Daez Vs CA

G.R. No.
133507
February 17, 2000
EUDOSIA DAEZ AND/OR HER HEIRS, REP. BY ADRIANO D. DAEZ, petitioners,

vs.THE HON. COURT OF APPEALS MACARIO SORIENTES, APOLONIO
MEDIANA, ROGELIO MACATULAD and MANUEL UMALI, respondents.
FACTS:
Eudosia Daez, now deceased, was the owner of a 4.1685-hectare Riceland which
was being cultivated by respondents Macario Soriente, Rogelio Macatulad, Apolonio
Mediana and Manuel Umali under a system of share-tenancy.
On May 31, 1981, private respondents signed an affidavit, allegedly under duress,
stating that they are not share tenants but hired laborers. Armed with such
document, Eudosia Daez applied for the exemption of said riceland from coverage
of P.D. No. 27 due to non-tenancy as well as for the cancellation of the CLTs issued to
private respondents.1wphi1.nt
DAR Undersecretary Jose C. Medina issued an Order denying Eudosia Daez's
application for exemption upon finding that her subject land is covered under LOI
No. 474, petitioner being owner of the aforesaid agricultural lands exceeding seven
(7) hectares.
DAR Secretary Leong affirmed the assailed order upon finding private respondents
to be bonafide tenants of the subject land.
Court of Appeals sustained the order of Secretary Leong. DAR issued Emancipation
Patents (EPs) to private respondents. Thereafter, the Register of Deeds of Bulacan
issued the corresponding Transfer Certificates of Title (TCTs).
ISSUE: WON CA ERRED WHEN IT RULED THAT DISTINCTION BETWEEN EXEMPTION
FROM AGRARIAN REFORM COVERAGE AND THE RIGHT OF RETENTION OF
LANDOWNERS IS ONLY A MATTER OF SEMANTICS THAT AN ADVERSE DECISION IN
THE FORMER WILL FORECLOSE FURTHER ACTION TO ENFORCE THE LATTER
CONSIDERING THAT THEY CONSTITUTE SEPARATE AND DISTINCT CAUSES OF ACTION
AND, THEREFORE, ENFORCEABLE SEPARATELY AND IN SEQUEL.
HELD: Yes.
Exemption and retention in agrarian reform are two (2) distinct concepts.
P.D. No. 27, which implemented the Operation Land Transfer (OLT) Program, covers
tenanted rice or corn lands. The requisites for coverage under the OLT program are
the following: (1) the land must be devoted to rice or corn crops; and (2) there must
be a system of share-crop or lease-tenancy obtaining therein. If either requisite is
absent, a landowner may apply for exemption. If either of these requisites is absent,
the land is not covered under OLT. Hence, a landowner need not apply for retention
where his ownership over the entire landholding is intact and undisturbed.
P.D. No. 27 grants each tenant of covered lands a five (5)-hectare lot, or in case the
land is irrigated, a three (3)-hectare lot constituting a family size farm. However,
said law allows a covered landowner to retain not more than seven (7) hectares of
his land if his aggregate landholding does not exceed twenty-four (24) hectares.
Otherwise, his entire landholding is covered without him being entitled to any
retention right20.
Consequently, a landowner may keep his entire covered landholding if its aggregate
size does not exceed the retention limit of seven (7) hectares. In effect, his land will
not be covered at all by the OLT program although all requisites for coverage are
present. LOI No. 474 clarified the effective coverage of OLT to include tenanted rice
or corn lands of seven (7) hectares or less, if the landowner owns other agricultural
lands of more than seven (7) hectares. The term "other agricultural lands" refers to
lands other than tenanted rice or corn lands from which the landowner derives
adequate income to support his family.
Thus, on one hand, exemption from coverage of OLT lies if: (1) the land is not
devoted to rice or corn crops even if it is tenanted; or (2) the land is untenanted
even though it is devoted to rice or corn crops.
On the other hand, the requisites for the exercise by the landowner of his right of
retention are the following: (1) the land must be devoted to rice or corn crops; (2)
there must be a system of share-crop or lease-tenancy obtaining therein; and (3)
the size of the landholding must not exceed twenty-four (24) hectares, or it could be
more than twenty-four (24) hectares provided that at least seven (7) hectares
thereof are covered lands and more than seven (7) hectares of it consist of "other
agricultural lands".
Clearly, then, the requisites for the grant of an application for exemption from
coverage of OLT and those for the grant of an application for the exercise of a
landowner's right of retention, are different.
Hence, it is incorrect to posit that an application for exemption and an application
for retention are one and the same thing. Being distinct remedies, finality of
judgment in one does not preclude the subsequent institution of the other. There
was, thus, no procedural impediment to the application filed by Eudosia Daez for
the retention of the subject 4.1865-hectare riceland, even after her appeal for
exemption of the same land was denied in a decision that became final and
executory.

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G.R. No.

February 17, 2000

EUDOSIA DAEZ AND/OR HER HEIRS, REP. BY ADRIANO D. DAEZ, petitioners,

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