G.R. No. 136814




Republic of the Philippines SUPREME COURT THIRD DIVISION G.R. No. 136814 September 2, 2005 SPOUSES CARLOS GOCOTANO and VISITACION GOCOTANO and CLODUALDO GOCOTANO, Petitioners, vs. SPOUSES MARCELO GOCOTANO and MARGARITA GOCOTANO, Respondent. D E C I S I O N SANDOVAL-GUTIERREZ, J.: Assailed in this petition for review on certiorari are the Resolutions¹ of the Court of Appeals dated June 3, 1998 and November 23, 1998 in CA-G.R. SP No. 47732. On November 14, 1997, spouses Carlos and Visitacion Gocotano and Clodualdo Gocotano, petitioners herein, filed with the Regional Trial Court (RTC), Branch 11, Cebu City, sitting as a Special Agrarian Court, a complaint² against spouses Marcelo Gocotano and Margarita Gocotano, respondents herein, for determination of just compensation of the land subject of this dispute, docketed as Civil Case No. CEB-21191. The complaint alleges inter alia that petitioners are the owners of a lot covered by Tax Declaration No. 12349, located at Tunga Basdiot, Moalboal, Cebu; that respondents, claiming as tenants of petitioners, filed with the Department of Agrarian Reform and Adjudication Board (DARAB), Region 07, Cebu an action for acquisition of the same lot pursuant to Republic Act No. 6657 (otherwise known as the Comprehensive Agrarian Reform Law of 1988), docketed as DARAB Case No. 2065; that the DARAB rendered judgment allowing the respondents to acquire the lot for a "measly sum of Eleven Thousand (₱11,000.00) Pesos only" although its real value is Two Million (₱2,000,000.00) Pesos based on the prevailing The Lawphil Project - Arellano Law Foundation