G.R. No. 182572 - LAND BANK OF THE PHILIPPINES, VS. HON. ERNESTO P. PAGAYATAN, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 46, SAN JOSE, OCCIDENTAL MINDORO, JOSEFINA S. LUBRICA, IN HER CAPACITY AS ASSIGNEE OF FEDERICO SUNTAY, NENITA SUNTAY TAÑEDO AND EMILIO A.M. SUNTAY III

Ruling

WHEREFORE, premises considered, the petition is GRANTED. The assailed Amended Decision dated October 27, 2005 of the Court of Appeals in CA-G.R. SP No. 77530 is REVERSED and SET ASIDE. The Decision dated May 26, 2004 of the Court of Appeals affirming (a) the March 31, 2003 Order of the Special Agrarian Court ordering the respondent Land Bank of the Philippines to deposit the just compensation provisionally determined by the PARAD; (b) the May 26, 2003 Resolution denying respondents Motion for Reconsideration; and (c) the May 27, 2003 Order directing Teresita V. Tengco, respondents Land Compensation Department Manager to comply with the March 31, 2003 Order, is REINSTATED. The Regional Trial Court of San Jose, Occidental Mindoro, Branch 46, acting as Special Agrarian Court is ORDERED to proceed with dispatch in the trial of Agrarian Case Nos. R-1339 and R-1340, and to compute the final valuation of the subject properties based on the aforementioned formula. Thereafter, petitioner deposited the balance of the amount of P73.4 million representing the PARAD valuation and subject of the 31 March 2003 Order to Deposit. Apparently, another case, docketed as Sp. Proc. N-705, was pending with Branch 17 of the RTC of Cavite City. In this case, TCT No. T-31 was alleged to be part of the estate of Emilio Aguinaldo and Maria Agoncillo. Thus, on 29 April 2005, Branch 17 issued an Order: [4] Finally, considering that counsel for the administrator has joined counsel for Delfin Aguinaldo and Heirs of Angel Aguinaldo in the latters motion, as prayed for, the president of the Landbank of the Philippines is hereby directed to hold in abeyance any further releases of the proceeds of the compulsory acquisition by the DAR of that parcel of land located in Sablayan, Occidental Mindoro covered by T-31 (T-1326) until such time that the issue is resolved. In CA-G.R. SP No. 97052, a Petition for annulment of judgment was also filed with the Court of Appeals (CA) by the surviving heirs of Cristina Aguinaldo Suntay, the deceased spouse of Federico Suntay. Therein petitioners, Isabel Cojuangco Suntay and Emilio Cojuangco Suntay, Jr., alleged that the parcels of land covered by Transfer Certificate of Title (TCT) Nos. T-31 and T-128 registered in the name of Cristina were among her paraphernal properties that had been illegally included as part of the estate of Federico C. Suntay and had been subject of agrarian reform land distribution. On 5 March 2007, the CA in CA-G.R. SP No. 97052, through a Resolution, [5] issued a temporary restraining order (TRO) enjoining private respondents Emilio A.M. Suntay III and Nenita Tañedo from collecting or receiving the land compensation proceeds of the subject property. It stated as follows: WHEREFORE , a temporary restraining order is hereby issued, effective upon service and for a period of sixty (60) days, unless sooner lifted, ENJOINING private respondents and their representatives from collecting or receiving the land compensation pr