FIRST DIVISION
[G.R. No. 248981. September 4, 2019.][Formerly UDK-16478]
DOMINGO S. RIVERA, petitioner, vs.MAXIMA AGRO CORPORATION, REPRESENTED BY ITS PRESIDENT, MIGUELITO HIZON, JR., AND CARMELITA GARCIA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 4, 2019which reads as follows:
"G.R. No. 248981 [Formerly UDK-16478] (Domingo S. Rivera v. Maxima Agro Corporation, represented by its President, Miguelito Hizon, Jr., and Carmelita Garcia)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the August 24, 2018 Decision 2 and the June 13, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 139803-UDK for failure of petitioner Domingo S. Rivera (petitioner) to sufficiently show that the CA committed any reversible error in affirming the June 3, 2014 Decision 4 of the Department of Agrarian Reform Adjudication Board in DARAB Case No. 18151 which denied petitioner's claim as de jure tenant of the subject landholding.
As correctly ruled by the CA, petitioner failed to establish his tenancy right over the subject landholding. 5 Under Section 9 of Republic Act No. 3844, 6 the surviving spouse of the agricultural lessee is given preference in the succession to the leasehold, in the event of the latter's death or incapacity, where the agricultural lessor fails to choose the successor within a month from such death or incapacity. In this case, it was Dominga Rivera (Dominga), Artemio Rivera's wife and petitioner's mother, who was recognized by the landowners as the successor-tenant in the notarized Salaysay ng Pagtalikod sa Karapatan sa Pagsasaka7 (Waiver) to which petitioner and his sister Nenita Rivera acquiesced. Considering that Dominga had already relinquished her tenurial rights, and had received disturbance compensation for the same, by virtue of the notarized Waiver, there is no longer any tenurial rights which could be transferred or waived in favor of petitioner. Settled is the rule that factual findings of administrative or quasi-judicial bodies, if supported by substantial evidence, are accorded great respect and even finality by the courts, 8 especially when affirmed by the CA, as in this case.
The prayer to litigate as an indigent litigant is GRANTED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 12-25.
2.Id. at 68-79. Penned by Associate Justice Eduardo B. Peralta, Jr. with Associate Justices Ramon R. Garcia and Geraldine C. Fiel-Macaraig, concurring.
3.Id. at 41-41-A.
4.Id. at 145-170. Penned by DARAB Member Jim G. Coleto with DARAB Members Jerry E. Pacturan, Alex G. Almario and Ma. Patricia Rualo-Bello, concurring. While Chairman Virgilio R. Delos Reyes and DARAB Members Anthony N. Paruñgao, and Mary Frances Pesayco-Aquino, did not take part.
5. See id. at 72.
6. 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 9 of which provides:
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 work his landholding, the leasehold shall continue between the agricultural lessor and the person who can cultivate the landholding personally, chosen by the agricultural lessor within one month from such death or permanent incapacity, from among the following: (a) the surviving spouse; (b) the eldest direct descendant by consanguinity; or (c) the next eldest descendant or descendants in the order of their age: Provided, That in case the death or permanent incapacity of the agricultural lessee occurs during the agricultural year, such choice shall be exercised at the end of that agricultural year: Provided, further, That in the event the agricultural lessor fails to exercise his choice within the periods herein provided, the priority shall be in accordance with the order herein established.
In case of death or permanent incapacity of the agricultural lessor, the leasehold shall bind his legal heirs.
7. Dated January 8, 2013; rollo, p. 268.
8. See Notice of Resolution in Biston v. Civil Service Commission, G.R. No. 229875, June 5, 2017; see also Notice of Resolution in Barreras-Sulit v. General Investigation Bureau-A, G.R. No. 228455, August 16, 2017.