Archive for June, 2017


CASE 2017-0014: DUTCH MOVERS, INC., CESAR LEE AND YOLANDA LEE VS. EDILBERTO LEQUIN, ET AL.

 

DISPOSITIVE:

 

“WHEREFORE, the Petition is DENIED. The July 1, 2013 Decision and November 13, 2013 Resolution of the Court of Appeals in CA-G.R. SP 113774 are AFFIRMED with the modification that instead of reinstatement, Dutch Movers, Inc. and spouses Cesar Lee and Yolanda Lee are solidarily liable to pay respondents’ separation pay for every year of service.

 

SO ORDERED.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2017-0014-DUTCH MOVERS INC., CESAR LEE AND YOLANDA LEE VS. EDILBERTO LEQUIN ET AL.

 

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CASE 2017-0013: TEDDY CASTRO AND LAURO SEBASTIAN, VS. PABLITO V. MENDOZA, SR., ON HIS BEHALF AND AS ATTORNEY-IN-FACT OF RICARDO C. SANTOS, ARLENE C. MENDOZA, MARGIE AC DE LEON, NANCY S. REYES, MARITA PAGLINAWAN, NATIVIDAD C. MUNDA, MARILOU DE GUZMAN RAMOS, LEONCIA PRINCIPIO, CECILIA DINIO, ANGEL DELA CRUZ, ZENAIDA SANTOS, LOURDES S. LUZ, MARIFE F. CRUZ, ANTONIO H. SANTOS, CONSTANCIA SANTOS, MARCELINA ” SP. DAMEG, PLACIDO DE LEON, LILIAN SANTOS, (COLLECTIVELY ORGANIZED AS BUSTOS PUBLIC MARKET II VENDORS AND STALL OWNERS ASSOCIATION) AND MUNICIPALITY OF BUSTOS,   BULACAN,   (G.R. NO. 212778   26 APRIL 2017, JARDELEZA, J.)

 

DISPOSITIVE:

 

“WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals in CA-G.R. SP No. 108859 is AFFIRMED. The Department of Agrarian Reform Adjudication Board in DARAB Case No. 749-Bulacan ’94 is directed to compute the amount of disturbance compensation to be paid pet1t10ners Teddy Casfro and Lauro Sebastian by public respondent Municipality of Bustos, Bulacan in accordance with the provisions of Republic Act No. 3844, as amended. No costs.

 

SO ORDERED.”

 

 SUBJECTS/DOCTRINES/DIGEST:

 

IS RIGHT OF REDEMPTION AN ADJUDICATION OF OWNERSHIP?

 

NO BECAUSE ONE HAS TO REDEEM FIRST THE PROPERTY BEFORE IT CAN OWN IT.

 

IN THIS CASE THE PARAD RULING FAVORING PETITIONER SIMPLY RECOGNIZED THEIR PROPERTY RIGHT TO REDEEM THE PROPERTY BUT DID NOT RULE THAT THEY OWN THE PROPERTY.

 

SUPPOSE THERE IS ADJUDICATION OF OWNERSHIP. CAN THE COURT ISSUE WRIT FOR DELIVERY OF POSSESSION?

 

YES. POSSESSION IS AN INCIDENT OF OWNERSHIP AND WHOEVER OWNS THE PROPERTY HAS THE RIGHT TO POSSESS IT.

 

DOES CERTIFICATE OF LAND TRANSFER (CLT)  VEST OWNERSHIP IN ITS HOLDER?

 

NO. IT MERELY EVINCES THAT ITS GRANTEE IS QUALIFIED TO AVAIL HIMSELF OF THE STATUTORY MECHANISM FOR THE ACQUISITION OF OWNERSHIP OF THE LAND TILLED BY HIM AS PROVIDED UNDER P.D. NO. 27.

 

IT IS NOT A MUNIMENT OF TITLE THAT VESTS IN THE FARMER/GRANTEE ABSOLUTE OWNERSHIP OF HIS TILLAGE.

 

IT IS ONLY AFTER COMPLIANCE WITH THE CONDITIONS WHICH ENTITLE A FARMER/GRANTEE TO AN EMANCIPATION PATENT THAT HE ACQUIRES THE VESTED RIGHT OF ABSOLUTE OWNERSHIP IN THE LANDHOLDING-A RIGHT WHICH THEN WOULD HAVE BECOME FIXED AND ESTABLISHED, AND NO LONGER OPEN TO DOUBT OR CONTROVERSY.  

 

WHAT ARE THE REQUIREMENTS TO BE COMPLIED IN ORDER TO EXERCISE THE RIGHT OF REDEMPTION?

 

A) THE REDEMPTIONER MUST BE AN AGRICULTURAL LESSEE OR SHARE TENANT;

 

B) THE LAND MUST HAVE BEEN SOLD BY THE OWNER TO A THIRD PATTY WITHOUT PRIOR WRITTEN NOTICE OF THE SALE GIVEN TO THE LESSEE OR LESSEES AND THE DAR;

 

C) ONLY THE AREA CULTIVATED BY THE AGRICULTURAL LESSEE MAY BE REDEEMED; AND

 

D)  THE RIGHT OF REDEMPTION MUST BE EXERCISED WITHIN 180 DAYS FROM WRITTEN NOTICE OF THE SALE BY THE VENDEE. 83

 

WHAT IS AN INDISPENSABLE REQUIREMENT IN EXERCISING THE RIGHT OF REDEMPTION?

 

TENDER OR CONSIGNATION IS AN INDISPENSABLE REQUIREMENT.

 

HOW CAN AN OFFER TO REDEEM EFFECTED?

 

THROUGH:

 

  • A FORMAL TENDER WITH CONSIGNATION OR

 

  • A COMPLAINT FILED IN COURT COUPLED WITH CONSIGNATION OF THE REDEMPTION PRICE WITHIN THE PRESCRIBED PERIOD.

 

IS IT NOT SUFFICIENT THAT A PERSON OFFERING TO REDEEM MERELY MANIFESTS HIS DESIRE TO REPURCHASE?

 

HIS INTENTION MUST BE ACCOMPANIED BY AN ACTUAL AND SIMULTANEOUS TENDER OF PAYMENT OF THE FULL AMOUNT OF THE REPURCHASE PRICE, I.E., THE CONSIDERATION OF THE SALE,

 

OTHERWISE THE OFFER TO REDEEM WILL BE HELD INEFFECTUAL.

 

WHY SHOULD THE FULL AMOUNT OF THE REDEMPTION PRICE BE CONSIGNED IN COURT?

 

BECAUSE ONLY BY SUCH MEANS CAN THE BUYER BECOME CERTAIN THAT THE OFFER TO REDEEM IS ONE MADE SERIOUSLY AND IN GOOD FAITH.

 

DID PETITIONER VALIDLY EXERCISE THEIR RIGHT OF REDEMPTION?

 

NO. WHEN THEY FILED THEIR COMPLAINT THEY DID NOT CONSIGN THE FULL AMOUNT OF THE PRICE OF P1.2M WITH THE COURT.

 

CONSIDERING THAT PETITIONERS FAILED TO CONSIGN THE FULL REDEMPTION PRICE OF PL .2 MILLION WHEN THEY FILED THE COMPLAINT BEFORE THE PARAD IN AUGUST 22, 1994, THERE WAS NO VALID EXERCISE OF THE RIGHT TO REDEEM THE PROPERTY.

 

WHEN WILL A  REGISTERED OWNER BE PRECLUDED FROM RECOVERING POSSESSION OF HIS PROPERTY?

 

WHEN THERE WOULD BE IRREMEDIABLE INJURY  TO THE PUBLIC IN GENERAL?

 

IN ONE CASE  A REGISTERED OWNER FAILED TO RECOVER POSSESSION OF THE LITIGATED PROPERTY BECAUSE THE LAND OWNER ACQUIESCED TO PETITIONER MANILA RAILROAD COMPANY’S OCCUPATION OF THE  LAND.

 

IN THIS CASE THE PROPERTY IS NOW BEING USED AS PUBLIC MARKET.

 

BUT WHAT IS THE RELIEF AVAILABLE TO THE PETITIONERS?

 

SINCE THEY ARE VALID TENANTS-POSSESSORS OF THE PROPERTY, THEY ARE ENTITLED TO DISTURBANCE COMPENSATION UNDER SECTION 36 (1)101 OF RA 3844, AS AMENDED.

 

CASE IS REMANED TO THE DARAB FOR DETERMINATION OF DISTURBANCE COMPENSATION DUE PETITIONERS RECKONED FROM THE TIME OF THEIR ACTUAL DISPOSSESSION FROM THE PROPERTY. THE DARAB, THROUGH THE PARAD, SHALL CONDUCT A HEARING AND RECEIVE EVIDENCE FROM BOTH PETITIONERS AND THE RESPONDENT MUNICIPALITY TO DETERMINE THE AMOUNT OF DISTURBANCE COMPENSATION, AND THE AMOUNT OF RENTALS ALLEGEDLY COLLECTED BY PETITIONERS FROM THE VENDORS IN THE PUBLIC MARKET, IF ANY.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2017-0013-TEDDY CASTRO AND LAURO SEBASTIAN VS. PABLITO V. MENDOZA, SR., ET AL.

 

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