Garcia v. Robles Vda. De Caparas (2013) – Del Castillo, 6.
Later petitioners Garcia and Salamat filed a
J. Complaint for nullification of leasehold and Petitioner: Apolonio Garcia, in substitution of his restoration of rights as agricultural lessees deceased mother, Modesta Garcia and Cristina Salamat against Pedro’s heir (the wife Dominga) before the Respondent: Disqualification by Reason of Death or office of the Provincial Agrarian Reform Adjudicator Insanity (PARAD) of Bulacan. Garcia and Salamat claimed that when their Brief Facts: Eugenio is the holder of a leasehold right father Eugenio died, they entered into an over land in Malolos. Eugenio died in 1974. Amanda, as agreement with their brother Pedro that they agent of the owner of the land, legally instituted Pedro would alternately farm the land on a ‘per- as the sole replacement of Eugenio through a 1979 season basis’; agreement. Pedro died in 1984 and his wife, Dominga, but Pedro reneged on their agreement, legally replaced him as agricultural lessee. In 1996, deliberately excluding them and petitioners Garcia and Salamat (siblings of Pedro) filed misrepresenting to Amanda that he is a complaint to nullify the 1979 agreement, and be Eugenio’s sole heir; instituted as co-lessees. Petitioners base their that as a result, Amanda was deceived into complaint on an affidavit by Amanda executed in 1996 installing him as sole agricultural lessee in their stating that Pedro told her that notwithstanding the 1979 Agricultural Leasehold Contract; terms of the 1979 agreement, he (Pedro) and the 2 that when Amanda learned of Pedro’s petitioners were really co-lessees. The PARAD, DARAB, misrepresentations, Amanda executed on and CA denied the petition. SC affirmed, citing the July 10, 1996 an Affidavit stating among Dead Man’s Statute. others that Pedro allegedly told her that "he and his two sisters had an understanding about DOCTRINE: Dead Man’s Statute: If a party to an it and he did not have the intention of alleged transaction is precluded from testifying by depriving them of their cultivatory rights”; death, insanity, or other mental disabilities, the other that to correct matters, the owners executed in party is not entitled to the undue advantage of giving his own uncontradicted and unexplained account of the their favor the 1996 "Kasunduan sa transaction. Buwisan ng Lupa", recognizing them as The rule is to avoid an unfair situation wherein a party Pedro’s co-lessees; is unable to contradict or disprove a declaration that when Pedro passed away, Dominga took because of incapacity of the person who could over the land and, despite demands, continued contradict/ disprove it. to deprive them of their rights as co-lessees; that efforts to settle their controversy proved FACTS: futile, prompting the Barangay Agrarian Reform 1. Flora Makapugay is the owner of a 2.5-hectare farm Committee to issue the proper certification in Barangay Lugam, Malolos, Bulacan. It is being authorizing the filing of a case; and that they tilled by Eugenio Caparas as agricultural lessee suffered damages as a consequence. under a leasehold agreement1. 7. Petitioners prayed that the 1979 Agricultural 2. Flora passed away and was succeeded by her Leasehold Contract between Pedro and Amanda be nephews and niece (Amanda dela Paz-Perla, Justo nullified; that they be recognized as co-lessees and dela Paz and Augusto dela Paz). On the other hand, allowed to cultivate the land on an alternate basis Eugenio’s children succeeded him (Modesta Garcia, as originally agreed; and that they be Cristina Salamat and Pedro). Before passing away, awarded P50,000 as attorney’s fees and costs of Flora appointed Amanda as her attorney-in-fact litigation. (agent). 8. In her Answer, Dominga claimed that: 3. After Eugenio died in 1974, Amanda and Pedro when her father-in-law Eugenio died, only entered into an agreement entitled "Kasunduan sa her husband Pedro succeeded and Buwisan", followed by an “Agricultural cultivated the land; Leasehold Contract” in 1979. In said that Pedro is the sole agricultural lessee; agreements, Pedro was installed and recognized as that Amanda’s 1996 Affidavit and the lone agricultural lessee and cultivator of the "Kasunduan sa Buwisan ng Lupa" between land. her and the petitioners are self-serving and 4. Pedro passed away in 1984, and his wife, violate the existing 1979 Agricultural respondent Dominga Robles Vda. de Caparas, Leasehold Contract; legally took over as agricultural lessee. that under Section 38 of RA 3844 2, 5. On July 10, 1996, the landowners (Amanda, Justo, petitioners’ cause of action has prescribed Augusto) and Pedro’s sisters Garcia and Salamat, that Pedro has been in possession of the entered into a "Kasunduan sa Buwisan ng land even while Eugenio lived; Lupa" whereby Garcia and Salamat were acknowledged as Pedro’s co-lessees in contradiction with the 1979 agreement.
2 Section 38 of The Code of Agrarian Reforms of the
Philippines:Statute of Limitations—An action to enforce any 1 Leasehold is a form of land tenure or property tenure where cause of action under this Code shall be barred if not one party buys the right to occupy land or a building for a commenced within three years after such cause of actions has given length of time. As lease is a legal estate, leasehold accrued. estate can be bought and sold on the open market. that petitioners have never cultivated nor petitioners’ own admission in their pleadings possessed the land even for a single that they merely received a share from Pedro’s cropping; harvests; that Pedro has been the one paying the that the original 1974 and 1979 leasehold lease rentals as evidenced by receipts; agreements between Makapugay, Amanda and that when Pedro died in 1984, she Pedro categorically show that Pedro is the sole succeeded in his rights as lessee by designated agricultural lessee. operation of law, and that she had been remitting lease rentals to the landowners 12. Petitioners filed an MR, arguing that the land has since 1985; been re-classified as residential land, and has and that petitioners had no right to been actually used as such. They cited the Malolos institute themselves as her co-lessees. Municipal Resolution No. 41-97 which adopted and 9. She prayed that the Complaint be dismissed; that approved the zoning ordinance and the Malolos the 1996 "Kasunduan sa Buwisan ng Lupa" be Development Plan prepared jointly by the HLURB nullified; that the execution of a new leasehold and the Malolos Sangguniang Bayan. The CA agreement between her and the landowners be denied the MR. ordered; and that moral damage and litigation costs be awarded her. Petitioners’ argument before the SC: In building houses upon the land without a homelot PARAD: Ordered the dismissal of the case; declared award from the DAR, Dominga converted the same to defendant Dominga as lawful successor-tenant. residential use; and by this act, Dominga violated her security of tenure and the land was removed from 10. Petitioners appealed the PARAD Decision to the coverage of the land reform laws. They add that the Department of Agrarian Reform Adjudication Board Malolos zoning ordinance and the tax declaration (DARAB). Dominga likewise appealed the dismissal covering the land effectively converted the property of a separate DARAB case filed by her for into residential land. maintenance of peaceful possession with injunctive relief. Both appeals were consolidated. ISSUES: WON Amanda’s affidavit and the Agreement made in DARAB: DECLARED Dominga as the lawful successor- 1996 between and Amanda and Petitioners made the tenant; ORDERED the petitioners to maintain Dominga latter co-lessees of the land (NO) in peaceful possession of the subject landholding. RATIO: Held that there was no alternate farming Amanda’s declaration in her Affidavit covering agreement between the parties, and thus Pedro’s alleged admission and recognition of the petitioners may not claim that they were co- alternate farming scheme is inadmissible for lessees being a violation of the Deam Man’s Statute. Pedro merely shared his harvest with - The DARAB Case which was filed in 1996 long after petitioners as an act of generosity, and Pedro’s death in 1984, has no leg to stand on other Dominga’s act of stopping this practice than Amanda’s declaration in her July 10, prompted petitioners to file DARAB case 1996 Affidavit that Pedro falsely represented to Amanda’s affidavit aand the 1996 Kasunduan the owner Floro and to her that he is the actual between landowners and petitioners cannot cultivator of the land, and that when she defeat Pedro’s 1979 Agricultural Leasehold confronted him about this and the alleged alternate Contract and his rights as the sole tenant over farming scheme between him and petitioners, the land Pedro allegedly told her that "he and his two sisters Petitioners are barred by laches since it took had an understanding about it and he did not have them 17 years to act on their rights the intention of depriving them of their cultivatory The 1996 agreement is null and void for being rights." contrary to law, morals, public policy, and the - Petitioners have no other evidence other than this 1979 Acricultural Leasehold Contract verbal declaration which proves the existence of such arrangement. No written memorandum of 11. Petitioners filed before the CA a Petition for such agreement exists, nor have they shown that Certiorari raising a new ground: as a result of a they actually cultivated the land ever. No May 9, 2005 Order issued by the Regional Technical documentary evidence has been put forward. Director (Region III) of the DENR, the survey returns - Amanda’s declaration in her Affidavit covering and plans covering TCT RT-65932 have been Pedro’s alleged admission is inadmissible for being cancelled, which thus rendered the DARAB Decision a violation of the Dead Man’s Statute, which null and void and a proper subject of certiorari. provides that ‘if one party to the alleged transaction is precluded from testifying by death, CA: Denied the petitioner. insanity, or other mental disabilities, the other The ground raised was not part of their causes party is not entitled to the undue advantage of of action in the PARAD or DARAB, and this new giving his own uncontradicted and unexplained issue changed the theory of their case against account of the transaction’. Dominga, which is not allowed. - Since Pedro is deceased, and Amanda’s declaration The CA also held that petitioners may not be which pertains to the leasehold agreement affects considered as Pedro’s co-lessees, for lack of the 1996 "Kasunduan sa Buwisan ng Lupa" which proof that they actually tilled the land and with she as assignor entered into with petitioners, and which is now the subject matter of the present - Under Sec. 7 of RA 38444, Dominga is entitled to case and claim against Pedro’s spouse Dominga, security of tenure; and under Sec. 16 5, any such declaration cannot be admitted. modification of the lease agreement must be done - Dominga is placed in an unfair situation by reason with the consent of both parties and without of her being unable to contradict or disprove such prejudicing Dominga's security of tenure. declaration as a result of her husband Pedro’s prior - This Court shall not delve into the issue of re- death. classification or conversion of the land. Re- - If petitioners earnestly believed that they had a classification/conversion changes nothing as right to cultivate the land under an alternate between the landowners and Dominga in regard to farming scheme, then they should have confronted their agreement, rights and obligations. On the Pedro or sought an audience with Amanda to contrary, it can only have deleterious effects upon discuss the possibility of their institution as co- petitioners' cause. lessees of the land; and they should have done so soon after the passing away of their father DISPOSITIVE: WHEREFORE, the Petition is DENIED. Eugenio. The assailed August 31, 2007 Decision and December - Yet it was only in 1996, or 17 years after Pedro 13, 2007 Resolution of the CA are AFFIRMED. became tenant in 1979 and long after his death in Digest maker: Kat 1984, that they questioned Pedro’s succession to the leasehold. Petitioners slept on their rights. - Amanda, on the other hand, cannot claim that Pedro deceived her into believing that he is the sole successor to the leasehold. Part of her duties as the landowner’s representative was to know the personal circumstances of the lessee Eugenio. - She was duty-bound to make an inquiry as to who survived Eugenio, in order that the successor to the leasehold be chosen. Under Sec. 93 of RA 3844, the owner or his representative (Amanda) was required to make a choice, within 1 month from Eugenio’s death, who would succeed. - Thus, when she executed the 1979 Agricultural Leasehold Contract with Pedro, she is deemed to have chosen the latter as successor, and is presumed to have diligently performed her duties, as the owner’s representative, in conducting an inquiry prior to making the choice. - There is no other logical conclusion than that the 1996 "Kasunduan sa Buwisan ng Lupa" between Amanda and petitioners, which is grounded on Pedro’s inadmissible verbal admission, and which agreement was entered into without obtaining Dominga’s consent, constitutes an undue infringement of Dominga’s rights as Pedro’s successor-in-interest.
3 Section 9. Agricultural Leasehold Relation Not
Extinguished by Death or Incapacity of the Parties - In case of death or permanent incapacity of the agricultural lessee to 4 Section 7. Tenure of Agricultural Leasehold Relation - The work his landholding, the leasehold shall continue between agricultural leasehold relation once established shall confer the agricultural lessor and the person who can cultivate the landholding personally, chosen by the agricultural lessor upon the agricultural lessee the right to continue working on within one month from such death or permanent incapacity, the landholding until such leasehold relation is extinguished. from among the following: (a) the surviving spouse; (b) the The agricultural lessee shall be entitled to security of tenure eldest direct descendant by consanguinity; or (c) the next on his landholding and cannot be ejected therefrom unless eldest descendant or descendants in the order of their age: authorized by the Court for causes herein provided. Provided, That in case the death or permanent incapacity of the agricultural lessee occurs during the agricultural year, 5 Section 16. Nature and Continuity of Conditions of such choice shall be exercised at the end of that agricultural Leasehold Contract - In the absence of any agreement as to year: Provided, further, That in the event the agricultural the period, the terms and conditions of a leasehold contract lessor fails to exercise his choice within the periods herein shall continue until modified by the parties: Provided, That in provided, the priority shall be in accordance with the order no case shall any modification of its terms and conditions herein established.In case of death or permanent incapacity of prejudice the right of the agricultural lessee to the security of the agricultural lessor, the leasehold shall bind his legal heirs. his tenure on the landholding: Provided, further, That in case of a contract with a period an agricultural lessor may not, upon the expiration of the period increase the rental except in accordance with the provisions of Section thirty-four.