OCA CIRCULAR NO. 39-2005, May 04, 2005
OCA CIRCULAR NO. 39-2005, May 04, 2005
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TO:
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JUDGES OF ALL SPECIAL AGRARIAN COURTS AND ALL TRIAL COURT JUDGES |
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SUBJECT:
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EXPEDITIOUS DISPOSITION OF AGRARIAN CASES |
The Comprehensive Agrarian Reform Program (CARP) is a reform measure
that seeks to bring about a more equitable sharing of productive
resources in the Philippine countryside. Its major components include
land tenure improvement, program beneficiaries’ development and delivery
of agrarian justice.
Your attention is called to sections 50 and 57 of Republic Act No.
6657 subject of Administrative Circular No. 29-2002 dated 01 July 2002 ,
delineating jurisdiction over agrarian disputes in order to avoid
conflict of jurisdiction with the Department of Agrarian Reform (DAR) or
the Department of Environment and Natural Resources (DENR) which
provisions are hereby reproduced:
“Section 50. Quasi-Judicial Powers of the DAR.— The DAR is hereby
vested with primary jurisdiction to determine and adjudicate agrarian
reform matters and shall have exclusive original jurisdiction over
matters involving the implementation of agrarian reform, except those
falling under the exclusive jurisdiction of the Department of
Agriculture (DA) and the Department of Environment and Natural Resources
(DENR).Section 57. Special Jurisdiction – The Special Agrarian Courts
(Regional Trial Courts) shall have original and exclusive jurisdiction
over all petitions for the determination of just compensation to land
owners, and the prosecution of all criminal offenses under this Act. The
Rules of Court shall apply to all proceedings before the Special
Agrarian Courts, unless modified by this Act.The Special Agrarian Courts shall decide all appropriate cases
under their special jurisdiction within thirty (30) days from submission
of the case for decision.”
With the foregoing, it is imperative therefore that all special
agrarian courts be enjoined to adjudicate cases with dispatch to
implement the vision of agrarian reform and further the sustainable
agricultural development for the Philippines.
Likewise, Administrative Circular 38-2002 dated 28 August 2002
reminded all trial judges to strictly observe section 68, of Republic
Act No. 6657, in furtherance of the Court’s policy to expedite the
resolution of cases involving agrarian dispute which provision is quoted
hereunder:
“Section 68. Immunity of Government Agencies from Undue
Interference. – No injunction, restraining order, prohibition or
mandamus shall be issued by the lower courts against the Department of
Agrarian Reform (DAR), Department of Agriculture (DA), the Department of
Environment and Natural Resources (DENR), and the Department of Justice
(DOJ) in their implementation of the program.”
Lastly, you are also reminded of OCA Circular 79-2003 dated 12 June
2003 re: Reminding judges to exercise utmost caution, prudence and
judiciousness in Issuance of temporary restraining orders and writs of
preliminary injunctions, wherein TROs or preliminary injunctions may not
be issued. Specifically, section 55 of Republic Act No. 6657 which
provides:
“Section 55. No Restraining Order or Preliminary Injunction.— No
court in the Philippines shall have jurisdiction to issue any
restraining order, or writ of preliminary injunction against the PARC or
any of its duly authorized or designated agencies in any case, dispute
or controversy arising from, necessary to, or in connection with the
application, implementation, enforcement, or interpretation of this Act
and other pertinent laws on agrarian reform.”For strict compliance.
4 May 2005.