9s of -" 9ilos 0er sac9, 0er
(ectare, 0er (arvest. .(ereafter,
t(e said tenants 0aid (im on t(e
/asis of t(e new s(arin+ sc(eme.
?(en t(e s$/:ect 0arcel of land
was identified /y t(e 'inistry of
A+rarian Reform as covered
$nder 20eration Land .ransfer,
7ertificates of Land .ransfer
were iss$ed to t(e tenants.
Nicolas t(en as9ed for t(e
eBcl$sion of (is land(oldin+
from t(e land reform 0ro+ram,
contendin+ t(at t(e 0ortions
occ$0ied /y (is tenants were 0art
of (is land develo0ment 0ro:ect,
t(e Sintos S$/division. After
investi+ation, t(e 'AR
recommended t(e cancellation of
t(e 7L.s in favor of t(e tenants
and instead recommended t(e
award to t(em of dist$r/ance
com0ensation.
Alt(o$+( no a+reement was
reac(ed /y t(e 0arties wit(
res0ect to t(e amo$nt of
dist$r/ance com0ensation, t(e
tenants were e:ected from t(eir
land(oldin+ w(en Nicolas started
d$m0in+ sand and +ravel on t(e
0ortions t(ey were c$ltivatin+.
.(ey t(en filed a case a+ainst
Nicolas for t(e 0ayment of
dist$r/ance com0ensation.
.(e trial co$rt r$led in favor of
t(e tenants, and ordered Nicolas
17
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
to 0ay t(em dist$r/ance
com0ensation. .(e 7A affirmed
t(e trial co$rt. Nicolas a00ealed,
contendin+ t(at t(e res0ondents
do not (ave a ri+(t to t(e
com0ensation /eca$se t(ey were
not (is tenants.
4(il/ancor v. 7A
GR No. !29-72
2E #$ne 2"""
Par"o, J.
5icente ,iDon, #r. is t(e owner
of a+ric$lt$ral lands w(ic( were
tenanted /y Alfredo 4are, 4a/lo
Galan+, and Amado 5ie. ,iDon
mort+a+ed t(e s$/:ect 0ro0erty
to 4(il/ancor wit(o$t (is
tenants6 9nowled+e, and w(en (e
failed to 0ay (is o/li+ations,
4(il/ancor was a/le to ac3$ire
t(e 0ro0erty at a 0$/lic a$ction.
.(e tenants alle+edly only fo$nd
o$t a/o$t t(e mort+a+e seven
years after t(e 0$/lic a$ction,
w(en t(ey were notified /y
4(il/ancor to vacate t(e lots.
.($s, t(ey filed a com0laint for
maintenance of 0ossession wit(
redem0tion and tenancy ri+(t of
0re)em0tion a+ainst 4(il/ancor
and ,iDon wit( t(e 4rovincial
A+rarian Reform Ad:$dication
>oard <4ARA>=.
.(e 4ARA> r$led in favor of t(e
tenants and ordered 4(il/ancor
to eBec$te t(e necessary Deed of
Redem0tion in favor of t(e
tenants.
.(e DARA> and t(e 7A
affirmed t(e decision.
?@N t(e tenants co$ld still
eBercise t(eir ri+(t of
redem0tion, five years after t(e
re+istration of t(e certificate of
sale wit( t(e Re+ister of Deeds.
N2. Section !2 of RA 844
0rovides t(at t(e ri+(t of
redem0tion may /e eBercised
wit(in 2 years from t(e
re+istration of t(e sale. .(e
redem0tion 0eriod (ad already
eB0ired w(en t(e tenants filed
t(e com0laint for redem0tion.
Nevert(eless, t(e tenants may
contin$e in 0ossession and
en:oyment of t(e land in 3$estion
as le+itimate tenants /eca$se t(e
ri+(t of tenancy attac(es to t(e
land(oldin+ /y o0eration of law.
.(e lease(old relation is not
eBtin+$is(ed /y t(e alienation or
transfer of t(e le+al 0ossession of
t(e land(oldin+.
.(e ri+(t of tenancy attac(es to
t(e land(oldin+ /y o0eration of
law. .(e lease(old relation is not
eBtin+$is(ed /y t(e alienation or
transfer of t(e le+al 0ossession of
t(e land(oldin+.
,eirs of Roman Soriano v. 7A
GR No. !28!77
!- A$+$st 2""!
7nares13antia&o, J.
A 0arcel of land ori+inally
owned /y Adriano Soriano
0assed on to (is (eirs w(o leased
t(e same to t(e s0o$ses de 5era
for !- years /e+innin+ !9E7
<$ntil !982=. Roman, one
?@N t(e r$lin+ in t(e land
re+istration case in favor of t(e
s0o$ses A/alos /ecomes res
(u"icata wit( res0ect to t(e
sec$rity of ten$re ri+(ts of t(e
(eirs of Roman Soriano.
N2. ?(at is in iss$e in t(e land
re+istration case was o%nershi.
.(e sec$rity of ten$re case
/efore t(e DARA> involved t(e
iss$e of ossession. 8t is
im0ortant to note t(at alt(o$+(
Sec$rity of ten$re is a le+al
concession to a+ric$lt$ral lessees
w(ic( t(ey val$e as life itself and
de0rivation of t(eir land(oldin+s
is tantamo$nt to de0rivation of
t(eir only means of liveli(ood.
18
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
Adriano6s c(ildren, was to act as
careta9er of t(e 0ro0erty d$rin+
t(e 0eriod of t(e lease. ,owever,
in !9E8, t(e de 5era s0o$ses
o$sted (im from t(e 0ro0erty and
a00ointed 8sidro and 5idal
5ersoDa as (is s$/stit$tes.
>eca$se of t(is, Roman filed a
case for reinstatement and
reli3$idation a+ainst t(e de 5era
s0o$ses. 2n a00eal to t(e 7A, (e
won. 4rior to t(e eBec$tion of t(e
7A6s decision in !972, t(e de
5era s0o$ses and Roman entered
into a 0ost)decisional a+reement
w(erein t(e s0o$ses allowed
Roman to s$/)lease t(e 0ro0erty
as an a+ric$lt$ral tenant $ntil t(e
termination of t(e lease in !982.
.(e said a+reement was
a00roved /y t(e a+rarian co$rt.

After eBec$tin+ an eBtra:$dicial
settlement amon+ t(emselves,
Adriano6s (eirs divided t(e
0ro0erty into 2 lots. .(e first was
assi+ned to Lo$rdes, 7andido,
and t(e (eirs of Dionisia* t(e
ot(er was assi+ned to ;rancisca,
Li/rada, 1locadio, and Roman.
8n !97!, t(e first lot was sold /y
its owners to t(e s0o$ses A/alos,
w(ile t(e N of t(e second lot was
sold to t(e same s0o$ses /y
1locadio, ;rancisca, and Li/rada.
8n !97E, t(e s0o$ses A/alos filed
wit( t(e R.7 of 4an+asinan an
a00lication for re+istration of
title over t(e lots t(ey /o$+(t
from t(e (eirs of Adriano <t(e
first one and t(e N 0ro)indiviso
s(are of t(e second lot sold to
t(em=. .(e a00lication was
?@N t(e winnin+ 0arty in a land
re+istration case can effectively
e:ect t(e 0ossessor t(ereof,
w(ose sec$rity of ten$re ri+(ts
are still 0endin+ determination
/efore t(e DARA>.
t(e s0o$ses A/alos (ave /een
declared titled owners of t(e
s$/:ect land, t(e eBercise of t(eir
ri+(ts of owners(i0 are s$/:ect to
limitations t(at may /e im0osed
/y law. .(e .enancy Act
0rovides one s$c( limitation.
A+ric$lt$ral lessees are entitled
to sec$rity of ten$re and t(ey
(ave t(e ri+(t to wor9 on t(eir
res0ective land(oldin+s once t(e
lease(old relations(i0 is
esta/lis(ed.
N2. Roman6s stat$s as tenant is
yet to /e declared /y DARA>.
.(e 0revailin+ 0arty in a land
re+istration case cannot /e
0laced in 0ossession of t(e area
w(ile it is /ein+ occ$0ied /y
once claimin+ to /e an
a+ric$lt$ral tenant, 0endin+ a
declaration t(at t(e latter6s
occ$0ancy was $nlawf$l. .(is is
/eca$se if Roman6s claim of
0ossession as a tenant of t(e said
0ro0erty is 0roven, it will entitle
(im and (is (eirs to 0rotection
a+ainst dis0ossession.
.(e eBercise of owners(i0 yields
to t(e eBercise of t(e ri+(ts of an
a+ric$lt$ral tenant <as 0rovided
for in .(e .enancy Act=.
Obiter:
Possession an" o%nershi are
"istinct !e&a! concets. )here is
o%nershi %hen a thin&
ertainin& to one erson is
co#!ete!$ sub(ecte" to his %i!!
in a #anner not rohibite" b$
!a% an" consistent %ith the
ri&hts of others. O%nershi
confers certain ri&hts to the
o%ner, a#on& %hich are the
ri&ht to en(o$ the thin& o%ne"
an" the ri&ht to e+c!u"e other
ersons fro# ossession thereof.
On the other han", ossession is
"efine" as the ho!"in& of a thin&
or the en(o$#ent of a ri&ht.
9itera!!$, to ossess #eans to
actua!!$ an" h$sica!!$ occu$ a
thin& %ith or %ithout ri&ht.
Possession #a$ be ha" in t%o
%a$s: ossession in the concet
of o%ner an" ossession of a
ho!"er.
/ (u"&#ent for o%nershi "oes
not necessari!$ inc!u"e
ossession as a necessar$
inci"ent.
19
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
+ranted /y t(e R.7, and
affirmed /ot( /y t(e 7A and S7.
8n !98, Roman, alon+ wit(
1locadio and Li/rada, filed a
case a+ainst t(e A/alos s0o$ses
for ann$lment of doc$ment
and@or redem0tion, owners(i0,
and dama+es. 8t was denied /y
t(e trial co$rt.
8n !984, or !! years after t(e
a00roval of t(e 0ost)decisional
a+reement /etween Roman and
t(e s0o$ses de 5era, t(e A/alos
s0o$ses filed wit( t(e a+rarian
co$rt a motion for eBec$tion of
t(e said 0ost)decisional
a+reement w(ic( allowed Roman
Soriano to s$/)lease t(e
0ro0erty. .(e motion 0rayed t(at
t(e s0o$ses A/alos /e 0laced in
0ossession of t(e s$/:ect
0ro0erty, :ointly wit( Roman
Soriano, and to levy so m$c( of
Roman6s 0ro0erty to answer for
t(e $se and occ$0ation of Roman
of E@7 s(are of t(e 0ro0erty.
?(en Roman died in !98-, (e
was s$/stit$ted /y (is (eirs.
8t a00ears t(at in !988, t(e land
re+istration co$rt6s decision was
0artially eBec$ted /y 0artitionin+
t(e second lot into twoLone 0art
in favor of Roman and t(e ot(er
in favor of t(e s0o$ses A/alos.
Roman6s (eirs a00ealed to t(e
7A, w(ic( affirmed t(e 0artition
/$t reversed t(e order of t(e land
re+istration co$rt directin+ t(e
iss$ance of a writ of 0ossession
/eca$se of t(e 0endency of t(e
case instit$ted /y Roman a+ainst
t(e A/alos s0o$ses.
2!
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
8n !99, t(e S7 $ltimately
dismissed Roman6s case of
ann$lment of doc$ment and@or
redem0tion, owners(i0, and
dama+es a+ainst t(e A/alos
s0o$ses* as well as t(e motion
for eBec$tion instit$ted /y t(e
A/alos s0o$ses. Roman6s (eirs
t(en filed wit( t(e DARA> a
com0laint a+ainst t(e A/alos
s0o$ses for GSec$rity of .en$re
wit( 0rayer for Stat$s O$o 2rder
and 4reliminary 8n:$nction.H .(e
A/alos s0o$ses, on t(e ot(er
(and, in view of t(e S76s
dis0osition of t(e case, moved
for t(e iss$ance of an alias writ
of eBec$tion and@or writ of
0ossession to 0lace t(em in
0ossession of t(e first and N of
t(e second lot. .(e trial co$rt
(eld t(is case in a/eyance $ntil
after DARA> resolves t(e
com0laint filed /y Roman6s
(eirs. .(e A/alos s0o$ses6 'R
was denied /y t(e trial co$rt, and
on a00eal, t(e 7A reversed t(e
R.7, orderin+ t(e iss$ance of
t(e writ of 0ossession in favor of
t(e A/alos s0o$ses.
,ernandeD v. 8A7
GR No. 742
2! Se0tem/er !99"
2e"ia!"ea, J.
.(e s0o$ses .olentino owned a
0arcel of cocon$t land. .(ey (ad
0ersons livin+ on t(e said land,
w(o cleaned and cleared certain
0ortions of t(e 0lantation for t(e
0$r0ose of im0rovin+ t(e
(arvest, were identified as
G/antayH or watc(ers over t(e
0ro0erty and entitled to !@E s(are
in t(e (arvest. .(eir (o$ses were
/$ilt in a cl$ster inside t(e
0ro0erty.
?@N t(e watc(ers co$ld /e
considered as a+ric$lt$ral
tenants.

A1S. .(e watc(ers (ave /een in
contin$o$s, $ninterr$0ted
0(ysical 0ossession of t(eir
res0ective areas in t(e
land(oldin+, w(ic( t(ey (ave
cleaned and cleared for t(e
0$r0ose of im0rovin+ t(e
(arvests* t(ey (ave lived in t(e
land(oldin+ and constr$cted t(eir
(o$ses t(ereon* t(ey were 0aid in
an amo$nt e3$ivalent to !@E of
t(e (arvest d$rin+ t(e owners(i0
of t(e .olentino s0o$ses, and
?(ere a 0erson c$ltivates t(e
land and does not receive salaries
/$t a s(are in t(e 0rod$ce or t(e
cas( e3$ivalent of (is s(are in
l$m0, t(e relations(i0 is one of
tenancy and not em0loyment.
An im0ortant criterion in
determinin+ w(et(er t(e
relations(i0 is one of s(are
tenancy is c$ltivation.
.(e definition of c$ltivation is
21
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
S$/se3$ently, SAL1S, 8nc. was
a/le to ac3$ire t(e land. 8ts
0ossession was relin3$is(ed to
?enceslao ,ernandeD $nder a
civil law lease. .(e watc(ers6
0ay was red$ced to !@7 of t(e
(arvest. ,owever, from !98" to
!98, t(ey were not 0aid t(eir
s(ares.
SAL1S, 8nc. averred t(at t(e
watc(ers (ad /een e:ected from
t(e land even /efore it ac3$ired
t(e same* t($s, t(ey did not (ave
a ri+(t to a s(are of t(e (arvests,
since t(ey were not tenants. 8t
also claimed t(at $nder t(e lease
a+reement, ,ernandeD was
for/idden to ta9e any tenants,
and t(at t(ese watc(ers were
only s$/se3$ently (ired as wa+e
la/orers to do t(e 0ic9in+,
+at(erin+, and (a$lin+ of
coco$n$ts. .(e co$rt r$led in
favor of t(e watc(ers, and
declared t(em as tenants of
SAL1S, 8nc. and ?enceslao
,ernandeD. .(e latter were also
ordered to 0ay t(e former t(eir
$n0aid s(ares in t(e (arvest. .(e
7A affirmed.
t(en later, !@7 d$rin+ t(e 0eriod
of ?enceslao6s lease. .(eir
stat$s as tenants /ased on t(e
fore+oin+ cannot /e +ainsaid.
?(ere t(ey c$ltivated t(e land
and did not receive salaries /$t a
s(are in t(e 0rod$ce or t(e cas(
e3$ivalent of (is s(are in l$m0,
t(e relations(i0 is one of tenancy
and not em0loyment. .(e fact
t(at t(ey (ave ($ts erected on t(e
land(oldin+s s(ows t(ey are
tenants.
not limited merely to t(e tillin+,
0lowin+ or (arrowin+ of t(e land.
8t incl$des t(e 0romotion of
+rowt( and t(e care of t(e 0lants,
or ($s/andin+ t(e +ro$nd to
forward t(e 0rod$cts of t(e eart(
/y +eneral ind$stry.
8t may /e said t(at t(e careta9er
of an a+ric$lt$ral land can also
/e considered t(e c$ltivator of
t(e land.
RA 844 a/olis(ed and o$tlawed
s(are tenancy and 0$t in its stead
t(e a+ric$lt$ral lease(old system.
RA E89 s$/se3$ently declared
t(at s(are tenancy was contrary
to 0$/lic 0olicy. Alt(o$+( s(are
tenancy was stat$torily
a/olis(ed, lease(old tenancy for
cocon$t and s$+ar lands (as not
yet /een im0lemented. .(e
0olicy ma9ers of +overnment are
still st$dyin+ t(e feasi/ility of its
a00lication and t(e conse3$ences
of its im0lementation.
Nonet(eless, t(is did not end t(e
ri+(ts of s(are tenants in t(ese
ty0es of lands. .(e event$al +oal
of le+islation of (avin+ stron+
and inde0endent farmers wor9in+
on lands w(ic( t(ey own
remains.
5alencia v. 7A
GR No. !22E
29 A0ril 2""
4e!!osi!!o, J.
?(en 5ictor 5alencia ac3$ired
two 0arcels of land, (e entered
into civil law leases wit(
Glicerio ,enson and ;r. Andres
;lores. ,enson instit$ted
7rescenciano and 'arciano ;rias
to wor9 on t(e 0ro0erty* w(ile
;r. ;lores a00ointed t(e ;riases,
0l$s some ot(ers, as farm(ands.
,owever, in ;r. ;lores6 lease
7an a contract of civil law lease
0ro(i/it a civil law lessee from
em0loyin+ a tenant on t(e land
s$/:ect matter of t(e lease
a+reementP
A1S. Sec. E of RA 844 does not
a$tomatically a$t(oriDe a civil
law lessee to em0loy a tenant
wit(o$t t(e consent of t(e
landowner. .(e lessee m$st /e so
s0ecifically a$t(oriDed. A
different inter0retation wo$ld /e
most $nfair to t(e (a0less and
$ns$s0ectin+ landowner w(o
entered into a civil law lease
.(e ri+(t to (ire a tenant is
/asically a 0ersonal ri+(t of a
landowner, eBce0t as may /e
0rovided /y law. 8n(erent in t(e
ri+(t of land(olders to install a
tenant is t(eir a$t(ority to do so*
ot(erwise, wit(o$t s$c(
a$t(ority, civil law lessees as
land(olders cannot install a
tenant on t(e land(oldin+.
22
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
contract, t(ere was a sti0$lation
t(at (e was 0ro(i/ited from
installin+ a lease(old tenant
t(ereon. No s$c( 0ro(i/ition
eBisted in ,enson6s contract.
?(en ;r. ;lores6 lease 0eriod
eB0ired, 5alencia ordered (is
farm(ands to vacate t(e lot. .(e
farm(ands ref$sed to do so, and
act$ally even sec$red 7L.s over
t(e land in t(eir names. 7atalino
'antac, one of t(e farm(ands,
s$/se3$ently entered into a
lease(old contract $nderta9in+ to
(ave a 0rofit)s(arin+ a+reement
wit( 5alencia.
After !2 years, DAR investi+ated
t(e matter and fo$nd t(at t(e
ri+(t of t(e farm(ands to t(e land
ceased $0on t(e termination of
t(e lease contracts, eBce0t as
re+ards to 'antac, wit( w(om
5alencia entered into a tenancy
a+reement. As s$c(, it was
recommended t(at t(e 7L.s
+iven to t(e ot(er farm(ands /e
cancelled. ,owever, t(e
Re+ional 2ffice disre+arded t(e
investi+ation re0ort and r$led
t(at t(e farm(ands (ad a ri+(t to
contin$e on t(e land $ntil
ot(erwise ordered /y t(e co$rt.
2n a00eal to t(e 2ffice of t(e
4resident, t(en 1Bec. Sec.
.eofisto G$in+ona $0(eld t(e
r$lin+ of t(e DAR, wit( t(e
modification t(at t(e area
ac3$ired /y 5alencia as
(omestead /e eBcl$ded from t(e
covera+e of 4D 27.
5alencia t(en a00ealed to t(e

a+reement in +ood fait( only to
realiDe later on t(at (e can no
lon+er re+ain 0ossession of (is
0ro0erty d$e to t(e installation of
a tenant /y t(e civil law lessee.
2n t(e ot(er (and, $nder t(e
eB0ress 0rovision of Art. !E49 of
t(e 7ivil 7ode, t(e lessee cannot
assi+n t(e lease wit(o$t t(e
consent of t(e lessor, $nless t(ere
is a sti0$lation to t(e contrary. 8n
t(e case /efore $s, not only is
t(ere no sti0$lation to t(e
contrary* t(e lessee is eB0ressly
0ro(i/ited from s$/leasin+ or
enc$m/erin+ t(e land, w(ic(
incl$des installin+ a lease(old
tenant t(ereon since t(e ri+(t to
do so is an attri/$te of
owners(i0.
.enancy relations(i0 (as /een
(eld to /e of a 0ersonal
c(aracter.
Deforciants cannot install lawf$l
tenants w(o are entitled to
sec$rity of ten$re.
A contract of civil law lease can
0ro(i/it a civil law lessee from
em0loyin+ a tenant on t(e land
s$/:ect matter of t(e lease
a+reement.
1ssential re3$isites of a tenancy
relations(i0%
<!= .(e 0arties are t(e
landowner and t(e
tenant*
<2= .(e s$/:ect is
a+ric$lt$ral land*
<= .(ere is consent*
<4= .(e 0$r0ose is
a+ric$lt$ral 0rod$ction*
<-= .(ere is 0ersonal
c$ltivation* and
"6# .(ere is s(arin+ of
(arvests /etween t(e
0arties.
An alle+ation t(at an a+ric$lt$ral
tenant tilled t(e land in 3$estion
does not ma9e t(e case an
a+rarian dis0$te. 7laims t(at one
is a tenant do not a$tomatically
+ive rise to sec$rity of ten$re.
.(e elements of tenancy m$st
first /e 0roved in order to entitle
t(e claimant to sec$rity of ten$re.
.(e 0rinci0al factor in
determinin+ w(et(er a tenancy
relations(i0 eBists is intent.
23
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
7A contendin+ t(at t(e 1Bec.
Sec. erred in reco+niDin+ t(e
farm(ands as tenants, and
disallowin+ (im and (is 7
com0$lsory (eirs from
eBercisin+ t(eir ri+(t of retention
$nder RA EE-7. ,owever, t(e
7A dismissed t(e case.
.enancy is not a 0$rely fact$al
relations(i0 de0endent on w(at
t(e alle+ed tenant does $0on t(e
land. 8t is also a le+al
relations(i0.
.(e sec$rity of ten$re +$aranteed
/y o$r tenancy laws may /e
invo9ed only /y tenants "e (ure,
not /y t(ose w(o are not tr$e and
lawf$l tenants.
.(e act of s$/lettin+ to t(ird
0ersons eBtin+$is(es t(e
a+ric$lt$ral lease(old relations,
as t(is constit$tes an
a/andonment of t(e land(oldin+
d$e to a/sence of 0ersonal
c$ltivation.
Obiter:
3ocia! (ustice is for the
"eser'in&, %hether he be a
#i!!ionaire in his #ansion or a
auer in his ho'e!. -t is ne'er
(ustifie" to &i'e reference to the
oor si#!$ because the$ are
oor, or re(ect the rich si#!$
because the$ are rich, for (ustice
#ust a!%a$s be ser'e" for the
oor an" the rich a!i.e
accor"in& to the #an"ate of !a%.
-nterretare et concor"are !e&es
!e&ibus est oti#us interretan"i
#o"us. : -nterretin& an"
har#onizin& !a%s %ith !a%s is
the best #etho" of interretation.
7a/alles v. DAR
GR No. 782!4
- Decem/er !988
3ar#iento, J.
Andrea 'illenes allowed
>ienvenido A/a:on to constr$ct
a (o$se on a 0ortion of (er
land(oldin+, 0ayin+ a mont(ly
rental of 42."". 'illenes
li9ewise allowed A/a:on to 0lant
?@N A/a:on is an a+ric$lt$ral
tenant.
N2. .o invest A/a:on wit( t(e
stat$s of a tenant is 0re0ostero$s.
,e only occ$0ied a minisc$le
0ortion <E"m
2
= of a -""m
2
lot,
w(ic( cannot /y any stretc( of
ima+ination /e considered as an
1ssential re3$isites of a tenancy
relations(i0%
<7= .(e 0arties are t(e
landowner and t(e
tenant*
<8= .(e s$/:ect is
24
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
a 0ortion of t(e land, a+reein+
t(at t(e 0rod$ce t(ereof wo$ld
/e s(ared /y /ot( on a -")-"
/asis.
?(en 'illenes sold (er land to
t(e s0o$ses Art$ro and Aolanda
7a/alles, t(e s0o$ses told
A/a:on t(at t(ey intended to
/$ild a 0o$ltry close to (is (o$se
and 0ers$aded (im to transfer (is
dwellin+ to anot(er 0ortion of
t(e land(oldin+. A/a:on ref$sed
to leave, even after confrontation
/efore t(e >aran+ay 7a0tain of
t(e locality.
S$/se3$ently, Aolanda filed a
criminal case a+ainst A/a:on for
malicio$s misc(ief for (arvestin+
/ananas and :ac9fr$it from t(eir
0ro0erty wit(o$t (er 9nowled+e.
All t(e 0lantin+ on t(e 0ro0erty
(owever, (ad /een done /y
A/a:on. .(e trial co$rt ordered
t(e referral of t(e case to t(e
'inistry of A+rarian Reform for
a 0reliminary determination of
t(e relations(i0 /etween t(e
0arties. .(e 'inistry r$led t(at a
tenancy relations(i0 eBisted
/etween t(e 0arties, and, as s$c(,
t(e case is not 0ro0er for (earin+.
2n a00eal, t(e DAR <t(e new
'AR= reversed t(e findin+s and
declared t(at t(e case was 0ro0er
for trial as t(e land involved was
residential. .(e new minister of
t(e DAR, (owever, set aside t(e
said order and declared t(at t(e
criminal case was not 0ro0er for
trial, as t(ere was an eBistin+
tenancy relations(i0 /etween t(e
economic family)siDed farm.
4lantin+ camote, /ananas, and
corn on s$c( a siDe of land
cannot 0rod$ce an income
s$fficient to 0rovide a modest
standard of livin+ to meet t(e
farm family6s /asic needs. .($s,
t(e order so$+(t to /e reviewed
is 0atently contrary to t(e
declared 0olicy of RA 844.
'oreover, t(ere eBists no
tenancy relations(i0 /etween t(e
0arties /eca$se A/a:on6s stat$s is
more of a careta9er w(o was
allowed /y t(e owner o$t of
/enevolence or com0assion to
live in t(e 0remises and to (ave a
+arden of some sort. A+ric$lt$ral
0rod$ction as t(e 0rimary
0$r0ose /ein+ a/sent in t(e
arran+ement, it is clear t(at
A/a:on was never a tenant of
'illenes.
a+ric$lt$ral land*
<9= .(ere is consent*
<!"= .(e 0$r0ose is
a+ric$lt$ral 0rod$ction*
<!!= .(ere is 0ersonal
c$ltivation* and
<!2= .(ere is s(arin+ of
(arvests.
Fnless a 0erson (as esta/lis(ed
(is stat$s as a de :$re tenant, (e
is not entitled to sec$rity of
ten$re nor is (e covered /y t(e
Land Reform 4ro+ram of t(e
Government $nder eBistin+ laws.
.enancy stat$s arises only if an
occ$0ant of a 0arcel of land (as
/een +iven its 0ossession for t(e
0rimary 0$r0ose of a+ric$lt$ral
0rod$ction.
Obiter:
-f (ustice can be #ete" out no%,
%h$ %ait for it to "ro &ent!$
fro# hea'en;
25
Agrarian Law Case Digest Matrix Set 1 Stef Macapagal
0arties.
26