G.R. No. 13529. !une "# 2$$$ %a&'s( Petitioner Corpuz was a farmer-beneficiary under the Operation Land Transfer (OLT) Program of the Department of Agrarian eform (DA) and was issued a Certificate of Land Transfer (CLT) o!er two parce"s of agricu"tura" "and# former"y owned and registered under a certain $"orentino Chioco% To pay for his wife&s hospita"ization# petitioner mortgaged the sub'ect "and in fa!or of (irginia de Leon% )pon e*piration# he again mortgaged it to espondent +i"aria ,rospe# wife of ,eronimo ,rospe# for four years as guarantee for the "oan% The parties e*ecuted a contract which a""owed the respondents to use or cu"ti!ate the "and during the duration of the mortgage% Petitioner instituted an action for reco!ery of possession with DAA-% + e a""eged that they had entered the disputed "and by force and intimidation and destroyed the pa"ay he p"anted on the "and% .n the respondent/s Answer# she c"aimed that the contract a""owed her to ta0e o!er the possession and cu"ti!ation of the property unti" the "atter paid his "oan% .nstead of paying his "oan# petitioner a""eged"y e*ecuted a 12ai!er of ights1
o!er the "andho"ding in fa!or of respondents% Petitioner denied a""eging that the signatures on the 2ai!er were forged% Pro!incia" Agrarian eform Ad'udicator (PAAD) ru"ed that petitioner abandoned and surrendered the "andho"ding to the 3amahang 4ayon of 5a"aya recommending the rea""ocation of the said "ots to the respondent spouses# who were the 1most 6ua"ified farmer7s8-beneficiaries%1
The appe""ate court affirmed decision# hence this appea"% Issue(p Did the petitioner abandon or !o"untari"y surrendered his rights as a beneficiary under PD 9:; HEL)( *+e Pe',',on ,s de-o,d o. /e0,'. 3upreme Court DENIED instant petition and the assai"ed Decision and eso"ution was A$$.5<D insofar as it dismissed petitioner&s appea"% The sa"e# transfer or con!eyance of "and reform rights are# as a ru"e# !oid in order to pre!ent a circum!ention of agrarian reform "aws% +owe!er# in the present case# the !o"untary surrender or wai!er of these rights in fa!or of the 3amahang 4ayon is !a"id because such action is deemed a "ega""y permissib"e con!eyance in fa!or of the go!ernment% After the surrender or wai!er of said "and reform rights# the Department of Agrarian eform# which too0 contro" of the property# !a"id"y awarded it to pri!ate respondents%