Case Digest (G.R. No. 204420)
Facts:
Heirs of Teofilo Bastida, represented by Criselda Bernardo, v. Heirs of Angel Fernandez, G.R. No. 204420, October 07, 2020, Supreme Court First Division, Lopez, J., writing for the Court.The dispute arose from competing claims to Lot No. 990, an agricultural parcel in Tagpangi, Vitali, Zamboanga City. In 1955 Teofilo Bastida applied for a homestead patent over Lot No. 990; the Bureau of Lands recommended approval. Teofilo died and his heirs continued to cultivate the land. In 1959 Angel Fernandez also applied for a homestead patent over the same lot, allegedly from a sale by Teofilo; the Bastida heirs protested before the DENR regional office. Angel died during the proceedings; in 1989 the DENR regional office granted the homestead application to Angel’s heirs, and the Bastida heirs appealed to the DENR Central Office.
In 1998 the Bastida heirs learned that Lot No. 990 had been placed under the Comprehensive Agrarian Reform Program (CARP) and that the DAR issued Certificate of Land Ownership Award No. 00006890 (CLOA No. 00006890), recorded in the Registry of Deeds as OCT No. 0-4633, in favor of Angel’s heirs. The Bastida heirs filed a complaint before the Provincial Agrarian Reform Adjudicator (PARAD) seeking cancellation of the CLOA on the ground that its issuance was premature because the homestead protest before DENR Central Office remained pending. The Angel heirs challenged PARAD’s jurisdiction, contending the controversy was not an agrarian dispute.
On June 1, 1999 the PARAD cancelled CLOA No. 00006890 and ordered recall and cancellation of OCT No. 0-4633, reasoning that lands with adverse claims shall not be covered until adverse claims are resolved. The Angel heirs appealed to the Department of Agrarian Reform Adjudication Board (DARAB). On July 7, 2005 the DARAB dismissed the appeal and sustained the PARAD decision but stated this was without prejudice to the outcome of the DENR protest.
The Angel heirs filed a Rule 43 petition with the Court of Appeals (CA-G.R. SP No. 02220-MIN), arguing the PARAD and DARAB lacked jurisdiction and accusing the Bastida heirs of forum shopping for filing the cancellation action before the PARAD despite the pending DENR appeal. On July 13, 2012 the Court of Appeals granted the petition, set aside the DARAB decisions, and dismissed the Bastida heirs’ amended complaint, having found the Bastida heirs guilty of forum shopping.
The Bastida heirs sought review in this Court via a Petition for Review on Certiorari under Rule 45. They maintained that DARAB had jurisdiction over cancellation of a CLOA...(Pro-only)
Issues:
- Did the DARAB have jurisdiction to cancel CLOA No. 00006890 which had been registered with the Registry of Deeds?
- Were the Bastida heirs guilty of forum shopping by prosecuting a cancellation action before the PARAD while a DENR protest on the homestead ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)