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HOSPICIO DE SAN JOSE DE BARILI v. DEPARTMENT OF AGRARIAN REFORM

This case has been cited 5 times or more.

	GR No. 179741 2015-12-09	HEIRS OF SPS. HILARIO MARINAS AND BERNARDINA N. MARINAS v. BERNARDO FRIANEZA JARDELEZA, J.
It is settled in Hospicio de San Jose de Barili, Cebu City v. Department of Agrarian Reform[45] that land transfers mandated under PD 27 are not considered conventional sales under our civil laws. In Hospicio, we ruled that a provision in the law prohibiting the sale of properties donated to a charitable organization incorporated by the same law did not bar the implementation of agrarian reform laws as regards the properties.[46] The Court explained:Generally, sale arises out of a contractual obligation. Thus, it must meet the first essential requisite of every contract that is the presence of consent. Consent implies an act of volition in entering into the agreement.
	GR No. 181525 2009-03-04	P'CARLO A. CASTILLO v. MANUEL TOLENTINO YNARES-SANTIAGO, J.
R.A. No. 3844 does not operate to take away completely every landowner's rights to his land. Nor does it authorize the agricultural lessee to act in an abusive or excessive manner in derogation of the landowner's rights. After all, he is just an agricultural lessee. Although the agrarian laws afford the opportunity for the landless to break away from the vicious cycle of having to perpetually rely on the kindness of others,[43] a becoming modesty demands that this kindness should at least be reciprocated, in whatever small way, by those benefited by them.
	GR No. 156052 2008-02-13	SOCIAL JUSTICE SOCIETY v. JOSE L. ATIENZA CORONA, J.
They cited Hospicio de San Jose de Barili, Cebu City v. Department of Agrarian Reform:[109]
	GR No. 139285 2007-12-21	ROMAN CATHOLIC ARCHBISHOP OF CACERES v. SECRETARY OF AGRARIAN REFORM VELASCO JR., J.
Archbishop makes much of the conditional donation, that he does not have the power to sell, exchange, lease, transfer, encumber or mortgage the transferred properties. He claims that these conditions do not make him the landowner as contemplated by the law. This matter has already been answered in Hospicio de San Jose de Barili, Cebu City (Hospicio) v. Department of Agrarian Reform.[11] In that case, wherein Act No. 3239 prohibited the sale under any consideration of lands donated to the Hospicio, a charitable organization, the Court found that the lands of the Hospicio were not exempt from the coverage of agrarian reform. In characterizing the sale of land under agrarian reform, we stated:Generally, sale arises out of contractual obligation. Thus, it must meet the first essential requisite of every contract that is the presence of consent. Consent implies an act of volition in entering into the agreement. The absence or vitiation of consent renders the sale either void or voidable.
	GR NO. 169514 2007-03-30	CONFEDERATION OF SUGAR PRODUCERS ASSOCIATION v. DEPARTMENT OF AGRARIAN REFORM . CALLEJO, SR., J.
under a system of sharecrop or lease tenancy, RA 6657 generally covers all public and private agricultural lands regardless of tenurial arrangement and commodity produced.[50]