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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

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    G.R. No. 122276  November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 122276. November 20, 2001.]

    RODRIGO ALMUETE and ANA ALMUETE, Petitioners, v. MARCELO ANDRES and THE COURT OF APPEALS, Respondents.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    The subject of this controversy is a parcel of agricultural land identified as Lot 8449 Pls-967, located at San Vicente, Angadanan, Isabela, measuring approximately 72,587 square meters. Way back on March 25, 1957, this parcel was awarded by the then National Resettlement and Rehabilitation Administration (NARRA) to petitioner Rodrigo Almuete. Since then, Rodrigo Almuete exercised exclusive possession of the property, cultivating it and planting thereon narra, fruit trees, rice, corn and legumes. For some twenty-two (22) years, Rodrigo Almuete and his family farmed the subject property peacefully and exclusively.

    However, unknown to Rodrigo Almuete, on August 17, 1979, an Agrarian Reform Technologist by the name of Leticia Gragasin filed a field investigation and inspection report stating, among others, that the whereabouts of the original awardee of the subject property, Rodrigo Almuete, was unknown and that he had "waived all his rights as a NARRA settler due to his poor health beyond his control and financial hardship." Gragasin also stated therein that "the actual occupant of the land is Marcelo Andres since April 1967 to date." She recommended to the Director of the Ministry of Agrarian Reform (MAR) in Tuguegarao, Cagayan that the award in favor of Rodrigo Almuete be cancelled and that the land be awarded to respondent Marcelo Andres. Consequently, Marcelo Andres was allowed to file his homestead application. To further support his application, Marcelo Andres represented to the MAR (now DAR) officials that sometime in 1965, Rodrigo Almuete sold the subject property to one Victor Masiglat, who gave the former a radiophono set as consideration therefor. Since Victor Masiglat was disqualified from acquiring the subject property owing to his also being a NARRA awardee, he transferred the said property to Marcelo Andres in exchange for one (1) carabao and the sum of Six Hundred Pesos (P600.00). These successive transfers were not covered by written contracts between the parties.

    On the strength of the MAR Regional Director’s recommendation and Marcelo Andres’ representations, the latter was granted and issued a homestead patent.

    In the meantime, unaware that the NARRA award in his favor had been cancelled and that a homestead patent had been issued to Marcelo Andres, Rodrigo Almuete and his family, particularly his daughter Ana Almuete, continued to cultivate and farm the subject property. In 1982, Rodrigo Almuete built a house in Barangay Fortune, Alicia, Isabela, where he resided while working as a driver for a rice mill. From time to time, he would visit the farm to deliver supplies and pay wages to the laborers who worked therein.

    In 1988, the DAR Regional Director recommended the transfer of ownership over the subject property to Marcelo Andres. On July 7, 1988, the DAR issued Original Certificate of Title (OCT) No. P-52521 in the name of Marcelo Andres, which certificate was registered in the Registry of Deeds of Isabela on January 26, 1989.

    Shortly thereafter, Marcelo Andres, accompanied by ten (10) other persons armed with bolos and other bladed implements, entered the subject property, claiming exclusive right of ownership and possession. They felled the narra trees, converting the same to lumber, and destroyed the mongos planted by the Almuetes. Marcelo Andres gained control, and took possession, of approximately half of the subject property.

    Rodrigo Almuete wasted no time in complaining to the DAR authorities of Marcelo Andres’ encroachment into and occupation of the subject property. It was only then that he learned that the subject property had been titled in the name of Marcelo Andres and that the award in his favor had been cancelled because he had allegedly abandoned the subject property. Upon Rodrigo Almuete’s inquiry, the records of the local office of the Department of Environment and Natural Resources (DENR) showed that he was still the listed owner of the subject property.

    Consequently, Rodrigo Almuete and his daughter, Ana Almuete, filed an action for reconveyance and recovery of possession against Marcelo Andres with the Regional Trial Court of Cauayan, Isabela, Branch 20, docketed as Civil Case No. Br-20-530.

    On November 26, 1993, the trial court rendered judgment as follows:chanrob1es virtual 1aw library

    WHEREFORE, judgment is hereby rendered in favor of the plaintiffs and against the defendant Marcelo Andres:chanrob1es virtual 1aw library

    (1) declaring plaintiff Rodrigo Almuete owner of the land in question, now covered by Original Certificate of Title No. P-52521 in the name of the defendant Marcelo Andres;

    (2) ordering the defendant Marcelo Andres and/or his representatives to vacate the land in question and deliver the peaceful possession thereof to the plaintiffs;

    (3) ordering the defendant Marcelo Andres to reconvey at his expense, the title, OCT No. P-52521, to the plaintiff Rodrigo Almuete; and

    (4) ordering the defendant Marcelo Andres to pay to the plaintiffs P13,000.00 by way of attorney’s fees.

    Costs against the defendant.

    SO ORDERED. 1

    The trial court found that Marcelo Andres did not acquire any right over the subject property when he supposedly bought it from Victor Masiglat because the latter never acquired ownership from the original owner, Rodrigo Almuete. Besides, defendant Marcelo Andres could not present any valid document to prove his acquisition of the said property. It also found that Rodrigo Almuete did not abandon the subject property. Rather, Leticia Gragasin of the MAR made obviously false assertions in her report, knowingly misleading the Regional Director into cancelling the name of Rodrigo Almuete as an awardee and issuing the homestead patent in the name of Marcelo Andres. Hence, the cancellation of Rodrigo Almuete’s award and the issuance of the homestead patent in favor of Marcelo Andres were perpetrated through fraud.chanrob1es virtua1 1aw 1ibrary

    Marcelo Andres failed to appeal; thus, the trial court’s decision became final and executory. On February 15, 1994, a writ of execution was issued. Marcelo Andres filed a motion to quash the writ of execution, but the trial court did not act on it on the ground that it had no more jurisdiction over the case. 2

    Marcelo Andres filed a petition for certiorari before the Court of Appeals, stating at the outset that his counsel had failed to file a timely motion for reconsideration of the decision or an appeal due to "sheer ignorance of the law." 3 In his petition, Andres assailed the trial court’s jurisdiction over the nature as well as the subject matter of the case. He argued that since the subject property was agricultural land covered by a homestead patent, exclusive jurisdiction was with the Department of Agrarian Reform Adjudication Board (or DARAB), not with the regular courts. Respondent Andres also stressed that the original action was for ejectment, which was cognizable by the municipal trial courts, not by the Regional Trial Courts. Consequently, for want of jurisdiction, the trial court’s decision was null and void; and cannot be enforced by writ of execution or any other legal means.

    On August 9, 1995, the Court of Appeals rendered the impugned Decision, disposing as follows:chanrob1es virtual 1aw library

    WHEREFORE, finding the petition meritorious, the writ of certiorari prayed for is GRANTED. Judgment is rendered DISMISSING Civil Case No. Br. 20-530 of the Regional Trial Court, Branch 20, Cauayan, Isabela and declaring the decision rendered therein, the order granting the motion for execution and the writ of execution issued NULL and VOID. In the event the writ of execution has been carried out, respondent Court is ordered to restore petitioner in possession of the land, to cancel whatever new title may have been issued to private respondents, to reinstate petitioner’s OCT P-52521, and the restitution of whatever sums collected from petitioner as expenses of reconveyance or attorney’s fees. Respondent Court is ordered to restore the status quo before the complaint, the decision and the writ of execution.

    SO ORDERED. 4

    Petitioners moved for the reconsideration of the decision. On October 6, 1995, the Court of Appeals issued the assailed Resolution, 5 denying the motion for reconsideration.

    Hence, the instant petition for review, ascribing to the Court of Appeals grave abuse of discretion amounting to lack or excess of jurisdiction when:chanrob1es virtual 1aw library

    I.. it gave due course to the Petition for Certiorari of the respondent Marcelo Andres, dated June 10, 1994, questioning the Decision of the Regional Trial Court, Branch 20, Cauayan, Isabela, dated November 26, 1993, clearly seven (7) months after the decision of the Regional Trial Court;

    II. it did not consider and give weight to the contention of petitioners that this case is not as "Agrarian Dispute," hence, it does not fall within the exclusive jurisdiction of the Department of Agrarian Reform Adjudication Board, but to the Regional Trial Court;

    III. it did not consider and give weight to the fact that private respondent Marcelo Andres entered into the land allocated to the petitioners by the National Resettlement and Rehabilitation Administration (NARRA), by the use of guns and boloes;

    IV. in not awarding, recognizing and honoring the vested interest of the petitioners on that parcel of land identified as Lot 8449, Pls-967-D (identical with Lot 196, Pls-81 of the NARRA) with an area of 72,587 square meters, awarded to them by the government thru the NARRA. 6

    The petition is impressed with merit.

    The action filed by petitioners before the trial court was for recovery of possession and reconveyance of title. The issue to be resolved was who between petitioner Rodrigo Almuete and respondent Marcelo Andres has a better right to the subject property considering that both of them are awardees of the same property. It was thus a controversy relating to ownership of the farmland, which is beyond the ambit of the phrase "agrarian dispute." No juridical tie of landowner and tenant was alleged between petitioners and respondent, let alone that which would so characterize the relationship as an agrarian dispute. 7 In fact, petitioner and respondent were contending parties for the ownership of the same parcel of land. 8

    Rule II, Section 1 of the Revised Rules of Procedure of the DARAB, provides:chanrob1es virtual 1aw library

    Section 1. Primary, Original and Appellate Jurisdiction. — The Agrarian Reform Adjudication Board shall have primary jurisdiction, both original and appellate, to determine and adjudicate all agrarian disputes, cases, controversies, and matters or incidents involving the implementation of the Comprehensive Agrarian Reform Program under Republic Act No. 6657, Executive Order Nos. 229, 228 and 129-A, Republic Act No. 3844 as amended by Republic Act No. 6389, P.D. No. 27 and other agrarian laws and their implementing rules and regulations.

    "Agrarian dispute" is defined under Section 3(d) of Republic Act No 6657, as:chanrob1es virtua1 1aw 1ibrary

    (d) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers associations or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangements.

    It includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.

    From the foregoing, it is clear that the jurisdiction of the DARAB is limited to cases involving a tenancy relationship between the parties. The following elements are indispensable to establish a tenancy relationship:chanrob1es virtual 1aw library

    (1) The parties are the landowner and the tenant or agricultural lessee;

    (2) The subject matter of the relationship is an agricultural land;

    (3) There is consent between the parties to the relationship;

    (4) The purpose of the relationship is to bring about agricultural production;

    (5) There is personal cultivation on the part of the tenant or agricultural lessee; and

    (6) The harvest is shared between the landowner and the tenant or agricultural lessee. 9

    The Court of Appeals, therefore, gravely erred when it granted the petition for certiorari and held that the trial court had no jurisdiction over the subject matter of the action between petitioners and Respondent. The action filed by petitioners was cognizable by the regular courts. Consequently, the Regional Trial Court of Cauayan, Isabela was competent to try and decide Civil Case No. 20-530. Its decision was, thus, valid and can no longer be disturbed, after having attained finality. Nothing more can be done with the decision except to enforce it.

    Respondent’s contention that the action below was an ejectment suit is untenable. Basic is the rule that in actions for ejectment, the only issue is possession. This is not true as regards the case below, which principally involved the question of ownership, or more accurately, the validity of the homestead patent awarded to petitioner vis-a-vis that awarded to Respondent.

    It is true that the caption of the Amended Complaint includes ejectment in the description of the nature of the suit. However, it is not the caption of the pleading but the allegations therein that determine the nature of the action. 10 A close perusal of the Amended Complaint filed before the court a quo indubitably shows that petitioners, as plaintiffs therein, prayed for the cancellation of the certificate of title in the name of Marcelo Andres, and that they be declared the absolute owners of the land in dispute 11

    On a final procedural note, the Court of Appeals erred in giving due course to the special civil action for certiorari. A basic requisite for such action to lie is that there is no appeal, nor any plain, speedy and adequate. remedy in the ordinary course of law. Certiorari is a remedy of last recourse and is a limited form of review. Its principal function is to keep inferior tribunals within their jurisdiction. Certiorari cannot be used as a substitute for the lost remedy of appeal. Respondent lost that remedy by his failure to appeal. 12

    WHEREFORE, in view of all the foregoing, the instant petition for review is GRANTED. The assailed Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 34314 are REVERSED and SET ASIDE.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan, and Pardo, JJ., concur.

    Endnotes:



    1. Rollo, pp. 28-31.

    2. Order dated April 25, 1994.

    3. Rollo, p. 35.

    4. Ibid., p. 52.

    5. Id., p. 59.

    6. Id., p. 6.

    7. Chico v. Court of Appeals, 284 SCRA 33, 36 [1998].

    8. Heirs of the Late Herman Rey Santos v. Court of Appeals, 327 SCRA 293, 298 [2000].

    9. Heirs of the Late Herman Rey Santos v. Court of Appeals, supra; Benavidez v. Court of Appeals, 313 SCRA 714, 719 [1999]; Morta, Sr. v. Occidental, 308 SCRA 167, 172 [1999]; Chico v. Court of Appeals, supra.

    10. Lorbes v. Court of Appeals, G.R. No. 139884, February 15, 2001.

    11. Rollo, p. 22.

    12. Republic of the Philippines v. Court of Appeals, G.R. No. 95533, November 20, 2000; Citations omitted.

    G.R. No. 122276  November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.


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