Francisco Salazar, petitioner vs. Reynaldo De Leon,
LBP and the
respondent
G.R. No. 127965 January 20, 2009
FACTS:
Respondent filed a complaint for the recovery of real
property and damages against petitioner. Respondent
alleged he is the registered owner of a parcel of land which
was tilled by herein petitioner by respondent’s mere
tolerance and petitioner refused to surrender possession
of the land despite demand. The case was brought to the
RTC which ruled in favor of the herein respondent and
against the herein petitioner by applying Article 428, NCC.
Petitioner filed a Motion for New Trial and Lift Order of
Default but was denied for lack of merit. He filed an appeal
with the CA essentially invoking the existence of a
landlord-tenant relationship between respondent and him
while at the same time initiated before the DARAB (DAR-
Adjudication Board) a Case #-1380-ISA’94. The DARAB with
its finding that petitioner was a bona-fide tenant of
respondent who should be maintained in the peaceful
possession and cultivation of the subject property which
petitioner submitted to the CA but CA in turn rejected
petitioner’s arguments. Hence, a petition for Certiorari.
ISSUE:
Whether or not there is an agrarian dispute between
petitioner and respondent.
HELD:
The instant case undeniably involves a controversy
involving an adverse relationship between a landlord and
his tenant. The reason for petitioner’s refusal to surrender
possession of the subject property to the respondent is
that petitioner is allegedly his tenant, and has a right that
is protected under the agrarian reform laws, a claim which
respondent denies. There is, thus, a dispute as to the
nature of the relationship between respondent and
petitioner. The Court concluded that there is substantial
evidence to establish the existence of a tenancy
relationship between petitioner and respondent. The
receipts presented by petitioner covering rental payments
to respondent for the subject property constitute concrete
evidence of tenurial relations between them. Hence,
petition is granted.
Allied Banking Corporation, petitioner vs.
Sec. of the DENR, respondent
G.R. No. 175422, March 13, 2009
FACTS
Petitioner owned two abutting parcels of land that were
compulsory acquired by the DAR pursuant to RA 6675, as
amended. Respondent (LBP) subjected the land for
valuation and said valuation was upheld by the Provincial
Agrarian Reform Adjudicator. However, petitioner filed a
petition for just compensation with the RTC claiming that
said valuation made by the LBP is in question and insisted
the Market Data Approach for the valuation of the two
parcels of land in which case based on sales and listings of
comparable property registered within the vicinity. Said
valuation was adopted by the RTC in its decision.
Respondent appealed the RTC decision and CA nullified
the RTC decision and remanded the case to the RTC for
determining just compensation in strict compliance with
the provisions of RA 6657, as amended, the DAR AO and
the Rules of Court. Petitioner filed a MR but denied by CA.
hence the instant case.
ISSUE:
Whether the RTC acting as a special agrarian court will
adopt the Market Data Approach in the valuation of the
two parcels of land.
HELD:
The court refused to accept the MDA as method of
valuation. The court instead adopted Section 17 of RA
6657, as amended and DAO No. 6. Hence petition is
denied and the case was remanded to the RTC.