July 8, 1994
DAR OPINION NO. 42-94
PARO MARIA G. SANTILLAN
Department of Agrarian Reform
Provincial Agrarian Reform Office
Pagadian City
Dear PARO Santillan:
This refers to your request for legal opinion regarding the approval by the Adjudication Board of some petitions for the exemption of homestead from OLT coverage. It is your observation that the decisions of the PARAD in said cases is based on the Supreme Court ruling in the Alita case recognizing the homesteaders? rights as superior to the rights of the farmer-beneficiaries under P.D. 27. You believe that the Alita case is not applicable to all homesteads because the facts and circumstances in the Alita case are peculiar only thereto and not to the other cases.
We wish you to know that we fully agree with your observation that a previous decision is applicable to subsequent decisions only if the facts and circumstances of the cases being tried are identical with those of the previous case. Under the doctrine of "stare decisis", when the court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same, even though the parties may be different (Gov't v. Jalandoni; 44 OG 1840). In deciding cases, the presumption is that the Adjudicators are aware of this doctrine and will apply a Supreme Court ruling laid down in a particular case to cases before them where the facts are substantially the same. Should the party feel aggrieved by the decision of the PARAD or RARAD, the remedy under the New DARAB Rules of Procedure is not to request for legal opinion from the DAR Central Office but for the party who feels aggrieved by the decision to file an appeal before the DAR Adjudication Board at the Central Office.
Please be guided accordingly.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
Copy furnished:
ASEC Severino T. Madronio
DAR Central Office
Diliman, Quezon City
OIC Dir. Gloria J. Fabia
BLAD, DARCO
Diliman, Quezon City