G.R. NOS. 141593-94 - MELENCIO BERBOSO AND CONCEPCION BERBOSO, VS. HON. COURT OF APPEALS, BELEN CARLOS, CORAZON CARLOS, AND JKM INTERNATIONAL.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the instant petition and the motion to remand the same to the DARAB are hereby DENIED for lack of merit. Accordingly, the motion for the issuance of a writ of injunction to enjoin the enforcement of the decision is likewise denied and DARAB Case No. 101-Bul '89 is hereby remanded to the public respondent for further proceedings. On 9 December 1992, petitioners Berbosos filed before the DAR Secretary a Petition [18] for the Cancellation of the Conversion Order dated 22 January 1975 of previous DAR Secretary Estrella. On 9 February 1993, the Provincial Agrarian Reform Adjudication Board (PARAB) rendered a Decision [19] dismissing the consolidated DARAB Cases No. 217-Bul '90 and No. 368-Bul '92. The dispositive portion reads: WHEREFORE, premises considered, judgment is hereby rendered: 1. Ordering the dismissal of the above-mentioned cases for lack of basis and/or for being moot and academic; 2. Ordering the plaintiffs/petitioners [petitioner Berbosos] to vacate and restore to the defendants' JKM INTERNATIONAL INC. [private respondent JKM] the portion being in their present possession; and 3. All other claims are hereby dismissed likewise, for lack of any legal and factual basis. Petitioners Berbosos appealed the aforesaid Decision to the DARAB Head Office at Quezon City, which was docketed as DARAB Case No. 1283. On 5 January 1994, the DAR Secretary Ernesto D. Garilao issued an Order [20] granting the Motion for Cancellation of the Conversion Order dated 22 January 1975, to wit: WHEREFORE, Order is hereby issued granting the Petition and the Order dated January 22, 1975 is hereby declared null and void for lack of due process. The 6.2789 hectares shall be covered by operation land transfer pursuant to Presidential Decree No. 27 which includes the 4.0 hectares portion which has been found to be still agricultural in use and tenanted by the petitioners. The corresponding Emancipation Patents shall be generated and issued in favor of petitioners Melencio Berboso and Concepcion Berboso, if they are already qualified. Private respondents Carloses moved for the reconsideration of the aforementioned Order of DAR Secretary Garilao but the same was denied. Aggrieved, they filed an Appeal with the Office of the President which was docketed as O.P. Case No. 5994. On 24 October 1994, petitioners Berbosos filed before the DARAB Head Office, Quezon City, a Manifestation with Motion to Withdraw Complaint for Redemption in DARAB Case No. 368-Bul '92, since there was no more need for resolution of the said case in light of the Order of DAR Secretary Garilao dated 5 January1994 finding the subject lands to be still agricultural in use and tenanted by petitioners Berbosos. On 1 March 1996, the Office of the President rendered a Decision [21] reversing and setting aside the Order of DAR Secretary Garilao dated 5 January 1994 and reinstating the Order of the former DAR Secretary Estrella dated 22 January 1975, the dispositive portion of which is reproduced b