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G.R. No. 171107. September 5, 2012.*

ANITA C. VIANZON, Heir of the Late Lucila Candelaria

Gonzales, petitioner, vs. MINOPLE MACARAEG,
respondent.

Remedial Law; Civil Procedure; Appeals; The perfection of an

appeal in the manner and the period prescribed by law is
mandatory and jurisdictional.The perfection of an appeal in the
manner and the period prescribed by law is mandatory and
jurisdictional. Necessarily, the failure to conform to the rules will
render the judgment for review final and unappealable. By way of
exception, however, minor lapses are at times disregarded in
order to give due course to appeals filed beyond the reglementary
period on the basis of strong and compelling reasons, such as
serving the ends of justice and preventing a grave miscarriage
thereof. The period for appeal is set in order to avoid or prevent
undue delay in the administration of justice and to put an end to
controversies. It is there not to hinder the very ends of justice
itself. The Court cannot have purely technical and procedural
imperfections as the basis of its decisions. In several cases, the
Court held that cases should be decided only after giving all
parties the chance to argue their causes and defenses.
Agrarian Reform; Qualifications of a Beneficiary in Landed
Estates.The DAR issued A.O. No. 3, Series of 1990. The
foremost policy in said A.O.s Statement of Policies states, Land
has a social function, hence, there is a concomitant social
responsibility in its ownership and should, therefore, be
distributed to the actual tillers/occupants. Thus, A.O. No. 3 lays
down the qualifications of a beneficiary in landed estates in this
wise: he or she should be (1) landless; (2) Filipino citizen; (3)
actual occupant/tiller who is at least 15 years of age or head of the
family at the time of filing of application; and (4) has the
willingness, ability and aptitude to cultivate and make the land
productive.

PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.

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*THIRD DIVISION.

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Vianzon vs. Macaraeg

The facts are stated in the opinion of the Court.

Dela Cruz, Nague & Associates Law Offices for
petitioner.

MENDOZA, J.:
This is a Petition for Review on Certiorari under Rule 45
seeking to reverse and set aside the October 19, 2005
Decision1 of the Court of Appeals (CA), in CA-G.R. SP No.
88816, reversing the August 18, 2004 Resolution2 of the
Office of the President (OP) which declared the late Lucila
Candelaria Gonzales (Lucila) as the legitimate and lawful
purchaser beneficiary3 of

x x x Lot No. 1222, Psd-78000 of the Dinalupihan Landed

Estate administered by the Department of Agrarian Reform,
containing an area of 3.1671 hectares located at Barangay
Saguing, Dinalupihan, Bataan.4

The Factual and Procedural Antecedents:

The subject land formed part of the 10-hectare Lot No.
657 earlier awarded to the late Pedro Candelaria (Pedro),
the father of Lucila. In 1950, Pedro hired respondent
Minople Macaraeg (Minople) to work on Lot 657. In 1956,
Pedro divided Lot 657 among his four children, including
Lucila. Eventually, Lucilas undivided share became Lot
No. 1222, the subject landholding.5

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1Rollo, pp. 113-129; penned by Associate Justice Renato C. Dacudao
with Associate Justice Lucas P. Bersamin (now an Associate Justice of the
Supreme Court) and Associate Justice Celia C. Librea-Leagogo,
concurring.
2Id., at pp. 161-165.
3Id., at p. 165.
4Id., at p. 113.
5Id., at p. 114.

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On August 17, 1960, Lucila and the Land Tenure

Administration (LTA, now the Department of Agrarian
Reform) entered into a contract denominated as
Agreement to Sell No. 5216 involving Lot No. 1222.6
After almost 30 years, or on May 8, 1989, Lucilas
representative, petitioner Anita C. Vianzon (Anita),
executed a deed of absolute sale in favor of her daughter,
Redenita Vianzon (Redenita), conveying a 2.5-hectare
portion of the subject land. In connection with this, Minople
also affixed his signature on a document denominated as
Waiver of Right purportedly relinquishing all his rights
as well as his interest over the same property in favor of
Redenita.7
Soon thereafter, Anita filed two applications to purchase
the subject propertyone in 1990 and the other on August
7, 1996. Minople, however, also filed his own application to
purchase the same land on September 9, 1996. These
conflicting claims were brought before the Department of
Agrarian Reform (DAR). On November 6, 1996, the Chief of
the Legal Division of the DAR Provincial Office
recommended that the subject land be divided equally
between the two applicants since both had been in some
way remiss in their obligations under the agrarian rules.8
Based on the recommendation, the Officer-in-Charge
Municipal Agrarian Reform Officer (MARO) referred the
matter to the Provincial Agrarian Reform Officer (PARO) of
Bataan. In his First Endorsement, dated November 14,
1996, the PARO concurred with the findings and
recommendation of the Legal Division Chief and forwarded
its concurrence to the DAR Regional Director. The Officer-
in-Charge Regional Director (RD) issued a corresponding
order dividing the subject property equally between the
parties. According to

_______________
6Id., at p. 119.
7Id., at p. 114.
8Id., at p. 115.

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Vianzon vs. Macaraeg

him, because the parties were in pari delicto, the most

equitable solution is to award the property to both of
them.9

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Minople sought reconsideration but this was treated as

an appeal by the RD and was elevated to the DAR
Secretary, who, on November 10, 1997, set aside the order
and upheld Minoples right over the property.10 In setting
aside the RD order, the DAR Secretary found that it was
Minople who was the actual possessor/cultivator of the lot
in consideration.11 He pointed out that Lucilas act of
hiring Minople to render service pertaining to all the
aspects of farming did not only violate the old LTA
Administrative Order (A.O.) but it also contravened the
very undertaking made by Lucilas representative and heir,
Anita, in her latest sales application warranting its
rejection.
Aggrieved, Anita appealed to the OP. On June 18, 2003,
the OP issued a minute decision12 affirming in toto the
November 10, 1997 Order of the DAR Secretary. According
to the OP,

After a careful and thorough evaluation of the records of the

case, this Office hereby adopts by reference the findings of fact
and conclusions of law contained in the DAR Decision dated 10
November 1997.13

Anita then moved for reconsideration. On August 18,

2004, the OP, giving weight to the Agreement to Sell No.
5216 between Lucila and the DARs predecessor (the LTA),
issued a resolution reversing and setting aside its minute
decision and declaring Lucila as the legitimate and lawful
purchaser/ beneficiary of the landholding in question.14
The OP stated

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9 Id., at pp. 115-116.
10 Id., at p. 116.
11 Id., at p. 155.
12 Id., at p. 159.
13 Id.
14 Id., at p. 165.

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Vianzon vs. Macaraeg

that the subject lot had been paid for as early as 1971 and
that the same had been declared in the name of the late
Lucila for tax purposes. In addition, according to the OP,
the personal cultivation aspect of the said Agreement to
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Sell was achieved or carried out by Lucila with Minople

Macaraeg as her hired farmworker.15 The OP also took
note that neither the LTA nor the DAR failed to give the
necessary notice of cancellation to Lucila or Anita.16 Lastly,
the OP opined that when the Agreement to Sell was
executed back in 1960, Minople was merely hired as a
farmworker; ergo, his actual possession and cultivation
were not in the concept of owner which explained why the
LTA (now DAR) contracted with Lucila and not with
Minople.17
Not in conformity, Minople elevated the matter to the
CA via a petition for review under Rule 43. In upholding
Minoples right to the subject land, the CA anchored its
Decision on Section 22 of Republic Act (R.A.) No. 6657, or
the Comprehensive Agrarian Reform Law (CARL).
According to the CA, Minople had been working on the
contested lot since 1950, as a tenant and performing all
aspects of farming and sharing in the harvest of the land,
in conformity with DARs A.O. No. 3, Series of 1990,
pursuant to the CARL.18
Undaunted, Anita is now before this Court via this
petition for review on certiorari presenting the following
STATEMENT OF ISSUES
I. WHETHER OR NOT THE COURT OF APPEALS SERIOUSLY
ERRED IN PASSING OVER THE MERITS OF THE
PETITION FOR REVIEW FILED BY THE RESPONDENT
BEFORE THE SAID COURT DESPITE THE FACT THAT
RESPONDENT

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15 Id., at p. 163.

16 Id.

17 Id., at pp. 162-164.

18 Id., at pp. 126-127.

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Vianzon vs. Macaraeg

THEREIN FILED THE SAME BEYOND THE

REGLEMENTARY PERIOD FOR FILING THE SAME.
II. WHETHER OR NOT THE COURT OF APPEALS
SERIOUSLY ERRED IN RULING THAT THE RESPONDENT,
AS TENANT, HAS LEGAL STANDING IN IMPUGNING THE
OWNERSHIP OF THE PETITIONER, HIS LANDLORD, IN
CONTRAVENTION OF THE PROVISIONS OF ARTICLE 1436
OF THE CIVIL CODE OF THE PHILIPPINES AS WELL AS

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SECTION 3(B), RULE 131 OF THE RULES OF COURT AND

OTHER JURISPRUDENCE ON THE MATTER.
III. WHETHER OR NOT THE COURT OF APPEALS
SERIOUSLY ERRED IN DEPRIVING THE PETITIONER OF
HER PROPERTY IN VIOLATION OF DUE PROCESS OF
LAW AS WELL AS THE NON-IMPAIRMENT CLAUSE OF
THE CONSTITUTION IN VIEW OF THE LACK OF NOTICE
OF CANCELLATION OF THE AGREEMENT TO SELL.
IV. WHETHER OR NOT THE COURT OF APPEALS ERRED IN
RULING THAT PETITIONER VIOLATED THE CONDITIONS
CONTAINED IN THE AGREEMENT TO SELL.
V. WHETHER OR NOT THE COURT OF APPEALS ERRED IN
RULING THAT THE AWARD OF THE LAND TO THE
RESPONDENT WAS EQUIVALENT TO A NOTICE OF
CANCELLATION OF THE AGREEMENT TO SELL.19

The Court finds no merit in the petition.

On the procedural issue
Indeed, the perfection of an appeal in the manner and
the period prescribed by law is mandatory and
jurisdictional.

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19 Id., at pp. 330-331.

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Vianzon vs. Macaraeg

Necessarily, the failure to conform to the rules will

render the judgment for review final and unappealable. By
way of exception, however, minor lapses are at times
disregarded in order to give due course to appeals filed
beyond the reglementary period on the basis of strong and
compelling reasons, such as serving the ends of justice and
preventing a grave miscarriage thereof. The period for
appeal is set in order to avoid or prevent undue delay in the
administration of justice and to put an end to controversies.
It is there not to hinder the very ends of justice itself. The
Court cannot have purely technical and procedural
imperfections as the basis of its decisions. In several cases,
the Court held that cases should be decided only after
giving all parties the chance to argue their causes and
defenses.20

In Philippine National Bank, et al. v. Court of Appeals, we

allowed, in the higher interest of justice, an appeal filed three

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days late.
In Republic v. Court of Appeals, we ordered the Court of
Appeals to entertain an appeal filed six days after the expiration
of the reglementary period; while in Siguenza v. Court of Appeals,
we accepted an appeal filed thirteen days late. Likewise, in
Olacao v. NLRC, we affirmed the respondent Commissions order
giving due course to a tardy appeal to forestall the grant of
separation pay twice since the issue of separation pay had been
judicially settled with finality in another case. All of the
aforequoted rulings were reiterated in our 2001 decision in the
case of Equitable PCI Bank v. Ku. (previous citations omitted)21

There is no denying that the controversy between the

parties involves the very right over a considerable spread of
land.

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20 Republic Cement Corp. v. Guinmapang, G.R. No. 168910, August
21, 2009, 596 SCRA 688, 695; Gana v. National Labor Relations
Commission, G.R. No. 164640, June 13, 2008, 554 SCRA 471, 481.
21 Gana v. National Labor Relations Commission, G.R. No. 164680,
June 13, 2008, 554 SCRA 471, 481.

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In fact, it is Anitas position that the opposing parties in

this case have equal substantive rights over the lot in
question.22 It was, therefore, correct on the part of the CA
not to permit a mere procedural lapse to determine the
outcome of this all too important case. It must be noted
that the CA was the first level of judicial review, and
coming from the OPs vacillating stance over the
controversy, it was but correct to afford the parties every
chance to ventilate their cause. Considering further that
the party who failed to meet the exacting limits of an
appeal by a mere seven days was an old farmer who was
not only unlearned and unskilled in the ways of the law but
was actually an illiterate who only knew how to affix his
signature,23 certainly, to rule based on technicality would
not only be unwise, but would be inequitable and unjust.
All told, the Court sanctions the CA ruling allowing the
petition for review of Minople.
On the substantive issue
The Court now proceeds with the crux of the case, that
is, who between the opposing parties has a rightful claim to
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the subject landholding? In resolving the second and the

fourth issues, this Court finds it inevitable to resolve the
third and the fifth issues as well. Thus, the Court will
discuss them jointly.
The beacon that will serve as our guide in settling the
present controversy is found in the Constitution, more
particularly Articles II and XIII:

Article II
SEC. 21. The State shall promote comprehensive rural
development and agrarian reform.
xxx

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22 Rollo, p. 52.
23 Id., at p. 405.

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