TOPIC: Administrative Res Judicata

LEONEN, J.:

Res judicata applies also in administrative cases- the rule which forbids the reopening
of a matter once judicially determined by competent authority applies as well to the
judicial and quasi-judicial facts of public, executive or administrative o cers and
boards acting within their jurisdiction as to the judgments of courts having general
judicial powers.
Facts:

Ligtas was charged with the crime of theft under Article 308 of the Revised Penal
Code for unlawfully and feloniously harvesting 1,000 kilos of abaca bers, valued at
Php29,000.00 at Php29.00 per kilo, without the consent of said owner, Anecita Pacate.
The DARAB rendered the Decision ruling that Ligtas was a bona de tenant of the
land.While records are bereft as to when the DARAB Decision was formally o ered as
evidence before the trial court, records are clear that the DARAB Decision was
considered by both the trial court and Court of Appeals and without any objection on
the part of the People of the Philippines. The Regional Trial Court held that the
prosecution was able to prove the elements of theft and held Ligtas guilty thereof. On
appeal, the Court of Appeals a rmed the trial Court. The Court of Appeals declared
that Ligtas' reliance on the DARAB Decision declaring him as a bona de tenant of the
land is irrelevant in the case at bar. Hence, this case.

Issue:

Whether or not DARAB Decision, nding petitioner Monico Ligtas as tenant of the land
owned by private complainant is conclusive or can be taken judicial notice of in a
criminal case for theft

Ruling:

Yes. The Supreme Court ruled that in this case, the ndings of the DARAB were
supported by substantial evidence. Generally, decisions in administrative cases are
not binding on criminal proceedings. However, this case does not involve an
administrative charge stemming from the
same set of facts involved in a criminal proceeding. Signi cantly, respondent did not
appeal the Decision of the DARAB; consequently, the same has attained nality and
constitutes res judicata on the issue of petitioner's status as a tenant of respondent.

Res judicata is a concept applied in the review of lower court decisions in accordance
with the hierarchy of courts. But jurisprudence has also recognized the rule of
administrative res judicata: The rule which forbids the reopening of a matter once
judicially determined by competent authority applies as well to the judicial and quasi-
judicial facts of public, executive or administrative o cers and boards acting within
their jurisdiction as to the judgments of courts having general judicial powers. Res
judicata embraces two concepts: (1) bar by prior judgment as

enunciated in Rule 39, Section 47(b) of the Rules of Civil Procedure; and (2)
conclusiveness of judgment in Rule 39, Section 47(c).There is "bar by prior judgment"
when, as between the rst case where the judgment was rendered and the second
case that is sought to be barred, there is identity of parties, subject matter, and causes
of action. In this instance, the judgment in the rst case constitutes an absolute bar to
the second action. But where there is identity of parties in the rst and second cases,
but no identity of causes of action, the rst judgment is conclusive only as to those
matters actually and directly controverted and determined and not as to matters
merely involved therein. This is the concept of res judicata known as "conclusiveness
of judgment." Stated di erently, any right, fact or matter in issue directly adjudicated
or necessarily involved in the determination of an action before a competent court in
which judgment is rendered on the merits is conclusively settled by the judgment
therein and cannot again be litigated between the parties and their privies, whether or
not the claim, demand, purpose, or subject matter of the two actions
is the same.

The elements of res judicata are: (1) the judgment sought to bar the new action must
be nal; (2) the

decision must have been rendered by a court having jurisdiction over the subject
matter and the parties; (3) the disposition of the case must be a judgment on the
merits; and (4) there must be as between the rst and second action, identity of
parties, subject matter, and causes of action. Should identity of parties, subject matter,
and causes of action be shown in the two cases, then res judicata in its aspect as a
"bar by prior judgment" would apply. If as between the two cases, only identity of
parties can be shown, but not identical causes of action, then res judicata as
"conclusiveness of judgment" applies. In the DARAB, there being no appeal
interposed therefrom, attained nality. Accordingly, the matter regarding the status of
Ligtas as a tenant farmer and the validity of the CLT and Emancipation Patents issued
in his favor are settled and no longer open to doubt and controversy.

The Supreme Court granted the petition.

CASES REPORTED

SUPREME  COURT  REPORTS  ANNOTATED

____________________

G.R. No. 200751.  August 17, 2015.*

MONICO LIGTAS, petitioner, vs. PEOPLE OF THE

PHILIPPINES, respondent.

Remedial Law; Civil Procedure; Appeals; Petition for Review on

Certiorari; Only questions of law are allowed in a petition for review

under Rule 45 of the Rules of Court. Factual findings of the Regional

Trial Court (RTC) are conclusive and binding on the Supreme Court
(SC) when affirmed by the Court of Appeals (CA).·Only questions

of law are allowed in a petition for review under Rule 45 of the

Rules of Court. Factual findings of the Regional Trial Court are

conclusive

_______________

* SECOND DIVISION.

2 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

and binding on this court when affirmed by the Court of

Appeals. This court has differentiated between a question of law
and question of fact: A question of law exists when the doubt or
controversy concerns the correct application of law or jurisprudence
to a certain set of facts; or when the issue does not call for an
examination of the probative value of the evidence presented, the
truth or falsehood of facts being admitted. A question of fact exists
when the doubt or difference arises as to the truth or falsehood of
facts or when the query invites calibration of the whole evidence
considering mainly the credibility of the witnesses, the existence
and relevancy of specific surrounding circumstances as well as their
relation to each other and to the whole, and the probability of the
situation.
Same; Same; Same; Same; There are exceptions to the rule that
only questions of law should be the subject of a petition for review
under Rule 45.·Petitioner admits that the Petition raises
substantially factual issues that are beyond the scope of the Rule he
seeks redress from. However, there are exceptions to the rule that
only questions of law should be the subject of a petition for review
under Rule 45: (1) when the findings are grounded entirely on
speculation, surmises or conjectures, (2) when the inference made is
manifestly mistaken, absurd or impossible, (3) when there is grave
abuse of discretion, (4) when the judgment is based on
misapprehension of facts, (5) when the findings of fact are
conflicting, (6) when in making its findings, the CA went beyond the
issues of the case, or its findings are contrary to the admissions of
both the appellant and the appellee, (7) when the CAÊs findings are
contrary to those by the trial court, (8) when the findings are
conclusions without citation of specific evidence on which they are
based, (9) when the acts set forth in the petition as well as in the
petitionerÊs main and reply briefs are not disputed by the
respondent, (10) when the findings of fact are premised on the
supposed absence of evidence and contradicted by the evidence on
record, or (11) when the CA manifestly overlooked certain relevant
facts not disputed by the parties, which, if properly considered,
would justify a different conclusion.
Same; Same; Same; Same; The issue of tenancy, in that whether
a person is an agricultural tenant or not, is generally a question of
fact.·The issue of tenancy, in that whether a person is an
agricultural tenant or not, is generally a question of fact. To be
precise, however, the existence of a tenancy relationship is a legal
conclusion

3
 VOL. 767, AUGUST 17, 2015 3
Ligtas vs. People

based on facts presented corresponding to the statutory

elements of tenancy.
Administrative Proceedings; Generally, decisions in
administrative cases are not binding on criminal proceedings; Thus,
an absolution from a criminal charge is not a bar to an
administrative prosecution, or vice versa.·We hold that a DARAB
decision on the existence of a tenancy relationship is conclusive and
binding on courts if supported by substantial evidence. Generally,
decisions in administrative cases are not binding on criminal
proceedings. This court has ruled in a number of cases that: It is
indeed a fundamental principle of administrative law that
administrative cases are independent from criminal actions for the
same act or omission. Thus, an absolution from a criminal charge is
not a bar to an administrative prosecution, or vice versa. One thing
is administrative liability; quite another thing is the criminal
liability for the same act. . . . Thus, considering the difference in the
quantum of evidence, as well as the procedure followed and the
sanctions imposed in criminal and administrative proceedings, the
findings and conclusions in one should not necessarily be binding on
the other. Notably, the evidence presented in the administrative
case may not necessarily be the same evidence to be presented in
the criminal cases.
Tenancy Relationship; Department of Agrarian Reform
Adjudication Board; Jurisdiction; The Department of Agrarian
Reform Adjudication Board (DARAB) is the quasi-judicial tribunal
that has the primary jurisdiction to determine whether there is a
tenancy relationship between adverse parties.·The DARAB is the
quasi-judicial tribunal that has the primary jurisdiction to
determine whether there is a tenancy relationship between adverse
parties. This court has held that „judicial determinations [of the
DARAB] have the same binding effect as judgments and orders of a
regular judicial body.‰ Disputes under the jurisdiction of the
DARAB include controversies relating to: tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands
devoted to agriculture, including disputes concerning farmworkers
associations or representation of persons in negotiating, fixing,
maintaining, changing or seeking to arrange terms or conditions of
such tenurial arrangements.
 4

4 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

Remedial Law; Evidence; Judicial Notice; It is true that trial

courts are not mandated to take judicial notice of decisions of other
courts or even records of other cases that have been tried or are
pending in the same court or before the same judge.·It is true that
trial courts are not mandated to take judicial notice of decisions of
other courts or even records of other cases that have been tried or
are pending in the same court or before the same judge. In
declaring that the DARABÊs findings on the tenancy relationship
between petitioner and private complainant are immaterial to the
criminal case for theft, the Court of Appeals relied on Cornes, et al.
v. Leal Realty Centrum Co., Inc., 560 SCRA 545 (2008).
Criminal Law; Theft; Elements of.·The essential elements of
theft are: (1) taking of personal property; (2) the property taken
belongs to another; (3) the taking was done without the ownerÊs
consent; (4) there was intent to gain; and (5) the taking was done
without violence against or intimidation of the person or force upon
things.
Agrarian Reform; „Tenants,‰ Defined; Words and Phrases.·
Tenants have been defined as: persons who · in themselves and
with the aid available from within their immediate farm households
· cultivate the land belonging to or possessed by another, with the
latterÊs consent, for purposes of production, sharing the produce
with the landholder under the share tenancy system, or paying to
the landholder a price certain or ascertainable in produce or money
or both under the leasehold tenancy system. (Citation omitted)
Under this definition, a tenant is entitled to the products of the land
he or she cultivates. The landownerÊs share in the produce depends
on the agreement between the parties. Hence, the harvesting done
by the tenant is with the landownerÊs consent.
Constitutional Law; Right to be Presumed Innocent; No less
than the Constitution provides that the accused shall be presumed
innocent of the crime until proven guilty.·In this case, petitioner
harvested the abaca, believing that he was entitled to the produce
as a legitimate tenant cultivating the land owned by private
complainant. Personal property may have been taken, but it is with
the consent of the owner. No less than the Constitution provides
that the accused shall be presumed innocent of the crime until
proven guilty. „[I]t is better to acquit ten guilty individuals than to
convict one in-

VOL. 767, AUGUST 17, 2015 5

Ligtas vs. People

nocent person.‰ Thus, courts must consider „[e]very circumstance

against guilt and in favor of innocence[.]‰ Equally settled is that
„[w]here the evidence admits of two interpretations, one of which is
consistent with guilt, and the other with innocence, the accused
must be given the benefit of doubt and should be acquitted.‰

PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
Office of the Solicitor General for respondent.

LEONEN, J.:

„Bakit niya babawiin ang aking saka?‰ tanong ni Tata Selo.

„Dinaya ko na ba siya sa partihan? Tinuso ko na ba siya? Siya ang
may-ari ng lupa at kasama lang niya ako. Hindi baÊt kaya
maraming nagagalit sa akin ay dahil sa ayaw kong magpamigay ng
kahit isang pinangko kung anihan?‰
Hindi pa rin umaalis sa harap ng istaked si Tata Selo.
Nakahawak pa rin siya sa rehas. Nakatingin siya sa labas ngunit
wala siyang sino mang tinitingnan.
....
„Binabawi po niya ang aking saka,‰ sumbong ni Tata Selo.
„Saan pa po ako pupunta kung wala na akong saka?‰
....
Habang nakakapit sa rehas at nakatingin sa labas, sinasabi
niyang lahat ay kinuha na sa kanila, lahat, ay! ang lahat ay kinuha
na sa kanila.
– „Tata Selo‰ (1963) by Rogelio R. Sikat

The uncontested declaration of the Department of

Agrarian Reform Adjudication Board that Monico Ligtas
was a tenant negates a finding of theft beyond reasonable
doubt. Tenants having rights to the harvest cannot be
deemed to have taken their own produce.
 6

6 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

This is a Petition for Review on Certiorari1 under Rule

45 of the Rules of Court, assailing the Court of AppealsÊ
Decision2 dated March 16, 2010 and the Resolution3 dated
February 2, 2012.4 The Court of Appeals affirmed the
Decision5 of the Regional Trial Court finding Monico Ligtas
(Ligtas) guilty beyond reasonable doubt of theft.6
Ligtas was charged with the crime of theft under Article
308 of the Revised Penal Code.7 The Information provides:

_______________

1 Rollo, pp. 8-23.

2 Id., at pp. 92-110. The case was docketed as C.A.-G.R. CEB CR No.
00482. The Decision was penned by Associate Justice Edwin D. Sorongon
and concurred in by Associate Justices Edgardo L. Delos Santos (Chair)
and Socorro B. Inting of the Eighteenth Division, Court of Appeals, Cebu
City.
3 Id., at pp. 118-119. The Resolution was penned by Associate Justice
Edgardo L. Delos Santos (Chair) and concurred in by Associate Justices
Ramon Paul L. Hernando and Victoria Isabel A. Paredes of the
Nineteenth Division, Court of Appeals, Cebu City.
4 Id., at p. 21.
5 Id., at pp. 35-49A. The Decision was penned by Judge Rolando L.
Gonzalez of Branch 39 of the Regional Trial Court of Sogod, Southern
Leyte.
6 Id., at p. 109.
7 Id., at p. 92. See Rev. Pen. Code, Art. 308. Who are Liable for Theft.
·Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things, shall
take personal property of another without the latterÊs consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the damage
caused by him; and
3. Any person who shall enter an enclosed estate or a field where
trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish

VOL. 767, AUGUST 17, 2015 7

Ligtas vs. People

That on or about the 29th day of June 2000 at Sitio Lamak,

Barangay San Juan, Municipality of Sogod, Province of Southern
Leyte, Philippines and within the jurisdiction of this Honorable
Court, the above named accused, with intent of gain, entered into
the abaca plantation belonging to one Anecita Pacate, and once
inside the plantation, did then and there willfully, unlawfully and
feloniously harvested 1,000 kilos of abaca fibers, valued at
Php29,000.00 at Php29.00 per kilo, without the consent of said
owner, Anecita Pacate, to her damage and prejudice in the
aforestated amount of Twenty-Nine Thousand Pesos
(Php29,000.00), Philippine currency.
CONTRARY TO LAW.8

Ligtas pleaded not guilty.9

The prosecution presented five (5) witnesses during
trial: Efren Cabero (Cabero), Modesto Cipres (Cipres),
Anecita Pacate, SPO2 Enrique Villaruel, and Ernesto
Pacate.10
According to the prosecution witnesses, Anecita Pacate
was the owner of an abaca plantation situated at Sitio
Lamak, Barangay San Juan, Sogod, Southern Leyte. On
June 29, 2000, Cabero, the plantationÊs administrator, and
several men, including Cipres, went to the plantation to
harvest abaca upon Anecita PacateÊs instructions. At about
10:00 a.m., Cabero and his men were surprised to find
Ligtas harvesting abaca at the plantation. Ligtas was
accompanied by three (3) unidentified men. Allegedly,
Ligtas threatened that there would be loss of life if they
persisted in harvesting the abaca. Cabero reported the
incident to Anecita Pacate and the police.11

_______________
upon the same or shall gather fruits, cereals, or other forest or farm
products.
8 Id., at p. 93.
9 Id.
10 Id.
11 Id., at pp. 93-98.

8 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

On July 2, 2000, Cabero and Cipres went back to the

plantation and conducted a survey on the condition of the
plantation. They found that 1,000 kilos of abaca, valued at
P28.00 per kilo, were harvested by Ligtas.12
On July 3, 2000, Ligtas and Anecita Pacate confronted
each other before the Sogod Police Station.13 Ligtas
admitted to harvesting the abaca but claimed that he was
the plantation owner.14
The defense presented three (3) witnesses during trial:
Ligtas; Pablo Palo, his neighbor; and Delia Ligtas, his
wife.15 According to Ligtas, he had been a tenant of Anecita
Pacate and her late husband, Andres Pacate since 1993.16
Andres Pacate installed him as tenant of the 1.5 to two
hectares of land involved in the criminal case.17
Ligtas allegedly „made his first harvest in 1997.‰18 He
then gave Anecita Pacate her share to the harvest.19
However, he could not remember the exact amount
anymore.20 Previously, Ligtas and Pablo Palo were workers
in another land, around 15 hectares, owned by Anecita
Pacate and Andres Pacate.21
Ligtas alleged that on June 28, 2000, Anecita Pacate
sent workers to harvest abaca from the land he cultivated.
Ligtas

_______________

12 Id., at pp. 94 and 96.

13 Id., at pp. 94 and 96-99. The confrontation was pursuant to a
summons sent to Ligtas by the Sogod police.
14 Id., at p. 94.
 15 Id., at pp. 42-47.
16 Id., at pp. 45 and 99. Records show that Anecita Pacate and
Andres Pacate, Sr. (id., at p. 17) had two sons: Ernesto Pacate and
Andres Pacate, Jr. (id., at p. 42). However, Andres Pacate, Sr. is referred
to in the records as „Andres Pacate.‰
17 Id.
18 Id., at p. 45.
19 Id.
20 Id.
21 Id., at pp. 42-47.

VOL. 767, AUGUST 17, 2015 9

Ligtas vs. People

prevented the men from harvesting the abaca since he was

the rightful tenant of the land.22
Furthermore, Ligtas denied harvesting abaca at the
plantation on June 29, 2000. He claimed that he was with
Cabero and Cipres attending a barangay fiesta at Sitio
Hubasan, San Juan, Sogod, Southern Leyte, when the
alleged harvesting happened.23
Meanwhile, Ligtas filed a Complaint before the
Department of Agrarian Reform Adjudication Board
(DARAB) of Sogod, Southern Leyte for Maintenance of
Peaceful Possession on November 21, 2000.24 On January
22, 2002, the DARAB rendered the Decision25 ruling that
Ligtas was a bona fide tenant of the land.26
While records are bereft as to when the DARAB Decision
was formally offered as evidence before the trial court,
records are clear that the DARAB Decision was considered
by both the trial court27 and Court of Appeals28 and
without any objection on the part of the People of the
Philippines.29
In the Decision dated August 16, 2006, the Regional
Trial Court held that „the prosecution was able to prove the
elements of theft[.]‰30 LigtasÊ „defense of tenancy was not
supported by concrete and substantial evidence nor was his
claim of harvest sharing between him and [Anecita Pacate]
duly corroborated by any witness.‰31 His „defense of alibi
cannot
_______________

22 Id., at pp. 46 and 99.

23 Id.
24 Id., at pp. 28 and 196.
25 Id., at pp. 28-34. The case was docketed as DARAB Case No. VIII-
319-SL-2000. The Decision was penned by Provincial Adjudicator Miguel
G. Polinar.
26 Id., at p. 33.
27 Id., at p. 49.
28 Id., at p. 104.
29 Id., at p. 178.
30 Id., at p. 48.
31 Id.

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10 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

prevail over the positive identification . . . by prosecution

witnesses.‰32
The dispositive portion of the Decision reads:

WHEREFORE, finding the accused Monico Ligtas guilty beyond

reasonable doubt of the crime of Theft, this court hereby renders
judgment, sentencing him:
1. To suffer the indeterminate penalty of four (4) years, nine (9)
months and ten (10) days as minimum to eight (8) years and eight
(8) months as maximum;
2. To indemnify the offende[d] party:
a. The amount of P29,000.00 for the value of the abaca stole[n];
b. The amount of P5,000.00 as moral damages;
c. The amount of P10,000.00 as litigation expenses/attorneyÊs
fees;
3. To pay the costs.
SO ORDERED.33

The Court of Appeals affirmed the ruling of the trial

court.34 According to it, „the burden to prove the existence
of the ten-

_______________

32 Id., at p. 100.
33 Id., at p. 49A. Per the testimonies of the witnesses before the trial
court and as adopted by the Court of Appeals, the „Kasabutan‰ or
Agreement dated February 24, 2007 was previously executed between
Ligtas and Anecita Pacate. The Agreement involved another incident of
theft committed by Ligtas against Anecita Pacate. He was also charged
with theft in 1988; however, the case was ultimately dismissed (id., at pp.
18-19, 37, 40, 41-43, 46-47, and 49).
34 Id., at p. 109.

11

VOL. 767, AUGUST 17, 2015 11

Ligtas vs. People

ancy relationship‰35 belonged to Ligtas. He was not able to

establish all the essential elements of a tenancy
agreement.36
The Court of Appeals declared that LigtasÊ reliance on
the DARAB Decision „declaring him as a bona fide tenant
of the . . . land is irrelevant in the case at bar‰:37

Jurisprudence is replete with cases declaring that „findings of or

certifications issued by the Secretary of Agrarian Reform, or his
authorized representative, in a given locality concerning the
presence or absence of a tenancy relationship between the
contending parties, are merely preliminary or provisional and are
not binding upon the courts.[‰]38

As to the ownership of the land, the Court of Appeals

held that Ligtas had taken conflicting positions. While he
claimed to be a legitimate tenant, Ligtas also assailed
Anecita PacateÊs title over the land. Under Rule 131,
Section 2 of the Rules of Court, a tenant cannot deny the
title of his or her landlord at the time of the commencement
of the tenancy relation.39
The Court of Appeals remained unconvinced as to
LigtasÊ allegations on ownership. „He claims that the parcel
of land owned by [Anecita Pacate] is different from the
subject abaca land. However, such assertion was based
merely on the testimony of the municipal assessor, not an
expert competent to identify parcels of land.‰40
More importantly, the Court of Appeals ruled that Ligtas
committed theft by harvesting abaca from Anecita PacateÊs

_______________

35 Id., at p. 101.
36 Id., at pp. 101-103.
37 Id., at p. 104.
38 Id., citing Cornes v. Leal Realty Centrum Co., Inc., 582 Phil. 528,
552; 560 SCRA 545, 571 (2008) [Per J. Chico-Nazario, Third Division].
39 Id., at p. 108.
40 Id.

12

12 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

plantation.41 Ligtas had constructive possession of the

subject of the theft without the ownerÊs consent.42 „The
subject of the crime need not be carried away or actually
taken out from the land in order to consummate the crime
of theft.‰43
Furthermore, LigtasÊ argument that the abaca did not
constitute as personal property under the meaning of
Article 308 of the Revised Penal Code was erroneous.44
Following the definition of personal property, the abaca
hemp was „capable of appropriation [and] [could] be sold
and carried away from one place to another.‰45 The Court of
Appeals affirmed the trial courtÊs finding that about 1,000
kilos of abaca were already harvested.46 Hence, all the
elements of theft under Article 308 of the Revised Penal
Code were sufficiently established by the prosecution.
The Court of Appeals ruled that LigtasÊ defense of alibi
could not excuse him from criminal liability.47 His alibi was
doubtfully established. „[W]here an accusedÊs alibi is
established only by himself, his relatives and friends, his
denial of culpability should be accorded the strictest
scrutiny.‰48
LigtasÊ attack on the credibility of the witnesses did not
prosper.49 He failed to show that the case was initiated only
through Anecita PacateÊs quest for revenge or to ensure
that Ligtas would be evicted from the land.50
The Court of Appeals dismissed LigtasÊ appeal and
affirmed the trial courtÊs Decision finding Ligtas guilty
beyond reason-

_______________

41 Id., at p. 105.
42 Id.
43 Id.
44 Id., at pp. 105-106.
45 Id., at p. 106.
46 Id.
47 Id.
48 Id., at pp. 107-108.
49 Id., at p. 107.
50 Id., at p. 108.

13

VOL. 767, AUGUST 17, 2015 13

Ligtas vs. People

able doubt of theft under Article 308 of the Revised Penal

Code.51 The dispositive portion of the Decision reads:

WHEREFORE, the instant Appeal is DISMISSED.

Accordingly, the assailed Decision dated . . . August 16, 2006 of the
Regional Trial Court of Sogod, Southern Leyte, Branch 39, in
Criminal Case No. R-225, finding accused-appellant Monico Ligtas
guilty beyond reasonable doubt of Theft under Article 308 of the
Revised Penal Code, is hereby AFFIRMED in all respects.
SO ORDERED.52

Ligtas filed a Motion for Reconsideration,53 which the

Court of Appeals denied on February 2, 2012.54

II
 On April 4, 2012, Ligtas filed this Petition assailing the
Court of AppealsÊ Decision and Resolution.55 This court
required People of the Philippines to file its Comment on
the Petition within 10 days from notice.56

_______________

51 Id., at p. 109.
52 Id.
53 Id., at pp. 112-115.
54 Id., at pp. 118-119.
55 Id., at p. 21. Petitioner filed a Motion for Extension of Time to File
Petition for Review for 30 days dated March 2, 2012 (id., at pp. 2-4),
which the court granted (id., at p. 122).
56 Id., at p. 122. The Resolution was dated March 4, 2013.
Respondent, through the Office of the Solicitor General, filed its
Comment on June 27, 2013 (id., at pp. 128-143). In the Resolution (id., at
p. 145) dated August 14, 2013, this court noted the Comment and
required petitioner to file a Reply to the Comment. Petitioner filed his
Reply (id., at pp. 147-149) dated October 14, 2013, which we noted on
January 15, 2014 (id., at p. 152). In the Resolution (id., at pp. 165-167)
dated July 14, 2014, this court gave due course to the petition and
required the parties to submit their respective Memoranda within 30
days from notice. PetitionerÊs Memorandum (id., at pp. 184-201) dated
October 8, 2014 was posted on October 10, 2014 (id., at p. 184). Re-

14

14 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

The issues for consideration of this court are:

First, whether questions of fact may be raised in a
petition for review on certiorari under Rule 45 of the Rules
of Court;
Second, whether the DARAB Decision, finding petitioner
Monico Ligtas as tenant of the land owned by private
complainant Anecita Pacate and located at Sitio Lamak,
Barangay San Juan, Sogod, Southern Leyte is conclusive or
can be taken judicial notice of in a criminal case for theft;
and
 Third, whether the Court of Appeals committed
reversible error when it upheld the conviction of petitioner
Monico Ligtas for theft under Article 308 of the Revised
Penal Code.
The Petition is meritorious.

III

Petitioner argues that the findings of fact of both the

trial court and Court of Appeals must be revisited for being
„conclusions without citation of specific evidence on record
and premised on the supposed absence of evidence on the
claim of petitioner [as] tenant.‰57
Only questions of law are allowed in a petition for
review under Rule 4558 of the Rules of Court.59 Factual
findings of the Regional Trial Court are conclusive and
binding on this court

_______________

spondent filed its Memorandum (id., at pp. 174-182) dated October 2,

2014 before this court on October 3, 2014 (id., at p. 174).
57 Id., at p. 190.
58 Rules of Court, Rule 45, Sec. 1 provides:
SECTION 1. Filing of petition with Supreme Court.·A party desiring
to appeal by certiorari from a judgment or final order or resolution of the
Court of Appeals, the Sandiganbayan, the Regional Trial Court or other
courts whenever authorized by law, may file with the Supreme Court a
verified petition for review on certiorari. The petition shall raise only
questions of law which must be distinctly set forth.
59 See Delos Reyes Vda. Del Prado v. People, G.R. No. 186030, March
21, 2012, 668 SCRA 768, 778 [Per J. Reyes, Second Division].

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Ligtas vs. People

when affirmed by the Court of Appeals.60 This court has

differentiated between a question of law and question of
fact:
 A question of law exists when the doubt or controversy concerns
the correct application of law or jurisprudence to a certain set of
facts; or when the issue does not call for an examination of the
probative value of the evidence presented, the truth or falsehood of
facts being admitted. A question of fact exists when the doubt or
difference arises as to the truth or falsehood of facts or when the
query invites calibration of the whole evidence considering mainly
the credibility of the witnesses, the existence and relevancy of
specific surrounding circumstances as well as their relation to each
other and to the whole, and the probability of the situation.61
(Emphasis supplied)

Petitioner admits that the Petition raises substantially

factual issues that are beyond the scope of the Rule he
seeks redress from.62 However, there are exceptions to the
rule that only questions of law should be the subject of a
petition for review under Rule 45:

(1) when the findings are grounded entirely on speculation,

surmises or conjectures, (2) when the inference made is manifestly
mistaken, absurd or impossible, (3) when there is grave abuse of
discretion, (4) when the judgment is based on misapprehension of
facts, (5) when the findings of fact are conflicting, (6) when in
making its findings, the CA went beyond the issues of the case, or
its findings are contrary to the admissions of both the appellant and
the appellee, (7) when the CAÊs findings are contrary to those by the
trial court, (8) when the findings are

_______________

60 See People v. Cardenas, G.R. No. 190342, March 21, 2012, 668
SCRA 827, 844-845 [Per J. Sereno (now CJ.), Second Division].
61 Ruiz v. People, 512 Phil. 127, 135; 475 SCRA 476, 484-485 (2005)
[Per J. Callejo, Sr., Second Division], quoting Republic v.
Sandiganbayan, 425 Phil. 752, 765-766; 375 SCRA 145, 154 (2002) [Per
CJ. Davide, Jr., En Banc].
62 Rollo, p. 190.

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16 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People
conclusions without citation of specific evidence on which they are
based, (9) when the acts set forth in the petition as well as in the
petitionerÊs main and reply briefs are not disputed by the
respondent, (10) when the findings of fact are premised on the
supposed absence of evidence and contradicted by the evidence on
record, or (11) when the CA manifestly overlooked certain relevant
facts not disputed by the parties, which, if properly considered,
would justify a different conclusion.63 (Emphasis supplied, citation
omitted)

This court has held before that a reexamination of the

facts of the case is justified „when certain material facts
and circumstances had been overlooked by the trial court
which, if taken into account, would alter the result of the
case in that they would introduce an element of reasonable
doubt which would entitle the accused to acquittal.‰64
The issue of tenancy, in that whether a person is an
agricultural tenant or not, is generally a question of fact.65
To be precise, however, the existence of a tenancy
relationship is a legal conclusion based on facts presented
corresponding to the statutory elements of tenancy.66
The Court of Appeals committed reversible error in its
assailed Decision when it held that all the essential
elements of the crime of theft were duly proven by the
prosecution despite petitioner having been pronounced a
bona fide tenant of the

_______________

63 Supra note 59 at pp. 779-780.

64 Pit-og v. People, 268 Phil. 413, 420; 190 SCRA 386, 393 (1990) [Per
CJ. Fernan, Third Division].
65 Cornes v. Leal Realty Centrum Co., Inc., supra note 38 at
p. 548; p. 567, citing Mon v. Court of Appeals, 471 Phil. 65, 78; 427 SCRA
165, 173 (2004) [Per J. Carpio, First Division].
66 See Heirs of Nicolas Jugalbot v. Court of Appeals, 547 Phil. 113,
120; 518 SCRA 202, 210 (2007) [Per J. Ynares-Santiago, Third Division]:
„Tenancy is not a purely factual relationship dependent on what the
alleged tenant does upon the land. It is also a legal relationship[.]‰

17
 VOL. 767, AUGUST 17, 2015 17
Ligtas vs. People

land from which he allegedly stole.67 A review of the

records of the case is, thus, proper to arrive at a just and
equitable resolution.

IV

Petitioner claims that private complainantÊs filing of

criminal charges was motivated by ill will and revenge.68
The charges were designed to remove petitioner from the
land he has legitimately occupied as tenant.69 Telling is the
fact that petitioner filed his Complaint before the DARAB
on November 21, 2000, while the Information for Theft was
filed on December 8, 2000.70
Petitioner argues that he has sufficiently established his
status as private complainantÊs tenant.71 The DARAB
Decision is entitled to respect, even finality, as the
Department of Agrarian Reform is the administrative
agency vested with primary jurisdiction and has acquired
expertise on matters relating to tenancy relationship.72
The findings of the DARAB were also supported by
substantial evidence.73 To require petitioner to prove
tenancy relationship through evidence other than the
DARAB Decision and the testimonies of the witnesses is
absurd and goes beyond the required quantum of evidence,
which is substantial evidence.74
Also, according to petitioner, the DARAB Decision has
attained finality since private complainant did not file an
ap-

_______________

67 Rollo, p. 33.
68 Id., at pp. 194-195.
69 Id., at p. 195.
70 Id., at p. 196.
71 Id., at p. 191.
72 Id.
73 Id., at pp. 193-194.
74 Id., at p. 194.
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18 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

peal. The DARABÊs finding as to the partiesÊ tenancy

relationship constitutes as res judicata.75
On the other hand, respondent argues that the Court of
Appeals correctly disregarded the DARAB Decision.76 The
trial court could not have taken judicial notice of the
DARAB Decision:

While the DARAB . . . ruled that petitioner is a bona fide tenant

of Pacate, courts are not authorized to take judicial notice of the
contents of the records of other cases even when such cases have
been tried or are pending in the same court, and notwithstanding
the fact that both cases may have been heard or are actually
pending before the same judge.77 (Citation omitted)

Moreover, according to respondent, petitioner invokes

conflicting defenses: that there is a legitimate tenancy
relationship between him and private complainant and
that he did not take the abaca hemp.78 Nevertheless,
respondent maintains that petitioner failed to prove all the
essential elements of a tenancy relationship between him
and private complainant.79 Private complainant did not
consent to the alleged tenancy relationship.80 Petitioner
also failed to provide evidence as to any sharing of harvest
between the parties.81
We hold that a DARAB decision on the existence of a
tenancy relationship is conclusive and binding on courts if
supported by substantial evidence.
Generally, decisions in administrative cases are not
binding on criminal proceedings. This court has ruled in a
number of cases that:

_______________

75 Id., at p. 192.
76 Id., at p. 177.
77 Id., at p. 178.
78 Id., at p. 179.
79 Id., at pp. 179-180.
80 Id., at p. 180.
 81 Id., at p. 178.

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Ligtas vs. People

It is indeed a fundamental principle of administrative law that

administrative cases are independent from criminal actions for the
same act or omission. Thus, an absolution from a criminal charge is
not a bar to an administrative prosecution, or vice versa. One thing
is administrative liability; quite another thing is the criminal
liability for the same act.
....
Thus, considering the difference in the quantum of evidence, as
well as the procedure followed and the sanctions imposed in
criminal and administrative proceedings, the findings and
conclusions in one should not necessarily be binding on the other.
Notably, the evidence presented in the administrative case may not
necessarily be the same evidence to be presented in the criminal
cases.82 (Emphasis supplied, citations omitted)

However, this case does not involve an administrative

charge stemming from the same set of facts involved in a
criminal proceeding. This is not a case where one act
results in both criminal and administrative liability.
DARAB Case No. VIII-319-SL-2000 involves a
determination of whether there exists a tenancy
relationship between petitioner and private complainant,
while Criminal Case No. R-225 involves determination of
whether petitioner committed theft. However, the tenancy
relationship is a factor in determining whether all the
elements of theft were proven by the prosecution.
In its Decision dated January 22, 2002, the DARAB
found:

All the necessary requisites in order to establish tenancy

relationship as required in the above quoted Supreme Court ruling,
has been established by the evidence submitted by plaintiff; And
these evidences were not controverted by any evidence submitted by
the respondent.
_______________

82 Paredes v. Court of Appeals, 555 Phil. 538, 549-550; 528 SCRA 577,
587-589 (2007) [Per J. Chico-Nazario, Third Division].

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20 SUPREME COURT REPORTS ANNOTATED

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In fine, this board found plaintiff a bona fide tenant of the land
in question and as such is entitled to a security of tenure, in which
case he shall not be dispossessed of his holdings by the landowner
except for any of the causes provided by law and only after the same
has been proved before, and the dispossession is authorized by the
Court and in the judgment that is final and executory[.]83 (Citations
omitted)

The dispositive portion of the DARAB Decision provides:

WHEREFORE, premises being considered, judgment is hereby

rendered, finding Monico Ligtas a bona fide tenant of the land
subject in this case and well described in paragraph three (3) in the
complaint, and ordering as follows, to wit:
1. The respondent and all other persons acting for and in her
behalf to maintain plaintiff in the peaceful possession of the land in
dispute.
2. The MARO of Sogod, Southern Leyte, and concurrently the
cluster Manager of Sogod Bay DAR Cluster to call the parties and
assist them in the execution of a leasehold contract covering the
land in dispute, and for the parties to respect and obey such call of
the said MARO in compliance with the legal mandate.
3. Ordering the respondent to pay plaintiff the amount of Five
Thousand (P5,000.00) Pesos representing the expenses incurred by
plaintiff in vindicating his right and other actual expenses incurred
in this litigation.
Other relief sought are hereby ordered dismissed for lack of
evidence.
No cost.
SO DECIDED.84

_______________
 83 Rollo, p. 33.
84 Id., at pp. 33-34.

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Ligtas vs. People

Private complainant did not appeal the DARABÊs

findings.
Findings of fact of administrative agencies in the
exercise of their quasi-judicial powers are entitled to
respect if supported by substantial evidence.85 This court is
not tasked to weigh again „the evidence submitted before
the administrative body and to substitute its own judgment
[as to] the sufficiency of evidence.‰86

The DARAB is the quasi-judicial tribunal that has the

primary jurisdiction to determine whether there is a
tenancy relationship between adverse parties.87 This court
has held that

_______________

85 See Miro v. Mendoza Vda. de Erederos, G.R. Nos. 172532 &

172544-45, November 20, 2013, 710 SCRA 371, 383 [Per J. Brion, Second
Division].
86 See Autencio v. Mañara, 489 Phil. 752, 761; 449 SCRA 46, 56
(2005) [Per J. Panganiban, Third Division].
87 Rep. Act No. 6657 (1988), Sec. 50 provides:
SEC. 50. Quasi-Judicial Powers of the DAR.·The DAR is hereby
vested with primary jurisdiction to determine and adjudicate agrarian
reform matters and shall have exclusive original jurisdiction over all
matters involving the implementation of agrarian reform, except those
falling under the exclusive jurisdiction of the Department of Agriculture
(DA) and the Department of Environment and Natural Resources
(DENR).
It shall not be bound by technical rules of procedure and evidence but
shall proceed to hear and decide all cases, disputes or controversies in a
most expeditious manner, employing all reasonable means to ascertain
the facts of every case in accordance with justice and equity and the
merits of the case. Toward this end, it shall adopt a uniform rule of
procedure to achieve a just, expeditious and inexpensive determination of
every action or proceeding before it.
It shall have the power to summon witnesses, administer oaths, take
testimony, require submission of reports, compel the production of books
and documents and answers to interrogatories and issue subpoena, and
subpoena duces tecum and

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22 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

„judicial determinations [of the DARAB] have the same

binding effect as judgments and orders of a regular judicial
body.‰88 Disputes under the jurisdiction of the DARAB
include controversies relating to:

tenurial arrangements, whether leasehold, tenancy, stewardship or

otherwise, over lands devoted to agriculture, including disputes
concerning farmworkers associations or representation of persons in
negotiating, fixing, maintaining, changing or seeking to arrange
terms or conditions of such tenurial arrangements.89

In Salazar v. De Leon,90 this court upheld the

Department of Agrarian ReformÊs primary jurisdiction over
agrarian disputes, which includes the relationship between
landowners

_______________

to enforce its writs through sheriffs or other duly deputized officers. It

shall likewise have the power to punish direct and indirect contempts in
the same manner and subject to the same penalties as provided in the
Rules of Court.
Responsible farmer leaders shall be allowed to represent themselves,
their fellow farmers, or their organizations in any proceedings before the
DAR: Provided, however, That when there are two or more
representatives for any individual or group, the representatives should
choose only one among themselves to represent such party or group
before any DAR proceedings.
Notwithstanding an appeal to the Court of Appeals, the decision of the
DAR shall be immediately executory. (Emphasis supplied)
88 Martillano v. Court of Appeals, 447 Phil. 226, 236-237; 433 SCRA
195, 202 (2004) [Per J. Ynares-Santiago, First Division], citing Rep. Act
No. 6657 (1988), Secs. 50 and 51.
89 Suarez v. Saul, 510 Phil. 400, 409; 473 SCRA 628, 637 (2005) [Per
J. Ynares-Santiago, First Division], citing Rep. Act No. 6657 (1988), Sec.
3(d) in relation to Sec. 50 and DARAB Rules of Procedure, Rule II, Sec. 1.
90 596 Phil. 472; 576 SCRA 447 (2009) [Per J. Chico-Nazario, Third
Division].

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Ligtas vs. People

and tenants.91 The DARAB Decision is conclusive and

binding on courts when supported by substantial
evidence.92 This court ruled that administrative res
judicata exists in that case:

Significantly, respondent did not appeal the Decision dated 17

November 1995 of the DARAB in DARAB Case # II-380-ISAÊ94;
consequently, the same has attained finality and constitutes res
judicata on the issue of petitionerÊs status as a tenant of
respondent.
Res judicata is a concept applied in the review of lower court
decisions in accordance with the hierarchy of courts. But
jurisprudence has also recognized the rule of administrative res
judicata: „The rule which forbids the reopening of a matter once
judicially determined by competent authority applies as well to the
judicial and quasi-judicial facts of public, executive or
administrative officers and boards acting within their jurisdiction
as to the judgments of courts having general judicial powers. It has
been declared that whenever final adjudication of persons invested
with power to decide on the property and rights of the citizen is
examinable by the Supreme Court, upon a writ of error or a
certiorari, such final adjudication may be pleaded as res judicata.‰
To be sure, early jurisprudence was already mindful that the
doctrine of res judicata cannot be said to apply exclusively to
decisions rendered by what are usually understood as courts without
unreasonably circumscribing the scope thereof; and that the more
equitable attitude is to allow extension of the defense to decisions of
bodies upon whom judicial powers have been conferred.93 (Emphasis
supplied, citations omitted)

In Encinas v. Agustin, Jr.,94 this court clarified that res

judicata applies only to decisions rendered by agencies in
judi-

_______________

91 Id., at pp. 484-486; p. 457.

92 Id., at p. 489; p. 462.
93 Id., at pp. 488-489; p. 461.
94 G.R. No. 187317, April 11, 2013, 696 SCRA 240 [Per CJ. Sereno,
En Banc].

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24 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

cial or quasi-judicial proceedings and not to purely

administrative proceedings:

The CA was correct in ruling that the doctrine of res judicata

applies only to judicial or quasi-judicial proceedings, and not to the
exercise of administrative powers. Administrative powers here refer
to those purely administrative in nature, as opposed to
administrative proceedings that take on a quasi-judicial character.
In administrative law, a quasi-judicial proceeding involves (a)
taking and evaluating evidence; (b) determining facts based upon
the evidence presented; and (c) rendering an order or decision
supported by the facts proved. The exercise of quasi-judicial
functions involves a determination, with respect to the matter in
controversy, of what the law is; what the legal rights and
obligations of the contending parties are; and based thereon and the
facts obtaining, the adjudication of the respective rights and
obligations of the parties.95 (Citations omitted)

We find it necessary to clarify the two concepts of res

judicata: bar by prior judgment and conclusiveness of
judgment. In Social Security Commission v. Rizal Poultry
and Livestock Association, Inc., et al.,96 this court discussed
and differentiated the two concepts of res judicata:

Res judicata embraces two concepts: (1) bar by prior judgment as

enunciated in Rule 39, Section 47(b) of the Rules of Civil Procedure;
and (2) conclusiveness of judgment in Rule 39, Section 47(c).
There is „bar by prior judgment‰ when, as between the first case
where the judgment was rendered and the second case that is
sought to be barred, there is identity of parties, subject matter, and
causes of action. In this instance, the judgment in the first case
constitutes an absolute bar to the second action.

_______________

95 Id., at pp. 260-261.

96 665 Phil. 198; 650 SCRA 50 (2011) [Per J. Perez, First Division].

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Ligtas vs. People

But where there is identity of parties in the first and second

cases, but no identity of causes of action, the first judgment is
conclusive only as to those matters actually and directly
controverted and determined and not as to matters merely involved
therein. This is the concept of res judicata known as „conclusiveness
of judgment.‰ Stated differently, any right, fact or matter in issue
directly adjudicated or necessarily involved in the determination of
an action before a competent court in which judgment is rendered
on the merits is conclusively settled by the judgment therein and
cannot again be litigated between the parties and their privies,
whether or not the claim, demand, purpose, or subject matter of the
two actions is the same.
Thus, if a particular point or question is in issue in the second
action, and the judgment will depend on the determination of that
particular point or question, a former judgment between the same
parties or their privies will be final and conclusive in the second if
that same point or question was in issue and adjudicated in the first
suit. Identity of cause of action is not required but merely identity of
issue.
 The elements of res judicata are: (1) the judgment sought to bar
the new action must be final; (2) the decision must have been
rendered by a court having jurisdiction over the subject matter and
the parties; (3) the disposition of the case must be a judgment on
the merits; and (4) there must be as between the first and second
action, identity of parties, subject matter, and causes of action.
Should identity of parties, subject matter, and causes of action be
shown in the two cases, then res judicata in its aspect as a „bar by
prior judgment‰ would apply. If as between the two cases, only
identity of parties can be shown, but not identical causes of action,
then res judicata as „conclusiveness of judgment‰ applies.97
(Emphasis supplied, citations omitted)

_______________

97 Id., at pp. 205-206; pp. 56-58.

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In Martillano v. Court of Appeals,98 the DARAB Decision

finding for the existence of a tenancy relationship between
the parties was declared by this court as conclusive on the
parties.99 As in this case, the DARAB Decision100 in
Martillano attained finality when the landowner did not
appeal the Decision.101 This court ruled that the doctrine of
res judicata applies:

Under the aforecited sections of RA 6657, the Department of

Agrarian Reform is empowered, through its adjudicating arm the
regional and provincial adjudication boards, to resolve agrarian
disputes and controversies on all matters pertaining to the
implementation of the agrarian law. Section 51 thereof provides
that the decision of the DARAB attains finality after the lapse of
fifteen (15) days and no appeal was interposed therefrom by any of
the parties.
In the instant case, the determination of the DARAB in DARAB
Case No. 062-Bul Â89, there being no appeal interposed therefrom,
attained finality. Accordingly, the matter regarding the status of
Martillano as a tenant farmer and the validity of the CLT and
Emancipation Patents issued in his favor are settled and no longer
open to doubt and controversy.
....
We recall that DARAB Case 062-Bul Â89 was for the cancellation
of petitionerÊs CLT and Emancipation pat-

_______________

98 Supra note 88.

99 Id., at pp. 236-237; p. 205.
100 Id., at pp. 229-230; p. 197. The DARAB Decision pertains to
DARAB Case No. 062-Bul Â89, which resolved Abelardo Valenzuela, Jr.Ês
Complaint for „the cancellation of the Certificate of Land Transfer (CLT)
No. 0-042751 and/or Emancipation Patent Nos. A-308399 issued in favor
of [petitioner] Nicanor Martillano. On April 4, 1990, Valenzuela sold 19
parcels of land[,] . . . more or less 1.3785 hectares[,] to private respondent
[William] Po Cham.‰
101 Id., at pp. 236-237; p. 202.

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Ligtas vs. People

ents. The same effect is sought with the institution of DARAB Case
No. 512-Bul Â94, which is an action to withdraw and/or cancel
administratively the CLT and Emancipation Patents issued to
petitioner. Considering that DARAB Case 062-Bul Â89 has attained
finality prior to the filing of DARAB Case No. 512-Bul Â94, no
strenuous legal interpretation is necessary to understand that the
issues raised in the prior case, i.e., DARAB Case No. 062-Bul Â89,
which have been resolved with finality, may not be litigated anew.
The instant case is complicated by the failure of the complainant
to include Martillano as party-defendant in the case before the
adjudication board and the DARAB, although he was finally
impleaded on appeal before the Court of Appeals.
The belated inclusion of Martillano as respondent in the petition
will not affect the applicability of the doctrine of bar by prior
judgment. What is decisive is that the issues which have already
been litigated in a final and executory judgment precludes, by the
principle of bar by prior judgment, an aspect of the doctrine of res
judicata, and even under the doctrine of „law of the case,‰ the re-
litigation of the same issue in another action. It is well established
that when a right or fact has been judicially tried and determined by
a court of competent jurisdiction, so long as it remains unreversed, it
should be conclusive upon the parties and those in privity with them.
The dictum therein laid down became the law of the case and what
was once irrevocably established as the controlling legal rule or
decision, continues to be binding between the same parties as long as
the facts on which the decision was predicated, continue to be the
facts of the case before the court. Hence, the binding effect and
enforceability of that dictum can no longer be resurrected anew
since said issue had already been resolved and finally laid to rest, if
not by the principle of res judicata, at least by conclusiveness of
judgment.102 (Emphasis supplied, citations omitted)

_______________

102 Id., at pp. 237-239; pp. 203-205.

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In Co v. People, et al.,103 this court held that „the

doctrine of conclusiveness of judgment also applies in
criminal cases.‰104 Petitioner in that case was charged with
the violation of Republic Act No. 1161, as amended, for the
alleged non-remittance of Social Security System
contributions.105 This court upheld the findings of the
National Labor Relations Commission in a separate case,
which declared the absence of an employer-employee
relationship and had attained finality.106 This court held
that:
The reasons for establishing the principle of
„conclusiveness of judgment‰ are founded on sound public
policy. ... It is allowable to reason back from a judgment to
the basis on which it stands, upon the obvious principle
that where a conclusion is indisputable, and could have
been drawn only from certain premises, the premises are
equally indisputable with the conclusion. When a fact has
been once determined in the course of a judicial proceeding,
and a final judgment has been rendered in accordance
therewith, it cannot be again litigated between the same
parties without virtually impeaching the correctness of the
former decision, which, from motives of public policy, the
law does not permit to be done.
Res judicata has two concepts. The first is bar by prior
judgment under Rule 39, Section 47(b), and the second is
conclusiveness of judgment under Rule 39, Section 47(c).
Both concepts are founded on the principle of estoppel, and
are based on the salutary public policy against unnecessary
multiplicity of suits. Like the splitting of causes of action,
res judicata is in pursuance of such policy. Matters settled
by a CourtÊs final judgment should not be litigated upon or
invoked again. Re-litigation of issues already settled
merely burdens the

_______________

103 610 Phil. 60; 592 SCRA 381 (2009) [Per J. Corona, First Division].
104 Id., at p. 69; p. 390.
105 Id., at pp. 63-64; p. 384.
106 Id., at p. 67; p. 387.

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Ligtas vs. People

Courts and the taxpayers, creates uneasiness and confusion, and

wastes valuable time and energy that could be devoted to worthier
cases.107 (Citations omitted)

In VHJ Construction and Development Corporation v.

Court of Appeals,108 this court ruled that tenancy
relationship must be duly proven:

[A] tenancy relationship cannot be presumed. There must be

evidence to prove this allegation. The principal factor in
determining whether a tenancy relationship exists is intent.
Tenancy is not a purely factual relationship dependent on what the
alleged tenant does upon the land. It is also a legal relationship.109
(Citation omitted)
 The DARAB, in DARAB Case No. VIII-319-SL-2000,
held that all the essential elements of a tenancy
relationship were proven by petitioner.110 It found that
there was substantial evidence to support petitionerÊs claim
as tenant of the land.111 In rendering the Decision, the
DARAB examined pleadings

_______________

107 Id., at pp. 70-71; pp. 392-393.

108 480 Phil. 28; 436 SCRA 392 (2004) [Per J. Callejo, Sr., Second
Division].
109 Id., at p. 35; p. 398.
110 Rollo, p. 33. See VHJ Construction and Development Corporation
v. Court of Appeals, id., at p. 35; pp. 398-399: „The requisites of a tenancy
relationship are as follows: (1) the parties are the landowner and the
tenant; (2) the subject is agricultural land; (3) there is consent by the
landowner; (4) the purpose is agricultural production; (5) there is
personal cultivation; and (6) there is sharing of the harvests.‰
111 Rollo, p. 33. See Rules of Court, Rule 133, Sec. 5 provides:
SECTION 5. Substantial evidence.·In cases filed before administrative
or quasi-judicial bodies, a fact may be deemed established if it is
supported by substantial evidence, or that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a
conclusion.

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30 SUPREME COURT REPORTS ANNOTATED

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and affidavits of both petitioner and private

112
complainant. It was convinced by petitionerÊs evidence,
which consisted of sworn statements of petitionerÊs
witnesses that petitioner was installed as tenant by Andres
Pacate sometime in 1993.113 Petitioner and Andres Pacate
had an agreement to share the produce after harvest.114
However, Andres Pacate had died before the first
harvest.115 Petitioner then gave the landownerÊs share to
private complainant, and had done so every harvest until
he was disturbed in his cultivation of the land on June 29,
2000.116
We emphasize that after filing her Answer before the
DARAB, private complainant failed to heed the Notices
sent to her and refused to attend the scheduled hearings.117
The DARAB even quoted in its Decision the reason offered
by private complainantÊs counsel in his Motion to Withdraw
as counsel:
That as early as the preliminary hearings of the case,
the respondent has already shown her intention not to
participate the proceedings of the case for reasons known
only to her;
That despite the advi[c]e of the undersigned, respondent
stood pat with her decision not to participate in the
proceedings of the case;
That in view of this predicament, the undersigned can
do nothing except to withdraw as he is now withdrawing as
counsel for the respondent of the above entitled case[.]118

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112 Rollo, pp. 29-32.

113 Id., at pp. 29-30.
114 Id., at p. 30.
115 Id.
116 Id. The DARAB Decision states that Ligtas had peacefully
cultivated the land from 1993 to June 29, 2000, when respondent Anecita
Pacate ordered men to harvest abaca from the land.
117 Id., at p. 28.
118 Id., at p. 29.

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Ligtas vs. People

It is true that trial courts are not mandated to take

judicial notice of decisions of other courts or even records of
other cases that have been tried or are pending in the same
court or before the same judge.119 In declaring that the
DARABÊs findings on the tenancy relationship between
petitioner and private complainant are immaterial to the
criminal case for theft, the Court of Appeals120 relied on
Cornes, et al. v. Leal Realty Centrum Co., Inc.121
In Cornes, petitioners, who were farmers of a 21-hectare
agricultural land in Tarlac that was principally devoted to
sugar and rice and who claim the rights of their
predecessors-in-interest, filed separate Complaints before
the Provincial Adjudication Board of Region III in Tarlac,
Tarlac. They claimed that when the registered owner of the
land, Josefina Roxas Omaña, sold the land to respondents,
respondents were aware of the tenancy relationship
between petitioners and Josefina Roxas Omaña.122

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119 See Rules of Court, Rule 129, Secs. 1 and 2 provide:

SECTION 1. Judicial notice, when mandatory.·A court shall take
judicial notice, without the introduction of evidence, of the existence and
territorial extent of states, their political history, forms of government
and symbols of nationality, the law of nations, the admiralty and
maritime courts of the world and their seals, the political constitution
and history of the Philippines, the official acts of the legislative,
executive and judicial departments of the Philippines, the laws of nature,
the measure of time, and the geographical divisions.
SECTION 2. Judicial notice, when discretionary.·A court may take
judicial notice of matters which are of public knowledge, or are capable of
unquestionable demonstration, or ought to be known to judges because of
their judicial functions.
See also Tabuena v. Court of Appeals, 274 Phil. 51, 56-57; 196 SCRA
650, 655-656 (1991) [Per J. Cruz, First Division].
120 Rollo, p. 104.
121 Cornes v. Leal Realty Centrum Co., Inc., supra note 38.
122 Id., at pp. 533-534; p. 551.

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32 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

Respondents offered a compensation package to

petitioners in exchange for the renunciation of their
tenancy rights under the Comprehensive Agrarian Reform
Law. However, they failed to comply with their obligations
under the terms of the compensation package.123
Petitioners then filed a series of Complaints before the
DARAB. The cases were consolidated and resolved by the
Provincial Adjudicator.124
The Provincial Adjudicator ruled, among other things,
that „there was no tenancy relationship [that] existed
between the parties.‰125 He found that petitioners and their
predecessors-in-interest were mere hired laborers, not
tenants. Tenancy cannot be presumed from respondentsÊ
offer of a compensation package.126
On appeal, the DARAB reversed the Decision of the
Provincial Adjudicator. It found that there was an implied
tenancy between the parties. Petitioners were deemed
tenants of the land for more than 30 years. They were
entitled to security of tenure.127
The Court of Appeals reversed the DARAB Decision and
reinstated the Provincial AdjudicatorÊs Decision. It held
that there was no substantial evidence to prove that all the
requisites of tenancy relationship existed. However, despite
the lack of tenancy relationship, the compensation package
agree​ment must be upheld.128
This court affirmed the Court of AppealsÊ Decision.129 It
held that petitioners failed to overcome the burden of
proving the existence of a tenancy relationship:

_______________

123 Id., at p. 534; pp. 551-552.

124 Id., at pp. 533-537; pp. 551-554.
125 Id., at p. 537; p. 554.
126 Id.
127 Id., at pp. 540-541; p. 559.
128 Id., at pp. 543-544; p. 560.
129 Id., at p. 558; p. 577.

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Ligtas vs. People

At the outset, the parties do not appear to be the landowner and

the tenants. While it appears that there was personal cultivation by
petitioners and their predecessors-in-interest of the subject
landholding, what was established was that petitionersÊ claim of
tenancy was founded on the self-serving testimony of petitioner
Rodolfo Cornes that his predecessors-in-interest had been in
possession of the landholding for more than 30 years and had
engaged in a „50-50‰ sharing scheme with JOSEFINA and
JOSEFINAÊs grandmother, the previous owner thereof. Self-serving
statements in pleadings are inadequate; proof must be adduced.
Such claims do not suffice absent concrete evidence to support
them. The burden rests on the shoulders of petitioners to prove
their affirmative allegation of tenancy, which burden they failed to
discharge with substantial evidence. Such a juridical tie must be
aptly shown. Simply put, he who alleges the affirmative of the issue
has the burden of proof, and from the plaintiff in a civil case, the
burden of proof never parts. The same rule applies to
administrative cases. In fact, if the complainant, upon whom rests
the burden of proving his cause of action, fails to show in a
satisfactory manner the facts upon which he bases his claim, the
respondent is under no obligation to prove his exception or
defense. . . .
Neither was it shown to the satisfaction of this Court that there
existed a sharing of harvests in the context of a tenancy
relationship between petitioners and/or their predecessors-in-
interest and JOSEFINA. Jurisprudence is illuminating to the effect
that to prove such sharing of harvests, a receipt or any other
evidence must be presented. None was shown. No receipts were
presented as testaments to the claimed sharing of harvests. The
only evidence submitted to establish the purported sharing of
harvests was the testimony of petitioner Rodolfo Cornes. The
sharing arrangement cannot be deemed to have existed on the basis
alone of petitioner Rodolfo CornesÊ claim. It is self-serving and is
without evidentiary value. Self-serving statements are deemed
inadequate; competent proof must be adduced. If at all,

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34 SUPREME COURT REPORTS ANNOTATED

Ligtas vs. People

the fact alone of sharing is not sufficient to establish a tenancy

relationship.
 We also sustain the conclusion reached by the Provincial
Adjudicator and the Court of Appeals that the testimony of Araceli
Pascua, an employee of the DAR in Victoria, Tarlac, that the subject
landholding was tenanted cannot overcome substantial evidence to
the contrary. To prove the alleged tenancy no reliance may be made
upon the said public officerÊs testimony. What cannot be ignored is
the precedent ruling of this Court that the findings of or
certifications issued by the Secretary of Agrarian Reform, or his
authorized representative, in a given locality concerning the presence
or absence of a tenancy relationship between the contending parties,
are merely preliminary or provisional and are not binding upon the
courts. This ruling holds with greater effect in the instant case in
light of the fact that petitioners, as herein shown, were not able to
prove the presence of all the indispensable elements of tenancy.130
(Emphasis supplied, citations omitted)

Thus, in Cornes, this court did not categorically hold

that the DARABÊs findings were merely provisional and,
thus, not binding on courts. What was deemed as a
preliminary determination of tenancy was the testimony of
the Department of Agrarian Reform employee stating that
the land involved was tenanted. Further, the tribunals had
conflicting findings on whether petitioners were bona fide
tenants.
In this case, records are bereft as to whether private
complainant appealed the DARAB Decision. Thus, it is
presumed that the Decision has long lapsed into finality.131
It is also es-

_______________

130 Id., at pp. 550-552; pp. 568-571.

131 See Rep. Act No. 6657 (1988), Sec. 51 provides:
SEC. 51. Finality of Determination.·Any case or controversy before it
shall be decided within thirty (30) days after it is submitted for
resolution. Only one (1) motion for reconsideration shall be allowed. Any
order, ruling or decision shall be final after the lapse of fifteen (15) days
from receipt of a copy thereof.

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 Ligtas vs. People

tablished that private complainant participated in the

initial stages of the DARAB proceedings.132 Therefore, the
issue of the existence of a tenancy relationship is final as
between the parties. We cannot collaterally review the
DARABÊs findings at this stage. The existence of the final
Decision that tenancy exists creates serious doubts as to
the guilt of the accused.

VI

According to petitioner, the elements of theft under

Article 308 of the Revised Penal Code were not established
since he was a bona fide tenant of the land.133 The
DARABÊs recognition of petitioner as a legitimate tenant
necessarily „implie[d] that he ha[d] the authority to harvest
the abaca hemp from [private complainantÊs land].‰134 This
shows that petitioner had no criminal intent.
As to the existence of another element of theft · that
the taking was done without the consent of the owner ·
petitioner argues that this, too, was negated by his status
as private complainantÊs tenant:

The purported lack of consent on the part of the private

complainant as alleged by the prosecution, is misplaced. In fact, it
was even improper for . . . Anecita Pacate to stop or prevent
petitioner from harvesting the produce of the landholding because
as tenant, petitioner is entitled to security of tenure. This right
entitled him to continue working on his landholding until the
leasehold relation is terminated or until his eviction is authorized
by the DARAB in a judgment that is final and executory.135
(Citation omitted)

_______________

132 Rollo, pp. 28-29 and 42.

133 Id., at p. 199.

134 Id.
135 Id.

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36 SUPREME COURT REPORTS ANNOTATED
Ligtas vs. People

Petitioner argues that the constitutional presumption of

innocence must be upheld:

Well-settled is the rule that where „inculpatory facts and

circumstances are capable of two or more explanations, one of which
is consistent with the innocence of the accused and the other
consistent with his guilt, then the evidence does not fulfill the test
of moral certainty and is not sufficient to support a conviction.‰ In
acquitting an appellant, we are not saying that he is lily-white, or
pure as driven snow. Rather, we are declaring his innocence because
the prosecutionÊs evidence failed to show his guilt beyond
reasonable doubt. For that is what the basic law requires. Where
the evidence is insufficient to overcome the presumption of
innocence in favour of the accused, then his „acquittal must follow
in faithful obeisance to the fundamental law.‰136 (Citations omitted)

The Court of Appeals erred when it affirmed the

findings of the trial court finding petitioner guilty beyond
reasonable doubt of theft.
Article 308 of the Revised Penal Code provides:

ARTICLE 308. Who are Liable for Theft.·Theft is com​mitted by

any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal
property of another without the latterÊs consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the fruits or object
of the damage caused by him; and

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136 Id., at pp. 199-200.

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 Ligtas vs. People

3. Any person who shall enter an enclosed estate or a field where

trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm products.

The essential elements of theft are: (1) taking of

personal property; (2) the property taken belongs to
another; (3) the taking was done without the ownerÊs
consent; (4) there was intent to gain; and (5) the taking was
done without violence against or intimidation of the person
or force upon things.137
Tenants have been defined as:

persons who · in themselves and with the aid available from

within their immediate farm households · cultivate the land
belonging to or possessed by another, with the latterÊs consent, for
purposes of production, sharing the produce with the landholder
under the share tenancy system, or paying to the landholder a price
certain or ascertainable in produce or money or both under the
leasehold tenancy system.138 (Citation omitted)

Under this definition, a tenant is entitled to the

products of the land he or she cultivates. The landownerÊs
share in the produce depends on the agreement between
the parties. Hence, the harvesting done by the tenant is
with the landownerÊs consent.
The existence of the DARAB Decision adjudicating the
issue of tenancy between petitioner and private
complainant negates the existence of the element that the
taking was done without the ownerÊs consent. The DARAB
Decision implies that petitioner had legitimate authority to
harvest the abaca.

_______________

137 See Gan v. People, 550 Phil. 133, 159; 521 SCRA 550, 577 (2007)
[Per J. Chico-Nazario, First Division]; United States v. De Vera, 43 Phil.
1000, 1003 (1921) [Per J. Villamor, En Banc]; and People v. Yusay, 50
Phil. 598, 607 (1927) [Per J. Villa-Real, En Banc].
138 Cornes v. Leal Realty Centrum Co., Inc., supra note 38 at p. 548;
p. 566.
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38 SUPREME COURT REPORTS ANNOTATED

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The prosecution, therefore, failed to establish all the

elements of theft.
In Pit-og v. People,139 this court acquitted petitioner of
theft of sugarcane and banana crops on the basis of
reasonable doubt.140 The prosecution failed to prove lack of
criminal intent on petitionerÊs part.141 It failed to clearly
identify „the person who, as a result of a criminal act,
without his knowledge and consent, was wrongfully
deprived of a thing belonging to him.‰142 There were doubts
as to whether the plants taken by petitioner were indeed
planted on private complainantÊs lot when petitioner had
planted her own plants adjacent to it.143 Thus, it was not
proven beyond reasonable doubt that the property belonged
to private complainant. This court found that petitioner
„took the sugarcane and bananas believing them to be her
own. That being the case, she could not have had a criminal
intent.‰144
In this case, petitioner harvested the abaca, believing
that he was entitled to the produce as a legitimate tenant
cultivating the land owned by private complainant.
Personal property may have been taken, but it is with the
consent of the owner.
No less than the Constitution provides that the accused
shall be presumed innocent of the crime until proven
guilty.145 „[I]t is better to acquit ten guilty individuals than
to convict one innocent person.‰146 Thus, courts must
consider „[e]very circumstance against guilt and in favor of
innocence[.]‰147 Equally settled is that „[w]here the
evidence admits of two in-

_______________

139 Supra note 64.

140 Id., at p. 416 and 423; pp. 393 and 396.
141 Id., at p. 423; p. 396.
142 Id.
143 Id., at pp. 422-423; pp. 395-396.
 144 Id., at p. 423; p. 395; citations omitted.
145 Const., Art. III, Sec. 14(2).
146 Ubales v. People, 591 Phil. 238, 257; 570 SCRA 251, 271 (2008)
[Per J. Chico-Nazario, Third Division].
147 Id.

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Ligtas vs. People

terpretations, one of which is consistent with guilt, and the

other with innocence, the accused must be given the benefit
of doubt and should be acquitted.‰148
In view of petitionerÊs acquittal based on reasonable
doubt, we find it unnecessary to discuss further the other
errors raised by petitioner.
WHEREFORE, the Petition is GRANTED. The Court
of AppealsÊ Decision dated March 16, 2010 and the
Resolution dated February 2, 2012 are REVERSED and
SET ASIDE. Petitioner Monico Ligtas is ACQUITTED of
the crime of theft under Article 308 of the Revised Penal
Code. If detained, he is ordered immediately RELEASED,
unless he is confined for any other lawful cause. Any
amount paid by way of a bailbond is ordered RETURNED.
SO ORDERED.

Carpio (Chairperson), Brion, Del Castillo and

Mendoza, JJ., concur.

Petition granted, judgment and resolution reversed and

set aside. Petitioner Monico Ligtas acquitted and ordered
immediately released.

Notes.·In adjudicating a case on trial, courts are not

authorized to take a judicial notice of the contents of the
records of other cases, even when such cases have been
tried or are pending in the same court and notwithstanding
that both cases may have been tried or are actually
pending before the same judge; Rule admits of exceptions.
(Republic vs. Sandiganbayan [Fourth Division], 662 SCRA
152 [2011])
The Supreme Court takes judicial notice that
 proceedings at the first level courts, especially in cities and
capital towns, are relatively slower than those at the
Regional Trial Court because of its more numerous pending
cases. (Boto vs. Villena, 706 SCRA 1 [2013])

··o0o··

_______________

148 Id., at pp. 257-258; p. 271, citing People v. Mijares, 358 Phil. 154,
166; 297 SCRA 520, 534 (1998) [Per J. Panganiban, First Division];
People v. Corpuz, 459 Phil. 100, 113; 412 SCRA 479, 489 (2003) [Per J.
Ynares-Santiago, First Division].

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