Estrella vs. Francisco (GR No. 209384 June 27, 2016) PDF
Estrella vs. Francisco (GR No. 209384 June 27, 2016) PDF
Estrella vs. Francisco (GR No. 209384 June 27, 2016) PDF
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* SECOND DIVISION.
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lessee gives the latter rights that attach to the landholding, regardless of
whoever may subsequently become its owner. This strengthens the security
of tenure of the tenants and protects them from being dispossessed of the
landholding or ejected from their leasehold by the death of either the lessor
or of the tenant, the expiration of a term/period in the leasehold contract, or
the alienation of the landholding by the lessor. If either party dies, the
leasehold continues to bind the lessor (or his heirs) in favor of the tenant (or
his surviving spouse/descendants). In case the lessor alienates the land, the
transferee is subrogated to the rights and substituted to the obligations of the
lessor-transferor. The agricultural leasehold subsists, notwithstanding the
resulting change in ownership of the landholding, and the lessee’s rights are
made enforceable against the transferee or other successor-in-interest of the
original lessor.
Same; Same; Right of Preemption; To protect the lessee’s security of
tenure, the Agricultural Land Reform Code grants him the right of
preemption — the preferential right to buy the landholding under
reasonable terms and conditions if ever the agricultural lessor decides to
sell it.—To protect the lessee’s security of tenure, the Code grants him the
right of preemption — the preferential right to buy the landholding under
reasonable terms and conditions if ever the agricultural lessor decides to sell
it. As an added layer of protection, the Code also grants him the right to
redeem the landholding from the vendee in the event that the lessor sells it
without the lessee’s knowledge.
Same; Same; Right of Redemption; In Mallari v. Court of Appeals, 161
SCRA 503 (1988), the Supreme Court (SC) held that the lessee’s right of
redemption will not prescribe if he is not served written notice of the sale.—
In Mallari v. Court of Appeals, 161 SCRA 503 (1988), we held that the
lessee’s right of redemption will not prescribe if he is not served written
notice of the sale. We affirmed this ruling in Springsun Management
Systems Corporation v. Camerino, 449 SCRA 65 (2005), and Planters
Development Bank v. Garcia, 477 SCRA 185 (2005). More recently in Po v.
Dampal, 608 SCRA 627 (2009), we held that the failure of the vendee to
serve written notice of the sale to the lessee and the DAR prevents the
running of the 180-day redemption period; the lessee’s constructive
knowledge of
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the sale does not dispense with the vendee’s duty to give written notice.
Simply put, Section 12 expressly states that the 180-day period must be
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reckoned from written notice of sale. If the agricultural lessee was never
notified in writing of the sale of the landholding, there is yet no prescription
period to speak of.
Same; Same; Same; After the amendment of Section 12 of the
Agricultural Land Reform Code, a certification from the Land Bank that it
will finance the redemption will also suffice in lieu of tender of payment or
consignation.—After the amendment of Section 12 of the Code, a
certification from the Land Bank that it will finance the redemption will also
suffice in lieu of tender of payment or consignation.
Same; Same; Same; Ordinarily, the one hundred eighty (180)-day
redemption period begins to run from the date that the vendee furnishes
written notice of the sale to the lessee. The filing of a petition or request for
redemption with the Department of Agrarian Reform (DAR) (through the
Provincial Agrarian Reform Adjudicator [PARAD]) suspends the running of
the redemption period.—In the present case, Estrella manifested his
willingness to pay the redemption price but failed to tender payment or
consign it with the PARAD when he filed his complaint. To be sure, a
tenant’s failure to tender payment or consign it in court upon filing the
redemption suit is not necessarily fatal; he can still cure the defect and
complete his act of redemption by consigning his payment with the court
within the remaining prescriptive period. Ordinarily, the 180-day
redemption period begins to run from the date that the vendee furnishes
written notice of the sale to the lessee. The filing of a petition or request for
redemption with the DAR (through the PARAD) suspends the running of
the redemption period.
Same; Same; Social Justice; While we endeavor to protect the rights of
agricultural lessees, we must be mindful not to do so at the expense of
trampling upon the landowners’ rights which are likewise protected by law.
—The Agricultural Land Reform Code is a social legislation designed to
promote economic and social stability. It must be interpreted liberally to
give full force and effect to its clear intent, which is “to achieve a dignified
existence for the small farmers” and to make them “more independent, self-
reliant and responsible citizens, and a source of genuine strength in our
democratic society.”
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BRION, J.:
Antecedents
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1 Rollo, p. 30.
2 Penned by Associate Justice Normandie B. Pizarro and concurred in by
Associate Justices Remedios A. Salazar-Fernando and Leoncia R. Dimagiba.
3 Rollo, p. 91.
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595
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11 Id., at p. 84.
12 Id., at p. 88.
13 Id., at p. 91.
14 Id., at p. 9.
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15 Id., at p. 51.
16 Id., at p. 61.
17 Id., at pp. 62 and 64.
18 Id., at p. 30.
19 Id., at p. 20.
20 Id., at pp. 20 and 36.
21 Id., at pp. 20 and 38.
22 Id., at pp. 20 and 40.
597
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Our Ruling
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598
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28 Id.
29 Art. XIV, Sec. 12, 1973 Constitution.
30 Sec. 2, Comprehensive Agrarian Reform Law of 1988, R.A. No. 6657 (1988);
Sec. 2, R.A. No. 6389 (1971).
31 Secs. 9 and 10, Agricultural Land Reform Code. See also Relucio III v.
Macaraig, Jr., 255 Phil. 613, 622; 173 SCRA 635, 643 (1989); and Planters
Development Bank v. Garcia, 513 Phil. 294, 307; 477 SCRA 185, 196 (2005).
32 Secs. 9 and 10, Agricultural Land Reform Code.
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600
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601
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602
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603
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604
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Unfortunately, even after the lapse of the 240 days (the 60-day
freeze period and the 180-day redemption period), there was neither
tender nor judicial consignation of the redemption price. Even
though Estrella repeatedly manifested his willingness to consign the
redemption price, he never actually did.
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605
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54 Rollo, p. 34.
55 Catorce v. Court of Appeals, 214 Phil. 181, 184-185; 129 SCRA 210, 215
(1984).
606
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