Philippine Supreme Court Resolutions > Year 2011 > March 2011 Resolutions > [G.R. No. 176847 : March 28, 2011] STO. NIÑO AGRARIAN REFORM BENEFICIARIES ASSOCIATION (ARBA), REPRESENTED BY JOSEPHINE B. OMICTIN AS PRESIDENT V. HEIRS OF ROMAN A. CUISON, SR., AND JOSEFA J. VDA. DE CUISON, REPRESENTED BY ATTY. ROMAN J. CUISON, JR. :

Please take notice that the Court, Second Division, issued a Resolution dated 28 March 2011 which reads as follows:

G.R. No. 176847 (Sto. Ni�o Agrarian Reform Beneficiaries Association (ARBA), represented by Josephine B. Omictin as President^[1] v. Heirs of Roman A. Cuison, Sr., and Josefa J. Vda. de Cuison, represented by Atty. Roman J. Cuison, Jr.).

Respondent heirs of Roman A. Cuison, Sr. and Josefa J. Vda. de Cuison (the Cuison heirs) owned a 50-hectare land in Sto. Ni�o, Mintal, Tugbok District, Davao City, covered by Transfer Certificate of Title (TCT) T-85745. On December 10, 1990 the Department of Agrarian Reform (DAR) sent the Cuison heirs a notice of coverage, placing a 36-hectare portion of the Cuison Estate under the coverage of Republic Act 6657 or the Comprehensive Agrarian Reform Law (CARL). On March 25, 1991 the DAR sent the heirs a notice to acquire the same.

Subsequently, the Register of Deeds of Davao City cancelled the Cuison heirs' title and in its place issued in favor of the Republic of the Philippines TCT T-16943. Afterwards, the government issued Certificate of Land Ownership Award (CLOA) 00148885 in favor of petitioner Sto. Ni�o Agrarian Reform Beneficiaries Association (ARBA) and Sto. Ni�o Farmers Cooperative (SNFC). On January 8, 1993 the Register of Deeds of Davao City issued TCT CL-849 covering the 36-hectare property to petitioners.

On August 4, 1994 the Cuison heirs filed before the DAR Provincial Adjudicator of Davao City a complaint against petitioners ARBA, SNFC, and Nagkahiusang Mag-Uuma ng Ramie-FADC for cancellation of the CLOA and the reinstatement of their title.^[2]  The Cuison heirs claimed that the DAR erroneously placed their 36-hectare land under the government's comprehensive agrarian reform program since, prior to the effectivity of the CARL, the Davao City enacted Ordinance 363, Series of 1982, the Expanded Zone Regulations of the City of Davao, re-classifying the entire Cuison Estate from agricultural into "urban/urbanized" zone.

On July 5, 1996 the DAR Provincial Adjudicator (PARAD) dismissed the Cuison heirs' complaint for lack of merit, prompting them to appeal on October 1, 1996 the order of dismissal to the DAR Adjudication Board (DARAB).^[3] On December 20, 2004 the DARAB dismissed respondent Cuison heirs� appeal for lack of jurisdiction. It said that it was the Office of DAR Secretary, not the DARAB, that had jurisdiction over questions of property coverage under the government's agrarian reform program. Moreover, the one year contestability period with respect to the issuance of TCT CL-849 had already lapsed.

On appeal to the Court of Appeals, the latter rendered a decision on October 17, 2006,^[4] finding that the DARAB erroneously placed the entire Cuison Estate under the coverage of the CARL since Davao City Ordinance 363, Series of 1982, already reclassified the property from agricultural land to "urban/urbanized" zone long before the CARL took effect. This prompted ARBA to come to this Court.

Meantime on February 7, 2011 the Court issued a resolution requiring petitioner ARBA to confirm whether or not they have entered into an amicable settlement with the respondent Cuison heirs relating to the subject property. On March 11, 2011 ARBA informed^[5] the Court that on March 26, 2009 the parties have amicably settled the case. Further on March 16, 2011 the parties, through the Cuison heirs, filed a joint motion for approval of their amicable settlement dated March 26, 2009 and for the dismissal of the petition. Under their settlement agreement, ARBA shall deliver and surrender its possession on the subject property to the Cuison heirs. In return, the latter shall pay ARBA the amount of Three Million Pesos (P3,000,000.00).

The Court sees no reason to reject and amicable settlement entered into by the Cuison heirs and ARBA. Both parties were duly assisted by their counsel in the settlement. This development renders the resolution of the case moot and academic.

IN VIEW OF THE FOREGOING, the Court APPROVES  the Amicable Settlement dated March 26, 2009 and GRANTS the dismissal of the petition.

SO ORDERED.

  Very truly yours,

(Sgd.) MA. LUISA L. LAUREA 
Clerk of Court

Endnotes:

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^[1] Per SC Resolution dated February 7, 2011 removing the name of Sto. Ni�o Farmers Cooperative as petitioner.

^[2] Docketed as Reg. Case XI-1227-DC-94. 

^[3] Docketed as DARAR Case 5455. 

^[4] Rollo, pp. 29-50. 

^[5] Compliance, id. at 361-362.