GR No.

109992
Heirs of Late Herman Rey Santos vs. Court of Appeals

FACTS:

A parcel of land levied on execution by the MTC, which was sold at public auction
with Herman Rey Santos. The land was registered by Santos with the registry of
deeds of Bulacan after private respondent Exequiel Garcia failed to exercise his
right of redemption within the reglementary period. Hence, a Final Deed of Sale
was executed by Ex-Officio Sheriff Carmelita Itapo in favor of Santos.

Private respondent filed a petition for injunction and damages with an application
for issuance of preliminary injunction with DARAB, praying that petitioner be
enjoined from preventing them from gathering mango fruits. DARAB issued its
order allowing the gathering of mango fruits and directing that proceeds be
deposited with the Adjudication Board.

ISSUES:
Whether or not the DARAB has jurisdiction over the controversy and whether it is
proper for DARAB to take cognizance of the respondent’s petition for injunction
and of Pantaleon Antonio’s motion for intervention?

RULING:
No. The DARAB has no jurisdiction over the controversy, for there is no agrarian
dispute involved in the case. According to the case of Morta vs. Occidental, et. Al.,
for DARAB to have jurisdiction over a case, a tenancy relationship between the
parties must exist. Petitioners and the private respondents have no tenurial,
leasehold or any agrarian relations, therefore, the case does not fall under the
jurisdiction of the DARAB. In the motion for intervention by Pantaleon Antonio,
considering that DARAB had no jurisdiction and an issue of ownership is involved,
hence, it automatically abolishes the motion for intervention. The Court reversed
and set aside the decision of the CA which affirmed the two (2) orders of DARAB
and consequently, permanently enjoined DARAB from hearing the motion for
intervention of Pantaleon Antonio.

FENIX, CZYRA JANE A.