SECOND DIVISION

[ G.R. No. 181370, March 09, 2011 ]

Julian S. Lebrudo and Reynaldo L. Lebrudo, petitioners, vs. Remedios Loyola, Respondent.
Carpio, J.

TOPIC: Chapter VII Land Distribution - Transferability of awarded lands

FACTS:

This is a petition for review on certiorari assailing the decision of CA affirming the
decision of DARAB setting aside the decision of PARAD.

Respondent was the owner of the subject land in dispute. It was awarded to her by DAR
under CARL. Petitioner Julian Lebrudo, deceased, as represented by his son Reynaldo Lebrudo
claimed half of the subject land. Petitioner alleged that he was approached by respondent to
redeem the lot which was mortgaged to respondent's mother in exchange of half of the lot. A
Sinumpaang Salaysay was executed in favor of the petitioner promising the half of the lot and
committing herself to remove her house on the lot. Petitioner asked the respondent on the
fulfillment of the promise; however, it was not settled. Petitioner filed a petition with PARAD
and later decided in his favor. Respondent appealed with DARAB and decided in her favor.
PARAD's decision was reversed and set aside. Petitioner filed a motion for reconsideration but
was denied. Petitioner appealed the decision to CA but was held in favor of the respondent. CA
denied the motion for reconsideration, hence this appeal.

ISSUE RELATED TO TOPIC:

Whether or not Lebrudo is entitled to the one-half portion of the lot covered by RA 6657
on the basis of the waiver and transfer of rights embodied in the two Sinumpaang Salaysay
dated 28 December 1989 and 3 December 1992 allegedly executed by Loyola in his favor.

RULING:

No. The sale of land is void as it is against the provision of Section 27 of R.A. No. 6657.
Lands acquired by beneficiaries under this ACT may not be sold, transferred or conveyed
except through hereditary succession, or to the government, or to the LBP, or to other qualified
beneficiaries for a period of ten (10) years. In short, during the prohibitory 10-year period, any
sale, transfer or conveyance of land reform rights is void, except as allowed by law, in order to
prevent a circumvention of agrarian reform laws. The petition was denied and CA decision was
affirmed.