G.R. No. 131457 Case Digest

G.R. No. 131457, August 19, 1999

Hon. Carlos Fortich (Governor), Hon. Rey Baula (Mayor, Sumilao), NQSR Management and Development Corp.

vs Hon. Renato C. Corona, Deputy Exec. Sec., Hon. Ernesto Garilao, Sec. DAR

Ponente: Ynares-Santiago

Facts:

Respondents and intervenors pray that this case be referred to SC En Banc. A careful reading however, reveals the intention of the framers to draw a distinction between cases, "decided" referring to cases and "resolved" referring to matters, applying the rule of reddendo singula singulis. (referring each to each)

The issue presented by the respondents is whether the power of the LGU to reclassify lands is subject to the approval of the CAR is no longer novel, this having decided in Camarines Sur vs CA case that the LGU need not obtain the approval of the DAR to convert or reclassify lands from agricultural to non-agricultural use.

Intervenors insist that they are real parties in interest inasmuch as they have already been issued certificates of land ownership award, or CLOAs, and that while they are seasonal farm workers at the plantation, they have been identified by the DAR as qualified beneficiaries of the property.

Ruling:

Intervenors, who are admittedly not regular but seasonal farm workers, have no legal or actual and substantive interest over the subject land inasmuch as they have no right to own the land. Rather, their right is limited only to a just share of the fruits of the land.