G.R. No. 148157 - Spouses Carmona vs. Court of Appeals

Petitioners were The Heirs of the Late Domingo Barraquio, namely Glenn M. Barraquio, Maria M. Barraquio, Gregorio Barraquio, Divina B. Onesa, Ursula B. Reformado, and Editha Barraquio as heirs of farmer-beneficiary Domingo Barraquio.
Respondent was Almeda Incorporated, the registered owner of four parcels of land under TCT Nos. T-83731, T-83732, T-83733 and T-83734, totaling 14.5727 hectares in Barangay Pulong Sta. Cruz, Santa Rosa, Laguna (the Almeda properties).
In 1994, the Department of Agrarian Reform issued 18 Certificates of Land Ownership Award (CLOAs) to nine farmer-beneficiaries over the Almeda properties; Barraquio received two CLOAs (CLO-1375 and CLO-1409).
A Notice of Coverage was sent to Almeda Incorporated on June 30, 1994.

On July 2, 1998, Almeda Incorporated filed a complaint before the Provincial Agrarian Reform Adjudication Board (PARAB) to cancel or nullify the CLOAs, impleading the Provincial Agrarian Reform Officer and the Register of Deeds of Laguna.
Almeda alleged confiscatory taking, lack of required investigation, beneficiaries' disqualification due to prior receipt of disturbance compensation and quitclaims, and claimed prior reclassification of the land to industrial use.
PARAB initially dismissed Almeda's complaint in an April 21, 1999 Decision for lack of an Exemption or Conversion Order and for Almeda's failure to participate in the administrative proceedings.
On reconsideration, PARAB set aside its prior decision in an Order dated June 25, 1999 and ordered nullification of the CLOAs and reversion of the lands to Almeda, reasoning inter alia that the land had been reclassified as industrial on March 1, 1989 and that just compensation had not been paid.
The farmer-beneficiaries appealed to the Department of Agrarian Reform Adjudication Board (DARAB) on July 31, 2001; eight appellants later withdrew and compromised with Almeda, leaving Barraquio as sole appellant.

Almeda filed an application with the Department of Agrarian Reform Secretary for exemption from coverage under the Comprehensive Agrarian Reform Program (CARP) under Republic Act No. 6657.
On May 16, 2003, the DAR Secretary issued an Exemption Order granting Almeda's application, finding the parcels were zoned for industrial use prior to June 15, 1988 and that requirements under DAR Administrative Order No. 6 (1994) were satisfied.
Almeda's supporting submissions included: an HLURB-Regional Office Certification dated January 7, 2002; a Zoning Officer certification dated January 25, 2002; an NIA certification dated April 15, 2002; a Municipal Agrarian Reform Officer certification; and a copy of Municipal Ordinance No. XVIII, Series of 1981 dated August 26, 1981.

On June 4, 2003, Barraquio sent a letter seeking reconsideration of the Exemption Order and allegedly filed a Petition for Revocation; Barraquio died on June 18, 2003.
On July 3, 2003, the Bureau of Agrarian Legal Assistance Director issued a Certificate of Finality certifying that no appeal had been filed against the Exemption Order within fifteen calendar days.
On December 29, 2003, DARAB dismissed the Heirs' appeal as moot and academic by reason of the Exemption Order's finality and directed vacatur and payment of relocation/disturbance compensation to ...(Subscriber-Only)

Whether petitioners availed of the wrong remedy in G.R. No. 185594 by filing a Petition for Certiorari under Rule 65 instead of a Petition for Review under Rule 45.
Whether petitioners were guilty of forum shopping in pursuing multiple remedies before different tribunals.

Whether the DAR Secretary's Exemption Order was final and executory and thus a sufficient and binding basis for the cancellation of the CLOAs issued to Barraquio.
Whether this Court should admit the HLURB and Zoning Administration certifications as newly discovered evidence...(Subscriber-Only)