26 - Heirs of Grino v. DAR

HEIRS OF GRINO v. DAR Meanwhile, Emancipation Patents were issued to the tenants.
G.R. No. 165073/ JUNE 30, 2006 / CARPIO MORALES, J./LOI 474/AABPAYAD DAR Regional Director - dismissed the application for retention and it
NATURE Petition for Certiorari, etc. ruled that the conveyance of DBP had no legal effect because the
PETITIONERS Heirs of Juan Grino, Sr. represented by Remedios Grino conveyance occurred several years after the subjecting of the said
RESPONDENTS Department of Agrarian Reform properties under the coverage of Operation Land Transfer.
DAR Secretary appeal denied, affirmed Regional Directors dismissal:
FACTS. under DAR AO 4, no retention rights are granted to the children of
Juan Grino was the owner of a 9.35-hectare parcel of agricultural lot. He landowners.
also owned a 50-hectare parcel of land which was mortgaged to the DBP CA affirmed DAR Secretary: from the combined application of PD 27 and
to secure payment of a loan. LOI 474, Grino owned 9 hectares of tenanted riceland and 50 hectares of
The 9.35-hectare land was placed under the coverage of PD 27 (issued by coconut land; heirs were barred by laches; res judicata.
Marcos decreeing the emancipation of tenants from the bondage of the Petitioners contention:
soil transferring them to the ownership of the land they till) on account o Order of DAR Regional Director Maraya appeared late
on which Certificates of Land Transfer (CLTs) were issued in favor of his o There was no substitution of heirs in relation to the Petition for
tenants Gulmatico, et. al.
Cancellation of CLTs, hence, petitioners cannot be bound by the
Grino later filed a letter-petition for the cancellation of the CLTs contending said Order
that they were issued without giving him an opportunity to be heard: o Addressing Order to a dead person does not constitute valid
land was the only Riceland he had, the palay was only over 6 hectares, notice to the petitioners
land had sentimental value, his predecessors might need the land to o Petition for Cancellation of CLTs is not tantamount to an
build their homes.
Application for Retention, hence, the issuance of CLTs is not a
In lieu of the land covered by the CLTs, he offered 7 hectares each from his bar the exercise of constitutionally-guaranteed right of
50-hectare land. Grino, however, later ceded to the DBP his 50-hectare retention
land via dacion en pago to settle his obligations to it. o In Daez v. CA, the right of retention can still be exercised under
June 1985, Grino died; June 1988, his wife also passed away leaving their RA 6557 after such denial
children as heirs.
September 1989, DAR Regional Director Maraya dismissed the petition of ISSUES & RATIO.
Grino for the cancellation of the CLTs, citing LOI 474: xxx the petitioner, 1. WON heirs can resurrect the issue of retention. NO.
Juan Grino, being an owner of fifty hectares untenanted other agricultural As the appellate court ruled, however, petitioners are guilty of
lands which will not entitle him for exemption/retention pursuant to LOI laches in their attempt to "resurrect the retention issue [seven and a
474, as implemented by MAR Memorandum Circular No. 11 dated April half] years after its denial was decreed and came to finality."
21, 1978 xxx As the appellate court ruled too, the DAR cannot be faulted if no
June 1996, LBP advised the heirs of Grino to claim payment under PD 27. substitution of parties took place when Grino died, it being the duty of
March 1997, Petitioners filed with the DAR Regional Office an application the heirs to attend to the estate of the deceased, which duty includes
for retention of the 9.35-hectare land pursuant to Sec. 6 of the CARL notification to adjudicating tribunals the fact of death of the litigant.
contending that Grino had seven children and if a landowner is entitled
to five hectares as retention limit, the remaining land of Grino would not DECISION.
be enough for his children, the 50-hectare land of Grino having already Petition DISMISSED.
been ceded to the DBP.

26 - Heirs of Grino v. DAR

Uploaded by

Copyright:

Available Formats

26 - Heirs of Grino v. DAR

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

26 - Heirs of Grino v. DAR

Uploaded by

Copyright:

Available Formats

HEIRS OF GRINO v. DAR Meanwhile, Emancipation Patents were issued to the tenants.

You might also like