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    Nuesa V CA Admin Law

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    Gin Francisco
    The Secretary of Agrarian Reform issued an Order of Award granting two parcels of land to Jose Verdillo under certain conditions. After 21 years, a private respondent filed an application claiming to have fulfilled the conditions. Petitioner Restituto Rivera protested, claiming he had possessed and cultivated the land. The DAR Regional Director cancelled the Order of Award in favor of the private respondent. The DARAB Provincial Adjudicator reversed this decision without allowing the petitioner to present his case. The Supreme Court ruled that the DARAB overstepped its authority and should have allowed an appeal to the Secretary of DAR instead of overturning the Regional Director's decision.

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    Nuesa V CA Admin Law

    Uploaded by

    Gin Francisco
    64 views1 page
    The Secretary of Agrarian Reform issued an Order of Award granting two parcels of land to Jose Verdillo under certain conditions. After 21 years, a private respondent filed an application claiming to have fulfilled the conditions. Petitioner Restituto Rivera protested, claiming he had possessed and cultivated the land. The DAR Regional Director cancelled the Order of Award in favor of the private respondent. The DARAB Provincial Adjudicator reversed this decision without allowing the petitioner to present his case. The Supreme Court ruled that the DARAB overstepped its authority and should have allowed an appeal to the Secretary of DAR instead of overturning the Regional Director's decision.

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    Judicial Remedies Chapter

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    Nuesa v CA Admin Law

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    The Secretary of Agrarian Reform issued an Order of Award granting two parcels of land to Jose Verdillo under certain conditions. After 21 years, a private respondent filed an application claiming to have fulfilled the conditions. Petitioner Restituto Rivera protested, claiming he had possessed and cultivated the land. The DAR Regional Director cancelled the Order of Award in favor of the private respondent. The DARAB Provincial Adjudicator reversed this decision without allowing the petitioner to present his case. The Supreme Court ruled that the DARAB overstepped its authority and should have allowed an appeal to the Secretary of DAR instead of overturning the Regional Director's decision.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    64 views1 page

    Nuesa V CA Admin Law

    Uploaded by

    Gin Francisco
    The Secretary of Agrarian Reform issued an Order of Award granting two parcels of land to Jose Verdillo under certain conditions. After 21 years, a private respondent filed an application claiming to have fulfilled the conditions. Petitioner Restituto Rivera protested, claiming he had possessed and cultivated the land. The DAR Regional Director cancelled the Order of Award in favor of the private respondent. The DARAB Provincial Adjudicator reversed this decision without allowing the petitioner to present his case. The Supreme Court ruled that the DARAB overstepped its authority and should have allowed an appeal to the Secretary of DAR instead of overturning the Regional Director's decision.

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    Nuesa v. Court of Appeals, G.R. No.

    132048 March 6, 2002

    FACTS: The Secretary of Agrarian Reform issued an Order of Award in favor of Jose
    Verdillo over two (2) parcels of agricultural land under certain conditions. After twenty-
    one years, private respondent filed an application with the Regional Office of the
    Department of Agrarian Reform for the purchase of said lots claiming that he had
    complied with the conditions set forth in the order. Restituto Rivera, herein petitioner,
    filed a letter of protest against private respondent claiming that contrary to the
    manifestation of private respondent, it is petitioner who had been in possession of the
    land and had been cultivating the same. Petitioner filed his own application for said
    parcels in opposition to that of private respondent. After investigation, petitioner,
    Regional Director of DAR, Antonio M. Nuesa, ordered the cancellation of the Order of
    Award in favor of private respondent. Private respondent filed a petition with the
    Provincial Adjudication Board for annulment of said order. Herein petitioners filed a
    motion to dismiss the petition on the ground that the proper remedy was an appeal to the
    Secretary of the Department of Agrarian Reform from the order of the Regional Director.
    The DARAB Provincial Adjudicator denied the petitioners' motion to dismiss and
    reversed the order of the Regional Director. The said decision was affirmed by the DAR
    Appellate Adjudication Board and later on by the Court of Appeals. Hence, this petition
    for review.

    ISSUE: W/N Board of Adjudicators had authority to take cognizance of the case

    HELD: The Supreme Court ruled that the revocation by the DAR Regional Director of
    the earlier Order of Award by the Secretary of Agriculture falls under the administrative
    functions of the DAR. The DARAB and its Provincial Adjudicator or Board of
    Adjudicators acted erroneously and with grave abuse of discretion in taking cognizance
    of the case, then overturning the decision of the DAR Regional Director and deciding the
    case on the merits without affording the petitioner the opportunity to present his case.

    While it bears emphasizing that findings of administrative agencies, which have acquired
    expertise because their jurisdiction is confined to specific matters are accorded not only
    respect but even finality by the courts, care should be taken that administrative actions
    are not done without due regard to the jurisdictional boundaries set by the enabling law
    for each agency.

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