G.R. No.

78517 February 27, 1989

GABINO ALITA, JESUS JULIAN, JR., JESUS JULIAN, SR., PERO RI!ALE,
"I!ENTE RI!ALE a#$ ROLANO SALA%AR, petitioners,
vs.
T&E &ONORABLE !OURT OF APPEALS, ENRI'UE %. RE(ES, PA) %. RE(ES a#$
FE %. RE(ES, respondents
The Reyeses acquired two parcels of land in Zamboanga del Sur through their
predecessors-in-interest who were originally granted homestead patents. They desired
to cultivate these lands personally, but Alita et.al. refused to vacate, relying on the
provisions of the agrarian reform law bac then, !" #$. Thus, the Reyeses filed a
complaint against the %inister of Agrarian Reform, the %AR Regional "irector, and Alita
et. al. for the declaration of !" #$ and appurtenant regulations as inapplicable to
homestead lands.
The &A declared that !" #$ is inapplicable to homestead' that the Reyeses will
cultivate their farmholding as owners thereof' and e(ectment of the so-called tenants
Alita et. al.
)SS*+, Should agrarian reform under !" #$ be applicable to homestead lands-
.+/", 0o. The contention that !" #$ decreeing the emancipation of tenants from the
bondage of the soil and transferring to them ownership of the land they till is a sweeping
social legislation &A001T 2+ )0314+" to defeat the very purpose of the !ublic /and
Act 5&A 6768.
The .omestead Act has been enacted for the welfare and protection of the poor. The
law gives a needy citi9en a piece of land where he may build a modest house for
himself and family and plant what is necessary for subsistence and for the satisfaction
of life:s other needs. The right of the citi9ens to their homes and to the things necessary
for their subsistence is as vital as the right to life itself. They have a right to live with a
certain degree of comfort as become human beings, and the State which loos after the
welfare of the people:s happiness is under a duty to safeguard the satisfaction of this
vital right.
Section ;. The State shall apply the principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the disposition or utili9ation of other
natural resources, including lands of public domain under lease or concession suitable
to agriculture, sub(ect to prior rights, homestead rights of small settlers, and the rights of
indigenous communities to their ancestral lands.
0ota 2ene, Sec. ; of &AR/ provides that <original homestead grantees or their direct
compulsory heirs who still own the original homestead at the time of the approval of this
Act shall retain the same areas as long as they continue to cultivate said homestead.=
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