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MARIA CONSOLACION RIVERA-PASCUAL v. SPS. MARILYN LIM

FACTS:

The case involves a parcel of land with an approximate area of 4.4 hectares located in Valenzuela City. The property, covered by Transfer Certificate of Title (TCT) No. V-73892, is registered in the names of George and Marilyn Lim. On September 8, 2004, Maria Consolacion Rivera-Pascual (Consolacion) filed a petition before the Office of the Regional Agrarian Reform Adjudicator (RARAD) to be recognized as a tenant of the said property against Danilo Deato. During the pendency of the petition, Deato sold the property to Spouses Lim, leading to the issuance of TCT No. V-73892 in their favor. Consolacion then filed a motion to implead Spouses Lim as respondents. The RARAD granted the petition and declared Consolacion as the tenant of the property by succession from her deceased father. They also ordered Spouses Lim to maintain Consolacion in peaceful possession and cultivation of the land and declared Consolacion's right to exercise the right of redemption. The decision became final on July 7, 2006. Upon Consolacion's motion for execution, a writ of execution was issued. Consolacion then filed a petition against Spouses Lim and the Registrar of Deeds of Valenzuela City seeking the cancellation of TCT No. V-73892 and the acceptance of the redemption price she consigned. The RARAD granted the petition and ordered Spouses Lim to accept and withdraw the redemption price, execute a deed of redemption if they refuse, and cancel TCT No. V-73892. On appeal, the Department of Agrarian Reform Adjudication Board (DARAB) reversed the RARAD's decision and declared that the land was not lawfully redeemed and that Consolacion was not a bona fide tenant.

ISSUES:

  1. Whether or not Consolacion Rivera-Pascual is a tenant of the subject landholding.

  2. Whether or not Consolacion Rivera-Pascual has the right to exercise the right of redemption.

  3. Whether or not the landholding has been lawfully redeemed.

RULING:

  1. The Department of Agrarian Reform Adjudication Board (DARAB) held that Consolacion Rivera-Pascual is not a tenant of the subject landholding and therefore does not have the right to exercise the right of redemption. The DARAB also ruled that the landholding has not been lawfully redeemed. Thus, the DARAB reversed the Decision of the Regional Adjudicator and ordered the respondents to be maintained in peaceful possession of the subject landholding.

PRINCIPLES:

  • A tenant must be recognized as such to have the right to exercise the right of redemption.

  • The right of redemption can only be exercised if the redemption price is properly tendered and accepted.

  • the issue of whether the landholding has been lawfully redeemed depends on the specific facts and circumstances of the case.