ADVERTISEMENT
FIRST DIVISION
[G.R. No. 238721. July 9, 2018.]
HEIRS OF PATRICIO POLICARPIO, REPRESENTED BY ROLANDO C. POLICARPIO, petitioner,vs. FELICIDAD TIQUE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 9, 2018which reads as follows: SICDAa
"G.R. No. 238721 (Heirs of Patricio Policarpio, represented by Rolando C. Policarpio v. Felicidad Tique). — After review, we resolve to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated November 9, 2016 and Resolution dated April 17, 2018 in CA-G.R. SP No. 131094.
Well-settled is the rule that the jurisdiction of the Provincial Agrarian Reform Adjudicator (PARAD) and the Department of Agrarian Reform Adjudication Board (DARAB) is only limited to cases involving agrarian disputes, including incidents arising from the implementation of agrarian laws. 1 For a case to involve an agrarian dispute, the following essential requisites of an agricultural tenancy relationship must be present: (1) the parties are the landowner and the tenant; (2) the subject is agricultural land; (3) there is consent; (4) the purpose is agricultural production; (5) there is personal cultivation; and (6) there is sharing of harvest or payment of rental. 2
In this case, the CA correctly held that none of these elements is present. This case is not a controversy between a landowner and a tenant. It is a dispute between the heir of a certificate of land transfer holder and his creditor for the right of possession over the land. Thus, the PARAD and DARAB have no jurisdiction.
WHEREFORE, the Court AFFIRMS the Court of Appeals' Decision dated November 9, 2016 and Resolution dated April 17, 2018 in CA-G.R. SP No. 131094.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. DHIcET
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Heirs of Del Rosario v. Del Rosario, G.R. No. 181548, June 20, 2012, 674 SCRA 180, 191.
2.Mendoza v. Germino, G.R. No. 165676, November 22, 2010, 635 SCRA 537, 545-546. Citation omitted.