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AGRARIAN REFORM: , JURISDICTIONAL ISSUES AND JURISPRUDENCE JUSTICE OSWALDO D. AGCAOILI Philippine Judicial Academy Supreme Court “The State shall encourage and undertake the just distribution of all agricultural lands, subject to the priorities and retention limits set forth in the Act.” iii, me + The right to choose the area to be retained, which " shall be compact or contiguous, shall pertain to the landowner. + But ifthe area selected for retention by the landowner {s tenanted, the tenant shall have the option to choose _avhether to remain therein or be a beneficiary in the same or other agricultural land with similar or ‘comparable features. CONCEPT OF AGRARIAN REFORM irrespective of tenurial arrangement” Galfer See CARP COVERAGE UNDER RA 6657 AS AMENDED BY RA 9700 + @ Allalienable and disposable lands of the ‘domain devoted to or suitable for + (®) All lands of the public domain in excess of the Specific limits as determined by Congress in the preceding paragraph; < + (©) All other lands owned by the Government devoted to or suitable for agriculture; and + @ All private lands devoted to or suitable for Aico regardless of the agricultural products th | + ‘The right of indigenous cultural communities to their ancestral lands shal be protected to ensure their + But the Torrens System shall be respected. GOVERNING LAWS ‘Sec.4, Article XIIL 1987 Constitution “The State shall, by law, undertake an agrarian reform ‘rogram founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till..." “Decree emancipated tenant farmers of private agricultural lands primarily devoted to rice and tht Retention Limits | ="Te landowner, not to exceed five (5)-hectares in provided: 1. he is atleast fifteen (15) years of age; and 2. be is actually tilling the land or directly ‘managing the farm. pond ' Lands actually, directly and exclusively used and found to be necessary for: 1. national defense, schoo! sites and campuses, ete. 2, church sites and convents appurtenant thereto; 3, penal colonies and penal farms; 4. government and private research and ‘quarantine centers; and 5. all lands with eighteen percent (18%) slope é ih Also excluded: 1, Lands converted to non-agricultural uses prior to the effectivity of CARL 2. Farms used for rising livestock, poultry and swine 3. Agricultural lands reclassified by LGU’ into residential, commercial or industrial uses 4. Lands used for academic or educational purposes 5. Homesteads Biiash Sa DETERMINATION OF COMPENSATION + The cost of acquisition of the land, the value of the standing cop cuen vale of ike properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, and the assessment made by assessors, ‘and 70% of the zonal valuation of the BIR, ‘translated into a basic formula, by the DAR shalt be considered. + The LBP shall compensate the landowner in such amounts as may be agreed upon by the landowner and the DAR and the LBP, or as may be finally AWARD TO BENEFICIARIES registered emancipation patent or certificate of land ‘ownership award and their actual physical possession ha DURE FOR ACQUISTION OF = PRIVATE LANDS i QUALIFIED BENEFICIARIES + The land shall be distributed to landless residents of the same barangay, oF inthe absence thereof, landless residents of the same municipality inthe following CANCELLATIOH OF REGISTERED PATENTS «All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR. «+ A landless beneficiary is one who owns less than «+ Beneficiaries under PD 27 who have culpably sold, ‘+ Lands acquired by beneficiaries under the Act or | have a right to repurchase the land from the government or LBP within a period of two (2) years- shal ce acre tie compensa i te on ‘the Tend by jiring the landowner, the LBP and i parties to submit evidence as to ‘three (3) hectares of agricultural land. Aisposed of, or abandoned ther lands are disqualified to become beneficiaries. ‘TRANSFERABILITY OF AWARDED LANDS other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary the government, or to the LBP, or © other qualified beneficiaries through the DAR for # successi QUASI-JUDICIAL POWERS OF THE DAR ht. | EXCLUSIVE JURISDICTION ‘ON AGRARIAN DISPUTE + Ifthere is an ilegation fro any ofthe partis that the case is agrarian in nature and one of the parties is ‘a farmer, farmworker, or tenant, the case shall be automatically referred bythe judge orth prosecutor to the DAR which shall determine and certify within 15) days from sferal whether an agrarian JURISDICTIO OF THE ADJUDICATION BOARD +The Agrarian Adjudication Board shall have primary jurisdiction, both original and appellate, to deterjmine ‘and adjudicate all agrarian disputes and other matters involving the CARP. | + Example: cases involving the valuation of land, ‘determination and payment of just compensation; fixing and collection of lease rentals; disturbance compensation; amortization payments; and similar disputes concerning the function of the Land Bank. th? ‘settlement is presented. ‘ + Ifno certification is issued by the BARC within thir, (G0) days, the case or dispute may be brought before * it + From the determination of the DAR, an aggrieved party shall have judicial recourse-In cases referred by ‘the municipal trial court and the prosecutor's office, ‘the appeal shall be with the proper regional trial ‘court, and in cases referred by the RTC, the appeal shall be tothe Court of Appeals. + Other disputes: cases involving the sale, alienation, ‘mortgage, foreclosure, pre-emption and redemption of agricultural lands under the CARP; and cases involving the issuance of CLTs, CLOAS and EPs and the administrative correction thereof. cl to review, reverse, modify, alter or affirm resolutions, orders, and decisions of the RARAD and PARAD. ii + The findings of fact of the DAR shall be final and conclusive if based on substantial evidence. = SPECIAL AGRARIAN COURT + The Supreme Court may designate atleast one (1) branch of the Regional Trial Court (RTC) within each province to act a a Special Agrarian Court. or more + | + Transactions involving a transfer of ownership shall be ‘exempted from taxes arising ftom capital gains, and from the payment of registration fees, and all other ‘taxes and fees forthe conveyance or transfer thereof. Registers of Deeds shall register, free from payment of implementation of the CARP. + The sale or disposition of agricultural lands retained by aalandowner as a consequence of Section 6 shall be valid as long as the total landholdings that shall be ‘owned by the transferee thereof inclusive ofthe land to ‘be acquired shall not exceed the landholding ceiling ‘provided for inthe Act. a + Where the subject parcels of lands were reclassified ‘within an urban zane pursuant to a city ordinance prior tothe effectivity of the CARL (June 10, 1988), said lands are considered “non-agricultural” and — a 4 oa he (GENERAL PROVISIONS srielvejuediction over all petitions (a)mforthe-/-f: | >} + After the lapse of five (5) years from its award, when Seremination of just compensation to landowners, Jel comes tobe evoomaically feasible and sound Sod (the proseetion ofall rina offenses under {ex pacar purposes, rte locality has become ‘this Act. The Rules of Court shall apply to all ‘urbanized and the land will have a greater economic “+ An appeal may be taken from the decision of the SAC by filing petition for review with the Courtof =, ‘Appeals within fifteen (15) days from receiptof notice ofthe decision ma... _ SUBSTANTIVE AND JURISDICTIONAL CONVERSION OR TANDS) pens ISSUES: ILLUSTRATIVE CASES «After the apse of five (3) yours from te sward, wi Gino cna ue COVERAGE {oyna Pood wil inae ret econoe Vale for resdenal commer Lands previously converted by government = DAKE upon aplication “ppencics o non-agricultural uses prior t the pec en nat in ‘tectvity ofthe CARL are outside it cover tote othe aod paris, and subject oiing ‘(Agrarian Reform Beneficiaries Association Mave my sutbores the reclstfiation or conversion Sion, GR No. 165394, ct. 6,2008) of the land and its disposition (except irrigated lands) ee ee ee + PD 27 does not preclude nor prohibit the disposition of landholdings planted with other crops to the | ‘tenants by express will ofthe landowner. + DAR has authority to identify qualified agrarian a eto a ° ‘Ownership of lands granted to tenant-farmers under ji ici ay | a ee ered awe ee emer ee ae rn parties except by hereditary succession or to the ‘RAB, lo. 5, Jul *. Dizon, GRNO ‘+ Agrarian laws were enacted to help smal farmers JURISDICTIO Se uplift their economic status by providing them with % + Implementation of the CARP falls under the ‘modest standard of living suficent to meet thei * scorer] | Po exclusive jorisdiction of the DAR Sectetary. ‘needs for food, clothing, shelter and other basic + All controversies on the implementation ofthe + He determines whether a tract of land is covered by necessities. The Law grants them the right to {CARE fal under he jinn ofthe DAR. (DAR ‘or exempt from CARP. ‘onsite a home lot as ther dwelling and ¥. Cuenca, GR No. 154112, Sept. 23,2004) < eaits ity of CARP ‘ets Bmtt. Magn, No. 152564, Kaveri aior arrears Sept. 13, 2004) + RANo, 657 invests DAR with original jurisdiction, «He decides to whom lands placed under the CARP + The rights of holder of homestead patent are generally, over all cases involving agrarian laws. shall be distributed. (Department of Agrarian superior over the rights of the tenants guaranteed by (Tangub v. Court of Appeals, GR No. UDK No. Reform v. Polo Coconut Plantation, Co. Ine., GR the Agrarian Reform Law. (Taguinod v. Court of 1964, Dec. 3, 1990) No, 168787, Sept. 3, 2008) ‘Appeals, GR No. 154654, Sept. 14, 2007) : + Note: DAR Secretary has now jurisdiction over alla, cases forthe Gancellation of tiles issued under the | * + DARAB has primary and exclusive jurisdiction,” | ean aaenl DAR; corollarily, cases involving the issuance, toh original und appl, to determine und a fede adjudicate all ograrian disputes involving the + “All eases involving the cancellation of registered have been registered with the Register of Deeds are implementation ofthe CARP. (Gabriel v. Jamias, ‘emancipation patents, certificates of land ownership ° -within the jurisdiction of the DARAB.” (Dso-Ayan + GRNo. 156482, Sept. 17, 2008) ‘award, and other titles issued-snder any agrarian ai ‘y-BARAB; GR'No. 172109, Aug. 29, 2007) Pani peop em Wana Ges Note: RA 9700 now vests in the DAR exclusive Jurisdiction of the Secretary cancel registered emancipation | ‘RA No. 6657, as amended by RA No. 9700, dated pa RPOT TS fares ‘August 8, 2009) rome . - | + “For DARAB to have jurisdiction over the case, +The doctrine of primary jurisdiction precludes the + DARAB has exclusive original jurisdiction over there must bea tenancy relationship between the cout from resolving a controversy over which cases involving the rights and obligations of persons parties (Mateo v. Court of Appeals, GR No. _jurisdiction has initially been lodged with an ‘engaged in the management, cultivation and use of 128392, April 29, 2005) administrative body of special competence. all agricultural lands covered by the CARL. (Rivera For agrarian reform cases, jurisdiction is vested in v. Del Rosario, GR No. 144934, Jan. 15,2004) the DARAB. (Hilario v. Pradente, GR No, 150635, Sept. 11, 2008) rendered: clearly make out a case for prohibition. (David v. Rivera, GR No. 139913, Jan, 16, 2004) i a | i Eee +The fact that the land in digpute is an agricultural + Tobe a bona fide tenant, the person must cultivate the land himself and with the aid available from his inmate fam housthold Calo. Cout of “Appeals, GR No. 161959, Feb. 2, 2007) } + au icacaacask inorder to create 2 tenancy relationship between the partes; the absence ‘of one or more requisites does not make the alleged tenant a de facto tenant as contradistinguished from a 170346, March 12, 2007) Just: comes . (ee atthe ——— é jure tenant (Jugalbot v. Court of Appeals, GR No. i ee Be latter's tolerance or permission, without any contract, between them, is necessarily bound by in implied promise to vacate upon demand, failing which, © Summary action for ejctment ithe rope remedy. + Anaction to enforce rights as an agricultural tenant i tad by pression if at fd whines (2) years (Landicho v, Sia, GR No. 169472, Jan. 2 2008) +The principal factor in determining whether @ trey cep se i sien. June 7, 2007) + Section 57 of RA. No. 6657 vests RTC, scing asa mast tetracmieareses over all ee Se dele ot coxmpeneion : ‘atte ae eapee 10 do is only to jing to APPEAL + A decision ofthe RTC acting as 2 SAC should be CRIMINAL AND CIVIL LIABILITY *+ While a court may have authority to pass upon the + In several instances, the Court entertained and allowed Iapsed appeals in the higher interest of justice. ‘+ Moreover, proceedings before the DAR are summary 7, 2008) JUSTICE OSWALDO D-XGEAOILI OLED RDICAL ACADEMY st T

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