DANILO ALMERO, et al. v.

HEIRS OF MIGUEL PACQUING

G.R. No. 199008, November 19, 2014

It is the fact of continued cultivation by the original grantees or their direct compulsory heirs that
shall exempt their lands from land reform coverage.

Facts:

Miguel Pacquing acquired agricultural lands in Tagum City through a homestead patent.
The Municipal Agrarian Reform Officer (MARO) sent Miguel’s representative a notice of
coverage placing his estate under R.A. No. 6657’s Comprehensive Agrarian Reform Program.
Miguel failed to reply and instead, filed a Voluntary Offer to Sell the property with the DAR.
Because Miguel died during the pendency of the proceedings, his sole heir, Linda Pacquing
adjudicated to herself ownership over the property and filed an application for retention with the
DAR of the same lot. The DAR denied it and its decision became final and executory.

Linda filed with the Office of the Provincial Adjudicator a petition to cancel Danilo
Almero, et al.’s Certificate of Land Ownership Awards (CLOAs), which were granted in the
latter’s favor for being farmer-beneficiaries of cultivated portions of the same property. The
petition was dismissed for Linda’s failure to file her position paper. The TCTs covering the
portions of the property cultivated by Napoleon Villa, Sr. and transferred by Linda to the former
were nullified by the Department of Agrarian Reform Adjudication Board (DARAB).
Subsequently, they issued titles to Almero, et al. over the same property.

Issue:

Whether the lands under the homestead grant are exempt from agrarian reform coverage

Ruling:

No. Homestead grantees or their direct compulsory heirs can own and retain the original
homestead only for as long as they continue to cultivate them. That parcels of land are covered
by homestead patents will not automatically exempt them from the operation of land reform. In
order for the homestead grantees or their direct compulsory heirs to retain their homestead, the
following conditions must be satisfied: (a) they must still be the owners of the original
homestead at the time of R.A. No. 6657’s effectivity, and (b) they must continue to cultivate the
homestead land. Linda, as the direct compulsory heir of the original homestead grantee, is no
longer cultivating the homestead land. Though the parcels of land are covered by homestead
patents, it will not automatically exempt them from the operation of the land reform.