ESTATE OF THE LATE ENCARNACION VDA.

DE PANLILIO, represented by GEORGE

LIZARES v GONZALO DIZON, RICARDO GUINTU, ROGELIO MUNOZ, ELISEO GUINTU,
ROBERTO DIZON, EDILBERTO CATU, HERMINIGILDO FLORES, CIPRIANO DIZON,
JUANARIO MANIAGO, GORGONIO CANLAS, ANTONIO LISING, CARLOS PINEDA,
RENATO GOZUN, ALFREDO MERCADO, BIENVENIDO MACHADA, and the REGIONAL
DIRECTOR of the DEPARTMENT OF AGRARIAN REFORM, REGION III
G.R. No. 148777, October 18, 2007, Velasco Jr. J.
Waiver or an intentional and voluntary surrender of a right can give rise to a valid title or
ownership of a property in favor of another under Article 6 of the Civil Code.
Facts:
Deceased Encarnacion Vda De Panilio (Panlilio) is the owner of various tracts of land located
in Pampanga. Several tenant-farmers, herein private respondents, were planting rice plant
upon the aforementioned tracts of land. On January 20, 1988, Panlilio executed an affidavit
which states that she has placed under the coverage of PD 27 the vast tracts of land without
and exception and therefore be later sold to the tenant-farmers tending the same. Thus
pursuant to the January 20 affidavit, Emancipation Patents (EP) were issued to the tenantfarmers tending the aforementioned tracts of land. On December 29, 1986 Panlilio died.
Thereafter George Lizares (Lizares) herein petitioner and administrator of the estate of
Panlilio filed a complaint for cancellation of the EP issued to the tenant-farmers on the
ground that Panlilio executed a subsequent affidavit dated February 3, 1977 effectively
revoking the prior affidavit executed last January 20 of the same year. The complaint was
filed with the Provincial Agrarian Reform Adjudicator (PARAD)
The PARAD dismissed the complaint of Lizares. On appeal with the Department of Agrarian
Reform Adjudication Board (DARAB) the DARAB affirmed the decision of the PARAD. The CA
also affirmed the decision of the PARAD. It held that the February 3 affidavit was not an
authentic document. Now, Lizares comes to the Supreme Court assailing the decision of the
CA. Hence this petition.
Issue:
Whether the January 12, 1977 affidavit executed by Panlilio contained a valid waiver.
Ruling:
Yes. In the instant case, a large portion of Hacienda Masamat with an aggregate area of
115.41 hectares was planted with sugar cane. It is undisputed, as was duly shown in the
January 12, 1977 Panlilio Affidavit, that only 50.22 hectares were planted with palay. Thus,
approximately 65.19 hectares of the subject landholdings were planted with sugar cane
aside from the portions used for the residences of the tenants and planted with crops for
their daily sustenance. Needless to say, with the January 12, 1977 Panlilio Affidavit, she
expressed her intent to include the 65.19 hectares to be placed under the OLT pursuant to
PD 27 in favor of her tenants which otherwise would have been exempt. Indeed, waiver or
an intentional and voluntary surrender of a right can give rise to a valid title or ownership of
a property in favor of another under Article 6 of the Civil Code. Thus, such disposition
through the OLT pursuant to PD 27 is indeed legal and proper and no irregularity can be
attributed to the DAR which merely relied on the January 12, 1977 Panlilio Affidavit.