Rodrigo Almuete and Ana Almuete Vs.

Marcelo Andres and CA

Facts:
On March 25, 1957, a parcel of agricultural land, located at San Vicente,
Angadanan, Isabela, was awarded to odrigo Al!uete b" #ational esettle!ent and
ehabilitation Ad!inistration $#AA%& Since then, odrigo e'ercised e'clusi(e
possession o(er the sub)ect propert", planting crops and growing fruits therein for 22
"ears&
On August 17, 1979, un*nown to odrigo, +etecia ,ragasin, an Agrarian efor!
-echnologist, filed an inspection and in(estigation report stating that. -he whereabouts
of odrigo was un*nown& -hat he has wai(ed all of his right as awardee of the said land
b" #AA, because of poor health and financial crisis& And that the occupant of the land
was Marcelo Andres since 19/7& She then reco!!ended to the 0irector of the Ministr"
of Agrarian efor! $MA% that the land be awarded to Andres and cancel the award
gi(en in fa(or of odrigo&
Marcelo further contended to MA that odrigo sold the land to one Victor
Masiglat, and since Masiglat is dis1ualified to be an awardee of the said land, he
transferred it to Marcelo b" pa"ing 2/33 and 1 4arabao& All of these transfers were not
co(ered b" written contracts& -hereafter, MA granted Marcelo a ho!estead patent and
was soon issued an Original 4ertificate of -itle $O4-% no& 2552521 on 6ul" 7, 1977, upon
reco!!endation of 0A&
odrigo, unaware that the award gi(en to hi! b" #AA was cancelled,
continued to culti(ate the land& 8ntil one da", Marcelo Andres, together with 13 !en,
ar!ed with boloes and sharp ob)ects, entered the propert", too* possession and
controlled half of the sub)ect land&
odrigo i!!ediatel" co!plained to the 0A authorities about what happened,
and it was onl" at this ti!e that he beca!e aware that his propert" was alread" titled
now to Marcelo& 9e filed an action in court for recon(e"ance and reco(er" of possession
against Marcelo with the -4 of Isabela& -he court rendered a decision in fa(or of
odrigo, finding that Marcelo didn:t ac1uire an" right o(er the sub)ect propert" as he was
not able to present an" (alid docu!ents that would support his contention& -hat odrigo
ne(er abandoned the sub)ect propert"& And ,ragasin !ade ob(ious false assertions on
her report resulting to the cancellation of odrigo:s award and issuance of the
ho!estead patent in fa(or of Marcelo&
Marcelo failed to file an appeal on ti!e and the decision beca!e final and
e'ecutor"& Marcelo filed a petition for 4ertiorari before the 4A, stating that the case was
within the )urisdiction of the 0epart!ent of Agrarian efor! Ad)udication ;oard $0AA;%
and not with regular courts, because the propert" in(ol(ed is an agricultural land&
ISSUE:
<hether or not 0AA; has )urisdiction o(er the case=
HELD:
#o, 0AA; has no )urisdiction& -he action filed b" odrigo was cogni>able b"
regular courts&
-he action filed b" petitioners before the trial court was for reco(er" of
possession and recon(e"ance of title& -he issue to be resol(ed was who between
petitioner odrigo Al!uete and respondent Marcelo Andres has a better right to the
sub)ect propert" considering that both of the! are awardees of the sa!e propert"& It was
thus a contro(ers" relating to ownership of the far!land, which is be"ond the a!bit of
the phrase ?agrarian dispute&? #o )uridical tie of landowner and tenant was alleged
between petitioners and respondent, let alone that which would so characteri>e the
relationship as an agrarian dispute& In fact, petitioner and respondent were contending
parties for the ownership of the sa!e parcel of land&
-he )urisdiction of the 0AA; is li!ited to cases in(ol(ing a tenanc" relationship
between the parties& -he following ele!ents are indispensable to establish a tenanc"
relationship.
$1% -he parties are the landowner and the tenant or agricultural lessee@
$2% -he sub)ect !atter of the relationship is an agricultural land@
$A% -here is consent between the parties to the relationship@
$B% -he purpose of the relationship is to bring about agricultural production@
$5% -here is personal culti(ation on the part of the tenant or agricultural lessee@
and
$/% -he har(est is shared between the landowner and the tenant or agricultural
lessee&