G.R. No. L-49360 - David vs. Aquilizan

On November 27, 1978, petitioner Filemon David filed a petition for certiorari with prayer for a writ of preliminary injunction before the Supreme Court to set aside the September 29, 1978 decision of the Court of Agrarian Relations (CAR), 16th Regional District, Branch II at Cotabato City, presided by Judge Gregorio U. Aquilizan.
On April 10, 1979, the Supreme Court required respondents to answer the petition. On June 9, 1979, Judge Aquilizan filed an answer; private respondents Felomeno and Ricardo Jugar did not answer despite due notice.

On February 17, 1976, the Jugar brothers filed with CAR, 15th Regional District, Branch II at Cotabato City a “Petition for Reinstatement” against David, alleging:

They were installed as share tenants in 1971 on separate 2-hectare parcels of David’s land in Polomolok, South Cotabato, under a 50-50 net-produce sharing agreement, cultivating corn at an average of 60–70 cavans per hectare.
In mid-1973, David unlawfully ejected them, refused reinstatement despite DAR intervention, causing them damages.

In his answer, David denied any tenancy. He asserted Ricardo Jugar was a former tractor driver granted 1 hectare as incentive (later surrendered upon resignation), and Felomeno Jugar voluntarily relinquished his 2 hectares after selling his draft animals to resume religious healing and farming on his father’s land.

DAR Hearing Officer Guillermo Tanawit issued Report No. ARDO #11-38-000 dated April 12, 1976, finding both brothers had been installed on the land but had “borrowed” it and voluntarily surrendered it without duress; Ricardo worked elsewhere due to ill health and Felomeno resumed religious activities.
Recommendation: drop the case for lack of merit since there was no unlawful ejectment.

On June 29, 1978, after joinder of issues, Judge Aquilizan orally directed the Department (now Ministry) of Agrarian Reform to cover the disputed land under Operation Land Transfer, stating that corn and rice lands as of October 21, 1972 were “automatically covered” by that program.
On September 29, 1978, without conducting further hearings, the judge rendered judgment:

Deeming Ricardo and Felomeno Jugar as “owners” of the land they cultivated as tenants at the time of P.D. 27 (October 21, 1972).
Directing the Ministry of Agrarian Reform to effect transfer under Operation Land Transfer and the Philippine Constabulary to install the brothers peacefully.

In his answer, Judge Aquilizan admitted no hearings were held but contended the decision had become final and executory and that certiorari could not substitute for appeal.

The case was submitted for decision on June 22, 1979. The Court found the challenged decision void for lack of due process, as no hearing was conducted prior to judgment.
The petition was granted; the June 29, 1978 order and September 29, 1978 decision were set aside and the respondent judge was directed to conduct proper proceedings. No costs were awarded.

Whether the petitioner was denied due process of law by the CAR judge’s issuance of judgment without notice and hearing.
Whether the Court of Agrarian Relations had jurisdiction over the reinstatement petition or if jurisdiction lay exclusively with the Ministry of Agrarian Reform.
Whether the June 29, 1978 order had become final and thus barred the issuance of the subsequent September 29, 1978 decision.
Whether findings of fact made without any hearing can stand as valid judicial determinations.