G.R. NO. 146935 - SPS. DANILO ESPARAGERA AND DIEGA ESPARAGERA AND ENRIQUE GONZALES, VS. J. Y. REALTY & DEVELOPMENT CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in the light of all the foregoing considerations, Decision is hereby rendered as follows: 1) Dismissing the instant cases (DARAB Cases Nos. CEB-VII-45-89 and CEB-VII-97-89) for lack of merit; 2) Declaring respondents to be entitled and to receive/accept the deposited amounts tendered by complainant, Danilo Esparagera as evidenced by Official Receipts Nos. 4742045 P843.75; 4742080 P240.00 and 4742111 P300.00 and from complainant Enrique Gonzales as evidenced by Official Receipt No. 4742042 P2,266.35 dated January 18, 1990; 3) No pronouncement as to costs and damages. (Underscoring supplied) [7] The complainants appealed the PARADs decision to the Department of Agrarian Reform Adjudication Board (DARAB), assigning as errors the following: (1) THE PARAD OF CEBU ERRED IN FINDING AND CONCLUDING THAT ENRIQUE GONZALES AND DANILO ESPARAGERA ARE NOT AGRICULTURAL TENANTS ON THEIR RESPECTIVE TILLAGES INSIDE THE SUBJECT LAND, AS THE SAME FINDING AND CONCLUSION ARE NOT SUPPORTED BY THE EVIDENCE ON RECORD; AND (2) THE PARAD OF CEBU ERRED IN NOT DIRECTING THE PRESENT OR ACTUAL OWNER OF THE SUBJECT LAND TO EXECUTE A LEASEHOLD CONTRACT WITH ENRIQUE GONZALES; AND IN NOT ISSUING AN INJUNCTION AGAINST RESPONDENTS; (Underscoring supplied) [8] In resolving the issue of whether the landholding in question is agricultural, the DARAB dwelt at length on the second and fifth essential requisites for the existence of landholder-tenant relationship reflected in the above-quoted portions of the PARADs decision, to wit: the subject is agricultural landholding, and there is personal cultivation by the tenant. Citing Administrative Order No. 1, Series of 1990, issued by the DAR Secretary on March 22, 1990 which defines agricultural land as follows: Agricultural land refers to those devoted to agricultural activity as defined in RA 6657 and not classified as mineral or forest by the Department of Environment and Natural Resources (DENR) and its predecessors agencies, and not classified in town plans and zoning ordinances as approved by the Housing and Land Use Regulatory Board (HLURB) and its preceding competent authorities prior to 15 June 1988 for residential, commercial or industrial use . (Underscoring supplied), [9] the DARAB formulate[d] the essential requisites to be satisfied with in order that a parcel or piece of agricultural land has ceased to be agricultural and has been converted or classified as non-agricultural land as follows: (1) . . . the land is no longer devoted to agricultural activity; (2) the land is not classified as mineral or forest by the DENR and its predecessors agencies; (3) . . . the land is not classified in town plans or zoning ordinances for residential, commercial or industrial use; and (4) said town plan or zoning ordinance was approved prior to June 15, 1988 by the HLURB and its preceding competent authorities. [10] Additionally, the DARAB noted the provision of Section 36(1) of Republic Act No. 3844, as amended by Repub