Case Summary (G.R. No. L-49360)
Denial and Counter‐Affirmations by Petitioner
David denied any tenancy relationship. He asserted Ricardo Jugar was a former tractor driver to whom a one‐hectare incentive was granted and later surrendered; Felomeno sold his farm animals, resumed religious healing, and relinquished his two‐hectare holding. Petitioner contended that average yields could exceed 120 sacks per hectare, contradicting respondents’ 60–70 sacks claim.
Administrative Findings by the DAR
The Department of Agrarian Reform (DAR) Hearing Officer found no unlawful ejectment. Noting respondents admitted their holdings were “borrowed” temporarily, the officer reported they voluntarily surrendered the land due to employment with DOLEFIL, ill health, and farming on their father’s land. He recommended dropping the petition.
CAR Order on Operation Land Transfer
On June 29, 1978, the CAR judge, citing the recent Court of Appeals ruling that land devoted to rice or corn as of October 21, 1972, is automatically covered by Operation Land Transfer, directed the Ministry of Agrarian Reform to include the disputed parcels under PD 27.
CAR Final Decision Declaring Ownership
Without holding further hearings, on September 29, 1978, the CAR judge declared the Jugar brothers “deemed owners” of the land they cultivated when PD 27 was promulgated. He ordered the Ministry to effect land transfer, directed the Philippine Constabulary to install them peacefully, and furnished copies to the DAR Secretary. No costs or damages were awarded.
Grounds for Supreme Court Certiorari
Petitioner challenged the order and final decision on four grounds: (a) denial of due process for lack of hearings; (b) lack of jurisdiction, which lay exclusively with the Ministry of Agrarian Reform; (c) finality of the June 29, 1978 order precluding novation; and (d) factual findings contrary to the evidence.
Supreme Court Analysis and Ruling
The Court held that the CAR decision was void ab initio for failure to afford petitioner any hearing, thus violating procedural due process under the 1935 Constitution. Citing pr
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Factual and Procedural Antecedents
- February 17, 1976: Felomeno and Ricardo Jugar file a “Petition for Reinstatement” in CAR, 15th Regional District, Branch II, Cotabato City, against landowner Filemon C. David.
- Allegations by private respondents:
• Installed circa 1971 as 50–50 share tenants on separate 2-hectare parcels in Polomolok, South Cotabato, devoted to corn production (60–70 cavans per hectare).
• Mid-1973: petitioner allegedly prohibited further cultivation and took possession without justification.
• DAR Team Office at General Santos intervened unsuccessfully for their reinstatement.
• Claimed ongoing damages and litigation expenses from unlawful act. - Petitioner’s answer (CAR record):
• Denied any share-tenant relationship; Ricardo Jugar was a former tractor driver given 1 ha as incentive, surrendered upon resignation and subsequent employment elsewhere.
• Felomeno sold his working animals, resumed faith-healing work, then farmed with his father.
• Argued land yield could reach 120 sacks/ha and that respondents voluntarily surrendered their holdings without duress.
DAR (MAR) Investigation Report
- Hearing Officer Guillermo Tanawit (DAR ARDO #11-38-000, April 12, 1976) findings:
• Acknowledged installation of Ricardo on 1 ha and Felomeno on 2 ha, but no proof of illegal ejection.
• Noted private respondents’ own memorandum admitting the land was “borrowed” temporarily.
• Highlighted Ricardo’s subsequent work with DOLE and on his father’s land; Felomeno’s religious activities and farming with his father.
• Concluded there was voluntary surrender; dropped the case for lack of merit.
CAR Proceedings and Interim Order
- June 29, 1