Dayao v. Robles

QUISUMBING, J.:

This is a petition for review on certiorari seeking the reversal of the Decision1 dated January 26, 2006 and the Resolution2 dated September 22, 2006 of the Court of Appeals in CA-G.R. SP No. 81637. The Court of Appeals had reversed the Decision3 dated June 30, 2003 of the Office of the President which earlier affirmed the Order4 dated May 19, 1997 of then Department of Agrarian Reform (DAR) Secretary Ernesto D. Garilao, upholding the grant of the application for retention of the Heirs of Vicente O. Dayao and his sister Isabelita O. Dayao. The pertinent facts, culled from the records, are as follows: Anacleto Dayao was the owner of parcels of land located in Paombong, Hagonoy and Malolos, in the Province of Bulacan, and in Minalin, Province of Pampanga.

He died on July 24, 1934, leaving behind his spouse, Trinidad Ople Dayao and his two children, Vicente and Isabelita.5 On January 31, 1976, Vicente filed before the DAR an application for retention of several parcels of land. In his Small Landowner's Undertaking, Application for Retention and Affidavit,6 Vicente stated his desire to retain not more than 7 hectares of his rice and/or corn lands pursuant to Presidential Decree No. 27,7 composed of the following tenanted rice and/or corn lands: IV. TENANTED RICE AND/OR CORN LANDS APPLIED FOR RETENTION OCT/TCT/TD No. NAME OF TENANT-FARMER LOCATION OF FARMHOLDINGS AREA (in hectares) TCT No.18548 Juan Alcoriza, Policarpio Alcoriza & Victorino Teodoro Dakila, Malolos, Bulacan 3.5001 CT No. 38 Perlito Santos Kapitangan, Paombong, [Bulacan] 1.1000 TD No. 2762 Jose Santiago San Sebastian, [Hagonoy], [Bulacan] .4252 TD No. 2761 Jose Santiago San Sebastian, Hagonoy, [Bulacan] .9000 TD No. 2529 Gavino Robles Sta.

Elena, Hagonoy, [Bulacan] .84258 Twenty years later or on October 16, 1996 Director Eugenio B. Bernardo of DAR Region III, San Fernando, Pampanga granted Vicente's application for retention.9 By that time, Vicente had already died and was survived by his heirs who substituted for him in the action.10 The DAR Order granting Vicente's application for retention states:

WHEREFORE, in view of the foregoing, ORDER is hereby issued: 1. GRANTING the Application for retention filed by the Heirs of Vicente O. Dayao, namely: Basilia D. Tiongson, Delfin O. Dayao, Mario O. Dayao, and Teresa D. Contreras, with respect to their father's share more specifically described as: TD No. LOCATION AREA 6341 Dakila, Malolos, Bulacan 3.5001 hectares 2529 San Pablo, Hagonoy, Bulacan 1.2829 hectares 661 Iba, Hagonoy, Bulacan .3828 hectares TOTAL: