SECOND DIVISION authorized representatives to desist from pursuing any activity or

activities concerning the subject land until further orders. v[5]

[G.R. No. 131457. April 24, 1998]
5. Despite the DARAB order of March 31, 1992, the DAR Regional
Director issued a memorandum, dated May 21, 1992, directing
HON. CARLOS O. FORTICH, PROVINCIAL GOVERNOR OF
the Land Bank to open a trust account for P2.38 million in the
BUKIDNON, HON. REY B. BAULA, MUNICIPAL MAYOR OF
name of NQSRMDC and to conduct summary proceedings to
SUMILAO, BUKIDNON, NQSR MANAGEMENT AND DEVELOPMENT
determine the just compensation of the subject property.
CORPORATION, petitioners, vs. HON. RENATO C. CORONA,
NQSRMDC objected to these moves and filed on June 9, 1992 an
DEPUTY EXECUTIVE SECRETARY, HON. ERNESTO D. GARILAO,
Omnibus Motion to enforce the DARAB order of March 31, 1992
SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM,
and to nullify the summary proceedings undertaken by the DAR
respondents.
Regional Director and Land Bank on the valuation of the subject
property.
DECISION
6. The DARAB, on October 22, 1992, acted favorably on the
MARTINEZ, J.: Omnibus Motion by (a) ordering the DAR Regional Director and
Land Bank to seriously comply with the terms of the order dated
The dramatic and well-publicized hunger strike staged by some March 31, 1992; (b) nullifying the DAR Regional Directors
alleged farmer-beneficiaries in front of the Department of memorandum, dated May 21, 1992, and the summary
Agrarian Reform compound in Quezon City on October 9, 1997 proceedings conducted pursuant thereto; and (c) directing the
commanded nationwide attention that even church leaders and Land Bank to return the claim folder of Petitioner NQSRMDCs
some presidential candidates tried to intervene for the strikers subject property to the DAR until further orders.vi[6]
cause.
7. The Land Bank complied with the DARAB order and cancelled
The strikers protested the March 29, 1996 Decision i[1] of the the trust account it opened in the name of petitioner NQSRMDC. vii
Office of the President (OP), issued through then Executive [7]
Secretary Ruben D. Torres in OP Case No. 96-C-6424, which
approved the conversion of a one hundred forty-four (144)- 8. In the meantime, the Provincial Development Council (PDC) of
hectare land from agricultural to agro-industrial/institutional Bukidnon, headed by Governor Carlos O. Fortich, passed
area. This led the Office of the President, through then Deputy Resolution No. 6,viii[8] dated January 7, 1993, designating certain
Executive Secretary Renato C. Corona, to issue the so-called areas along Bukidnon-Sayre Highway as part of the Bukidnon
Win-Win Resolutionii[2] on November 7, 1997, substantially Agro-Industrial Zones where the subject property is situated.
modifying its earlier Decision after it had already become
final and executory. The said Resolution modified the approval
9. What happened thereafter is well-narrated in the OP (TORRES)
of the land conversion to agro-industrial area only to the extent
Decision of March 29, 1996, pertinent portions of which we
of forty-four (44) hectares, and ordered the remaining one
quote:
hundred (100) hectares to be distributed to qualified farmer-
beneficiaries.
Pursuant to Section 20 of R.A. No. 7160, otherwise known as the
Local Government Code, the Sangguniang Bayan of Sumilao,
But, did the Win-Win Resolution culminate in victory for all the
Bukidnon, on March 4, 1993, enacted Ordinance No. 24
contending parties?
converting or re-classifying 144 hectares of land in Bgy. San
Vicente, said Municipality, from agricultural to
The above-named petitioners cried foul. They have come to this industrial/institutional with a view of providing an opportunity to
Court urging us to annul and set aside the Win-Win Resolution attract investors who can inject new economic vitality, provide
and to enjoin respondent Secretary Ernesto D. Garilao of the more jobs and raise the income of its people.
Department of Agrarian Reform from implementing the said
Resolution.
Parenthetically, under said section, 4 th to 5th class municipalities
may authorize the classification of five percent (5%) of their
Thus, the crucial issue to be resolved in this case is: What is the agricultural land area and provide for the manner of their
legal effect of the Win-Win Resolution issued by the Office of the utilization or disposition.
President on its earlier Decision involving the same subject
matter, which had already become final and executory?
On 12 October 1993, the Bukidnon Provincial Land Use
Committee approved the said Ordinance. Accordingly, on 11
The antecedent facts of this controversy, as culled from the December 1993, the instant application for conversion was filed
pleadings, may be stated as follows: by Mr. Gaudencio Beduya in behalf of NQSRMDC/BAIDA
(Bukidnon Agro-Industrial Development Association).
1. This case involves a 144-hectare land located at San Vicente,
Sumilao, Bukidnon, owned by the Norberto Quisumbing, Sr. Expressing support for the proposed project, the Bukidnon
Management and Development Corporation (NQSRMDC), one of Provincial Board, on the basis of a Joint Committee Report
the petitioners. The property is covered by a Transfer Certificate submitted by its Committee on Laws, Committee on Agrarian
of Title No. 14371iii[3] of the Registry of Deeds of the Province of Reform and Socio-Economic Committee approved, on 1 February
Bukidnon. 1994, the said Ordinance now docketed as Resolution No. 94-95.
The said industrial area, as conceived by NQSRMDC (project
2. In 1984, the land was leased as a pineapple plantation to the proponent) is supposed to have the following components:
Philippine Packing Corporation, now Del Monte Philippines, Inc.
(DMPI), a multinational corporation, for a period of ten (10) 1. The Development Academy of Mindanao which constitutes the
years under the Crop Producer and Growers Agreement duly following: Institute for Continuing Higher Education; Institute for
annotated in the certificate of title. The lease expired in April, Livelihood Science (Vocational and Technical School); Institute
1994. for Agribusiness Research; Museum, Library, Cultural Center, and
Mindanao Sports Development Complex which covers an area of
3. In October, 1991, during the existence of the lease, the 24 hectares;
Department of Agrarian Reform (DAR) placed the entire 144-
hectare property under compulsory acquisition and assessed the 2. Bukidnon Agro-Industrial Park which consists of corn
land value at P2.38 million.iv[4] processing for corn oil, corn starch, various corn products; rice
processing for wine, rice-based snacks, exportable rice; cassava
4. NQSRMDC resisted the DARs action. In February, 1992, it processing for starch, alcohol and food delicacies; processing
sought and was granted by the DAR Adjudication Board plants, fruits and fruit products such as juices; processing plants
(DARAB), through its Provincial Agrarian Reform Adjudicator for vegetables processed and prepared for market; cold storage
(PARAD) in DARAB Case No. X-576, a writ of prohibition with and ice plant; cannery system; commercial stores; public
preliminary injunction which ordered the DAR Region X Director, market; and abattoir needing about 67 hectares;
the Provincial Agrarian Reform Officer (PARO) of Bukidnon, the
Municipal Agrarian Reform Office (MARO) of Sumilao, Bukidnon,
the Land Bank of the Philippines (Land Bank), and their
3. Forest development which includes open spaces and parks for 12. To prevent the enforcement of the DAR Secretarys order,
recreation, horse-back riding, memorial and mini-zoo estimated NQSRMDC, on June 29, 1995, filed with the Court of Appeals a
to cover 33 hectares; and petition for certiorari, prohibition with preliminary injunction, xii
[12] docketed as CA-G.R. SP No. 37614.
4. Support facilities which comprise the construction of a 360-
room hotel, restaurants, dormitories and a housing project 13. Meanwhile, on July 25, 1995, the Honorable Paul G.
covering an area of 20 hectares. Dominguez, then Presidential Assistant for Mindanao, after
conducting an evaluation of the proposed project, sent a
memorandumxiii[13] to the President favorably endorsing the
The said NQSRMDC Proposal was, per Certification dated January
project with a recommendation that the DAR Secretary
4, 1995, adopted by the Department of Trade and Industry,
reconsider his decision in denying the application of the province
Bukidnon Provincial Office, as one of its flagship projects. The
for the conversion of the land.
same was likewise favorably recommended by the Provincial
Development Council of Bukidnon; the municipal, provincial and
regional office of the DAR; the Regional Office (Region X) of the 14. Also, in a memorandum xiv[14] to the President dated August
DENR (which issued an Environmental Compliance Certificate on 23, 1995, the Honorable Rafael Alunan III, then Secretary of the
June 5, 1995); the Executive Director, signing By Authority of Department of the Interior and Local Government (DILG),
PAUL G. DOMINGUEZ, Office of the President Mindanao; the recommended the conversion of the subject land to
Secretary of DILG; and Undersecretary of DECS Wilfredo D. industrial/institutional use with a request that the President hold
Clemente. the implementation of the DAR order to distribute the land in
question.
In the same vein, the National Irrigation Administration,
Provincial Irrigation Office, Bagontaas Valencia, Bukidnon, thru 15. On October 23, 1995, the Court of Appeals, in CA-G.R. SP
Mr. Julius S. Maquiling, Chief, Provincial Irrigation Office, No. 37614, issued a Resolution xv[15] ordering the parties to
interposed NO OBJECTION to the proposed conversion as long as observe status quo pending resolution of the petition. At the
the development cost of the irrigation systems thereat which is hearing held in said case on October 5, 1995, the DAR, through
P2,377.00 per hectare be replenished by the developer x x x. the Solicitor General, manifested before the said court that the
Also, the Kisolon-San Vicente Irrigators Multi Purpose DAR was merely in the processing stage of the applications of
Cooperative, San Vicente, Sumilao, Bukidnon, interposed no farmers-claimants and has agreed to respect status quo pending
objection to the proposed conversion of the land in question as it the resolution of the petition.xvi[16]
will provide more economic benefits to the community in terms
of outside investments that will come and employment
16. In resolving the appeal, the Office of the President, through
opportunities that will be generated by the projects to be put up
then Executive Secretary Ruben D. Torres, issued a Decision in
x x x.
OP Case No. 96-C-6424, dated March 29, 1996, reversing the
DAR Secretarys decision, the pertinent portions of which read:
On the same score, it is represented that during the public
consultation held at the Kisolan Elementary School on 18 March
After a careful evaluation of the petition vis--vis the grounds
1995 with Director Jose Macalindong of DAR Central Office and
upon which the denial thereof by Secretary Garilao was based,
DECS Undersecretary Clemente, the people of the affected
we find that the instant application for conversion by the
barangay rallied behind their respective officials in endorsing the
Municipality of Sumilao, Bukidnon is impressed with merit. To be
project.
sure, converting the land in question from agricultural to agro-
industrial would open great opportunities for employment and
Notwithstanding the foregoing favorable recommendation, bring about real development in the area towards a sustained
however, on November 14, 1994, the DAR, thru Secretary economic growth of the municipality. On the other hand,
Garilao, invoking its powers to approve conversion of lands under distributing the land to would-be beneficiaries (who are not even
Section 65 of R.A. No. 6657, issued an Order denying the instant tenants, as there are none) does not guarantee such benefits.
application for the conversion of the subject land from
agricultural to agro-industrial and, instead, placed the same
Nevertheless, on the issue that the land is considered a prime
under the compulsory coverage of CARP and directed the
agricultural land with irrigation facility it maybe appropriate to
distribution thereof to all qualified beneficiaries on the following
mention that, as claimed by petitioner, while it is true that there
grounds:
is, indeed, an irrigation facility in the area, the same merely
passes thru the property (as a right of way) to provide water to
1. The area is considered as a prime agricultural land with the ricelands located on the lower portion thereof. The land itself,
irrigation facility; subject of the instant petition, is not irrigated as the same was,
for several years, planted with pineapple by the Philippine
Packing Corporation.
2. The land has long been covered by a Notice of Compulsory
Acquisition (NCA);
On the issue that the land has long been covered by a Notice of
Compulsory Acquisition (NCA) and that the existing policy on
3. The existing policy on withdrawal or lifting on areas covered
withdrawal or lifting on areas covered by NCA is not applicable,
by NCA is not applicable;
suffice it to state that the said NCA was declared null and void by
the Department of Agrarian Reform Adjudication Board (DARAB)
4. There is no clear and tangible compensation package as early as March 1, 1992. Deciding in favor of NQSRMDC, the
arrangements for the beneficiaries; DARAB correctly pointed out that under Section 8 of R.A. No.
6657, the subject property could not validly be the subject of
5. The procedures on how the area was identified and reclassified compulsory acquisition until after the expiration of the lease
for agro-industrial project has no reference to Memo Circular No. contract with Del Monte Philippines, a Multi-National Company, or
54, Series of 1993, E.O. No. 72, Series of 1993, and E.O. No. until April 1994, and ordered the DAR Regional Office and the
124, Series of 1993. Land Bank of the Philippines, both in Butuan City, to `desist from
pursuing any activity or activities covering petitioners land.

A Motion for Reconsideration of the aforesaid Order was filed on

January 9, 1995 by applicant but the same was denied (in an On this score, we take special notice of the fact that the
Order dated June 7, 1995).ix[9] Quisumbing family has already contributed substantially to the
land reform program of the government, as follows: 300
hectares of rice land in Nueva Ecija in the 70s and another 400
10. Thus, the DAR Secretary ordered the DAR Regional Director hectares in the nearby Municipality of Impasugong, Bukidnon,
to proceed with the compulsory acquisition and distribution of the ten (10) years ago, for which they have not received just
property.x[10] compensation up to this time.

11. Governor Carlos O. Fortich of Bukidnon appealed xi[11] the Neither can the assertion that there is no clear and tangible
order of denial to the Office of the President and prayed for the compensation package arrangements for the beneficiaries hold
conversion/reclassification of the subject land as the same would water as, in the first place, there are no beneficiaries to speak
be more beneficial to the people of Bukidnon. about, for the land is not tenanted as already stated.
Nor can procedural lapses in the manner of 24. President Fidel V. Ramos then held a dialogue with the
identifying/reclassifying the subject property for agro-industrial strikers and promised to resolve their grievance within the
purposes be allowed to defeat the very purpose of the law framework of the law. He created an eight (8)-man Fact Finding
granting autonomy to local government units in the management Task Force (FFTF) chaired by Agriculture Secretary Salvador
of their local affairs. Stated more simply, the language of Section Escudero to look into the controversy and recommend possible
20 of R.A. No. 7160, supra, is clear and affords no room for any solutions to the problem.xxvi[26]
other interpretation. By unequivocal legal mandate, it grants
local government units autonomy in their local affairs including
25. On November 7, 1997, the Office of the President resolved
the power to convert portions of their agricultural lands and
the strikers protest by issuing the so-called Win/Win Resolution
provide for the manner of their utilization and disposition to
penned by then Deputy Executive Secretary Renato C. Corona,
enable them to attain their fullest development as self-reliant
the dispositive portion of which reads:
communities.

WHEREFORE, premises considered, the decision of the Office of

WHEREFORE, in pursuance of the spirit and intent of the said
the President, through Executive Secretary Ruben Torres, dated
legal mandate and in view of the favorable recommendations of
March 29, 1996, is hereby MODIFIED as follows:
the various government agencies abovementioned, the subject
Order, dated November 14, 1994 of the Hon. Secretary,
Department of Agrarian Reform, is hereby SET ASIDE and the 1. NQSRMDCs application for conversion is
instant application of NQSRMDC/BAIDA is hereby APPROVED. xvii APPROVED only with respect to the
[17] approximately forty-four (44) hectare portion
of the land adjacent to the highway, as
recommended by the Department of
17.On May 20, 1996, DAR filed a motion for reconsideration of
Agriculture.
the OP decision.

2. The remaining approximately one hundred

18 On September 11, 1996, in compliance with the OP decision
(100) hectares traversed by an irrigation
of March 29, 1996, NQSRMDC and the Department of Education,
canal and found to be suitable for agriculture
Culture and Sports (DECS) executed a Memorandum of
shall be distributed to qualified farmer-
Agreement whereby the former donated four (4) hectares from
beneficiaries in accordance with RA 6657 or
the subject land to DECS for the establishment of the NQSR High
the Comprehensive Agrarian Reform Law
School.xviii[18]
with a right of way to said portion from the
highway provided in the portion fronting the
When NQSRMDC was about to transfer the title over the 4- highway. For this purpose, the DAR and
hectare donated to DECS, it discovered that the title over the other concerned government agencies are
subject property was no longer in its name. It soon found out directed to immediately conduct the
that during the pendency of both the Petition for Certiorari, segregation survey of the area, valuation of
Prohibition, with Preliminary Injunction it filed against DAR in the the property and generation of titles in the
Court of Appeals and the appeal to the President filed by name of the identified farmer-beneficiaries.
Governor Carlos O. Fortich, the DAR, without giving just
compensation, caused the cancellation of NQSRMDCs title on
3. The Department of Agrarian Reform is hereby
August 11, 1995 and had it transferred in the name of the
directed to carefully and meticulously
Republic of the Philippines under TCT No. T-50264 xix[19] of the
determine who among the claimants are
Registry of Deeds of Bukidnon. Thereafter, on September 25,
qualified farmer-beneficiaries.
1995, DAR caused the issuance of Certificates of Land Ownership
Award (CLOA) No. 00240227 and had it registered in the name
of 137 farmer-beneficiaries under TCT No. AT-3536 xx[20] of the 4. The Department of Agrarian Reform is hereby
Registry of Deeds of Bukidnon. further directed to expedite payment of just
compensation to NQSRMDC for the portion of
the land to be covered by the CARP,
19. Thus, on April 10, 1997, NQSRMDC filed a complaint xxi[21]
including other lands previously surrendered
with the Regional Trial Court (RTC) of Malaybalay, Bukidnon
by NQSRMDC for CARP coverage.
(Branch 9), docketed as Civil Case No. 2687-97, for annulment
and cancellation of title, damages and injunction against DAR
and 141 others. The RTC then issued a Temporary Restraining 5. The Philippine National Police is hereby
Order on April 30, 1997xxii[22] and a Writ of Preliminary directed to render full assistance to the
Injunction on May 19, 1997,xxiii[23] restraining the DAR and 141 Department of Agrarian Reform in the
others from entering, occupying and/or wresting from NQSRMDC implementation of this Order.
the possession of the subject land.
We take note of the Memorandum in Intervention filed by 113
20. Meanwhile, on June 23, 1997, an Order xxiv[24] was issued by farmers on October 10, 1997 without ruling on the propriety or
then Executive Secretary Ruben D. Torres denying DARs motion merits thereof since it is unnecessary to pass upon it at this time.
for reconsideration for having been filed beyond the
reglementary period of fifteen (15) days. The said order further SO ORDERED.xxvii[27]
declared that the March 29, 1996 OP decision had already
become final and executory.
A copy of the Win-Win Resolution was received by Governor
Carlos O. Fortich of Bukidnon, Mayor Rey B. Baula of Sumilao,
21. The DAR filed on July 11, 1997 a second motion for Bukidnon, and NQSRMDC on November 24, 1997 xxviii[28] and, on
reconsideration of the June 23, 1997 Order of the President. December 4, 1997, they filed the present petition for certiorari,
prohibition (under Rule 65 of the Revised Rules of Court) and
22. On August 12, 1997, the said writ of preliminary injunction injunction with urgent prayer for a temporary restraining order
issued by the RTC was challenged by some alleged farmers and/or writ of preliminary injunction (under Rule 58, ibid.),
before the Court of Appeals through a petition for certiorari and against then Deputy Executive Secretary Renato C. Corona and
prohibition, docketed as CA-G.R. SP No. 44905, praying for the DAR Secretary Ernesto D. Garilao.
lifting of the injunction and for the issuance of a writ of
prohibition from further trying the RTC case. On December 12, 1997, a Motion For Leave To Intervene xxix[29]
was filed by alleged farmer-beneficiaries, through counsel,
23. On October 9, 1997, some alleged farmer-beneficiaries claiming that they are real parties in interest as they were
began their hunger strike in front of the DAR Compound in previously identified by respondent DAR as agrarian reform
Quezon City to protest the OP Decision of March 29, 1996. On beneficiaries on the 144-hectare property subject of this case.
October 10, 1997, some persons claiming to be farmer- The motion was vehemently opposedxxx[30] by the petitioners.
beneficiaries of the NQSRMDC property filed a motion for
intervention (styled as Memorandum In Intervention) in O.P. In seeking the nullification of the Win-Win Resolution, the
Case No. 96-C-6424, asking that the OP Decision allowing the petitioners claim that the Office of the President was prompted to
conversion of the entire 144-hectare property be set aside. xxv[25] issue the said resolution after a very well-managed hunger strike
led by fake farmer-beneficiary Linda Ligmon succeeded in
pressuring and/or politically blackmailing the Office of the
President to come up with this purely political decision to The office of a writ of certiorari is restricted to truly extraordinary
appease the farmers, by reviving and modifying the Decision of cases cases in which the act of the lower court or quasi-judicial
29 March 1996 which has been declared final and executory body is wholly void.xlv[45]
in an Order of 23 June 1997.xxxi[31] Thus, petitioners further
allege, respondent then Deputy Executive Secretary Renato C.
The aforequoted Section 1 of Rule 65 mandates that the person
Corona committed grave abuse of discretion and acted beyond
aggrieved by the assailed illegal act may file a verified petition
his jurisdiction when he issued the questioned Resolution of 7
(for certiorari) in the proper court. The proper court where the
November 1997.xxxii[32] They availed of this extraordinary writ of
petition must be filed is stated in Section 4 of the same Rule 65
certiorari because there is no other plain, speedy and adequate
which reads:
remedy in the ordinary course of law. xxxiii[33] They never filed a
motion for reconsideration of the subject Resolution because (it)
is patently illegal or contrary to law and it would be a futile SEC. 4. Where petition filed.- The petition may be filed not later
exercise to seek a reconsideration .xxxiv[34] than sixty (60) days from notice of the judgment, order or
resolution sought to be assailed in the Supreme Court or, if it
relates to the acts or omissions of a lower court or of a
The respondents, through the Solicitor General, opposed the
corporation, board, officer or person, in the Regional Trial Court
petition and prayed that it be dismissed outright on the following
exercising jurisdiction over the territorial area as defined by the
grounds:
Supreme Court. It may also be filed in the Court of Appeals
whether or not the same is in aid of its appellate jurisdiction, or
(1) The proper remedy of petitioners should have been to file a in the Sandiganbayan if it is in aid of its jurisdiction. If it involves
petition for review directly with the Court of Appeals in the acts or omissions of a quasi-judicial agency, and unless
accordance with Rule 43 of the Revised Rules of Court; otherwise provided by law or these Rules, the petition shall be
filed in and cognizable only by the Court of Appeals. (4a)
(2) The petitioners failed to file a motion for reconsideration of
the assailed Win-Win Resolution before filing the present Under the above-quoted Section 4, the Supreme Court, Court of
petition; and Appeals and Regional Trial Court have original concurrent
jurisdiction to issue a writ of certiorari, xlvi[46] prohibitionxlvii[47]
and mandamus.xlviii[48] But the jurisdiction of these three (3)
(3) Petitioner NQSRMDC is guilty of forum-shopping.
courts are also delineated in that, if the challenged act relates to
acts or omissions of a lower court or of a corporation, board,
These are the preliminary issues which must first be resolved, officer or person, the petition must be filed with the Regional
including the incident on the motion for intervention filed by the Trial Court which exercises jurisdiction over the territorial area as
alleged farmer-beneficiaries. defined by the Supreme Court. And if it involves the act or
omission of a quasi-judicial agency, the petition shall be filed
Anent the first issue, in order to determine whether the recourse only with the Court of Appeals, unless otherwise provided by law
of petitioners is proper or not, it is necessary to draw a line or the Rules of Court. We have clearly discussed this matter of
between an error of judgment and an error of jurisdiction. An concurrence of jurisdiction in People vs. Cuaresma, et. al.,xlix[49]
error of judgment is one which the court may commit in the through now Chief Justice Andres R. Narvasa, thus:
exercise of its jurisdiction, and which error is reviewable only by
an appeal.xxxv[35] On the other hand, an error of jurisdiction is x x x. This Courts original jurisdiction to issue writs of certiorari
one where the act complained of was issued by the court, officer (as well as prohibition, mandamus, quo warranto, habeas corpus
or a quasi-judicial body without or in excess of jurisdiction, or and injunction) is not exclusive. It is shared by this Court with
with grave abuse of discretion which is tantamount to lack or in Regional Trial Courts (formerly Courts of First Instance), which
excess of jurisdiction.xxxvi[36] This error is correctable only by the may issue the writ, enforceable in any part of their respective
extraordinary writ of certiorari.xxxvii[37] regions. It is also shared by this Court, and by the Regional Trial
Court, with the Court of Appeals (formerly, Intermediate
It is true that under Rule 43, appeals from awards, judgments, Appellate Court), although prior to the effectivity of Batas
final orders or resolutions of any quasi-judicial agency exercising Pambansa Bilang 129 on August 14, 1981, the latters
quasi-judicial functions,xxxviii[38] including the Office of the competence to issue the extraordinary writs was restricted to
President,xxxix[39] may be taken to the Court of Appeals by filing those in aid of its appellate jurisdiction. This concurrence of
a verified petition for reviewxl[40] within fifteen (15) days from jurisdiction is not, however, to be taken as according to parties
notice of the said judgment, final order or resolution, xli[41] seeking any of the writs an absolute, unrestrained freedom of
whether the appeal involves questions of fact, of law, or mixed choice of the court to which application therefor will be directed.
questions of fact and law.xlii[42] There is after all a hierarchy of courts. That hierarchy is
determinative of the venue of appeals, and should also serve as
a general determinant of the appropriate forum for petitions for
However, we hold that, in this particular case, the remedy the extraordinary writs. A becoming regard for that judicial
prescribed in Rule 43 is inapplicable considering that the present hierarchy most certainly indicates that petitions for the issuance
petition contains an allegation that the challenged resolution is of extraordinary writs against first level (inferior) courts should
patently illegalxliii[43] and was issued with grave abuse of be filed with the Regional Trial Court, and those against the
discretion and beyond his (respondent Secretary Renato C. latter, with the Court of Appeals. (Citations omitted)
Coronas) jurisdictionxliv[44] when said resolution substantially
modified the earlier OP Decision of March 29, 1996 which had
long become final and executory. In other words, the crucial But the Supreme Court has the full discretionary power to take
issue raised here involves an error of jurisdiction, not an error of cognizance of the petition filed directly to it if compelling
judgment which is reviewable by an appeal under Rule 43. Thus, reasons, or the nature and importance of the issues raised,
the appropriate remedy to annul and set aside the assailed warrant. This has been the judicial policy to be observed and
resolution is an original special civil action for certiorari under which has been reiterated in subsequent cases, namely: l[50] Uy
Rule 65, as what the petitioners have correctly done. The vs. Contreras, et. al.,li[51] Torres vs. Arranz,lii[52] Bercero vs. De
pertinent portion of Section 1 thereof provides: Guzman,liii[53] and Advincula vs. Legaspi, et. al. liv[54] As we
have further stated in Cuaresma:

SECTION 1. Petition for certiorari. When any tribunal, board or

officer exercising judicial or quasi-judicial functions has acted x x x. A direct invocation of the Supreme Courts original
without or in excess of its or his jurisdiction, or with grave abuse jurisdiction to issue these writs should be allowed only when
of discretion amounting to lack or excess of jurisdiction, and there are special and important reasons therefor, clearly and
there is no appeal, or any plain, speedy, and adequate remedy in specifically set out in the petition. This is established policy. It is
the ordinary course of law, a person aggrieved thereby may file a a policy that is necessary to prevent inordinate demands upon
verified petition in the proper court, alleging the facts with the Courts time and attention which are better devoted to those
certainty and praying that judgment be rendered annulling or matters within its exclusive jurisdiction, and to prevent further
modifying the proceedings of such tribunal, board or officer, and over-crowding of the Courts docket.
granting such incidental reliefs as law and justice may require.
Pursuant to said judicial policy, we resolve to take primary
xxx xxx x x x. jurisdiction over the present petition in the interest of speedy
justicelv[55] and to avoid future litigations so as to promptly put
an end to the present controversy which, as correctly observed
by petitioners, has sparked national interest because of the
magnitude of the problem created by the issuance of the assailed
resolution. Moreover, as will be discussed later, we find the documents which were earlier declared null and void by the
assailed resolution wholly void and requiring the petitioners to DARAB; (2) the cancellation of NQSRMDCs title was made
file their petition first with the Court of Appeals would only result without payment of just compensation; and (3) without notice to
in a waste of time and money. NQSRMDC for the surrender of its title. The present petition is
entirely different from the said two cases as it seeks the
nullification of the assailed Win-Win Resolution of the Office of
That the Court has the power to set aside its own rules in the
the President dated November 7, 1997, which resolution was
higher interests of justice is well-entrenched in our
issued long after the previous two cases were instituted.
jurisprudence. We reiterate what we said in Piczon vs. Court of
Appeals:lvi[56]
The fourth and final preliminary issue to be resolved is the
motion for intervention filed by alleged farmer-beneficiaries,
Be it remembered that rules of procedure are but mere tools
which we have to deny for lack of merit. In their motion,
designed to facilitate the attainment of justice. Their strict and
movants contend that they are the farmer-beneficiaries of the
rigid application, which would result in technicalities that tend to
land in question, hence, are real parties in interest. To prove
frustrate rather than promote substantial justice, must always be
this, they attached as Annex I in their motion a Master List of
avoided. Time and again, this Court has suspended its own rules
Farmer-Beneficiaries. Apparently, the alleged master list was
and excepted a particular case from their operation whenever the
made pursuant to the directive in the dispositive portion of the
higher interests of justice so require. In the instant petition, we
assailed Win-Win Resolution which directs the DAR to carefully
forego a lengthy disquisition of the proper procedure that should
and meticulously determine who among the claimants are
have been taken by the parties involved and proceed directly to
qualified farmer-beneficiaries. However, a perusal of the said
the merits of the case."
document reveals that movants are those purportedly Found
Qualified and Recommended for Approval. In other words,
As to the second issue of whether the petitioners committed a movants are merely recommendee farmer-beneficiaries.
fatal procedural lapse when they failed to file a motion for
reconsideration of the assailed resolution before seeking judicial
The rule in this jurisdiction is that a real party in interest is a
recourse, suffice it to state that the said motion is not necessary
party who would be benefited or injured by the judgment or is
when the questioned resolution is a patent nullity, lvii[57] as will
the party entitled to the avails of the suit. Real interest means
be taken up later.
a present substantial interest, as distinguished from a mere
expectancy or a future, contingent, subordinate or consequential
With respect to the third issue, the respondents claim that the interest.lix[59] Undoubtedly, movants interest over the land in
filing by the petitioners of: (a) a petition for certiorari, prohibition question is a mere expectancy. Ergo, they are not real parties in
with preliminary injunction (CA-G.R. SP No. 37614) with the interest.
Court of Appeals; (b) a complaint for annulment and cancellation
of title, damages and injunction against DAR and 141 others
Furthermore, the challenged resolution upon which movants
(Civil Case No. 2687-97) with the Regional Trial Court of
based their motion is, as intimated earlier, null and void. Hence,
Malaybalay, Bukidnon; and (c) the present petition, constitute
their motion for intervention has no leg to stand on.
forum shopping.

Now to the main issue of whether the final and executory

We disagree.
Decision dated March 29,1996 can still be substantially modified
by the Win-Win Resolution.
The rule is that:
We rule in the negative.
There is forum-shopping whenever, as a result of an adverse
opinion in one forum, a party seeks a favorable opinion (other
The rules and regulations governing appeals to the Office of the
than by appeal or certiorari) in another. The principle applies not
President of the Philippines are embodied in Administrative Order
only with respect to suits filed in the courts but also in
No. 18. Section 7 thereof provides:
connection with litigation commenced in the courts while an
administrative proceeding is pending, as in this case, in order to
defeat administrative processes and in anticipation of an SEC. 7. Decisions/resolutions/orders of the Office of the
unfavorable administrative ruling and a favorable court ruling. President shall, except as otherwise provided for by special laws,
This specially so, as in this case, where the court in which the become final after the lapse of fifteen (15) days from
second suit was brought, has no jurisdiction (citations omitted). receipt of a copy thereof by the parties, unless a motion for
reconsideration thereof is filed within such period.
The test for determining whether a party violated the rule
against forum shopping has been laid down in the 1986 case of Only one motion for reconsideration by any one party shall
Buan vs. Lopez (145 SCRA 34), x x x and that is, forum be allowed and entertained, save in exceptionally meritorious
shopping exists where the elements of litis pendentia are cases. (Emphasis ours)
present or where a final judgment in one case will amount
to res judicata in the other, as follows:
It is further provided for in Section 9 that The Rules of Court
shall apply in a suppletory character whenever practicable.
There thus exists between the action before this Court and RTC
Case No. 86-36563 identity of parties, or at least such parties as
When the Office of the President issued the Order dated June
represent the same interests in both actions, as well as identity
23,1997 declaring the Decision of March 29, 1996 final and
of rights asserted and relief prayed for, the relief being
executory, as no one has seasonably filed a motion for
founded on the same facts, and the identity on the two preceding
reconsideration thereto, the said Office had lost its jurisdiction to
particulars is such that any judgment rendered in the other
re-open the case, more so modify its Decision. Having lost its
action, will, regardless of which party is successful,
jurisdiction, the Office of the President has no more authority to
amount to res adjudicata in the action under
entertain the second motion for reconsideration filed by
consideration: all the requisites, in fine, of auter action
respondent DAR Secretary, which second motion became the
pendant.'lviii[58]
basis of the assailed Win-Win Resolution. Section 7 of
Administrative Order No. 18 and Section 4, Rule 43 of the
It is clear from the above-quoted rule that the petitioners are not Revised Rules of Court mandate that only one (1) motion for
guilty of forum shopping. The test for determining whether a reconsideration is allowed to be taken from the Decision of March
party has violated the rule against forum shopping is where a 29, 1996. And even if a second motion for reconsideration was
final judgment in one case will amount to res adjudicata in the permitted to be filed in exceptionally meritorious cases, as
action under consideration. A cursory examination of the cases provided in the second paragraph of Section 7 of AO 18, still the
filed by the petitioners does not show that the said cases are said motion should not have been entertained considering that
similar with each other. The petition for certiorari in the Court of the first motion for reconsideration was not seasonably filed,
Appeals sought the nullification of the DAR Secretarys order to thereby allowing the Decision of March 29, 1996 to lapse into
proceed with the compulsory acquisition and distribution of the finality. Thus, the act of the Office of the President in re-opening
subject property. On the other hand, the civil case in RTC of the case and substantially modifying its March 29,1996 Decision
Malaybalay, Bukidnon for the annulment and cancellation of title which had already become final and executory, was in gross
issued in the name of the Republic of the Philippines, with disregard of the rules and basic legal precept that accord finality
damages, was based on the following grounds: (1) the DAR, in to administrative determinations.
applying for cancellation of petitioner NQSRMDCs title, used
In San Luis, et al. vs. Court of Appeals, et al.lx[60] we held:

Since the decisions of both the Civil Service Commission and the
Office of the President had long become final and executory, the
same can no longer be reviewed by the courts. It is well-
established in our jurisprudence that the decisions and orders of
administrative agencies, rendered pursuant to their quasi-judicial
authority, have upon their finality, the force and binding effect of
a final judgment within the purview of the doctrine of res
judicata [Brillantes v. Castro, 99 Phil. 497 (1956), Ipekdijna
Merchandizing Co., Inc. v. Court of Tax Appeals, G.R. No. L-
15430, September 30, 1963, 9 SCRA 72.] The rule of res
judicata which forbids the reopening of a matter once judicially
determined by competent authority applies as well to the judicial
and quasi-judicial acts of public, executive or administrative
officers and boards acting within their jurisdiction as to the
judgments of courts having general judicial powers [Brillantes v.
Castro, supra at 503].

The orderly administration of justice requires that the

judgments/resolutions of a court or quasi-judicial body must
reach a point of finality set by the law, rules and regulations. The
noble purpose is to write finis to disputes once and for all. lxi[61]
This is a fundamental principle in our justice system, without
which there would be no end to litigations. Utmost respect and
adherence to this principle must always be maintained by those
who wield the power of adjudication. Any act which violates such
principle must immediately be struck down.

Therefore, the assailed Win-Win Resolution which substantially

modified the Decision of March 29, 1996 after it has attained
finality, is utterly void. Such void resolution, as aptly stressed by
Justice Thomas A. Streetlxii[62] in a 1918 case,lxiii[63] is a lawless
thing, which can be treated as an outlaw and slain at sight, or
ignored wherever and whenever it exhibits its head.lxiv[64]

WHEREFORE, the present petition is hereby GRANTED. The

challenged Resolution dated November 7, 1997, issued by the
Office of the President in OP Case No. 96-C-6424, is hereby
NULLIFIED and SET ASIDE. The Motion For Leave To Intervene
filed by alleged farmer-beneficiaries is hereby DENIED.

No pronouncement as to costs.

SO ORDERED.

Regalado, (Chairman), Melo, Puno, and Mendoza, JJ., concur.

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