Heirs of Pedro Atega vs Garilao

FACTS:

• The heirs of Pedro Atega owned a parcel of land containing an area of 129.4615 hectares. In December 1992 they received notice from the Provincial Agrarian Reform Office (PARO) that their land was subject of compulsory acquisition and distribution pursuant to RA 6657. They protested before the MARO the inclusion of their property in the CARP arguing that their land was classified as non-agricultural.  Apparently, the MARO ignored their protest.
• Petitioners filed with DAR-Region XIII an Application for Exemption from the coverage of CARP.  But their application for exemption was denied on the ground that SP Ordinance No. 33-79 invoked by them was not submitted for approval to the Housing and Land Use Regulatory Board (HLURB) as required.
• Petitioners thereafter filed with the Court of Appeals a Petition for Certiorari, Prohibition and Mandamus which assailed the Resolution of respondent Regional Director denying their Application for Exemption.
• CA dismissed the petition on the ground that petitioners acted prematurely in filing the petition before the appellate court.  The appellate court held that petitioners should have first exhausted all the available administrative remedies.
• Hence this petition
• Petitioners contention: the Regional Director gravely abused his authority in ruling that SP Resolution No. 33-79 of the City of Butuan was not submitted to the HLURB for approval.  They point out that per certification issued by the HLURB attached to their Motion for Reconsideration before the Court of Appeals, SP Resolution No. 33-79 was actually submitted to and approved by the HLURB.

ISSUE:  Whether or not the subject properties shall be covered by CARP

HELD:

• YES
• A meticulous perusal of the records would reveal that the certification issued by the HLURB to the petitioners did not even mention, much less can it be fairly inferred therefrom, that what was submitted and approved was indeed SP Resolution No. 33-79, contrary to the assertion of petitioners.
• According to DAR Adm. Order No. 6-94 and Department of Justice Opinion No. 44-90, an Application for Exemption from the coverage of CARP filed before the Regional Director must be accompanied by a certification from the HLURB that the pertinent zoning ordinance has been approved by the Board prior to 15 June 1988, the date when the CARL took effect.  In the instant case, no such accompanying certification from the HLURB was filed by petitioners.