Case Summary (G.R. No. 72188)
Background and Property Development
Augusto Salas, Jr. was the registered owner of a 148.4354-hectare agricultural land parcel covered by Transfer Certificate of Title (TCT) No. T-2807. In May 1987, he entered into an Owner-Contractor Agreement with Laperal Realty Corporation for the development, subdivision, and sale of the land. The Housing and Land Use Regulatory Board (HLURB) issued Development Permit No. 7-0370 on November 17, 1987, permitting the development of the property into a farmlot subdivision comprising 80 saleable lots. Subsequent to the development, new TCTs were issued under Salas's name.
Agrarian Reform Program and Exemption Applications
Despite the HLURB’s permits, certain portions of the property were included in the Comprehensive Agrarian Reform Program (CARP) by the Department of Agrarian Reform (DAR). The petitioners contested this inclusion by filing numerous applications for exemption with various DAR agencies, including a recent application on April 27, 2001, covering a total area of 82.8494 hectares, which initiated the current petition.
Previous Orders and Appeals
Petitioners’ applications for exemption had been ruled upon multiple times prior to this petition. On January 7, 2004, DAR Secretary Roberto Pagdanganan approved the exemption for 17 lots, but this decision was reversed by his successor, Secretary Nasser Pangandaman. Subsequently, the Office of the President reinstated Pagdanganan's order, only for the Court of Appeals to reverse this decision on October 26, 2009.
Request for Temporary Restraining Order (TRO)
On November 9, 2010, petitioners sought a temporary restraining order (TRO) alleging that respondents were about to enter into transactions conveying the 17 parcels of contested land. They provided evidence, including an affidavit from a claimed tenant, suggesting that transactions jeopardizing their property rights were imminent. Though the Court disagreed with their assertion of imminent harm, it granted the TRO based on the petitioners' demonstrated prima facie right to exemption.
Rationale for Granting the TRO
The Court found that former DAR Secretary Pagdanganan had justified the exemption by recognizing that the properties had already been converted to non-agricultural use before the enactment of Republic Act No. 6657, due in part to local zoning regula
...continue readingCase Syllabus (G.R. No. 72188)
Case Overview
- The case involves the petitioners, the heirs of Augusto Salas, Jr., represented by Teresita D. Salas, against the respondents, Marciano Cabungcal and others.
- The matter pertains to a parcel of agricultural land owned by Salas, totaling 148.4354 hectares, covered by Transfer Certificate of Title (TCT) No. T-2807.
- The property is located in Barangays Pusil, Inosluban, Marawoy, and Balintawak, Lipa City, Batangas.
Background of the Case
- In May 1987, Augusto Salas, Jr. entered into an Owner-Contractor Agreement with Laperal Realty Corporation for the development and sale of the property.
- The Housing and Land Use Regulatory Board (HLURB) issued Development Permit No. 7-0370 on November 17, 1987, allowing the subdivision of the property into 80 saleable lots.
- The property underwent further subdivision, and new TCTs were issued in Salas's name.
Inclusion in Comprehensive Agrarian Reform Program (CARP)
- Despite the development permits, portions of the property were included in CARP by the Department of Agrarian Reform (DAR).
- The petitioners have persistently protested this inclusion and sought exemptions from DAR but received no favorable outcomes.
- The latest application for exemption was filed on April 27, 2001, covering an area of 82.8494 hectares, detailing specific parcels of land and their resp