Case Digest (G.R. No. 159145)
Facts:
Department of Agrarian Reform Adjudication Board (DARAB) of the Department of Agrarian Reform (DAR) v. Josefina S. Lubrica, G.R. No. 159145, April 29, 2005, Second Division, Tinga, J., writing for the Court. Petitioner is the Department of Agrarian Reform Adjudication Board (DARAB), represented by DAR Secretary Roberto M. Pagdanganan; respondent is Josefina S. Lubrica, assignee of the rights and interest of the late Federico Suntay.On August 4, 2000, Federico Suntay (who later assigned his rights to Lubrica) filed a petition for fixing and payment of just compensation under Presidential Decree No. 27 before the Office of the Regional Agrarian Reform Adjudicator (RARAD), docketed DARAB Case No. V-0405-0001-00. The subject was some 948.1911 hectares in Sablayan, Occidental Mindoro (T-31). After summary proceedings, the RARAD rendered a Decision dated January 24, 2001 awarding Suntay P157,541,951.30 as just compensation, a valuation Land Bank of the Philippines (Land Bank) considered excessive; Land Bank itself previously valued the land at P4,251,141.68.
Land Bank moved for reconsideration before the RARAD; the motion was denied by Order dated March 14, 2001 (copy received March 26, 2001). On April 20, 2001, Land Bank filed a petition for just compensation with the Regional Trial Court (RTC) of San Jose, Occidental Mindoro (Agrarian Case No. R-1241), praying for judicial determination of just compensation at the lower valuation. The special agrarian court dismissed Land Bank’s petition on August 6, 2001 for failure to pay docket fees within the reglementary period and denied reconsideration.
Meanwhile, upon motion of Suntay, the RARAD declared its January 24, 2001 Decision final and executory on May 22, 2001 (citing Section 11, Rule XIII of the DARAB Rules) and, after denying reconsideration, issued a Writ of Execution on July 18, 2001. Land Bank then filed a Petition for Certiorari with Prayer for TRO/Preliminary Injunction before the DARAB (DSCA No. 0252) on September 12, 2001 seeking nullification of the RARAD Decision, the finality order, the denial of reconsideration and the writ of execution. The DARAB issued an order on September 12, 2001 enjoining implementation pending a hearing; thereafter DARAB issued a Writ of Preliminary Injunction on October 3, 2001 restraining RARAD from implementing the Decision.
On September 20, 2001, Lubrica filed a Petition for Prohibition in the Court of Appeals (CA-G.R. SP No. 66710) against DARAB and Land Bank, arguing that DAR (and thus DARAB) lacks statutory or constitutional authority to entertain special civil actions such as certiorari. The Court of Appeals granted a temporary restraining order the same day. Despite that TRO, DARAB had issued its writ of preliminary injunction. The CA, after hearing, rendered a Decision on August 22, 2002 finding DARAB without jurisdiction to take cognizance of DSCA No. 0252, enjoined DARAB by writ of prohibition from proceeding with DSCA No. 0252, and ordered dismissal; it also held that DARAB, being a mere formal party, should not have filed a comment in the prohibition proceedings.
DARAB filed a petition for revi...(Pro-only)
Issues:
- Did the DARAB have the personality or right to file a comment in CA-G.R. SP No. 66710?
- Did the DARAB have jurisdiction to take cognizance of DSCA No. 0252, a petition for certiorari?
- Was the Writ of Preliminary Injunction issued by DARAB in DSCA No. 0252 void or unauthorized (including in light of the...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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