Adr Case Digests
Adr Case Digests
Adr Case Digests
Facts:
Issue/s:
Held:
The Supreme Court held that the COSLAP has no jurisdiction over
the subject matter of respondents’ complaint. Administrative agencies, like
the COSLAP, are tribunals of limited jurisdiction that can only wield powers
which are specifically granted to it by its enabling statute. Under Section 3 of
E.O. No. 561, the COSLAP has two options in acting on a land dispute or
problem lodged before it, to wit: (a) refer the matter to the agency having
appropriate jurisdiction for settlement/resolution; or (b) assume jurisdiction
if the matter is one of those enumerated in paragraph 2 (a) to (e) of the law,
if such case is critical and explosive in nature, taking into account the large
number of parties involved, the presence or emergence of social unrest, or
other similar critical situations requiring immediate action. In resolving
whether to assume jurisdiction over a case or to refer the same to the
particular agency concerned, the COSLAP has to consider the nature or
classification of the land involved, the parties to the case, the nature of the
questions raised, and the need for immediate and urgent action thereon to
prevent injuries to persons and damage or destruction to property. The law
does not vest jurisdiction on the COSLAP over any land dispute or problem.
II. Joaquin Ga, Jr., Judith Ga Gadnanan and Jesusa Ga Esmaña,
Petitioners, vs. Spouses Antonio Tubungan and Rosalinda Tubungan
and Norberto Ga, Respondents
Facts:
Issue/s:
Held:
The Court of Appeals was correct when it said that the proper remedy
from the decision of COSLAP is a petition for certiorari under Rule 65,
assailing the lack of jurisdiction over the disputed lot. Thus, it should have
been directly filed before the Court of Appeals not the trial court. In other
words, while respondents availed of the correct remedy, they sought the
same from the wrong court. This mistake would have rendered the assailed
COSLAP decision final and executory, were it not for its patent nullity and
invalidity. Administrative agencies like COSLAP are tribunals of limited
jurisdiction that can only wield powers which are specifically granted to it
by its enabling statute. Under Section 3 of E.O. No. 561, COSLAP has two
options in acting on a land dispute or problem lodged before it, to wit: (a)
refer the matter to the agency having appropriate jurisdiction for
settlement/resolution; or (b) assume jurisdiction if the matter is one of those
enumerated in paragraph 2 (a) to (e) of the law, if such case is critical and
explosive in nature, taking into account the large number of parties involved,
the presence or emergence of social unrest, or other similar critical situations
requiring immediate action. In resolving whether to assume jurisdiction over
a case or to refer the same to the particular agency concerned, the COSLAP
has to consider the nature or classification of the land involved, the parties to
the case, the nature of the questions raised, and the need for immediate and
urgent action thereon to prevent injuries to persons and damage or
destruction to property. The law does not vest jurisdiction on the COSLAP
over any land dispute or problem.
Thus, the COSLAP may resolve land disputes that involve only public
lands or lands of the public domain or those covered with a specific license
from the government such as a pasture lease agreement, a timber concession,
or a reservation grant. However, the lot subject of the instant petition was not
shown to fall under any of these categories of land and appears to be a
private unregistered land. Neither is the dispute between petitioners and
respondents critical and explosive in nature nor does it involve a large
number of parties that could result to social tension and unrest. It can also
hardly be characterized as involving a critical situation that requires
immediate action.
III. Davao New Town Development Corporation, Petitioner, vs.
Commission on Settlement of Land Problems (COSLAP), Public
Respondent, Ariel Onde et. al., Private Respondents.
Facts:
Issue/s: