When req’d number is not obtained, case shall be decided en banc.

SC drew a distinction b/w “cases”

and “matters” such that cases are decided while matters are resolved. Only cases are referred to SC en
banc for decision whenever req’d no. of votes is not obtained.

This case involves a land located at San Vicente, Sumilao, Bukidnon, owned by the Norberto
Quisumbing, Sr. Management and Development Corporation (NQSRMDC), one of the petitioners. The
property is covered by a Transfer Certificate of Title No. 14371 of the Registry of Deeds of the Province
of Bukidnon. 

In 1984, the land was leased as a pineapple plantation to the Philippine Packing Corporation, now Del
Monte Philippines, Inc. (DMPI), a multinational corporation, for a period of ten (10) years under the Crop
Producer and Growers Agreement duly annotated in the certificate of title. The lease expired in April,
1994.

 In October, 1991, during the existence of the lease, the Department of Agrarian Reform (DAR) placed
the entire 144-hectare property under compulsory acquisition and assessed the land value at P2.38
million.

When NQSRMDC was about to transfer the title over the 4-hectare donated to DECS, it discovered that
the title over the subject property was no longer in its name. It soon found out that during the pendency
of both the Petition for Certiorari, Prohibition, with Preliminary Injunction it filed against DAR in the
Court of Appeals and the appeal to the President filed by Governor Carlos O. Fortich, the DAR, without
giving just compensation, caused the cancellation of NQSRMDCs title on August 11, 1995 and had it
transferred in the name of the Republic of the Philippines under TCT No. T-50264 of the Registry of
Deeds of Bukidnon. Thereafter, on September 25, 1995, DAR caused the issuance of Certificates of Land
Ownership Award (CLOA) No. 00240227 and had it registered in the name of 137 farmer-beneficiaries
under TCT No. AT-3536 of the Registry of Deeds of Bukidnon.

 NQSRMDC filed a complaint with the Regional Trial Court (RTC) of Malaybalay, Bukidnon  docketed as
Civil Case No. 2687-97, for annulment and cancellation of title, damages and injunction against DAR and
141 others. The RTC then issued a Temporary Restraining Order and a Writ of Preliminary Injunction on
May 19, 1997, restraining the DAR and 141 others from entering, occupying and/or wresting from
NQSRMDC the possession of the subject land.

 Meanwhile, an Order was issued by then Executive Secretary Ruben D. Torres denying DARs motion for
reconsideration for having been filed beyond the reglementary period of fifteen (15) days. The said
order further declared that the March 29, 1996 OP decision had already become final and executory.

On December 12, 1997, a Motion For Leave To Intervene was filed by alleged farmer-beneficiaries,
through counsel, claiming that they are real parties in interest as they were previously identified by
respondent DAR as agrarian reform beneficiaries on the 144-hectare property subject of this case. The
motion was vehemently opposed by the petitioners.

In seeking the nullification of the Win-Win Resolution, the petitioners claim that the Office of the
President was prompted to issue the said resolution after a very well-managed hunger strike led by fake
farmer-beneficiary Linda Ligmon succeeded in pressuring and/or politically blackmailing the Office of the
President to come up with this purely political decision to appease the farmers, by reviving and
modifying the Decision of 29 March 1996 which has been declared final and executory in an Order of
23 June 1997. Thus, petitioners further allege, respondent then Deputy Executive Secretary Renato C.
Corona committed grave abuse of discretion and acted beyond his jurisdiction when he issued the
questioned Resolution of 7 November 1997. They availed of this extraordinary writ of certiorari because
there is no other plain, speedy and adequate remedy in the ordinary course of law. They never filed a
motion for reconsideration of the subject Resolution because (it) is patently illegal or contrary to law
and it would be a futile exercise to seek reconsideration.