G.R. No. 109992, March 7, 2000
Heirs of the Late Herman Rey
Santos
vs Court of Appeals
Ponente: Ynares-Santiago
Facts:
A parcel of land in Plaridel,
Bulacan was levied on execution by the MTC of Bulacan in 1989. The land was
sold at public auction in 1990 with Santos, [now substituted by his heirs] as
the sole bidder.
Santos registered the deed of
sale in bulacan in October 1990 after Exequiel Garcia failed to exercise his
right of redemption within the reglementary period.
In 1992, Garcia filed a
petition for injunction and damages with preliminary injunction with the DARAB,
praying that petitioner be enjoined from preventing private respondent from
gathering the mango fruits. DARAB issued an order allowing the gathering of the
mango fruits and directing that the proceeds thereof be deposited with the
DARAB.
Subsequently, Garcia also
filed to redeem his land. This petition was dismissed. Meanwhile, Pantaleon
Antonio filed a motion to intervene with the DARAB claiming that he is affected
in his rights over the mango trees which he tended for that season. DARAB
suspended the claim of Antonio pending the resolution of the ownership issue.
Later, Antonio filed a motion
to withdraw intervenors deposited share which was granted by DARAB, also
recognizing Antonio as the duly constituted agricultural tenant of the land.
This order was affirmed by the CA. Hence, this petition.
Issue:
(1)Whether the jurisdiction is
under PARAD since there is an issue of ownership.
(2)Whether CA erred in
allowing the release of the share without bond.
Ruling:
Petition is with merit.
(1) Agrarian dispute is under
the jurisdiction of DARAB, however in the case, there is no agrarian dispute
since the parties are contending as to the ownership of the land. And the
parties have no tenurial, leasehold, or any agrarian relations. So DARAB has no
jurisdiction. The issue of the case is ownership which is under the
jurisdiction of the RTC.
(2) As to the claim of
Antonio, DARAB has no jurisdiction also because the issue of who can harvest
the mangoes is an ancillary to the main petition for injunction, so it is
dependent on the main case.
CA's decision was reversed and
set aside.
hi I im Grand Daugther OF MARIA SANTOS My Grand Father is the SON of MARIA SANTOS MY MANE IS MA. LIBERTY SANTOS CORRALES ALMENDRAL
ReplyDeleteMy GrandFather name is ARCADIO SANTOS HER WIFE IS CLARITA MALLARI SANGA
ReplyDelete