43 Sigre v. CA

Sigre v.
CA
GR No. 109568, 8 August 2002
FACTS:
Private respondent Lilia Gonzales, filed with the CA, a petition for prohibition and mandamus seeking to
prohibit the Land Bank of the Philippines (LBP) from accepting the leasehold rentals from Ernesto Sigre,
and for LBP to turn over to private respondent the rentals previously remitted to it by Sigre.
It appears that Ernesto Sigre was private respondents tenant in an irrigated rice land. Sigre was
previously paying the lease rentals to private respondent. Thereafter, Sigre stopped paying his rentals to
private respondent and instead, remitted it to the LBP pursuant to the DARs guidelines in the payment
of lease rental by farmer-beneficiaries under the land transfer program of PD 27.
The pertinent provision of the DAR Memorandum Circular No. 6 reads:
The value of the land is established on the date the Secretary or his authorized representative
has finally approved the average gross production data established by the BCLP or upon the
signing of the LTPA by landowners and tenant farmers concerned heretofore authorized.
Payment of lease rentals to landowners covered by OLT shall terminate on the date the value of
the land is established. Thereafter, the tenant-farmers shall pay their lease rentals/amortizations
to the LBP or its authorized agents: provided that in case where the value of the land is established
during the month the crop is to be harvested, the cut-off period shall take effect on the next harvest
season.
Private respondent contends that she had no notice that the DAR had already established the value of
her land and the average gross production data. Thus, the petition was filed not only to assail the validity
of Memorandum Circular No. 6, but also the constitutionality of PD 27.
CA declared MC No. 6 null and void, and the LBP was directed to return to Gonzales the lease rentals
paid by Sigre, and that he is to pay the rentals directly to Gonzales. CA further ruled that there is nothing
in PD 27 which sanctions the contested provisions of the circular, and that it was in conflict with PD 816
which provides that payment of lease rentals shall be made to the landowner. Furthermore, PD 27 is
unconstitutional in laying down the formula for determining the cost of the land as its sets limitation on
the judicial prerogative of determining just compensation, and that it is no longer applicable, with the
enactment of RA 6657. Hence, this petition.
ISSUE: Whether MC No. 6 is unconstitutional.
HELD: NO
RATIO:
The power of subordinate legislation allows administrative bodies to implement the broad policies laid
down in a statute by filling in the details. All that is required is that the regulation should be germane to
the objects and purposes of the law; that the regulation be not in contradiction to but in conformity with
the standards prescribed by the law. One such administrative regulation is DAR Memorandum Circular
No. 6, emancipation is the goal of P.D. 27, i.e., freedom from the bondage of the soil by transferring to
the tenant-farmers the ownership of the land theyre tilling.
The rationale for the Circular was, in fact, explicitly recognized by the appellate court when it stated that
the main purpose of the circular is to make certain that the lease rental payments of the tenant-farmer
are applied to his amortizations on the purchase price of the land. x x x. The circular was meant to remedy
the situation where the tenant- farmers lease rentals to landowner were not credited in his favor against
the determined purchase price of the land, thus making him a perpetual obligor for said purchase price.
Since the assailed Circular essentially sought to accomplish the noble purpose of P.D. 27, it is therefore
valid. Such being the case, it has the force of law and is entitled to great respect.
The Court cannot see any irreconcilable conflict between P.D. No. 816 and DAR Memorandum Circular
No. 6. Enacted in 1975, P.D. No. 816 provides that the tenant-farmer (agricultural lessee) shall pay lease
rentals to the landowner until the value of the property has been determined or agreed upon by the
landowner and the DAR. On the other hand, DAR Memorandum Circular No. 6, implemented in 1978,
mandates that the tenant-farmer shall pay to LBP the lease rental after the value of the land has been
determined.
Also, the determination of just compensation under P.D. No. 27, like in Section 16 (d) of R.A. 6657 or the
CARP Law, is not final or conclusive, unless both the landowner and the tenant-farmer accept the
valuation of the property by the Barrio Committee on Land Production and the DAR, the parties may bring
the dispute to court in order to determine the appropriate amount of compensation, a task unmistakably
within the prerogative of the court.
Lastly, The Court need not belabor the fact that R.A. 6657 or the CARP Law operates distinctly from P.D.
27R.A. 6657 did not repeal or supersede, in any way, P.D. 27; While R.A. 6657 covers all public and
private agricultural lands including other lands of the public domain suitable for agriculture as provided
for in Proclamation No. 131 and Executive Order No. 229, P.D. 27 covers rice and corn lands.

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Sigre v.

The pertinent provision of the DAR Memorandum Circular No. 6 reads:

ISSUE: Whether MC No. 6 is unconstitutional.

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