G.R. No. 131481 - BUKLOD NANG MAGBUBUKID SA LUPAING RAMOS, INC., VS. E. M. RAMOS AND SONS, INC.. [G.R. No. 131624] DEPARTMENT OF AGRARIAN REFORM, VS. E. M. RAMOS AND SONS, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in the light of the foregoing x x x, considering that the notices of acquisition dated August 29, 1990 relative to the 39 hectares partly covered by Transfer Certificate of Title No. T-19298; notices of acquisition all dated April 3, 1991 relative to the 131.41975 hectares partly covered by Transfer Certificates of Title Nos. x x x; notices of acquisition all dated August 28, 1991 relative lo the 56.9201 hectares covered by Transfer Certificates of Title Nos. x x x; and notices of acquisition all dated May 15, 1992 relative to the 76.0456 covered by Transfer Certificates of Title Nos. xx, all located at Barangay Langkaan, Dasmariñas, Cavite and owned by petitioner EM RAMOS and SONS, INC. are null and void on the ground that the subject properties are exempted from CARP coverage pursuant to DOJ Opinion No. 44, Series of 1990, therefore, the aforesaid notices of acquisition be cancelled and revoked. " The DOJ Opinion adverted to, rendered by then Justice Secretary Franklin Drilon, clarified that lands already converted to non-agricultural uses before June 15, 1988 were no longer covered by CARP. On September 3, 1992, the Region IV DAR Regional Director motu propio elevated the case to the Office of the Agrarian Reform Secretary, it being his view that Hearing Officer Baguilat's decision ran contrary to the department's official position " to pursue the coverage of the same properties and its eventual distribution to qualified beneficiaries particularly the Langkaan farmers in fulfillment of the commitment of the government to deliver to them the balance of thirty-nine hectares x x x ". On January 6, 1993, the herein respondent DAR Secretary Ernesto Garilao [(DAR Secretary Garilao)] issued an order, the decretal portion of which partly reads: "WHEREFORE, in the interest of law and justice, an order is hereby rendered: 1. Affirming the Notices of Acquisition dated August 29, 1990, April 3, 1991, August 28, 1991 and May 15, 1992 covering 303.38545 hectares of the property owned by the E.M. RAMOS & SONS, INC, located at Barangay Langkaan, Dasmarinas, Cavite x x x; x x x x 3. Directing the OAR field officials concerned to pursue (he coverage under RA 6657 of the properties of E.M. Ramos & Sons, Inc. for which subject Notices of Acquisition had been issued. SO ORDERED". Its motion for reconsideration of the aforesaid order having been denied by the [DAR Secretary Garilao] in his subsequent order of January 6, 1993, [EMRASON] appealed to the Office of the President where the recourse was docketed as O.P. Case No. 5461. On February 7, 1996, the Office of the President , through herein respondent Deputy Executive Secretary Renato C. Corona [(Deputy Executive Secretary Corona)], rendered the herein assailed decision x x x, dismissing [EMRASON's] appeal on the strength of the following observation: "To recapitulate, this Office holds that [EMRASON's] property has remained AGRICULTURAL in classification and therefore falls within the coverage of the