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Philippine Supreme Court Jurisprudence > Year 1990 > December 1990 Decisions > G.R. No. 86889 December
4, 1990 - LUZ FARMS v. SEC. OF THE DEPT. OF AGRARIAN REFORM:
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DECISION
PARAS, J.:
This is a petition for prohibition with prayer for restraining order and/or preliminary and permanent
injunction against the Honorable Secretary of the Department of Agrarian Reform for acting without
jurisdiction in enforcing the assailed provisions of R.A. No. 6657, otherwise known as the Comprehensive
Agrarian Reform Law of 1988 and in promulgating the Guidelines and Procedure Implementing Production
and Profit Sharing under R.A. No. 6657, insofar as the same apply to herein petitioner, and further from
performing an act in violation of the constitutional rights of the petitioner.
As gathered from the records, the factual background of this case, is as follows: chanrob1es virtual 1aw library
On June 10, 1988, the President of the Philippines approved R.A. No. 6657, which includes the raising of
livestock, poultry and swine in its coverage (Rollo, p. 80).
DebtKollect Company, Inc. On January 2, 1989, the Secretary of Agrarian Reform promulgated the Guidelines and Procedures
Implementing Production and Profit Sharing as embodied in Sections 13 and 32 of R.A. No. 6657 (Rollo,
p. 80).
On January 9, 1989, the Secretary of Agrarian Reform promulgated its Rules and Regulations
implementing Section 11 of R.A. No. 6657 (Commercial Farms). (Rollo, p. 81).
Luz Farms, petitioner in this case, is a corporation engaged in the livestock and poultry business and
together with others in the same business allegedly stands to be adversely affected by the enforcement
of Section 3(b), Section 11, Section 13, Section 16(d) and 17 and Section 32 of R.A. No. 6657 otherwise
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known as Comprehensive Agrarian Reform Law and of the Guidelines and Procedures Implementing
Production and Profit Sharing under R.A. No. 6657 promulgated on January 2, 1989 and the Rules and
Regulations Implementing Section 11 thereof as promulgated by the DAR on January 9, 1989 (Rollo, pp.
2-36).chanrobles virtual lawlibrary
Hence, this petition praying that aforesaid laws, guidelines and rules be declared unconstitutional.
Meanwhile, it is also prayed that a writ of preliminary injunction or restraining order be issued enjoining
public respondents from enforcing the same, insofar as they are made to apply to Luz Farms and other
livestock and poultry raisers.
This Court in its Resolution dated July 4, 1939 resolved to deny, among others, Luz Farms’ prayer for the
issuance of a preliminary injunction in its Manifestation dated May 26, and 31, 1989. (Rollo, p. 98).
Later, however, this Court in its Resolution dated August 24, 1989 resolved to grant said Motion for
Reconsideration regarding the injunctive relief, after the filing and approval by this Court of an injunction
bond in the amount of P100,000.00. This Court also gave due course to the petition and required the
parties to file their respective memoranda (Rollo, p. 119).
ChanRobles Intellectual Property The petitioner filed its Memorandum on September 6, 1989 (Rollo, pp. 131-168).
Division On December 22, 1989, the Solicitor General adopted his Comment to the petition as his Memorandum
(Rollo, pp. 186-187).
Luz Farms questions the following provisions of R.A. 6657, insofar as they are made to apply to it: chanrob1es virtual 1aw library
(a) Section 3(b) which includes the "raising of livestock (and poultry)" in the definition of "Agricultural,
Agricultural Enterprise or Agricultural Activity." cralaw virtua1aw library
(b) Section 11 which defines "commercial farms" as "private agricultural lands devoted to commercial,
livestock, poultry and swine raising . . ." cralaw virtua1aw library
(d) Section 16(d) and 17 which vest on the Department of Agrarian Reform the authority to summarily
determine the just compensation to be paid for lands covered by the Comprehensive Agrarian Reform
Law.
(e) Section 32 which spells out the production-sharing plan mentioned in Section 13 —
". . . (W)hereby three percent (3%) of the gross sales from the production of such lands are distributed
within sixty (60) days of the end of the fiscal year as compensation to regular and other farmworkers in
such lands over and above the compensation they currently receive: Provided, That these individuals or
entities realize gross sales in excess of five million pesos per annum unless the DAR, upon proper
application, determine a lower ceiling.
In the event that the individual or entity realizes a profit, an additional ten (10%) of the net profit after
tax shall be distributed to said regular and other farmworkers within ninety (90) days of the end of the
fiscal year . . ." cralaw virtua1aw library
The main issue in this petition is the constitutionality of Sections 3(b), 11, 13 and 32 of R.A. No. 6657
(the Comprehensive Agrarian Reform Law of 1988), insofar as the said law includes the raising of
livestock, poultry and swine in its coverage as well as the Implementing Rules and Guidelines
promulgated in accordance therewith. chanrobles.com.ph : virtual law library
The constitutional provision under consideration reads as follows: chanrob1es virtual 1aw library
ARTICLE XIII
December-1990 Jurisprudence x x x
[G.R. No. 79560 : December 3, 1990.] 191 SCRA On the other hand, the public respondent argued that livestock and poultry raising is embraced in the
823 ANDRES E. DITAN, Petitioner, vs. PHILIPPINE term "agriculture" and the inclusion of such enterprise under Section 3(b) of R.A. 6657 is proper. He cited
OVERSEAS EMPLOYMENT ADMINISTRATION that Webster’s International Dictionary, Second Edition (1954), defines the following words: jgc:chanrobles.com.ph
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[G.R. No. 82115 : December 3, 1990.] 191 SCRA The petition is impressed with merit.
836 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs. ROMEO ORTIZ y BALLARES, Accused-Appellant. The question raised is one of constitutional construction. The primary task in constitutional construction is
to ascertain and thereafter assure the realization of the purpose of the framers in the adoption of the
[G.R. No. 84884 : December 3, 1990.] EULALIO M. Constitution (J.M. Tuazon & Co. v. Land Tenure Administration, 31 SCRA 413 [1970]).
RUIZ and ILUMINADA RUIZ, Petitioners, vs. HON.
chanrobles virtual lawlibrary
[G.R. No. 80505 : December 4, 1990.] 192 SCRA 28 "Line 19 refers to genuine reform program founded on the primary right of farmers and farmworkers. I
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, wonder if it means that leasehold tenancy is thereby proscribed under this provision because it speaks of
vs. MARIO TANDOY y LIM, Defendant-Appellant. the primary right of farmers and farmworkers to own directly or collectively the lands they till. As also
mentioned by Commissioner Tadeo, farmworkers include those who work in piggeries and poultry
[G.R. No. 80791 : December 4, 1990.] 192 SCRA 34 projects.
PEOPLE'S FINANCING CORP. and ENRIQUE V.
ARCENAS, Petitioners, vs. COURT OF APPEALS I was wondering whether I am wrong in my appreciation that if somebody puts up a piggery or a poultry
(Sixteenth Division), GAUDIOSO MANLIGUEZ and project and for that purpose hires farmworkers therein, these farmworkers will automatically have the
PURIFICACION MANLIGUEZ, Respondents. right to own eventually, directly or ultimately or collectively, the land on which the piggeries and poultry
projects were constructed. (Record, CONCOM, August 2, 1986, p. 618).
[G.R. No. 86586 : December 4, 1990.] 192 SCRA 42
NATIONAL IRRIGATION ADMINISTRATION,
x x x
Petitioner, vs. HONORABLE TEODORO P. REGINO,
PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH
84, QUEZON CITY and CONSTRUCTION SERVICES OF
AUSTRALIA-PHILIPPINES INC., Respondents. The questions were answered and explained in the statement of then Commissioner Tadeo, quoted as
follows:chanrob1es virtual 1aw library
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DIRECTOR OF LANDS and THE REPUBLIC OF THE Article X, Section I of the 1973 Constitution and which was adopted as part of the Freedom Constitution,
PHILIPPINES, Petitioners, vs. HON. RAMON C. and Article VIII, Section 1 of the 1987 Constitution) and which power this Court has exercised in many
FERNANDEZ, HERMOGENES CONCEPCION, JR., and instances (Demetria v. Alba, 148 SCRA 208 [1987]).
EMILIO A. GANCAYCO, ET AL., Respondents. [G.R. No.
56622 : December 10, 1990.] THE DIRECTOR OF PREMISES CONSIDERED, the instant petition is hereby GRANTED. Sections 3(b), 11, 13 and 32 of R.A.
LANDS and THE DIRECTOR OF FOREST DEVELOPMENT,
No. 6657 insofar as the inclusion of the raising of livestock, poultry and swine in its coverage as well as
Petitioners, vs. COURT OF APPEALS (Ninth Division),
GREGORIO A. LEGASPI and VALENTINA CERVANIA, the Implementing Rules and Guidelines promulgated in accordance therewith, are hereby DECLARED null
Respondents. [G.R. No. 70076 : December 10, 1990.] and void for being unconstitutional and the writ of preliminary injunction issued is hereby MADE
REYNALDA ESPEJO, BENITA GARLITOS and permanent.
ENRIQUETA OXCIANO, Petitioners, vs. INTERMEDIATE
APPELLATE COURT, HON. ANTONIO M. BELEN, as SO ORDERED.
Judge of the Regional Trial Court of Lingayen,
Pangasinan Branch XXXVIII and ASTERIO SAURA, Fernan (C.J.), Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Gancayco, Padilla, Bidin, Griño-Aquino,
Respondents. Medialdea and Regalado, JJ., concur.
[G.R. No. 44749 : December 10, 1990.] 192 SCRA Feliciano, J., is on leave.
141 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs. MELVIN GIRON y SANTOS, Accused-Appellant.
Separate Opinions
[G.R. No. 50661 : December 10, 1990.] 192 SCRA
151 RUBEN DELFIN, BENITO DOLOSA, CORNELIO
AGUILAR, ANASTACIO GORDOLA, CESAR PANALIGAN, SARMIENTO, J., concurring: chanrob1es virtual 1aw library
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RUBEN EUGENIO, REYNALDO ORTIZ, ORLANDO In view of the foregoing, it is clear that both kinds of lands are not similarly situated and hence, can not
ORTIZ, NOEL REYES, EDUARDO IMPERIAL, NESTOR be treated alike. Therefore, the assailed provisions which allow for the inclusion of livestock and poultry
SARMIENTO, FRANCO PALISOC, VIRGILIO DE industry within the coverage of the agrarian reform program constitute invalid classification and must
GUZMAN, ALBERTO REYES, JESSIE PINILI, ROMULO accordingly be struck down as repugnant to the equal protection clause of the Constitution.
AUGUIS, DOMINADOR RESURRECION III, RONNIE
chanrobles.com:cralaw:red
[G.R. No. 74762 : December 10, 1990.] 192 SCRA 3. Rollo, 29-30.
191 COMMERCIAL MOTORS CORPORATION,
Petitioner, vs. COMMISSIONERS, SECOND DIVISION,
NATIONAL LABOR RELATIONS COMMISSION, and
PEDRO UMLAS, Respondents.
[G.R. No. 78163 : December 10, 1990.] 192 SCRA Back to Home | Back to Main
199 ANGELINA P. SANTIAGO, Petitioner, vs. The
Honorable DEPUTY EXECUTIVE SECRETARY and HI-
CEMENT CORPORATION, Respondents.
QUICK SEARCH
[G.R. No. 79962 : December 10, 1990.] 192 SCRA
209 LUCIO R. CRUZ, Petitioner, vs. COURT OF
APPEALS AND CONRADO Q. SALONGA, Respondents.
1901 1902 1903 1904 1905 1906 1907 1908
[G.R. No. 80397 : December 10, 1990.] 192 SCRA
224 S & A GAISANO INCORPORATED, CANUTO CUPIN, 1909 1910 1911 1912 1913 1914 1915 1916
represented by his son Salvador P. Cupin as Attorney- 1917 1918 1919 1920 1921 1922 1923 1924
in-Fact; VICENTE CUPIN; EVARISTO CUPIN,
represented by his wife Marites R. Cupin as Attorney- 1925 1926 1927 1928 1929 1930 1931 1932
in-Fact; RAMON CUPIN; FE CUPIN and
1933 1934 1935 1936 1937 1938 1939 1940
BUENAVENTURA CUPIN, both represented by their
brother Ramon Cupin as Attorney-in-Fact, Petitioners, 1941 1942 1943 1944 1945 1946 1947 1948
vs. HON. VICENTE A. HIDALGO, Executive and 1949 1950 1951 1952 1953 1954 1955 1956
Presiding Judge of Regional Trial Court of Butuan City
and Agusan del Norte; Branch V, Region X; VICTOR 1957 1958 1959 1960 1961 1962 1963 1964
CHAN; ATTY. ARTURO RICAFORTE, in his capacity as 1965 1966 1967 1968 1969 1970 1971 1972
Register of Deeds of Butuan City; CITY ENGINEER
VICTORIOSO GO, in his capacity as National Building 1973 1974 1975 1976 1977 1978 1979 1980
Official of Butuan City, Respondents. 1981 1982 1983 1984 1985 1986 1987 1988
[G.R. No. 82215 : December 10, 1990.] 192 SCRA 1989 1990 1991 1992 1993 1994 1995 1996
232 ANTIPAZ PRESCO y PARAS, ANTONIO AMORES y 1997 1998 1999 2000 2001 2002 2003 2004
PARAS, and ANSELMA PARAS, Petitioners, vs. HON.
COURT OF APPEALS, HON. MARIANO UMALI, Judge of 2005 2006 2007 2008 2009 2010 2011 2012
the Regional Trial Court of Cavite, Branch 25, Trece 2013 2014 2015 2016 2017 2018
Martires City, HON. EDWINA P. MENDOZA, Judge of
the Municipal Trial Court of General Trias, Cavite,
MODESTO PARAS, and SIMPLICIO SANCHEZ,
Respondents.
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OFFICE OF THE MINISTER OF LABOR AND
EMPLOYMENT, represented by Deputy Minister
VICENTE LEOGARDO, JR. and ANGEL CHAVES,
Respondents.
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SR., PEPITO Q. QUITLONG, DIONISIO C. COMPLETO,
ANTONIO T. AVELINO, ANGELITO PAYABYAB, ISAIAS
A. RIEZA, DEODITO M. BELARMINO, QUEZON G.
MATEO, CARLITO PRE, CIPRIANO P. LUPEBA, EFREN
P. DINSAY, WILDON C. BARROS, SUSAN A. BERRO,
MANUEL A. LAVIN, ROY U. BACONGUIS, JEROME T.
FIEL, ANASTACIO G. CABALLERO, JR., ROGELIO E.
RAIZ, JOSE T. ISIDTO, ANGELITO M. ANICIETE, RAUL
ROBERTO C. NANQUIL, LIZA T. VILLANUEVA, CESAR S.
CRUZ, REYNALDO L. CALIGUIA, ERNESTO M.
SOLOMON, OSCAR G. AGUINALDO, DIEGO P. OLIVA,
JAIME D. NILLAS, ELPIDIO A. HERMOCILLA, DANTE L.
ESCOSURA, FEDERICO P. CONTEMPRATO, LAURO C.
MAKILING, RENATO O. MINDANAO, RAFAEL C. TURA
AND QUINTIN J. PEDRIDO, JR., Petitioners, vs.
NESTLÉ PHILIPPINES, INC., NATIONAL LABOR
RELATIONS COMMISSION, HON. EDUARDO G. MAGNO,
HON. ZOSIMO T. VASALLO and HON. EVANGELINE S.
LUBATON, Respondents.
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and NATIONAL LABOR RELATIONS COMMISSION,
SECOND DIVISION, Respondents.
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[G.R. Nos. 89682-83 : December 21, 1990.] 192
SCRA 655 PEOPLE OF THE PHILIPPINES, Plaintiff-
Appellee, vs. BENJAMIN HERICO, Defendant-
Appellant.
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G.R. No. 58668 December 4, 1990 - SANTIAGO
ESCARTE, JR., ET AL. v. OFFICE OF THE PRESIDENT OF
THE PHIL., ET AL.
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TRUSTEES, ET AL.
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G.R. No. 87807 December 21, 1990 - PEOPLE OF
THE PHIL. v. ISAGANI DESLATE, ET AL.
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G.R. No. 36827 December 10, 1990 - DIRECTOR OF
FOREST ADMINISTRATION, ET AL. v. RAMON C.
FERNANDEZ, ET AL.
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G.R. No. 46198 December 20, 1990 - DOMINGO
REYES v. SERAFIN E. CAMILON, ET AL.
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G.R. No. 82215 December 10, 1990 - ANTIPAZ P.
PRESCO, ET AL. v. COURT OF APPEALS, ET AL.
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