Inciso, Bliz Desery G.

II-A

Department of Agrarian Reform vs. Hon. Hakim Abdulwahid &

Yupangco Cotton Mills, Inc., G.R. No. 163285, Feb. 27, 2008
Facts:
Recovery of Ownership and Possession, Violation of R.A. No.6657 and
R.A. No.3844, Cancellation of Title , Reconveyance and damages against
(BYARBAI) Buenavista Association, DAR, and Land Bank of the Philippines was
filed by Yupangco Cotton Mills.
Motion to Dismiss filed by the DAR was denied by the Regional Trial
Court. Afterwards a Motion for Reconsideration was filed but later on denied by
the same court.
DAR filed a special civil action for certiorari under Rule 65, alleging grave
abuse of discretion amounting to lack of jurisdiction.
The Appellate Court sustained the ruling of the RTC that jurisdiction lies
with the regular courts and not the DARAB because complainant seek for recovery
and possession of the subject parcel of land.

Issue:
Whether or not DARAB has jurisdiction over the case.
Ruling:
The jurisdiction lies with the DARAB and not to the regular courts.

As the issue was redistribution to farm beneficiaries and seek to effect a

reversion to the original owner, Yupangco Cotton Mills, These form part of the
allegations pertain to the implementation of the CARP under R.A. No.6657.
As provided Under Sec.50 of R.A. No.6657, all matters involving the
implementation of agrarian reform are within the DARs primary, exclusive and
original jurisdiction. The DARAB, as the quasi-judicial body of DAR can
determine and adjudicate all agrarian disputes and cases involving the
implementation of CARP
Case Dismissed.
.