SECOND DIVISION
[G.R. No. 240604. February 4, 2019.]
EMERLITA BINAYUG AND SPOUSES CONSTANCIA AND PEDRO BINAYUG, petitioners,vs. ROGELIO A. PASCUA, SUBSTITUTED BY HIS HEIRS, NAMELY: ADORACION PASCUA, MINDA P. CASTILLO, LAURINE P. MANDING, DAVID M. PASCUA, AND PJ M. PASCUA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 February 2019 which reads as follows:
"G.R. No. 240604 (Emerlita Binayug and Spouses Constancia and Pedro Binayug v. Rogelio A. Pascua, substituted by his heirs, namely: Adoracion Pascua, Minda P. Castillo, Laurine P. Manding, David M. Pascua, and PJ M. Pascua)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the November 20, 2017 Decision 2 and June 5, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 142578 for failure of petitioners Emerlita Binayug and Spouses Constancia and Pedro Binayug (petitioners) to sufficiently show that the CA committed any reversible error in upholding the June 23, 2014 Decision 4 and the September 8, 2015 Resolution 5 of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 17644 sustaining the substitution of the heirs of the deceased Rogelio A. Pascua (Rogelio), herein respondents, namely: Adoracion Pascua, Minda P. Castillo, Laurine P. Manding, David M. Pascua, and PJ M. Pascua (respondents) in the exercise of his right of redemption.
As correctly ruled by the CA, agricultural leasehold relationship is not extinguished by the death or incapacity of the parties. Thus, in case of death of the agricultural lessee, his heirs shall have the right to substitute him in his rights arising from the agricultural leasehold relations. 6 As such, when Rogelio died, respondents were subrogated to his rights as an agricultural lessee, and therefore, could exercise his rights as such, including the right of redemption under Section 12 of Republic Act No. 3844, 7 otherwise known as the "Agricultural Land Reform Code." Besides, as the CA pointed out, respondents may enforce the final and executory December 2, 2003 Decision 8 of the DARAB as his successors-in-interest, pursuant to Section 5, paragraph 5.1 9 Rule XX of the 2003 DARAB Rules of Procedure. 10
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018. REYES, J., JR., J., on official leave.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 38-49.
2.Id. at 53-64. Penned by Associate Justice Victoria Isabel A. Paredes with Associate Justices Jane Aurora C. Lantion and Socorro B. Inting, concurring.
3.Id. at 72-73. Penned by Associate Justice Victoria Isabel A. Paredes with Associate Justices Ramon M. Bato, Jr. and Jane Aurora C. Lantion, concurring.
4.Id. at 125-131. Penned by Member Jim G. Coleto with Members Rosalina L. Bistoyong, Ma. Patricia Rualo-Bello, and Alex G. Almario, concurring. Chairman Virgilio R. Delos Reyes and Members Anthony N. Parungao and Mary Frances Pesayco-Aquino did not take part.
5.Id. at 139-143. Signed by Members Rosalina L. Bistoyong, Jim G. Coleto, Ma. Patricia Rualo-Bello, and Myrna O. Del Socorro. Chairman Virgilio R. Delos Reyes, Members Jose Z. Grageda and Rolando S. Cua did not take part.
6. See id. at 59-60, citing Milestone Realty & Co., Inc. v. CA, 431 Phil. 119, 131 (2002).
7. Entitled "AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO INSTITUTE LAND REFORMS IN THE PHILIPPINES, INCLUDING THE ABOLITION OF TENANCY AND THE CHANNELING OF CAPITAL INTO INDUSTRY, PROVIDE FOR THE NECESSARY IMPLEMENTING AGENCIES, APPROPRIATE FUNDS THEREFOR AND FOR OTHER PURPOSES," approved on August 8, 1963. Section 12 of which provides:
Section 12. Lessee's Right of Redemption. — In case the landholding is sold to a third person without the knowledge of the agricultural lessee, the latter shall have the right to redeem the same at a reasonable price and consideration: Provided, That the entire landholding sold must be redeemed: Provided, further, That where these are two or more agricultural lessees, each shall be entitled to said right of redemption only to the extent of the area actually cultivated by him. The right of redemption under this Sec. may be exercised within two years from the registration of the sale, and shall have priority over any other right of legal redemption.
8.Rollo, pp. 148-158. Penned by Assistant Secretary Augusto P. Quijano with Undersecretary Rolando G. Mangulabnan, and Assistant Secretaries Lorenzo R. Reyes, Rustico T. De Belen and Edgar A. Igano, concurring. Secretary Roberto M. Pagdanganan and Undersecretary Ricardo S. Arlanza did not took part.
9. Section 5, paragraph 5.1, Rule XX of the 2003 DARAB Rules of Procedure provides:
Section 5. Execution in case of Death of Party. — Where a party dies after the entry of the judgment or order, execution thereon may issue, or one already issued may be enforced in the following manner:
5.1 In case of the death of the judgment obligee, upon application of his executor or administrator, or successor in interest[.]
10. See rollo, pp. 61-62.