G.R. No. 215590 -

Ruling

Accordingly, the CLTs issued to the Farmer Group were cancelled. The Farmer Group elevated the matter to the Office of the President. On June 7, 1983, the appeal was dismissed by way of a Decision penned by then Presidential Assistant for Legal Affairs Manuel Lazaro. [15] Subsequently, the Farmer Group instituted 17 individual cases against Edilberto before the Regional Trial Court (RTC) docketed as Civil Case No. P-1838 for threatened ejectment. On October 30, 1987, the cases were dismissed in a summary judgment rendered by Judge Benjamin V. Panga. On October 8, 1991, the Farmer Group petitioned the local office of the DAR for the inclusion of the subject land within the coverage of the Comprehensive Agrarian Reform Program (CARP) with the Farmer Group as possible beneficiaries. [16] On November 10, 1992, the records of the case were transmitted to the Bureau of Land Acquisition and Distribution (BLAD) of the DAR for implementation. On November 16, 1992, a Memorandum was issued by Gloria J. Fabia, BLAD Officer-In-Charge, addressed to the Regional Director of the DAR Region V, at Sagpoon, Daraga, Albay, with the Information that the Orders of Secretary Estrella and the Office of the President had become final and executory. [17] Consequently, the CLTs of the Farmer Group were cancelled. However, the Farmer Group refused to peacefully vacate the subject land. Eventually, Edilberto filed before Branch 31, RTC, Pili, Camarines Sur, a case for: (1) ejectment with preliminary injunction against Felix, Dionesio Beroin (Dionesio), Alberto Tormes (Tormes), Eugenio Bustamante (Eugenio), Rodolfo Bustamante (Rodolfo), Clavero, Sinfuego, Tomasa Tañada (Tomasa), Saturnino Racelis, Sr., (Saturnino) Macario Dilia (Macario), and Guillermo Belo (Guillermo) docketed as Civil Case No. P-1838; and (2) an action for recovery of possession with preliminary injunction and with damages against Robosa docketed as Civil Case No. P-1815 and jointly tried with Civil Case No. P-1838. [18] In their Answer, the Farmer Group argued that: (1) while the subject land is exempted from the coverage of Operation Land Transfer pursuant to PD 27, it does not necessarily follow that it cannot be covered by Republic Act No. (RA) 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988 (CARL); (2) based on Tax Declaration No. 019-396 issued by the Municipal Assessor's Office of Bula, Camarines Sur to Fajardo, only a portion of the subject land ( i.e. , 123.3991 hectares out of the 138.3201 hectares) has been declared as pasture land and substantial portions thereof are devoted to sugar cane, rice, corn, and other crops by other lessees from Iriga City; and (3) the Department of Agrarian Reform Adjudication Board (DARAB), not the RTC, is the proper venue since the action is a violation of their rights as tenants. [19] Ruling of the RTC In the Joint Decision [20] dated June 27, 1995, in Civil Case Nos. P-1838 and P-1815, Branch 31, RTC, Pili, Camarines Sur, ruled in favor of r