Agra-finals-chapters 9 to 16

8/13/2019 Agra-finals-chapters 9 to 16

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Chapter 9: SUPPORT SERVICE

Section 35: Creation of Support Service

Department of Agrarian Reform (DAR)-Office of Support Service

The Office shall provide general support and coordination services in implementation ofthe program particularly in carrying out the provisions of the services to farmers-beneficiariesand affected landowners.

Services offered by the DAR1. Irrigation facilities

2. Infrastructure development and public works projects3. Government Subsidiaries for the use of irrigation facilities

4. Price support and guarantees for all agricultural produce5. Extend to small landowners and farmers' organizations the necessary credits6. Promoting, developing and extending financial assistance to small- and medium-scale

industries in agrarian reform areas7. Assigning sufficient numbers of agricultural extension workers to farmers' organizations

8. Research, development, and dissemination of information on agrarian reform, plants, andcrops best suited for cultivation and marketing9. Development of cooperative management skills through intensive training

10. Assistance in the identification of ready markets for agricultural produce and training inother various prospects of marketing

11. Conduct an effective information dissemination through DAR to promote marketing andminimize spoilage of agricultural produce and products12. Create a credit guarantee fund for agricultural landowners that will enhance the collateral

value of agricultural lands that are affected or will be affected by coverage under CARP13. Administration, operation, management and funding of support services programs and

projects including pilot projects and models related to agrarian reform as developed by DAR

DAR specifically made a policy statement in Administrative Order No. 05The success of the CARL depends on the provision if the necessary support services and

an organizational vehicle that will propel the beneficiaries to attain economic independenceand self-reliance. The lives of the agrarian reform beneficiaries (FBs) will be uplifted through the

provision of the support services.

Are the services enumerated sufficiently funded and implemented?A Support Service Office is created, however there are no funds definitely appropriated

to cover such services. The provision is, therefore, at best, a STATEMENT OF INTENT.

Section 36. Funding for Support Services

In order to cover the expenses and support services, at least forty percent (40%) of all

appropriations for agrarian reform during the five (5)-year extension period shall be

immediately set aside and made available for this purpose:

Provided, that the DAR shall pursue integrated land acquisition and distribution andsupport services strategy requiring a plan to be developed parallel to the land acquisition and


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distribution process. The planning and implementation for land acquisition and distribution shalbe hand-in-hand with support services delivery

Provided, further, that for the next five (5) years, as far as practicable, a minimum of two(2) Agrarian Reform Communities (ARCs) shall be established by the DAR, in coordination with

the local government units, non-governmental organizations, community-based cooperativesand people's organizations in each legislative district with a predominant agriculturalpopulation:

Provided, furthermore, that the areas in which the ARCs are to be established shallhave been substantially covered under the provisions of this Act and other agrarian or land

reform laws:Provided, finally, that a complementary support services delivery strategy for existing

agrarian reform beneficiaries that are not in barangays within the ARCs shall be adopted by

the DAR.

What is an Agrarian Reform Community?For this purpose, an Agrarian Reform Community is composed and managed by

agrarian reform beneficiaries who shall be willing to be organized and to undertake the

integrated development of an area and/or their organizations/cooperatives.

Is this an adequate and practical way of funding the support services?Apparently, it is not. It would be preferable for Congress to provide in the Annual

Appropriations Act appropriations for support services. However, the provision may serve as auseful guide in providing appropriations for agrarian reform.

What is the implication of inadequate support services?Because of absence of government support for distributed land, agricultural production

for the whole country has fallen far below expected level. Almost all crops have suffered

severe declines in production nationwide. For the past successive years, all agricultural cropsshows negative growth with the possible exception of poultry. We are now importing all basic

commoditiesrice, sugar, corn, coconut oil.

Sec. 37 Support Services For Agrarian Reform Beneficiaries

The following shall institute reform to liberalize access to creditby ARBs: Department of Agriculture (DAR)

Department of Finance

Bangko Sentral ng Pilipinas (BSP)

Support Services For Agrarian Reform Beneficiaries:1. Land Survey and Titling

2. Socialized terms on Agricultural Credit Facilities3. Extension Services4. Infrastructure

5. Research, Production, and Use of Organic Fertilizer and Other Local Substances6. Direct and Active DAR Assistance in the Education & Organization of Actual and PotentialAgrarian Reform Beneficiaries

Socialized terms on Agricultural Credit Facilities:30% of the 40% support services allocation shall be immediately set aside and made

available for agricultural credit facilities


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1/3 allocated for subsidiaries to support the initial capitalizations for agriculturalproductionto new agrarian reform beneficiaries upon the awarding of emancipation patent

or the certificate of land award.2/3 allocated to provide access to socialized creditto existing agrarian reform

beneficiaries including the leaseholder

The following shall provide a delivery system for disbursement of financial assistanceto:

1. individual ARBs,2. holders of collective titles, and

3. Cooperatives:

Land Bank of the Phils. (LBP) & other concerned govt financial institutions

Accredited savings & credit cooperatives

Financial service cooperatives & accredited cooperative banks

Acceptable Collateral For Loans1. Purchase Orders2. Marketing Agreements or expected harvests

Loans obtained shall be used in the following:1. Improvement and development of the farm holding of the ARB; or2. Establishment of facilities which shall enhance production or marketing of agricultural

products or increase farm income therefrom 70% of 15% earmarked for farm inputs as requested by the duly accredited ARBs

organizations

5% for seminars, trainings and the like to help empower ARBs

Farm Inputs1. Seeds, seedlings and/or planting materials;2. Organic Fertilizers

3. Pesticides4. Herbicides

5. Farm animals, implements/machineries

Extension Services1. Planting, cropping, production and post harvest technology transfer;

2. Marketing and management assistance and3. support to cooperatives and farmers organization

Infrastructure1. Access Trails

2. Mini-dams

3. Public Utilities

4. Marketing and Storage Facilities

Research, Production, and Use of Organic Fertilizer and Other Local Substances- Those necessary in farming and cultivation

Direct and Active DAR Assistance in the Education & Organization of Actual and

Potential Agrarian Reform Beneficiaries Barangay

Municipal

City

Provincial

National


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DAR to assist them inUnderstanding their rights and responsibilities as owner-cultivators developing farm-

related trust relationships among themselves and their neighbors.Increasing farm production and profitability with the ultimate end of empowering them to

chart their own destiny.

PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC)

- Formulate policies to ensure thatsupport services for ARBs shall be provided at all stages ofthe program implementationwith the concurrence of the concerned ARBs

- Adopt, implement, and monitor policies and programs to ensure the fundamental equality ofwomen and men in the agrarian reform program as well asrespect for the human rights,social

protection, and decent working conditions of both paid and unpaid men and women farmer

beneficiaries.

Bagong Kilusang Kabuhayan Sa Kaunlaran (Bkkk) Secretariat- Transferred and attached to the Land Bank of the Philippines, for its supervision including allits applicable and existing funds, personnel, properties, equipment, and records.

MISUSE OR DIVERSION OF THE FINANCIAL AND SUPPORT SERVICES

Sanctions against beneficiary found guilty:1. Forfeiture of the land transferred to him/her or lesser sanctions as may be provided by the

PARC2. Criminal prosecution

Sec. 37-A Equal Support for Rural Women

Support services shall be extended equally to women and men agrarian reform

beneficiaries.

PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC) shall ensure that:1. The support services integrate the specific needs and well-being of women farmer-

beneficiaries taking into account the specific requirements of female family members of

farmer beneficiaries2. Rural women will be able to participate in all community activities.

RURAL WOMENEntitled to1. Self-organization in order to obtain equal access to economic opportunities;2. Access to agricultural credit loans, marketing facilities and technology, and other support

services;

3. Equal treatment in land reform and resettlement schemes.

WOMENS DESK

To be established by DAR

Primarily responsible for formulating and implementing programs and activities related to

the protection and promotion of womens rights

Provide an avenue where women can register their complaints and grievances principally

related to their rural activities


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Sec. 38 Support Services for Landowners

PARC and other govt agencies and instrumentalities shall provide landowners:1. Investment Information, Financial and Counselling Assistance;2. Facilities, Programs and Schemes for Conversion or Exchange of bonds issued

3. Marketing of Agrarian Reform Bonds4. Other services

Investment Information, Financial and Counselling Assistance- Investment information on government owned and/or controlled corporations anddisposable assets of the government in pursuit of national industrialization and economicindependence.

Facilities, Programs and Schemes for Conversion or Exchange of bonds issuedBonds issued for payment of the lands acquired with stocksBonds issued by the National Government, the BSP and other government institutions and

instrumentalities.

Marketing of Agrarian Reform Bonds- Promotion of the marketability of said bonds in traditional and non-traditional financialmarkets and stock exchanges

Other Services- Services designed to utilize productively the proceeds of the sale of such lands for rural

industrialization.

Landowner who invests in rural-based industries shall be entitled to:Incentives granted to a registered enterprise engaged in a pioneer or preferred area of

investment as provided in the Omnibus Investment Code of 1987;

Other incentives as the PARC, the LBP, or other government financial institutions shall provide.

LBP shall redeem an los agrarian reform bonds at face value as an incentive, provided that:At lease 50% of the proceeds thereof shall be invested in a

1. Board of Investments (BOI)-registered company or2. Any agri-business or agro-industrial enterprise in the region where the CARP-covered

landholding is located.

Additional incentive:Additional 2% incentive in cash shall be paid to a landowner who:

1. Maintains his/her enterprise as a going concern for 5 years; or

2. Keeps his/her investments in a BOI-registered firm for 5 years.

PROVIDED:

The rights of ARBs are not, in any way, prejudiced or impaired thereby.

The DAR, LBP and the DTI shall jointly formulate the program to carry out these provisions

under the supervision of PARC.

In no case shall the landowners sex, economic, religious, social, cultural, and political

attributes exclude them from accessing these support services.


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Section 39. Land Consolidation

The DAR shall carry out land consolidation projects to promote equal distribution of

landholdings, to provided the needed infrastructures in agriculture, and to conserve soil fertilityand prevent erosion.

Has the DAR been faithful to this mandate of promoting among others, equal

distribution and providing necessary infrastructure under Section 39?Apparently not. Among the models used by Congress in enacting an agrarian reform is

that of Taiwan. There, the farm-lands are well-laid out and the areas are identical. Here, thelands were simply taken and distributed to the FBs without making any physical change inboundaries to make it more adaptable to mechanization and irrigation.

Has the DAR been faithful to this mandate of promoting among others, equal

distribution and providing necessary infrastructure under Section 39?Apparently not. Among the models used by Congress in enacting an agrarian reform is

that of Taiwan. There, the farm-lands are well-laid out and the areas are identical. Here, thelands were simply taken and distributed to the FBs without making any physical change in

boundaries to make it more adaptable to mechanization and irrigation.But then, Taiwan covered only 400,000 hectares while our country has to date covered

a total of 7 million hectares.

Chapter 10: SPECIAL AREAS OF CONCERN

Sec. 40 Special Areas of Concern

As an integral part of the Comprehensive Agrarian Reform Program the followingprinciples in these special areas of concern shall be observed:

A. Subsistence FishingSmall fisherfolk, including seaweed farmers, shall be assured of greater access to the

utilization of water resources.

Applicable laws in this is special concern is:Republic Act 8550 An Act Providing For The Development, Management And

Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws Pertinent Thereto,

And For Other Purposes.

Declaration of Policy of RA 8550 To achieve food security as overriding consideration in the utilization, management,

development, conservation and protect of fishery resources. To limit access to the fishery and aquatic resources of the Philippines for the exclusive use

and enjoyment of Filipino citizens. To ensure the rational and sustainable development, management and conservation of

the fishery and aquatic resources in Philippine waters. To protect the rights of fisherfolk. To provide support to the fishery sector.


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To manage fishery and aquatic resources in a manner consistent with the concept ofintegrated costal area management.

To grant private sector the privilege to utilize fishery resources under the basic concept thatthe grantee, licensee or permittee shall not only be a privileged beneficiary of the but also

an active participant of the Government.

Objectives:

1. Conservation, protection and sustained management of the country's fishery and aquaticresources;

2. Poverty alleviation and the provision of supplementary livelihood among municipalfisherfolk;

3. Improvement of productivity of aquaculture within ecological limits;4. Optimal utilization of offshore and deep-sea resources; and5. Upgrading of post-harvest technology.

Powers of the Secretary of Dept. of Agriculture: Use and exploitation of the fishery and aquatic resources in Philippine waters shall be

reserved exclusively to Filipinos.

The secretary may determine the required fees for the Fishpond Lease Agreement. The Secretary may prescribe limitations or quota on the total quantity of fish captured. The secretary may declare a closed season for conservation and ecological purposes.

Environmental Impact System is a mandatory requirement.

Prohibited Acts:1. Unauthorized fishing or engaging in other unauthorized fisheries activities.

2. Poaching in Philippine waters.3. Fishing through explosives, noxious or poisonous substance, and/or electricity.

4. Fishing in overfished areas and during closed season.5. Aquatic pollution.

B. Logging and Mining Concessions Logging and Mining shall be opened up for agrarian settlements whose beneficiaries shall

be required to undertake reforestation and conservation production methods. Subject to existing laws, rules and regulations, settlers and members of tribal communities

shall be allowed to enjoy and exploit the products of the forest.

C. Sparsely occupied public agricultural lands Surveyed, proclaimed and developed as farm settlements for qualified landless people

Agricultural land allocations shall be made for ideal family-size farms

Uncultivated lands of the public domain shall be made available on a lease basis to

interested and qualified parties Parties who will engaged in the development of capital-intensive, traditional or pioneering

crops shall be given priority

The lease period, which shall not be more than a total of fifty (50) years, shall be

proportionate to the amount of investment and production goals of the lessee

D. Idle, Abandoned, Foreclosed and Sequestered Lands They shall be planned for distribution as homelots and family-size farmlots to actual

occupants

If land area permits, other landless families shall be accommodated in these lands


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Art. XVIII, Sec. 22 - Transitory ProvisionsAt the earliest possible time, the Government shall expropriate idle or abandoned

agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarianreform program

Guidelines in homelots: Refers to a parcel of agricultural lands being used by the ARB as the site of his permanent

dwelling including the area utilized for raising vegetables, poultry, pigs, and other animalsand engaging in minor industries. The area may not eceed 1000 square meters.

It may be awarded if it is subject of land distribution under the CARP, provided, it does notform part of the retained area of the landowner

If within the retained area of the landowner, he may be made to transfer his dwelling in hisfarmlot or other area designated for his homelot which shall be agreed by the parties

The landowner may opt to request the farmworker-beneficiary not to remove the dwelling

or other improvements for his own use. In such case he shall pay for the value of thedwelling and other improvements

As a rule, the homelot is computed on the basis of the price of the farmlot transferred tothe ARB. However if it is outside the farmlot, the price shall be based on the value of thefarmholding where said homelot is located

E. Rural WomenThey shall have equal rights to ownership of the land, equal shares of the farms

produce and representation in advisory or appropriate decision making bodies.

F. Veterans And RetireesIf landless, they shall be given due consideration in the disposition of agricultural lands

of the public domain

Dar Administrative Order No. 03-97:Section 7 of Article XVI of the Constitution and Section 40 (6) of Republic Act No.

6657 state that landless war veterans and veterans of military campaigns, their survivingspouses and orphans, retirees of the Armed Forces of the Philippines (AFP) and the IntegratedNational Police (INP, now PNP), returnees, surrenderees, and similar beneficiaries, shall be

considered in the disposition of agricultural lands of the public domain. Members of the CitizenArmed Forces Geographical Units (CAFGUs) or their surviving spouses and orphans, who wererecruited by the Armed Forces of the Philippines (AFP) but who were disbanded are likewise

included in the disposition of agricultural lands of the public domain subject of this Order.

G. Agricultural GraduatesIf landless, they shall be assisted by the government, through the DAR, in their desire to

own and till agricultural lands.


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Sec. 43 THE PARC SECRETARIAT

Composition :1. Secretary of Agrarian Reform;

2. Undersecretary; and

3. Staff

The Secretary of Agriarian Reform shall be the Head of the Secretariat. TheUndersecretary shall the Secretary of Agrarian Reform. The composition of the staff shall bedetermined by the PARC Executive Committee, and its compensation shall be chargeable

against the Agrarian Reform Fund.All officers and employees of the Secretariat shall be appointed by the Secretary of

Agrarian Reform.

Duties and functions:1. To provide general support and coordinative services, e.g. inter-agency linkages;2. To provide program and project appraisal and evaluation; and3. To provide general operations monitoring for the PARC.

Sec. 44 THE PROVINCIAL AGRARIAN REFORM COORDINATING

COMMITTEE (PARCCOM)

R.A. No. 6657 (Comprehensive Agrarian Reform Law) created the Provincial Agrarian

Reform Coordinating Committee (PARCCOM) with the primary functions of coordinating andmonitoring the implementation of CARP in the province.

Functions:1. Coordinate and monitor implementation of CARP

The PARCCOM serves as the instrumentality for policy formulation and inter-agency

work programming of DARPO/PCIT in accordance with the guidelines set by PARC. APARCCOM Tracking Guide shall be adopted and used which will show the progress of theCARP implementation program in the provincial level.

Furthermore, PARCCOM will initiate the holding of on-site inspections, public hearingsand consultations with concerned sectors utilizing appropriate mechanisms and entitiesalready in place, like DARPO/PCIT, and other provincial bodies such as the Provincial

Development Council (PDC), People's Economic Council (PEC), Provincial Agricultural andFisheries Council (PAFC), Provincial Peace and Order Council (PPOC), People's LawEnforcement Board (PLEB), among others.

Joint PARCCOM-PCIT meetings will also be held quarterly or whenever necessary.

A PARCCOM Work and Financial Plan will also be submitted annually to PARC Executive

Committee through the PARC Secretariat. A quarterly report containing the development andachievements of CARP implementation shall also be submitted and a copy thereof furnishedto DAR Regional Director.

2. Coordinate and monitor implementation of CARP

Provides information, progress and guidelines on the provisions of CARP in the province.The PARCCOM in coordination with the DARPO/PCITs shall implement information

dissemination and promote awareness of Agrarian Laws, guidelines and issues or such mattersof interest.


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It may conduct information dissemination seminars in groups or communities for theabove-stated purpose.

It may also recommend to PARC a priority land reform area for immediate acquisitionand distribution to qualified ARBs.

The PARCCOM may also recommend to the PARC the following:a. Market prices as used in the determination of the profit-sharing obligation of

agricultural entities in the province; and

b. Adoption of direct payment scheme between landowner and farmer and/orfarmworker beneficiary under the following conditions:

i. The amount and terms of payment are not more burdensome to the agrarianreform beneficiary than under the compulsory coverage of CARL;

ii. The agrarian reform beneficiary agrees to the amount and terms of payment;

iii. The DAR shall act as mediator in cases of disagreement between the landownerand the farmer/farmworker beneficiary; and

iv. The farmer and/or farmer beneficiary shall be eligible to borrow from the LBP an

amount equal to 85% of the selling price of the land that they have acquired.

3. Continuous processing of applications for the following:

a. Lease back arrangements (must be the last resort);b. Joint-venture agreements; and

c. Other schemes that will optimize the operating size for agricultural production andalso promote both security of tenure and income to farmer beneficiaries.

PARCCOM shall maintain coordination with the DARPO/PCIT and other provincialbodies created pursuant to an effective implementation of the CARP law.

It may also conduct in-depth studies or evaluations, using the technical andadministrative support of the DARPO/PCIT, PARCCOM Secretariat and others concerned.

Composition :PARCCOM is a 13-member committee composed of the following:

1. ChairpersonChairman. The Chairman is appointed by the President upon the recommendation of

the Executive Committee. He is the presiding officer and may call, on his initiative or wheneverexpedient, a meeting to confer with the council on matters involving agrarian policyformulation on provincial levels. He shall serve for a term of 3 years subject to the discretion of

the President. In the same manner, the Chief Executive may opt to reappoint him at theexpiration of his term of office.

2. Ex Officio MembersProvincial Agrarian Reform Officer (PARO). The PARO acts as the action officer. Also

known as the Executive Officer of the Council, he brings to the attention of PARCCOM matters

that is deemed necessary for PARCCOM information, action or resolution. Furthermore, PAROrenders periodic reports to the PARCCOM, the Regional Director and the DAR Secretary. Hewill also provide the PARCCOM, with the necessary secretariat support and supervise thesame. Members of the PARCCOM with staff complement shall be enjoined to assist in

providing personnel support to the secretariat. Finally, he may act as Acting Chairpersonshould there be a vacancy in the position of Chairperson.

One representative from each of the following: Department of Agriculture (ProvincialAgriculture Officer); Department of Environment and National Resources (ProvincialEnvironment and Natural Resources Officer); and Land Bank of the Philippines.


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3. Elected MembersThere shall be one representative each from existing farmers organization; agricultural

cooperatives; and non-governmental organization in the province.There shall be two representatives from landowners, at least one of whom shall be a producer

representing the principal crop of the province.There shall be two representatives from farmer and farmworker or beneficiaries, at least

one of whom shall be a farmer or farmworker representing the principal crop of the province.

In areas where present, there shall be one representative from cultural communities.The ex officio members and elective members shall perform all official functions of the

PARCCOM and actively participate in its deliberations, articulating their official position of theirrespective agency or sector on the CARP development issues at hand to provide thePARCCOM with the most significant insights but never for purely parochial and/or partisan

purposes.They shall represent the PARCCOM and its officially agreed upon views/decisions onCARP/development matters to their respective agency/sector such that those concerned willunderstand the facts and insights involved, thereby facilitating positive and favorable actions

to the Program. They each shall have a term of shall serve for a term of three years andmaybe re-elected for another term of three years.

What is a joint economic enterprise?Agrarian Reform means not just the redistribution of lands to farmers, but includes thetotality of factors and support services designed to lift the economic status of thebeneficiaries. To ensure adequate support services, there is a need for greater private sector

participation, both civil society and business, in the development of agrarian reform areas. Thisshall be facilitated through agribusiness partnerships or arrangements, otherwise known as

Joint Economic Enterprises, between beneficiaries and investors.Joint Economic Enterprises generally refer to partnerships or arrangements between

beneficiaries and investors to implement an agribusiness enterprise in agrarian reform areas. It

shall involve distributed lands and shall be at the option of the beneficiary. Their availability,however, does not mean government will cease to provide agrarian support services. These

are merely alternatives that beneficiaries may consider to sustain the operations of distributedfarms, or to make their lands productive, thus enable them to enjoy the full benefits of agrarianreform. Beneficiaries shall have full freedom to engage in a joint economic enterprise with

investors of their own choice.

Limitation :1. In Commercial Farms: the former landowner or operator shall be given priority;22. The beneficiaries remain as owners of the land. Only the use of the land may be conveyed

where necessary to the enterprise; and3. Period/term:

a. The parties will agree on the period; andb. And cause the annotation of the agreement on the titles of the properties

(Emancipation Patent/ CLOA).

Legal Bases:1. Sections 4 and 5, Article XIII, of the 1987 Constitution; and2. Sections 35 and 44 of R.A. No. 6657, as amended by R.A. No. 7905.

General Features Or Purposes:1. Production, processing and marketing of agricultural products;


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2. Introduction, maintenance, rehabilitation or upgrading of agricultural capital assets,infrastructure, facilities or services; and

3. Provision of expertise, technology, equipment and other services that will make distributivelands productive.

Forms Of Joint Economic Enterprise

1. Joint Venture

Beneficiaries Investor

Contribute1. Use of the land held individually or in

common

2. Facilities

3. Improvements (if any)

Furnishes

1. Capital2. Technology for:

a. Production, processing and marketingof agricultural goods or

b. Construction, rehabilitation, upgrading

and operation of agricultural capitalassets, infrastructure and facilities

Joint ventures seek to implement agricultural-related projects and activities overdistributed lands. It has a personality separate and distinct from that of the contracting partiesin accordance with the Corporation Code of the Philippines. Joint ventures shall acquire

merely usufructuary rights over the land for an agreed period, subject to the limitations underArticle 605 of the Civil Code of the Philippines and subject to the condition that it shall

preserve the form and substance thereof.The ownership of the land remains with the beneficiary. It cannot be used to settle

obligations of the joint venture corporations (JVCs) in the event of insolvency or bankruptcy.

JVCs shall pay the taxes due on the improvements while the agrarian reform beneficiaries

(ARBs) shall pay the taxes due on the land.The equity participation of beneficiaries shall be based on the value of the use of the

land, its improvements and facilities, and other applicable factors consistent with standardvaluation practices.

The following are its limitations: (a) equivalent to the lease rental as determined inaccordance with existing laws; (b) shall not be less than the total amount due from the ARBsas payment for the land and its improvements; and (c) shall not be subject to dilution in case

of additional issuance by the JVC shares of their capital stock to reduce their voting rights.JVCs have voting shares, unless the beneficiaries prefer otherwise. The increases in the

fair market value of the use of the land, improvements and facilities may result incorresponding increase in equity, which is determined by equity review mechanisms.

Joint ventures are managed jointly by investors and ARBs. ARBs shall be given fixed

number of seats in its board of directors corresponding to their equity interest. ARBs may begiven additional seats, if agreed upon by the parties.3

The agreement shall provide for the procedures, terms, and conditions for equitydivestment by the investor in favor of the beneficiaries.


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2. Production, Processing and Marketing agreement:Beneficiaries Investor

Engage in production and processing of

agricultural cropsBuys the crops pursuant to a pre-agreed

selling price and takes charge of themarketing

Makes available the technology prescribedfor the production and processing of

agricultural goods according to the qualitystandards set by the market

Any loss resulting to the arbitrary adjustments in the quality standards:General Rule: shall be borne by the investor

Exception: If the ARBs area. Informed, at the earliest opportunity, of the adjustmentsb. Provided with reasonable means to cope therewith.

3. Build-operate-transfer scheme:Beneficiaries Investor

Receives reasonable rent for the use of the

land where the facilities and improvementsare located

Builds or rehabilitates facilities and

improvements necessary to make the landsproductive

Directly operates the same for a specificperiod

The facilities and improvements shall be constructed at the investors own expense.Investor shall not be allowed to access government funds that would otherwise be available

as financing or capital for beneficiaries. Beneficiaries may continue to engage in productionactivities on the portions of the land not affected by the facilities and improvements.

This scheme is separate and distinct from the BOT provided under R.A. No. 6957.

4. Management contract:Beneficiaries Contractor

Hire the services of a contractor Hired to Manage and operate the farm forpurposes of producing high value cops/ other

agricultural crops for export

Management contractor receives a fixed

compensation, commission or other forms ofremuneration for his services

The farm under this scheme remains under the control of ARBs.

5. Service contract:

Beneficiaries Service ContractorsEngages the services of a contractor Provides services for

-harvest facilities for storage andpacking

Remain to be in control and in possession of

the land


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The service contractors may include other ARBs with necessary equipment and facilities

for mechanized farm operations. Beneficiaries who wish to engage in service contracting butwith limited financial capability may avail of loan facilities or credits.

6. Lease contract:Beneficiaries Lessee/ Investor

Allows/ authorizes the lessee to

For the purpose of agricultural production

Provides capital to

Extend all technical and managementservices for the efficient operation of the farm

Former landowners or other investors may become lessees. Leaseback arrangements,however, should be the last resort.5

In case of loss:General Rule: the lessee/investor assumes the risk of loss of agricultural operations

Exception: If the loss is caused by force majeure, payment of lease rental may be deferred orpaid on instalment basis until such time the lessee covers the losses.

The period of the lease contract shall be subject to stipulations of the parties inaccordance with the law.

The following are the rights of the parties after the termination of the contract:

Beneficiaries Lessee/ InvestorAll buildings, roads, bridges and otherpermanent structures/improvements and

facilities on the land under lease, shall accrueor belong to the ARB

Shall have the option to:1. Remove or

2. Transfer any non-permanent improvementWhen?

agreement

At whose expense?

Limitation:

the land

7. Any combination of the preceding schemes; and

8. Such other schemes that will promote the productivity of agrarian reform areas

consistent with existing laws.


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Composition:The BARC has regular voting members and ex-officio non-voting members. Regular

members shall be limited to residents of the barangay. On the other hand, the ex-officiomembers shall comprise representatives of government agencies and the barangay council.

The BARC shall be composed of 11 members, as follows:1. A representative of the barangay council;

2. The Department of Agriculture official assigned in the barangay;

3. The DENR official assigned in the area;4. The DAR Agrarian Reform Technologist assigned in the area;

5. A representative of the Land Bank of the Philippines (LBP);6. A representative of farmer and farmworker beneficiaries;

7. A representative of non-beneficiary farmers and farmworkers;8. A representative of the local agricultural cooperative;9. A representative of other farmer or farmworker organizations;

10.A representative of Non-Government Organizations; and11.A representative of the landowners group.

The members specified above from (1) to (5) shall be designated by their respective

offices, while those from (6) to (11) shall be elected respectively, in a meeting called for thispurpose by the Municipal Agrarian Reform Officer (MARO), from among and by therepresentatives of each sector. An equal number of alternate representatives shall be electedat the same meeting.

If any elective member mentioned under (6) to (11) in the list of BARC members is unableto serve in the committee for some reasons, an alternate member shall serve the remaining

tenure of the original member.There should be an executive committee composed of the BARC chairman, DAR

representative and two members chosen by the chairman.

Election Process:The MARO shall prepare a voters' list for the following sectoral groups in every barangay:1. Farmer and farmworker beneficiaries;

2. Farmer and farmworker non-beneficiaries;3. Agricultural cooperatives;4. Other farmers' organizations;

5. Non-Government Organizations; and6. Landowners

The list shall be posted in the barangay hall and other conspicuous places for a period of10 days prior to the scheduled elections.

The election by sectoral group shall be held separately. Each election shall be supervisedby the Agrarian Reform Technologist who shall likewise certify to the election results. Election

shall be done by secret balloting.

Tenure Of Office:The elected BARC members shall hold office for two (2) years.

Responsibilities:1. The BARC may create such committee/s as may be necessary to assist in the exercise

of its functions;


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2. A BARC member shall withdraw from the meeting when any matter concerning hisperson is under discussion. He shall be replaced by his alternate representative;

3. The BARC shall operate on a self-help and free-service basis;4. Any elected BARC member who fails to fulfill his duties may be removed by a majority

vote of the members. He shall be replaced by the alternate sectoral representative;5. The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged

before it within 30 days from its taking cognizance thereof. If after the lapse of the thirty

day period it is unable to settle the dispute, it shall issue a certification of theproceedings and shall furnish a copy thereof upon the parties within seven days after

the expiration of the thirty day period;6. All decision of the BARC shall be final and executory unless appealed to the PARO,

within 10 days from receipt of decision, by any party aggrieved thereof. The PARO, in

turn, shall render his decision on the appeal within 15 days from receipt of the recordsof the case; and

7. The BARC shall have its seat at a suitable place in the barangay hall or any other

suitable place.

Sec. 47 THE FUNCTIONS OF THE BARC

The BARC shall have the following functions:1. Mediate and conciliate between parties involved in an agrarian dispute including

matters related to tenurial and financial arrangements;2. Assist in the identification of qualified beneficiaries and landowners within the

barangay;3. Attest to the accuracy of the initial parcellary mapping of the beneficiarys tillage;

4. Assist qualified beneficiaries in obtaining credit from lending institutions;5. Assist in the initial determination of the value of the land;6. Assist the DAR representatives in the preparation of periodic reports on the CARP

implementation for submission to the DAR;

7. Coordinate the delivery of support services to beneficiaries; and8. Perform such other functions as may be assigned by the DAR.

The abovementioned functions shall be in addition to the functions of the BARC under E.O.

229.The BARC shall endeavour to mediate, conciliate, and settle agrarian disputes lodged

before it within 30 days from its taking cognizance thereof. If after the lapse of the 30-dayperiod, it is unable to settle the dispute, it shall issue a certificate of its proceedings and shallfurnish a copy thereof upon the parties within seven days after the expiration of the 30-day

period.

Sec. 48 LEGAL ASSISTANCEThe BARC or any member thereof may, whenever necessary in the exercise of any of its

functions, seek the legal assistance of the DAR and the provincial, city, or municipal

government.


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Sec. 49 POWER TO ISSUE RULES AND REGULATIONS

The PARC and the DAR shall have the power to issue rules and regulations, whether

substantive or procedural, to carry out the objects and purposes of this Act. Said rules shalltake effect 10 days after publication in two national newspaper of general circulation.

Chapter 12: ADMINISTRATIVE ADJUDICATION

Sec. 50 QUASI-JUDICIAL POWERS OF THE DAR

Section 50 of R.A. 6657 provides that DAR is hereby vested with primary jurisdiction todetermine and adjudicate agrarian reform matters and shall have exclusive origina

jurisdiction over all matters involving the implementation of agrarian reform except those

under the jurisdiction of Dept. of Agriculture and DENR.

Quasi-Judicial Powers of DAR and its exclusive jurisdiction:

Decisions of DAR shall be immediately executory notwithstanding an appeal to theCourt of Appeals, except a decision or a portion thereof involving solely the issue of just

compensation;ARBs or identified beneficiaries can intervene concerning their individual rights or

interests under CARL.

Non registration with the SEC of associations of ARBs or identified beneficiaries not abar to the existence of said legal standing and interest.

Except for the Supreme Court, no other courts in the Philippines can issue any restrainingorder or writ of injunction against PARC, the DAR or any of its authorized representatives

No court or prosecutors office shall take cognizance of cases pertaining to theimplementation of the CARP except those provided under section 57 of RA 6657.

Automatic referral by judges and prosecutors to the DAR of cases where the parties

have allegations that the dispute is agrarian in nature and one of the parties is afarmer/worker or tenant. The DAR has to certify within 15 days whether or not anagrarian dispute exists.

Aggrieved party shall have judicial recourse, in cases referred by the MTC andprosecutors office, with the proper regional trial court, and in cases referred by the RTC

to the CA

Extent of Jurisdiction:

DAR has exclusive and original jurisdiction over all matters involving agrarian implementationsof agrarian reform laws.

Exceptions:-Those falling under the exclusive and original jurisdiction of the DA and DENR

-Petitions for determination of Just Compensation-Prosecution of Criminal offenses under CARL.

What is DARAB and its Purpose:

The Department of Agrarian Reform Adjudication Board or DARAB was constituted fo

adjudication and settlement of Agrarian cases, disputes or controversies and to conductproceedings thereof. Whereby it has to promote just, expeditious, and inexpensive

adjudication.


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Powers of Department of Agrarian Reform Adjudication Board:

The DARAB new Rules on Procedure 2009Section 6 provides that the Members of the

Board and the Adjudicators are empowered to summon witnesses, administer oaths, taketestimony, require submission of reports, compel production of books and documents and

answers to interrogatories, and to issue subpoena ducestecum, writs of possession, writs ofexecution, and other writs to enforce its orders and decisions through their Sheriffs or dulydeputized officers.

For this purpose, whenever necessary, they shall direct the Philippine National Police,the Armed Forces of the Philippines or any of their component units, or other law enforcement

agencies to assist in the enforcement and execution of their decisions, orders, writs, and otheprocesses.

Subpoena ducestecum

A subpoena ducestecum (or subpoena for production of evidence) is a court summonsordering the recipient to appear before the court and produce documents or other tangible

evidence for use at a hearing or trial.

Jurisdiction of Department of Agrarian Reform Adjudication Board:

The DAR adjudication Board has primary and exclusive jurisdiction, both original andappellate, to determine and adjudicate all agrarian disputes involving the implementation of

agrarian laws as well as the implementing rules and regulation.

Agrarian Dispute Defined:

Section 3(d) of Republic Act No. 6657 provides that Agrarian Dispute refers to anycontroversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or

otherwise, over lands devoted to agriculture, including disputes concerning farmworkersassociations or representation of persons in negotiating, fixing, maintaining, changing or

seeking to arrange terms or conditions of such tenurial arrangements.It includes any controversy relating to compensation of lands acquired under this Act andother terms and conditions of transfer of ownership from landowners to farmworkers, tenants

and other agrarian reform beneficiaries, whether the disputants stand in the proximate relationof farm operator and beneficiary, landowner and tenant, or lessor and lessee.

How to establish Agrarian Dispute:

In order that DARAB may entertain a case, Agricultural tenancy or leasehold

relationship must be shown to exist.Because cases involving an agricultural lands does notautomatically make such case an agrarian dispute which upon the DARAB has jurisdiction.The law states that it should be Controversy relating to tenurial agreement over lands

devoted for agricultural use

There are elements that should be taking into consideration:

The parties are the landowner and the tenant; The subject matter is agricultural land;

There is consent between the parties;

The purpose is agricultural production;

There is personal cultivation by the tenant;

There is sharing of the harvests between the parties.The presence of all of these elements must be proved by substantial evidence.


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DARABs jurisdiction extending over but not limited to the following:

The rights and obligations of persons, whether natural or juridical, engaged in the

management, cultivation, and use of all agricultural lands covered by R.A. No. 6657otherwise known as the Comprehensive Agrarian Reform Law (CARL), as amended

and other related agrarian laws;

The preliminary administrative determination of reasonable and just compensation oflands acquired under Presidential Decree (PD) No. 27 and the Comprehensive Agrarian

Reform Program (CARP); Those cases involving the ejectment and dispossession of tenants and/or leaseholders;

Those cases involving the sale, alienation, pre-emption, and redemption of agriculturalands under the coverage of the CARL, as amended or other agrarian laws;

Those involving the correction, partition, secondary and subsequent issuances such as

reissuance of lost/destroyed owners duplicate copy and reconstitution of Certificatesof Land Ownership Award (CLOAs) and Emancipation Patents (EPs) which areregistered with the Land Registration Authority;

Those cases involving the review of leasehold rentals and fixing of disturbancecompensation;

Those cases involving the collection of amortization payments, foreclosure and simila

disputes concerning the functions of the LBP, and paymentsfor lands awarded underPD No. 27, RA No. 3844, as amended, and R.A. No. 6657, as amended by R.A. No. 9700

and other related laws, decrees, orders, instructions, rules, and regulations, as well aspayment for residential, commercial, and industrial lots within the settlement and

resettlement areas under the administration and disposition of the DAR;

Those cases involving boundary disputes over lands under the administration anddisposition of the DAR and the LBP, which are transferred, distributed, and/or sold to

tenant-beneficiaries and are covered by deeds of sale, patents, and certificates of title

Those cases previously falling under the original and exclusive jurisdiction of the defunct

Court of Agrarian Relations under Section 12 of PD No. 946 except those cases fallingunder the proper courts or other quasi-judicial bodies; and

Those cases involving the annulment or rescission of lease contracts or deeds of sale o

their amendments involving lands under the administration and disposition of the DARor Land Bank of the Philippines (LBP), and the amendment of titles pertaining toagricultural lands under the administration and disposition of the DAR and LBP; as wel

as EPs issued under PD 266, Homestead Patents, Free Patents, and miscellaneous salespatents to settlers in settlement and re-settlement areas under the administration and

disposition of the DAR;

Such other agrarian cases, disputes, matters or concerns referred to it by the Secretaryof the DAR.

Distinguish DAR offices from DARAB:

A DAR office concerns the implementation of agrarian reform laws while

DARAB/RARAD/PARAD is the adjudication of agrarian reform cases.

Rule II of DARAB new rules and Procedure 2009:

SECTION 5 provides that the RARAD shall be the Executive Adjudicator in his Region

directly responsible to the Board. As such, he shall:1. Exercise administrative supervision over the PARADs and, in the absence of the

PARAD concerned, their personnel, which shall include, among others, the

monitoring of cases in his Region;2. Receive, hear, and adjudicate agrarian disputes and land cases within the Region;

3. He shall also hear the following cases:


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a. Those cases that cannot be handled by the PARAD on account of inhibition,disqualification or when there is no PARAD designated in the locality;

b. Those matters of such complexity and sensitivity that the decision thereof wouldconstitute an important precedent affecting regional interest as may be

recommended by the concerned RARAD and approved by the Board; andc. Preliminary determination of just compensation within the jurisdictional limits as

stated in Rule XIX, Sec. 2 hereof; and

d. Hear application for the issuance of a writ of preliminary injunction and/otemporary restraining order and such other cases which the Board may assign.

May the DARAB issue a Warrant of Arrest?

To enforce such contempt order, DARAB can issue warrant of arrest.

RULE XVIII (Rules of Procedure 2009)

Direct and Indirect Contempt

SECTION 1. Direct Contempt. The Board or any of its Members or Adjudicator maysummarily pass judgment on acts of direct contempt committed in the presence of, or so near

the Chairman or any Member of the Board or its Adjudicator, as to obstruct or interrupt the

proceedings before the same, including disrespect towards the Members of the Board or itsAdjudicator, offensive behavior towards others, or refusal to be sworn or to answer as a

witness, or to subscribe to an affidavit or deposition when lawfully required to do so. If theoffense is committed against the Board or any of its Members or its Adjudicator, the same shal

be punished by a fine not exceeding One Thousand Pesos (P1,000.00), or imprisonment of notexceeding ten (10) days or both.The judgment of the Board or any of its Members or Adjudicator on direct contempt is

immediately executory and not appealable.SECTION 2.Indirect Contempt.The Board or any of its Members or its Adjudicator may also

cite and punish any person for indirect contempt in accordance with Section 50 of R.A. No.6657 as amended by R.A. No. 9700.Proceedings for indirect contempt may be initiated motuproprio by the board or adjudicator

against which the contempt was committed by order or any other formal charge requiring therespondent to show cause why he should not be punished for contempt.In all other cases, charges for indirect contempt shall be commenced by a verified petition

with supporting particulars and certified true copies of documents or papers involved thereinand upon full compliance with the requirements for filing initiatory pleadings in the board or

adjudicator concerned. If the contempt charges arise out of or are related to a principaaction pending before the Board or Adjudicator, the petition for contempt shall allege thatfact but said petition shall be docketed, heard and decided separately.

SECTION 3. Appeal from Indirect Contempt. Any person adjudged guilty of indirectcontempt by the Adjudicator, may, within a period of five (5) days from notice of the

judgment, appeal the same to the Board, and the execution of said judgment shall be

suspended pending the resolution of the appeal upon the filing by the said person of a bondon condition that he will abide by, and perform the judgment should the appeal be decided

against him.

Nature of Proceedings?

Proceedings before the board (DARAB) and its adjudicators PARAD/RARAD shall benon-litigious in nature. Subject to the essential requirements of due process, the technicalities

of law and procedure and the rules governing the admissibility and sufficiency of evidence inthe courts of law shall not strictly apply. The decisions made of the board or its adjudicators

may be brought to the courts of appeals in accordance with rules of court


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The Constitutionality of the Department Agrarian Reform Adjudication Board

The DARAB, as the entity under the Department of Agrarian Reform having exclusiveand original jurisdiction of cases involving agrarian disputes, must of course conform to the

express edicts of the Supreme law of the land. However, upon chancing on various commentsand theories of legal luminaries of the Philippines, they concluded that the DARAB suffers fromvarious legal defects that proves to be fatal in providing due process to the tenants and land

tillers, which is supposed to be the very doctrine that the DARAB must uphold.Of course, this report does not prove the law to be invalid since there is no Supreme

Court decision yet deciding the matter. It only helps us students of law to understand thevarious points on the law creating the DARAB and the powers conferred to the DAR itself withits conflicts to the constitution. It is of course to be disclaimed that no matter how convincing

the findings of some legal writers are in pressing their opinions as to be discussed in this report,the decisions of the DARAB and the laws governing the DARAB is still valid and constitutionalThis report is divided in four main points that shall discuss how the rules and procedure creating

and governing the DARAB is contrary to the provisions of the Constitution.

THE DARAB, ALTHOUGH NOT A COURT EXERCISES JUDICIAL FUNCTIONS NOT MERELY QUAS

JUDICIALIn order to trace the constitutionality of a law, it is indispensible that we trace the various

laws and jurisprudence, as well as rules of procedure affecting the same. We will examinewhich provisions in these laws grant powers to the DAR and the DARAB in adjudicating

agrarian disputes1. Sec. 50 of the RA 6657

The most important provision in this law that pertains to the subject matter at hand

states that:DAR is vested with quasi judicial powers or primary jurisd iction to determine and

adjudicate agrarian reform matters and exclusive original jurisdiction over matters

involving implementation of agrarian reform

It shall not be bound by technical rules of procedure and evidence but shall proceedto hear and decide all cases, disputes or controversies in a most expeditious manner,

employing all reasonable means to ascertain the facts of every case in accordance

with justice and equity and the merits of the case. Toward this end, it shall adopt a

uniform rule of procedure to achieve a just, expeditious and inexpensive determination

for every action or proceeding before it.

It shall have the power to summon witnesses, administer oaths, take testimony, require

submission of reports, compel the production of books and documents and answers to

interrogatories and issue subpoena, and subpoena duces tecum, and enforce its writs

through sheriffs or other duly deputized officers.t shall likewise have the power to punish

direct and indirect contempts in the same manner and subject to the same penaltiesas provided in the Rules of Court.

2. Executive Order 129-A

Sec. 5. Powers and Functions. Pursuant to the mandate the Department, and in order to

ensure the successful implementation of the Comprehensive Agrarian Reform Program,

the department is hereby authorized to:

Resolve agrarian conflicts and Land tenure related problems as may be

provided by law


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Sec. 13.There is hereby created an Agrarian Reform Adjudication Board under the

Office of the Secretary. The Board shall be composed of the Secretary as Chairman,

two (2) Undersecretaries as may be designated by the Secretary, the Assistant

Secretary for Legal Affairs, and three (3) others to be appointed by the President upon

the recommendation of the Secretary as members. A Secretariat shall be constituted to

support the Board. The Board shall assume the powers and functions with respect to the

adjudication of agrarian reform cases under Executive Order No. 229 and this Executive

Order. These powers and functions may be delegated to the regional offices of theDepartment in accordance with rules and regulations to be promulgated by the Board.

3. Rules of Procedure of the DARAB

Under the Rules of Procedure of DARAB, the most important provision for our discussion

is:Sec 1. Primary and Exclusive jurisdiction of the Board and its Adjudicators

Determine and Adjudicate the rights and obligations of persons, engaged in the

management and cultivation of all agricultural lands

On the other hand, we should also examine the provisions of the constitution that is

being defied by the laws and procedure of the DARAB.1. Article VIII section 1 of the Constitution confers judicial power upon the courts.\

Sec. 1. The judicial power shall be vested in one Supreme Court and in such lowercourts as may be established by law

Sec. 6. The Supreme Court shall have administrative supervision over all the courts andpersonnel thereof.

2. The Doctrine of Separation of PowersThe Doctrine of separation of powers which is guaranteed in various provisions of the

constitution states that there shall be three co-equal branches of the government andshall provide checks and balances of the powers and functions of each so that no onebranch shall exercise its function with abuse of discretion and arbitrarily.

Moreover, the doctrine also states that no one branch shall usurp in the powers andfunction of the other

Now therefore, having discussed the important provisions on the law creating and rulesof procedure governing the DARAB and the important provisions of the Constitution, we now

come to the first point of this paper; That the DARAB, although not a court, performs judiciaand not merely quasi judicial functions.

Under the discussion of Isagani Cruz, on his book Philippine Political Law (1991), the

DARAB is not under the administrative supervision of the Supreme Court, the Constitution onlymentions that a court is one under the Supreme Court and the courts mentioned in the

Judiciary Reorganization Act. Therefore being not a court, under the constitution, it cannot be

vested with judicial power. Therefore, the laws previously mentioned are therefore void underArticle 7 of the Civil Code that mandates that every law contrary to the Constitution is void

and of no effect. It follows that the DARAB does not exist under the contemplation of law andthus cannot exercise jurisdiction.

However, it may be asked if whether or not the DARAB really exercise judicial power?The question is answered in a decision of the Supreme Court that indeed the DARAB exercises

judicial power and not merely quasi judicial as it claims. However, in order to ascertain that it

indeed exercises judicial power, we must first trace the laws that conferred quasi judiciapowers to the DAR and the DARAB. According to Quismundo vs CA, Executiove Order 229

which is the law providing for the mechanisms and implementation of the CARP vests in the


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DAR quasi judicial powers to determine and adjudicate agrarian reform matters. It also has thepwer of contempt and the cases are appealable to the RTC. This provision of law should be

taken to have repealed PD 946 which grants the Court of Agrarian relations under the RTCexclusive and original jurisdiction over rights and obligations in relation to agrarian reform

matters. We can see therefore that there was only transfer of the judicial power granted to theRTC to the DARAB under the EO 229 and eventually EO 129-A which created the DARABUnder the Constitution, Judicial power includes the duty of the courts of justice to settle

actual controversies involving rights which are legally demandable and enforceable. We cantherefore trace that it is the judicial power from the RTC which is transferred to the DARAB. Thus

the transfer vested by the legislature to a non-court is a clear violation of the Separation of

Powers which is granted by the Constitution

The Dar Secretary Is A Judge And A Litigant At The Same TimeAnother issue that will be discussed in this report is that the Department Secretary of the

DAR is counsel for the tenant through the Bureau of Agrarian Legal Assistance and a judgethrough the DARAB in a case filed before it. Is this permissible?

Under execution order 129, the shall be created a Bureau of Legal Assistance which

shall represent the agrarian reform beneficiaries and his dependents over criminal, civil and

administrative cases over all matters involving agrarian dispute. This is of course under thecontrol and supervision of the DAR secretary. And also under the same law, there shall also becreated the DAR adjudication board which shall adjudicate the same case. The DARAB is alsoheaded by the DAR secretary as the chairman of the Board. Therefore, is it permissible for the

DAR secretary to be the judge and a litigant at the same time?Various doctrines of various cases answered in the negative.Nemo potest esse simul actor et judge. No man can be at once a litigant and a judge

(Corona vs CA)One cannot be a prosecutor and a judge at the same time ( Cojuangco jr. vs PCGG)

No man can be plaintiff or prosecutor in any action and at the same time sit in

judgment to decide that particular case (30 am jur 67)

It has been said in fact that due process of law requires a hearing before an impartiaand a disinterested tribunal, and that every litigant is entitled to nothing less than the coldneutrality of an impartial judge. It is therefore a denial of due process for the DAR secretary to

sit as judge and represent the plaintiff at the same time.

The Darab Cannot Claim Judicial Independence Necessary In The Exercise Of Judicial

FunctionIn the book of Fernando, The Constitution, he said that in the discharge of judicia

function, there is a vital need for judicial independence. No judge worthy of the name candispense of mete out justice with an impartial eye and an even hand unless he can decide

the case or controversy before him on the merits alone. It is clear in the discussion that theDARAB gets the final approval of the DAR secretary in every case, which is the alter ego of the

president. How can therefore the DARAB claim independence if the whims of the Presidentand the current political landscape affect every decision? The independence of the courthus entails an independence from the executive and the legislature, and since the DARAB is

impartial, then again it is acting without jurisdiction and without due process of law which asdiscussed is guaranteed by the constitution.

It is also asserted that what the DARAB exercises is merely quasi judicial and not judiciapowers so as to justify its acts of submission to the will of the DAR secretary in promulgating itsdecisions. According to the thesis of Tanada and Carreon, purely judicial powers cannot be

exercised by an administrative agency. And also according to the decision of the Supreme


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Court in the case of Ruperto vs Torres, judicial power is the power which adjudicates upon andprotects the rights and interest of the individual citizens, and to that end construes and applies

the law. Therefore, viewed from these definitions and the powers and functions of the DAR asalready discussed, the DARAB is not primarily a regulatory body nor does it perform some

administrative function. The primary object of the board therefore is to resolve the legal rightsand disputes between the parties. It cannot be therefore be vested with judicial powers as anadministrative agency since this power properly is maintained by the courts.

The Doctrine of Primary JurisdictionAs explained in the case of Villaflor v. Court of Appeals

The doctrine of primary jurisdiction means that courts cannot and will not resolve a

controversy involving questions which is within the jurisdiction of an administrativetribunal especially where the question demands exercise of sound administrative

discretion requiring special knowledge, experience and services of administrative

tribunal to determine technical and intricate matters of fact. This doctrine has become applicable as the jurispridential trend in cases involving

matters which demand the special competence of administrative agencies even if thequestion is one of judicial character.

It is applicable if the claim is originally cognizable in courts and comes into play whenenforcement of such claim will require the resolution of issues which have been placed withinthe special competence of an administrative body Judicial process suspended pending

referral of issues to an administrative body for review.Where doctrine of primary jurisdiction is clearly applicable, court cannot arrogate unto

itself the authority to resolve a controversy, the jurisdiction of which is lodged with an

administrative body of special competence.Issues preclude prior judicial determination andit mandates that the courts step aside even if appears that they possess statutory power to

proceed.

Can a Party Ignore the Primary Jurisdiction Doctrine?

General Rule is administrative remedies must be exhaustedException (as per Jaime C. Lopez v. City of Manila):

1. Question raised is purely legal2. Administrative body is in estoppel3. Act being complained of is patently illegal

4. Urgent need for judicial intervention5. Claim involved is small6. When irreparable damage will be suffered

7. When there is no other plain, speedy and adequate remedy8. Strong public interest is involved

9. The subject of controversy is private land10.If its a quo warranto proceeding

DARAB has no jurisdiction in taking cognizance of an original action and issue a status quo

order thereto. (DARAB v. Court of Appeals)

It is the DAR which is vested with primary jurisdiction to rule on agrarian reform mattersand exclusive original jurisdiction over matters involving the implementation of agrarian

reform except those falling under the Department of Agriculture and the Departmentof Environment and Natural Resources. Furthermore, trial courts designated SpeciaAgrarian Courts are vested original and exclusive jurisdiction over all petitions for the

determination just compensation and prosecution of all criminal offenses under the Act


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DARABs jurisdiction under Sec. 50 of the CARP Act extends to cases that are mere offshoots of

the case originally decided by DARAB. (Centeno v. Centeno)

1. As according to Sec. 1 Rule II of the Revised Rules of Procedure

The Agrarian Reform Adjudication Board shall have primary jurisdiction, both originaand appellate, to determine and adjudicate all agrarian disputes, cases andcontroversies and matters and incidents involving the implementation of the

Comprehensive Agrarian Reform Program under RA 6657 EO Nos. 228, 229 and 129-ARA 3844 as amended RA 6389, PD 27 and other agrarian laws and their implementing

rules and regulations.

Under these provisions, jurisdiction also covers cases involving issuance of Certificate o

Land Titles, Certificate of Land Ownership Award, and Emancipation Patents and theadministrative correction thereof.

Also, petitioners are estopped from raising the issue of DARABs jurisdiction and they wilbe deemed to have participated in all stages of the instant case, setting up a

counterclaim and asking for affirmative relief in their answer.

Participation by certain parties in the administrative proceedings without raising

objections, bar them from any jurisdictional infirmity after an adverse claim is renderedagainst them.

DARAB has no jurisdiction where the issue is the ownership of land. (Morta v. Occidental)DARAB jurisdiction does not extend to all disputes over agricultural land

Exception:

Controversy is not one which is related to tenurial agreements evern if the land is

agricultural land. (Isidro v. CA)An agricultural leasehold relationship should be shown to exist in order that DARAB mayentertain a case.

Requisites of Agricultural Leasehold Relationship

Parties are the landowner and tenant

Subject is agricultural land

There is consent

Purpose is agricultural production

Personal cultivation of the tenant

Sharing of harvests between parties.

Jurisdiction of DARAB

AGRICULTURAL TENANCY or AGRICULTURAL LEASEHOLD RELATIONSHIP must EXIST

Essential Requisites:1. The parties are the LANDOWNER and the TENANT2. The subject matter is AGRICULTURAL LAND

3. There is CONSENT4. The purpose is AGRICULTURAL PRODUCTION

5. There is PERSONAL CULTIVATION by the tenant6. There is SHARING of harvest between the parties


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Application of the criteria by the Supreme Court

Bejasa vs. Court of AppealsMalabanan and the Bejasas. True, Malabanan (as Candelarias usufructuary) allowed theBejasas to stay on and cultivate the land. However, even if we assume that he had the

authority to give consent to the creation of a tenancy relation, still, no such relation existed

There was no proof that they shared the harvests.Reynaldo Bejasa testified that as consideration for the possession of the land, he agreed to

deliver the landowners share (1/5 of the harvest) to Malabanan.Only Reynaldo Bejasas wordwas presented to prove this. At one time Reynaldo categorically stated that 25% of the harvest

went to him, that 25% was for Malabanan and 50% went to the landowner, Candelaria. Lateron he stated that the landowners share was merely one fifth.In Chico v. Court of Appeals, we faulted private respondents for failing to prove sharing of

harvests since "no receipt, or any other evidence was presented." We added that "Self servingstatements ... are inadequate; proof must be adduced.Candelaria and the Bejasas. Between them, there is no tenancy relationship. Candelaria as

landowner never gave her consent.The Bejasas admit that prior to 1984, they had no contact with Candelaria. They acknowledge

that Candelaria could argue that she did not know of Malabanans arrangement with them

True enough Candelaria disavowed any knowledge that the Bejasas during Malabananslease possessed the land. However, the Bejasas claim that this defect was cured when

Candelaria agreed to lease the land to the Bejasas for P20,000.00 per annum, whenMalabanan died in 1983. We do not agree. In a tenancy agreement, consideration should be

in the form of harvest sharing. Even assuming that Candelaria agreed to lease it out to theBejasas for P20,000 per year, such agreement did not create a tenancy relationship, but amere civil law lease.Dinglasan and the Bejasas. Even assuming that the Dinglasans had the authority as civil lawlessees of the land to bind it in a tenancy agreement, there is no proof that they did.

Again, there was no agreement as to harvest sharing. The only agreement between them isthe "aryenduhan", which states in no uncertain terms the monetary consideration to be paidand the term of the contract.

Heirs of the late Herman Ray Santos vs. Court of Appealsthe DARAB has jurisdiction only over agrarian disputesIncludes any controversy relating to compensation of lands acquired under this Act and othe

terms and conditions of transfer of ownership from landowners to farmworkers, tenants andother agrarian reform beneficiaries, whether the disputants stand in the proximate relation of

farm operator and beneficiary, landowner and tenant, or lessor and lessee.Morta v. Occidental, et al.,

For DARAB to have jurisdiction over a case, there must exist a tenancy relationship between

the parties.

1) that the parties are the landowner and the tenant or agricultural lessee;

2)that the subject matter of the relationship is an agricultural land;

3)that there is consent between the parties to the relationship;4)that the purpose of the relationship is to bring about agricultural production;

5)that there is personal cultivation on the part of the tenant or agricultural lessee; and6)that the harvest is shared between the landowner and the tenant or agricultural lessee.

Vda. de Tangub vs. Court of AppealsLimitations of the jurisdiction of DARAB:1. Adjudication of all matters involving implementation of agrarian reform

2. Resolution of agrarian conflicts and land tenure related problems3. Approval and disapproval of the conversion, restructuring or readjustment of agricultura

lands into residential, commercial, industrial, and other non-agricultural uses.


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4. Tenant- farmer who is installed by the LEGAL POSSESSOR may entitled to security of tenureeven without the consent of the owner.

5. as long as the legal possessor of the land constitutes a person as a tenant-farmer byvirtue of an express or implied lease, such an act is binding on the owner of the property

even if he himself may not have given consent to such an agreement.

Agrarian Disputes

- Refers to any controversy relating to tenurial arrangements, whether leasehold

tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes

concerning farmworkers associations or representation of persons in negotiating, fixingmaintaining, changing or seeking to arrange terms or conditions of such tenuriaarrangements. (sec. 3(d) of CARP LAW)

- Only DE JURE TENANT may invoke the right of security of tenure.

Agricultural lessees right of redemption

Mallari vs. Court of Appeals1stissue: Private respondents have no cause of actionSection 12 of R.A. No. 3844, provides:

Lessee's Right of Redemption. In case the landholding is sold to a third person without theknowledge of the agricultural lessee, the latter shall have the right to redeem the same at a

reasonable price and consideration: ... The right of redemption under this Section may beexercised within two years from the registration of the sale and shall have priority over any

other right of legal redemption.Amended by R.A. No. 6389, otherwise known as the Code of Agrarian Reforms of thePhilippines, and reads, thus:

Lessee's Right of Redemption: In case the land-holding is sold to a third person without theknowledge of the agricultural lessee, the latter shall have the right to redeem the same at a

reasonable price and consideration: ... The right of redemption under this Section may beexercised within one hundred eighty days from notice in writing which shall be served by thevendee on all lessees affected and the Department Ashville of Agrarian Reform upon the

registration of the sale.Petitioners contention:since the deed of conditional sale in their favor has not yet been registered, no redemption

proceedings can yet be instituted against them under Republic Act No. 3844, as amended

hence, private respondents have no cause of action against them. On the other hand, if the

right of redemption by the tenants under the said law is to be reckoned from the registration of

the sale of the land, such right of redemption has already lapsed , since the PNB, as vendee othe land in a foreclosure sale, had been issued a certificate of sale on March 17, 1978 and

subsequently was issued T.C.T. No. 154516-R upon failure of the mortgagors to redeem theproperty within the one-year period as required by law.

According to the SC: Contention is without merit

If the tenants had right to redeem the property under the law upon the sale of theproperty to the PNB since 1978, such right has not yet prescribed because no notice in

writing of the sale was ever given by the vendee upon the tenant as agricultural lessees

of the land, as required by law.

Republic Act No. 3844, as amended, prescribes the period within which the right ofredemption must be exercised by the agricultural lessees, which is one hundred eightydays from written notice from the vendee of the property upon registration of the sale.

But certainly there is nothing in the law which provides that without such written noticethe agricultural lessees can not exercise their right of redemption.


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2nd issue: Private respondents did not make any valid tender of payment oconsignation of the redemption price

It is not necessary for the lessee to make a tender of payment and/or consignation othe amount of the redemption price, a certification issued by the Land Bank of the

Philippines that it will finance the redemption of the property in question is sufficient.

Section 11 of R.A. No. 3844, as amended, is a provision on the lessee's right of pre-emption and provides that:

"... If the agricultural lessee agrees with the terms and condition of the sale ... [he]must either tender payment of, or present a certificate from the Land Bank that it shall

make payment ... on the price of the landholding to the agricultural lessor. If the latterefuses to accept such tender or presentment, he may consign it with the court ... "

The lessee-preemptioner and the lessee-redemptioner have the same rights and are in

the same footing and category insofar as the availment of the facilities of the LandBank and the Ministry of Agrarian Reform are concerned. Moreover, it is explicitlyprovided in Section 12 that "the Department of Agrarian Reform shall initiate while the

Land Bank shall finance, said redemption as in the case of pre-emption." Hence, it is notnecessary for tenants- redemptioners to make a tender and/or consignation of the

redemption price. A certification of the Land Bank to finance the redemption when

presented will suffice. As observed by the appellate court:

... Unlike the agricultural lessee whose financial capacity to pay the redemption pricemay be doubtful so that in case of direct payment of the redemption price by him to

the owner of the land, he is obligated to make an actual tender of the reasonableprice of the land, the Land Bank is a solvent government agency which is mandated tofinance acquisition of farm lots. Its obligations are unconditional guaranteed by the

government (Sec. 76, R.A. 3844).SEC. 50-A.Exclusive Jurisdiction on Agrarian Dispute. - No court or prosecutor's office shall take

cognizance of cases pertaining to the implementation of the CARP except those providedunder Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any ofthe parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, o

tenant, the case shall be automatically referred by the judge or the prosecutor to the DARwhich shall determine and certify within fifteen (15) days from referral whether an agrariandispute exists:

Provided, That from the determination of the DAR, an aggrieved party shall have judiciarecourse.

In cases referred by the municipal trial court and the prosecutor's office, the appeashall be with the proper regional trial court, and in cases referred by the regional trial court,the appeal shall be to the Court of Appeals.

In cases where regular courts or quasi-judicial bodies have competent jurisdiction,agrarian reform beneficiaries or identified beneficiaries and/or their associations shall have

legal standing and interest to intervene concerning their individual or collective rights and/or

interests under theCARP.

The fact of non-registration of such associations with the Securities and ExchangeCommission,

or Cooperative Development Authority or any concerned government agency shall not beused against them to deny the existence of their legal standing and interest in a case filedbefore suchcourts and quasi-judicial bodies.


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Sec. 51 FINALITY OF DETERMINATION

Any case or controversy before it shall be decided within thirty (30) days after it is submitted

for resolution. Only one (1) motion for reconsideration shall be allowed. Any order, ruling ordecision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.

Decided within 30 days after it is submitted for resolution.

1 motion for reconsideration is allowed.

Final after 15 days from receipt of a copy thereof.

Sec. 52 FRIVOLOUS APPEALS

To discourage frivolous or dilatory appeals from the decisions or orders on the local orprovincial levels, the DAR may impose reasonable penalties, including but not limited to finesor censures upon erring parties.

Sec. 53 CERTIFICATION OF THE BARC

The DAR shall not take cognizance of any agrarian dispute or controversy unless acertification from the BARC that the dispute has been submitted to it for mediation andconciliation without any success of settlement is presented: provided, however, that if no

certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to itfor mediation or conciliation the case or dispute may be brought before the PARC.

Chapter 13: JUDICIAL REVIEW

General Rule: an administrative agencys decision may be validly rendered final and

unappealable at the administrative level without allowing the aggrieved party a final resortto the courts of justice Exception: Such decisions may be appealed to the courts of justice if:

The constitution or the law permits it (in this case, 54-62 of RA 6657) Issues to be reviewed involve questions of law (even without legislative permission)

Sec. 54 CERTIORAR

Any decision, order, award or ruling of the DAR on any agrarian dispute or on anymanner pertaining to the application, implementation, or interpretation of this Act and other

pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari exceptas otherwise provided in this Act within 15 days from the receipt of a copy thereof.

The findings of fact of the DAR shall be final and conclusive if based on substantial

evidence.

Substantial Evidence Such relevant evidence as a reasonable mind might accept as adequate to support a

conclusion and its absence is not shown by stressing that there is contrary evidence on

record, direct or circumstantial Evidence which afford a substantial basis from which the fact in issue can be reasonably

inferred


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Doctrine of Exhaustion of Administrative Remedies (DEAR) An administrative decision must first be appealed to the administrative superiors up to the

highest level before it may be elevated to the courts of justice for review

Procedure:

Exceptions to the DEAR: Cases of denial of due process (Samahang Magbubukid ng Kapdula, Inc. v CA)

Where filing a motion for reconsideration or appealing would be futile (Heirs of PedroAtega v Garilao)

Sec. 55 NO RESTRAINING ORDER OR PRELIMINARY INJUNCTION

Except for the Supreme Court, no court in the Philippines shall have jurisdiction to issue

any restraining order or writ of preliminary injunction against the PARC, the DAR or any of itsduly authorized or designated agencies in any case, dispute or controversy arising from,

necessary to, or in connection with the application, implementation, enforcement, orinterpretation of this Act and other pertinent laws on agrarian reform.

Prohibition: Covers only matters within the jurisdiction of administrative agencies To allow the courts to judge these matters would disturb the smooth functioning of the

administrative machinery. Must be necessarily construed to apply only where the act sought to be enjoined is a valid

and legal act of the PARC or its duly authorized or designated agency

Exceptions: Administrative irregularities have been committed tantamou

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