Pangasinan State University Vs

Pangasinan State University vs.
CA, 526 SCRA 92
FACTS: At the heart of this controversy is a 124-hectare land in Barrio Cadlan, Pili, Camarines
Sur owned by petitioners Annie, Anne Marie, James John, James Francis and Anne Margareth (all
surnamed Manubay) and Manubay Agro-Industrial Development Corporation.
On November 15, 1994, the Municipal Agrarian Reform Officer (MARO) of Pili issued a notice of
coverage placing the property under the comprehensive agrarian reform program (CARP). Petitioners did
not protest the notice.
On July 1, 1996, petitioners filed an application at the Department of Agrarian Reform (DAR) for
conversion of the property from agricultural to residential.
On August 26, 1996, the Sangguniang Bayan of Pili passed Resolution No. 145 approving the
Comprehensive Zoning Ordinance of 1996 of the Municipality of Pili, Camarines Sur. The ordinance
reclassified the subject property from agricultural to highly urbanized intended for mixed residential and
commercial use.
Thereafter, petitioners requested DAR Regional Director Percival C. Dalugdug to set aside the November
15, 1994 notice of coverage. They pointed out that the land had been reclassified and the property was no
longer suitable for agricultural purposes. Director Dalugdug denied their request in a letter dated
November 13, 1996.
Respondent Ernesto Garilao, then DAR Secretary, upheld Director Dalugdug and denied petitioners
application for conversion, considering that the property had already been placed under the CARP.
Aggrieved, petitioners separately asked respondent to reconsider. They insisted that, because the MARO
issued a notice of coverage, not a notice of acquisition, their application for conversion should have been
approved. The motions were denied.
On April 28, 1998, petitioners filed a petition for certiorari in the Court of Appeals (CA) assailing the
denial of their application for conversion. They averred that respondent acted with grave abuse of
discretion when he denied their application. According to them, the issuance of a mere notice of coverage
placing agricultural land under the CARP was not a ground for the denial of such application.
In a resolution dated June 1, 1999, the CA dismissed the petition. DAR-AO No. 7, s. 1997 provides that
the decision of the DAR Secretary may be appealed either to the Office of the President (OP) or to the
CA. Considering that the issue raised by petitioners involved the administrative implementation of the
CARP, the OP was more competent to rule on the issue. Moreover, by failing to bring the matter to the
said office, petitioner did not exhaust all available administrative remedies before resorting to a petition
for certiorari.
Petitioners moved for reconsideration but it was denied.
ISSUE: Petitioners contend that the CA erred in dismissing the petition for certiorari as they did
not violate the rule on exhaustion of administrative remedies. The act of a department secretary may be
directly challenged in a petition for certiorari.
RULING: Petition denied. Under the doctrine of qualified political agency, department secretaries
are alter egos or assistants of the President and their acts are presumed to be those of the latter unless
disapproved or reprobated by him. Thus, as a rule, an aggrieved party affected by the decision of a cabinet
secretary need not appeal to the OP and may file a petition for certiorari directly in the Court of Appeals
assailing the act of the said secretary.
Section 1 of Rule 65 of the Rules of Court provides that, for a petition for certiorari to prosper, petitioner
must show (1) the public respondent acted without or in excess of his jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction and (2) there is no appeal or a plain, speedy and
adequate remedy in the ordinary course of law.
In a petition for certiorari premised on grave abuse of discretion, it must be shown that public respondent
patently and grossly abused his discretion and that such abuse amounted to an evasion of positive duty or
a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law. In other words,
the public respondent exercised his power arbitrarily and despotically by reason of passion or hostility.
Here, inasmuch as respondent had a valid ground to deny petitioners application, he did not commit
grave abuse of discretion.1avvphi1
Furthermore, DAR-AO No. 7, s. 1997 requires an appeal (of the denial of application of conversion) to
the OP. It was the plain, speedy and adequate remedy contemplated by Section 1 of Rule 65.
Needless to state, elevating the matter to the OP was consistent with the doctrine of exhaustion of
administrative remedies. A party aggrieved by an order of an administrative official should first appeal to
the higher administrative authority before seeking judicial relief. Otherwise, as in this case, the complaint
will be dismissed for being premature or for having no cause of action.

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Pangasinan State University vs.

CA, 526 SCRA 92

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