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Dar Secretary vs. Heirs of Redemptor

The Heirs of Redemptor and Elisa Abucay claimed ownership of 182 hectares of land that their parents had purchased, and that 22 hectares of this land had been placed under an agrarian reform program without just compensation. A Regional Agrarian Reform Adjudicator canceled the certificates of title and emancipation patents issued to farmer-beneficiaries. However, the Department of Agrarian Reform Adjudication Board reversed this decision. The issue is whether these bodies have jurisdiction over a complaint to cancel titles. The Supreme Court held that the Department of Agrarian Reform Adjudication Board has jurisdiction over disputes involving registered certificates from agrarian reform programs.

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142 views1 page

Dar Secretary vs. Heirs of Redemptor

The Heirs of Redemptor and Elisa Abucay claimed ownership of 182 hectares of land that their parents had purchased, and that 22 hectares of this land had been placed under an agrarian reform program without just compensation. A Regional Agrarian Reform Adjudicator canceled the certificates of title and emancipation patents issued to farmer-beneficiaries. However, the Department of Agrarian Reform Adjudication Board reversed this decision. The issue is whether these bodies have jurisdiction over a complaint to cancel titles. The Supreme Court held that the Department of Agrarian Reform Adjudication Board has jurisdiction over disputes involving registered certificates from agrarian reform programs.

Uploaded by

Bryan Kylle Lo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE HONORABLE SECRETARY OF THE DEPARTMENT OF AGRARIAN

REFORM, THE DAR REGIONAL DIRECTOR, REGION VIII, THE


PROVINCIAL AGRARIAN REFORM OFFICER OF PROVINCE OF LEYTE,
MUNICIPAL AGRARIAN REFORM OFFICER OF TABANGO, LEYTE, THE
REGISTER OF DEEDS OF LEYTE, PETITIONERS, VS. HEIRS OF
REDEMPTOR AND ELISA ABUCAY, NAMELY: RENA B. ABUCAY, RHEA B.
ABUCAY BEDUYA, RIS B. ABUCAY BUANTE, ELVER B. ABUCAY,
REDELISA ABUCAY-AGUSTIN, RHOTA B. ABUCAY, HEREIN
REPRESENTED BY ATTORNEY-IN-FACT RENA B. ABUCAY, RESPONDENTS.
G.R. No. 186432
March 12, 2019

FACTS:
In 1983, the Spouses Redemptor and Elisa Abucay (Spouses Abucay) purchased a 182-
hectare parcel of land from Guadalupe Cabahug (Cabahug) covered by Transfer Certificate of
Title No. T-9814. In 1986, 22.8409 hectares of the lot were declared covered under the
Operation Land Transfer Program pursuant to Presidential Decree No. 27

The Heirs of Spouses Abucay alleged that they inherited the 182-hectare property upon their
parents' death and enjoyed its ownership and possession. They claimed that they did not
receive any just compensation for the 22 hectares of the property that was placed under the
Operation Land Transfer Program.

Regional Adjudicator Diloy similarly canceled the original certificates of title and voided the
emancipation patents issued to the farmer-beneficiaries.

Department of Agrarian Reform Adjudication Board reversed Regional Adjudicator Diloy's


Decision

ISSUE:
Whether or not Regional Agrarian Reform Adjudicator Felixberto Diloy and the Department
of Agrarian Reform Adjudication Board have jurisdiction over the Complaint for cancellation
of original certificates of title and emancipation patents filed by respondents, the Heirs of
Redemptor and Elisa Abucay

HELD:
Cases involving registered certificates of land ownership awards, emancipation patents, and
titles emanating from them are agrarian reform disputes, of which the Department of
Agrarian Reform Adjudication Board takes cognizance. Meanwhile, cases involving
unregistered ones are agrarian law implementation cases, put under the jurisdiction of the
Regional Directors and the Secretary of the Department of Agrarian Reform. He or she takes
jurisdiction over cases involving the cancellation of titles issued under any agrarian reform
program, whether registered with the Land Registration Authority or not.

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