G.R. No. 183004 - ALFONSO DIGAN, TIBALDO BUELTA, BERNARDO MARIANO, SANTIAGO ACQUIDAN, FERNANDO AGNNO, JOHNNY ORIE AND FELIMON GACETA (DECEASED) REP. BY HIS WIFE LOLITA GACETA, V. NOEMI MALINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is rendered DISMISSING the instant case, and directing the private respondents to pay their respective amortizations. [13] Malines and Melecio moved for the reconsideration of the PA's decision. [14] The motion for reconsideration was given due course and the case was re-docketed as DARAB Case No. 148-156-99-1.S. [15] On 17 August 1999, however, the motion was denied for the movants' failure to appear at the scheduled hearing for their presentation of additional evidence. [16] On 28 December 1999, only Malines elevated an appeal before the DARAB Central Office. [17] The appeal was docketed as DARAB Case No. 9319. The Second DARAB Case During the pendency of DARAB Case No. 9319, Malines filed before the PARAD a Petition for Declaration of Nullity and/or Cancellation of the subject EPs. [18] The petition was docketed as DARAB Case No. 1-03-297-03- I.S. Malines raised petitioners' failure to pay their respective amortizations as an additional ground for the cancellation of the questioned EPs. It pointed out that the LBP issued a certification, [19] dated 11 March 2003, to the effect that it did not receive any Land Transfer Claim Folder in the name of Malines. In its 13 November 2003 decision, [20] the PA disqualified petitioners from being beneficiaries of the DAR's OLT program for their failure to pay their respective amortizations. Consequently, the PA ordered the cancellation of the EPs issued in their names. Petitioners moved for reconsideration, but the same was denied by the PA in its order, dated 13 January 2004. [21] On 28 January 2004, petitioners filed their notice of appeal. [22] The appeal was docketed as DARAB Case No. 13535. On 26 February 2004, petitioners filed a motion for the consolidation of DARAB Case No. 9319 and DARAB Case No. 13535. [23] The DARAB Central Office granted the motion for consolidation in its Order, [24] dated 9 November 2005. The DARAB Central Office Ruling In its decision, dated 4 October 2006, the DARAB Central Office affirmed the PA's 15 December 1998 decision insofar as it dismissed the first DARAB case. It likewise dismissed the second DARAB case, thereby reversing the PA's 13 November 2003 decision therein. The DARAB ruled that there was no violation of the right to due process when no notice of coverage of the subject land was served to Malines and Melecio. It reasoned that at the time the subject land was placed under the OLT coverage, it was still under the ownership of Paris and, as such, separate notices to Malines or Melecio were no longer necessary. It further ruled under DAR Memorandum Circular No. 8, Series of 1974, that the transfer of ownership of tenanted rice and/or corn lands after 21 October 1972, except to actual tenant-farmers or tillers, is prohibited. Thus, the sale of the subject land is void having been executed in violation of the provisions of P.D. No. 27. As to the allegation of failure to pay the amortizations, the Board pointed out that upo