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    Panlilio vs. Dizon, G.R. No. 148777 - Case Digest

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    Alena Icao-Anotado
    Panlilio vs. Dizon, G.R. No. 148777 - case digest

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    Panlilio vs. Dizon, G.R. No. 148777 - Case Digest

    Uploaded by

    Alena Icao-Anotado
    6 views1 page
    Panlilio vs. Dizon, G.R. No. 148777 - case digest

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    Panlilio vs. Dizon, G.R. No. 148777 - case digest

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    Panlilio vs. Dizon, G.R. No. 148777 - case digest

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6 views1 page

    Panlilio vs. Dizon, G.R. No. 148777 - Case Digest

    Uploaded by

    Alena Icao-Anotado
    Panlilio vs. Dizon, G.R. No. 148777 - case digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Doctrines:

     While PD 27 clearly applies to private agricultural lands primarily devoted to rice and corn under a system of
    sharecrop or lease-tenancy, whether classified as landed estate or not, it does not preclude nor prohibit the disposition
    of landholdings planted with other crops to the tenants by express will of the landowner under PD 27.

    Estate of the Late Encarnacion Vda. de Panlilio vs. Dizon, G.R. No. 148777, October 18, 2007,
    VELASCO, JR., J.:

    FACTS:

    ISSUE/S:
    Whether or not a second affidavit not submitted by the landowner, wherein she repudiated her
    earlier affidavit that she agreed to have portions of her land placed under the coverage of the
    CARP—effectively revoke her agreement and waiver to the latter?

    RULING:
    No. The supreme court held that her second affidavit did not constitute a waiver of her agreement to place
    her lands under the coverage of the CARP. As correctly found by the DAR and the CA, the second affidavit
    was not authentic.

    While PD 27 clearly applies to private agricultural lands primarily devoted to rice and corn under a system
    of sharecrop or lease-tenancy, whether classified as landed estate or not, it does not preclude nor prohibit
    the disposition of landholdings planted with other crops to the tenants by express will of the landowner
    under PD 27. 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 er 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.

    Digested by: Alena Icao-Anotado pg. 1

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