G.R. No. 152086 -

Ruling

WHEREFORE, judgment is hereby rendered: 1. Declaring defendants Saturnino Idos, Teofilo Tantay, Faustino Bravo, Mariano Bravo, Idelfonso Tantay, Pelagio Tantay and Cristina [Toralba] as agricultural lessees of the ricelands of [herein respondents] Ernesto Bravo and Jose Israel Bravo; 2. Confirming the findings of the Regional Investigator, Atty. Benigno C. Bulatao, DAR Regional Office, San Fernando, La Union, the parcels of land in question separately owned by the [respondents] none of whom owned more than five (5.0) hectares agricultural lands exempt from OLT coverage under P.D. No. 27 and R.A. No. 6657; 3. Declaring the parcels of land in question except the lands of [respondents] Ernesto Bravo and Jose Israel Bravo as mango orchard land; 4. Declaring the mango orchard land untenanted; 5. Ordering defendants Federico Soriano, Salvador Bautista, Eduardo Manipon, Rolando Torralba, Rosita Gutierrez, Rosalia Tantay, Gabriel dela Vega, Benjamin Lacayanga, Lydia de Guzman, Rogelio Bravo, Joseph Tantay, Romeo Tantay, Honorato de Guzman, Luis Rosario, Cecilio Mamaril, Leonardo Rosario and Teodoro Rosario not tenants in any parcels of land in question. They are [Agrarian Reform Beneficiaries Association (ARBA)] members-tenants on lands other than the parcels of land in question; 6. Dismissing all claims and counterclaims for not being supported by evidence. [14] Defendants' appeal to the DARAB, docketed as DARAB Case Nos. 5195 to 5216, was unsuccessful. In its Decision dated May 6, 1998, the DARAB affirmed in toto PARAD Placido's Decision of February 23, 1996. On the issue of whether the subject properties are within the coverage of the OLT program under the Tenants Emancipation Decree and CARL, the DARAB held: Anent the first issue, it is beyond any iota of doubt that the subject landholdings are outside the coverage of Presidential Decree No. 27 and Republic Act No. 6657. Presidential Decree No. 27 is categorical and very clear in its provision on the retention limit allowed the landowner - the landowner can retain an area of up to seven (7) hectares. Republic Act No. 6657 is likewise very clear that the landowner's retention limit is up to five (5) hectares. The Board agrees with the MARO of the locality that the subject landholdings cannot be placed within the coverage of either of the laws relied upon by the defendants-appellants. The records show that as early as March 10, 1971, the heirs of the late Josefa Quintans (who died on July 12, 1958) subdivided the original 24.5962-hectare landholding into parcels, none of which exceeded seven (7) hectares (Exhibit "B" Extrajudicial Settlement of Estate with Renunciation and Quitclaim dated March 10, 1971). When Presidential Decree No. 27 became a law on October 21, 1972, the subdivided parcels fell outside the coverage of the Operation Land Transfer program pursuant to said Decree, being each less than seven (7) hectares. These landholdings were further subdivided and decreased in size until not one par