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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 946
PRESIDENTIAL DECREE NO. 946 -
REORGANIZING THE COURTS OF AGRARIAN RELATIONS, STREAMLINING THEIR
PROCEDURES, AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
the present organizational, operational and procedural set-up of the
Courts of Agrarian Relations is not conducive to the effective and
efficient implementation of the objectives of the accelerated agrarian
reform program;chanroblesvirtualawlibrary
WHEREAS, the inferior economic, intellectual, social, political and
cultural position of the tenant-tillers require suitable changes in the
structure, manner of operation and rules of procedure of Courts of
Agrarian Relations as well as in the orientation of persons having
anything to do with agrarian law and reform if they are to render
justice and help attain the emancipation of the tenant-tillers as
provided in the Constitution; and
WHEREAS, there is, therefore, an imperative need to reorganize the
Courts of Agrarian Relations and to streamline their procedures to
achieve a just, expeditious and inexpensive disposition of agrarian
cases, and to make the said Courts responsive to the goals of the New
Society.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. The Courts of Agrarian Relations;
Supervision. — The Courts of Agrarian Relations organized and
established under Republic Act Numbered thirty-eight hundred and
forty-four, as amended, are hereby reorganized and their procedures
streamlined in conformity with the provisions of this Decree.
The Supreme Court shall continue to exercise administrative supervision
over said Courts.
Section 2. Regional Districts, Stations; Residences
of Judges. — The Districts of the Courts of Agrarian Relations shall be
the same as those of the Courts of First Instance. The stations of the
respective Courts shall be determined by the Supreme Court, except that
the Executive Judge shall have his Station in Metropolitan Manila,
without prejudice to his holding court in any District where the
exigencies of the service so require.
Until otherwise provided by the Supreme Court, the branches (salas) of
the Courts shall be stationed as follows:cralaw:red
First Regional District: Branch I — Tuguegarao, Cagayan; Branch II —
Ilagan, Isabela; Branch III — Santiago, Isabela; Branch IV — Bayombong,
Nueva Vizcaya; and Branch V — Cabarroguis, Quirino;chanroblesvirtualawlibrary
Second Regional District: Branch I — Laoag City; Branch II — San
Fernando, La Union; and Branch III — Tabuk, Kalinga-Apayao;chanroblesvirtualawlibrary
Third Regional District: Branch I — Lingayen, Pangasinan; Branch II —
Urdaneta, Pangasinan; Branch III — Tayug, Pangasinan; and Branch IV —
Iba, Zambales;chanroblesvirtualawlibrary
Fourth Regional District: Branch I — Cabanatuan City; Branch II —
Guimba, Nueva Ecija; Branch III — San Jose City; Branch IV — Gapan,
Nueva Ecija; Branch V — Tarlac, Tarlac, and Branch VI — Paniqui,
Tarlac; chanroblesvirtualawlibrary
Fifth Regional District: Branch I — San Fernando, Pampanga; Branch II —
Angeles City; Branch III — Guagua, Pampanga; Branch IV — Baliuag,
Bulacan;chanroblesvirtualawlibrary
Sixth Regional District: Branch I — Metropolitan Manila (Sala of the
Executive Judge);chanroblesvirtualawlibrary
Seventh Regional District; Branch I — Pasig, Rizal; Branch II — Cavite
City; and Branch III — Puerto Princesa City;chanroblesvirtualawlibrary
Eighth Regional District: Branch I — Calamba, Laguna; Branch II — San
Pablo City; Branch III — Lipa City; Branch IV — San Jose, Occidental
Mindoro; and Branch V — Calapan, Oriental Mindoro;chanroblesvirtualawlibrary
Ninth Regional District: Branch I — Lucena City; Branch II — Gumaca,
Quezon; and Branch III — Baler, Quezon;chanroblesvirtualawlibrary
Tenth Regional District: Branch I — Daet, Camarines Norte; Branch II —
Naga City; Branch III — Legaspi City; and Branch IV — Sorsogon,
Sorsogon;chanroblesvirtualawlibrary
Eleventh Regional District: Branch I — Iloilo City; Branch II — San
Jose, Antique; Branch III — Roxas City; and Branch IV — Kalibo,
Aklan; chanroblesvirtualawlibrary
Twelfth Regional District: Branches I and II — Bacolod City; Branch III
— San Carlos City; and Branch IV — Dumaguete City;chanroblesvirtualawlibrary
Thirteenth Regional District: Branch I — Ormoc City; Branch II —
Tacloban, Leyte; and Branch III — Catarman, Northern Samar;chanroblesvirtualawlibrary
Fourteenth Regional District: Branch I — Cebu City;chanroblesvirtualawlibrary
Fifteenth Regional District: Branch I — Butuan City; Branch II —
Surigao City; and Branch III — Tandag, Surigao del Sur; and
Sixteenth Regional District: Branch I — Davao City; Branch II —
Cotabato City; Branch III — Ozamis City; Branch IV — Pagadian City;
Branch V — Cagayan de Oro City; and Branch VI — Iligan City.
In the interest of justice, the Supreme Court may transfer stations
within the District and establish new Branches (salas).
Every Judge shall reside within a distance of not more than fifty (50)
kilometers by the most direct transportation route from his official
station.
Section 3. Judges of the Courts of Agrarian
Relations. — The functions of the Courts of Agrarian Relations shall be
vested in an Executive Judge and the District Judges. They shall be
appointed by the President of the Philippines; Provided, however, That
the incumbent Executive Judge and District Judges at the time of the
effectivity of this Decree shall continue as Judges without need of new
appointments. Upon the effectivity of this Decree, the said Executive
Judge shall continue to exercise the administrative functions over the
Courts of Agrarian Relations except as otherwise herein provided.
In the event that the Executive Judge is incapacitated to discharge his
duties, temporarily or otherwise, the Chief Justice shall designate an
Acting Executive Judge from among the District Judges of the Courts of
Agrarian Relations.
Section 4. Qualifications of Judges; Tenure of
Office; Compensation. — No person shall be appointed as Executive Judge
or Regional District Judge of the Courts of Agrarian Relations unless
he (a) is a natural born citizen of the Philippines; (b) has practiced
law in the Philippines for a period of not less than ten (10) years or
has held during a like period an office requiring admission to the
practice of law as an indispensable requisite; and (c) has had at least
four (4) years of experience and background in agrarian relations law
or agrarian reform before, during or after such period of practice or
tenure of office: Provided, however, That in exceptionally meritorious
cases, his qualification may be dispensed with.
Judges of the Courts of Agrarian Relations shall serve during good
behavior, until they reach the age of sixty-five (65) years or become
incapacitated to discharge the duties of their office, unless sooner
removed from office in accordance with law. chanroblesvirtualawlibrary
Judges of the Courts of Agrarian Relations shall receive the same
compensation as Judges of the Courts of First Instance. The Executive
Judge shall receive such additional compensation and emoluments as may
be authorized by the Supreme Court.
Section 5. Retirement and Leave Privileges;
Traveling Expenses. — Judges of the Courts of Agrarian Relations
shall be entitled to the same retirement and leave privileges now
granted or that may hereafter be granted to Judges of the Courts of
First Instance. They shall be entitled to traveling expenses as
provided for by law.
Section 6. Assignment of Judges to Vacation Duty. —
The assignment of Judges of the Courts of Agrarian Relations to
vacation duty shall be made by the Chief Justice in consultation with
the Executive Judge.
Section 7. Oath of Office. — Before entering upon
the discharge of the duties of his office, every Judge shall take and
subscribe to an oath of office as prescribed by the Supreme Court, and
shall submit to the latter a sworn statement to the effect that all
applicable agrarian laws have been observed on his lands, if any, and
in those of his wife and minor children.
Section 8. Division of Business Among Branches. —
Responsibility for official business appertaining to the Courts of
Agrarian Relations of each Regional District, where there are two or
more Branches, shall be equitably distributed among the Branches as may
be agreed upon by the Judges themselves. Should the Judges fail to
agree, then the Executive Judge shall make the proper distribution.
Section 9. Period for Resolution and/or Decision;
Certification. — Every Judge of the Courts of Agrarian Relations shall
resolve, within a period of fifteen (15) days from submission by the
parties, all petitions, incidents and motions, and decide all cases
submitted for decision within a period of thirty (30) days. He shall,
at the end of each month, so certify in writing his compliance with the
foregoing, and no leave shall be granted and no salary shall be paid
without such certificate. chanroblesvirtualawlibrary
For cases pending decision at the time this Decree takes effect, the
period shall be counted from the completion and submission of the
transcript of stenographic notes. The stenographers concerned shall
submit said transcript not later than thirty (30) days from the
effectivity of this Decree.
Section 10. Time and Place of Holding Court. —
Sessions of the Courts of Agrarian Relations shall be held on all
working days when there are cases ready for trial or incidents set for
hearing. The Judge shall extend the sessions whenever necessary. The
hours for the daily business of the Courts shall be from eight o'clock
in the morning to twelve o'clock noon and from one to five o'clock in
the afternoon.
Sessions of the Courts of Agrarian Relations shall be held at the
official stations of the respective Branches: Provided, however, that
whenever necessary in the interest of just, expeditious and inexpensive
administration of justice, a Judge shall hold court in any appropriate
place in the municipality, where the subject matter of the dispute is
located, preferably in the barrio or barangay center.
Section 11. Detail of Judges. — Whenever the
condition of the docket of any Branch within any District requires the
assistance of an additional Judge or Judges, or when there is any
vacancy therein, the Executive Judge may assign any Judge of that
District whose docket permits his temporary absence from his Court, to
hold sessions in the Branch needing such assistance or where the
vacancy exists.
Any Judge may be detailed outside his District by the Chief Justice
upon consultation with the Executive Judge. chanroblesvirtualawlibrary
Whenever a Judge of any Branch of the Courts of Agrarian Relations is
assigned, transferred or detailed to another Branch or District or to
another court of equal rank or jurisdiction without having decided a
case totally heard by him and which was duly argued or in which
opportunity for argument was given to the parties or their counsel, he
shall prepare and sign his decision in said case anywhere within the
Philippines and send the same by registered mail to the clerk of court
to be filed in the proper Branch as of the date when the same was
received by the clerk, which shall to all legal intents and purposes
have the same effect as if the Judge were present in the court to
direct the filing of the judgment: Provided, however, That if a case
has been heard only in part, the Chief Justice, upon petition of any of
the interested parties to the case, may authorize the Judge who has
partly heard the case to continue hearing and to decide said case
notwithstanding his assignment to another Branch or District, under
such conditions as the Chief Justice may specify.
Section 12. Jurisdiction over Subject Matter. — The
Courts of Agrarian Relations shall have original and exclusive
jurisdiction over:cralaw:red
a) Cases involving the rights and obligations of
persons in the cultivation and use of agricultural land except those
cognizable by the National Labor Relations Commission; Provided, That
no case involving the determination of rentals over any kind of
tenanted agricultural land shall be taken cognizance of by the Courts
of Agrarian Relations unless there has been a prior fixing of provision
rental by the Department of Agrarian Reform, except that the
tenant-farmer may directly bring the case for immediate determination
by the Courts of Agrarian Relations;chanroblesvirtualawlibrary
b) Questions involving rights granted and
obligations imposed by laws, Presidential Decrees, Orders,
Instructions, Rules and Regulations issued and promulgated in relation
to the agrarian reform program;chanroblesvirtualawlibrary
Provided, however, That matters involving the administrative
implementation of the transfer of the land to the tenant-farmer under
Presidential Decree No. 27 and amendatory and related decrees, orders,
instructions, rules and regulations, shall be exclusively cognizable by
the Secretary of Agrarian Reform, namely:cralaw:red
(1) classification and identification of
landholdings;chanroblesvirtualawlibrary
(2) identification of tenant-farmers and landowners,
and determination of their tenancy relationship;chanroblesvirtualawlibrary
(3) parcellary mapping;chanroblesvirtualawlibrary
(4) determination of the total production and value
of the land to be transferred to the tenant-farmer;chanroblesvirtualawlibrary
(5) issuance, recall or cancellation of certificates
of land transfer in cases outside the purview of Presidential Decree
No. 816;chanroblesvirtualawlibrary
(6) right of retention of the landowner;chanroblesvirtualawlibrary
(7) right of the tenant-farmer to a home lot;chanroblesvirtualawlibrary
(8) disposition of the excess area in the tenant's
farmholding;chanroblesvirtualawlibrary
(9) change of crop from rice and/or corn to any
other agricultural crop; chanroblesvirtualawlibrary
(10) issuance of certification for the conversion of
tenanted rice and/or corn land for residential, commercial, industrial,
or other urban purposes, it being understood that the authority to
issue certificates for conversion of other kinds of tenanted
agricultural land for the same purposes remains vested in the Secretary
of Agrarian Reform;chanroblesvirtualawlibrary
(11) transfer, surrender or abandonment by the
tenant-farmer of his farmholding and its disposition; and
(12) increase of tillage area by a tenant-farmer;chanroblesvirtualawlibrary
Provided, further, That the decision of the Secretary of Agrarian
Reform may be appealed to the President of the Philippines.
c) Cases involving the collection of amortizations
on payments for lands acquired under Presidential Decree No. 27, as
amended, Commonwealth Act Numbered twenty, as amended, Commonwealth Act
Numbered five hundred thirty-nine, as amended, Republic Act Numbered
eleven hundred and sixty, as amended, Republic Act Numbered fourteen
hundred, as amended, Republic Act Numbered thirty-eight hundred and
forty-four, as amended, and other related laws, decrees, orders,
instructions, rules and regulations, as well as payment for
residential, commercial and industrial lots within the settlement and
resettlement areas under the administration and disposition of the
Department of Agrarian Reform; chanroblesvirtualawlibrary
d) Cases involving collection of amortizations on
payments for farm machineries and implements distributed and sold by
the Department of Agrarian Reform and the Land Bank of the Philippines
to tenant-farmers, agricultural lessees, settlers, owner-cultivators,
amortizing owner-cultivators, the Samahang Nayon, compact farms,
farmers' cooperatives, and other registered farmers' associations or
organizations, as well as payment for indebtedness of settlers by
reason of the assistance given them by the Department of Agrarian
Reform in the form of seeds, work animals, houses, subsistence,
transportation, medicines, farm implements, tools, and the like;chanroblesvirtualawlibrary
e) Cases involving collection of amortizations on
payments for irrigation systems and/or water rights grants, as well as
irrigation fees, charge and/or rentals;chanroblesvirtualawlibrary
f) Cases involving collection of rentals on
agricultural lands leased by the Department of Agrarian Reform or Land
Bank and collection of agricultural loans granted to tenant-farmers,
agricultural lessees, settlers, owner-cultivators, amortizing
owner-cultivators, the Samahang Nayon, compact farms, farmers'
cooperatives and other registered farmer associations or organizations;chanroblesvirtualawlibrary
g) Cases involving the annulment or rescission of
lease contracts and deeds of sale, and the cancellation or amendment of
titles pertaining to agricultural lands under the administration and
disposition of the Department of Agrarian Reform and the Land Bank, as
well as emancipation patents issued under Presidential Decree No. 266,
homestead patents, free patents, and miscellaneous sales patents to
settlers in settlement and resettlement areas under the administration
and disposition of the Department of Agrarian Reform; chanroblesvirtualawlibrary
h) Cases involving boundary disputes over lands
under the administration and disposition of the Department of Agrarian
Reform and the Land Bank, which are transferred, distributed and/or
sold to tenant-beneficiaries and are covered by deeds of sale, patents
and certificates of titles;chanroblesvirtualawlibrary
i) Cases arising out of, or in connection with,
membership in the Samahang Nayon, compact farms, farmers' cooperatives
and other registered farmers' associations or organizations, and the
rights and obligations arising from such membership;chanroblesvirtualawlibrary
j) Cases arising directly or indirectly between
corporations or partnerships covered by General Order No. 47 and
tenant-farmers, agricultural lessees, settlers, owner-cultivators,
amortizing owner-cultivators, the Samahang Nayon, compact farms,
farmers' cooperatives, and other registered farmers' associations or
organizations, and between such corporation or partnerships and other
corporations, partnerships, associations or single proprietorships
where the question involved affects the rights and interests of the
persons herein mentioned;chanroblesvirtualawlibrary
k) Cases involving the determination of title to
agricultural lands where this issue is raised in an agrarian dispute by
any of the parties or a third person in connection with the possession
thereof for the purpose of preserving the tenure of the agricultural
lessee or actual tenant-farmer and effecting the ouster of the
interloper or intruder in one and the same proceeding;chanroblesvirtualawlibrary
l) Cases involving the sale, alienation, mortgage
foreclosure, pre-emption and redemption of tenanted agricultural land;chanroblesvirtualawlibrary
m) Cases involving expropriation of all kinds of
land in furtherance of the agrarian reform program; chanroblesvirtualawlibrary
n) Expropriation proceedings for public purpose of
all kinds of tenanted agricultural land, whether instituted by the
State, its political subdivisions and instrumentalities, or
corporations and entities authorized by laws to expropriate;chanroblesvirtualawlibrary
o) Cases involving acquisition by the Department of
Agrarian Reform of irrigation systems and/or water rights grants for
the benefit of tenant-farmers, agricultural lessees, settlers,
owner-cultivators, amortizing owner-cultivators, the Samahang Nayon,
compact farms, farmers' cooperatives, and other registered farmers'
associations or organizations, the Department of Agrarian Reform being
hereby vested with the authority to construct irrigation systems and
apply for water rights grants for the purpose herein provided;chanroblesvirtualawlibrary
p) Ejectment proceedings instituted by the
Department of Agrarian Reform and the Land Bank involving lands under
their administration and disposition, except urban properties belonging
to the Land Bank;chanroblesvirtualawlibrary
q) Cases involving violations of the penal
provisions of Republic Act Numbered eleven hundred and ninety-nine, as
amended, Republic Act Numbered thirty eight hundred and forty-four, as
amended, Presidential Decrees and laws relating to agrarian reform;
Provided, however, That violations of the said penal provisions
committed by any Judge shall be tried by the courts of general
jurisdiction; and
r) Violations of Presidential Decrees Nos. 815 and
816.
No tenant-farmer in agricultural lands primarily devoted to rice and/or
corn shall be ejected or removed from his farmholding until such time
as the respective rights of the tenant-farmer and the landowner shall
have been determined in accordance with the rules and regulations
implementing Presidential Decree No. 27.
No Judge of the Courts of Agrarian Relations, Courts of First Instance,
municipal or city courts, or any other tribunal or fiscal shall take
cognizance of any ejectment case or any other case designed to harass
or remove a tenant of an agricultural land primarily devoted to rice
and/or corn, unless certified by the Secretary of Agrarian Reform as a
proper case for trial or hearing by a court or Judge or other officer
of competent jurisdiction, and if any such case is filed, the case
shall first be referred to the Secretary of Agrarian Reform or his
authorized representative in the locality for a preliminary
determination of the relationship between the contending parties. If
the Secretary of Agrarian Reform or his authorized representative in
the locality finds that the case is a proper case for the Court or
Judge or other hearing office to hear, he shall so certify and such
court, Judge or other hearing officer may assume jurisdiction over the
dispute or controversy.
The preliminary determination of the relationships between the
contending parties by the Secretary of Agrarian Reform or his
authorized representative, is not binding upon the court, Judge or
hearing officer to whom the case is certified as a proper case for
trial. Said court, Judge or hearing officer, after hearing, may
confirm, reverse or modify said preliminary determination as the
evidence and substantial merits of the case may warrant.
Section 13. Territorial Jurisdiction: Venue of
Action. — All actions except criminal cases falling with the
jurisdiction of the Courts of Agrarian Relations shall be commenced by
a written complaint filed with the office of the clerk of court of the
Branch within whose territorial jurisdiction the land directly involved
is situated.
Every Branch shall have territorial jurisdiction over all cases
directly involving lands within the entire Regional District where its
official station is located. chanroblesvirtualawlibrary
Where a party questions the territorial jurisdiction of a Branch, said
Branch shall forthwith determine whether the land directly involved in
the proceeding is within its territorial jurisdiction. Upon finding the
contrary, the said Branch shall promptly forward the case to the Branch
within whose territorial jurisdiction the land subject matter or the
case is located.
Where the land directly involved straddles two or more Regional
Districts, the Branch in any of the said Districts where the case is
first instituted, shall have exclusive territorial jurisdiction.
If there be any conflict of territorial jurisdiction between Courts of
two or more Regional Districts, the Supreme Court shall resolve such
conflict administratively.
Where the land involved is located within a Regional District, but the
case is filed in a Branch in another Regional District, and none of the
parties objects, that Branch shall proceed to hear the case and decide
it on the merits. Where any of the parties objects, but the Branch is
of the opinion that it has territorial jurisdiction, it shall likewise
proceed to hear the case and decide it on the merits. If on appeal the
appellate court finds that the Branch had no territorial jurisdiction
over the case, it shall nevertheless decide the appeal on the merits.
Where the question of territorial jurisdiction is not raised in the
Courts of Agrarian Relations, all parties are estopped from raising the
issue on appeal or in any other proceeding.
Any problem of territorial jurisdiction not covered by the foregoing
provisions shall be governed by rules to be promulgated by the Supreme
Court.
In the cases covered by paragraph (f), (i) and (j) of the
preceding section, where one of the parties involved is a
tenant-farmer, agricultural lessee, settler, owner-cultivator or
amortizing owner-cultivator, the action shall be commenced and tried in
the Regional District where the farmholding of such party is located.
Where the action is between parties other than those enumerated, the
action shall be commenced and tried in the regional District where the
main office of the Samahang Nayon, compact farm, farmers' cooperative
or registered farmers' association or organization is located. Where
the action is between a corporation or partnership covered by General
Order No. 47, and any other corporation, partnership, association or
single proprietorship, the action shall be commenced and tried in the
Regional District where the main office of any of the parties is
located.
Section 14. Powers of Courts of Agrarian Relations.
— Every Court of Agrarian Relations shall have all the powers and
prerogatives inherent in or belonging to the Courts of First Instance,
including the following:cralaw:red
a) To punish for direct and indirect contempt;chanroblesvirtualawlibrary
b) To preserve and enforce order in its immediate
presence;chanroblesvirtualawlibrary
c) To enforce order in proceedings before it, or
before a person or persons empowered to conduct a judicial
investigation under its authority;chanroblesvirtualawlibrary
d) To compel obedience to its judgments, orders and
processes, and to the lawful orders of Judge out of court, in a case
pending therein;chanroblesvirtualawlibrary
e) To control, in furtherance of justice, the
conduct of its ministerial officers, and of all other persons in any
manner connected with a case before it, in every manner appertaining
thereto; chanroblesvirtualawlibrary
f) To compel the attendance of persons testify in a
case pending therein;chanroblesvirtualawlibrary
g) To administer or cause to be administered oaths
in a case pending therein, and in all other cases where it may be
necessary in the exercise of its powers;chanroblesvirtualawlibrary
h) To amend and control its processes and orders so
as to make them conformable to law and justice;chanroblesvirtualawlibrary
i) To authorize a copy of a lost or destroyed
pleading or other paper to be filed and used instead of the original,
and to restore, and supply deficiencies in its records and proceedings;chanroblesvirtualawlibrary
j) To require the assistance of all agencies and
offices of the Government in the performance of its duties without
additional compensation; and
k) To allow duly authorized leaders of duly
registered farmers' organizations to appear as counsel for their
respective members and/or organizations, subject to the basic duties
and obligations of officers of the court. Upon appeal, however, the
parties shall be represented by members of the Bar only.
Courts of Agrarian Relations may employ all auxiliary writs, processes
and other means necessary to carry their jurisdiction into
effect. chanroblesvirtualawlibrary
All writs and processes issued by the Courts of Agrarian relations
shall be served and executed free of charge by provincial or city
sheriffs, or by any person authorized by the said Courts, in the same
manner as writs and processes of Courts of First Instance.
Section 15. Disqualification of Judges. — No Judge
of the Courts of Agrarian Relations shall sit in any case in which he,
or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise, or in which he is related to either party within
the sixth degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil law, or in
which he has been executor, administrator, guardian, trustee or
counsel, without the written consent of all parties in interest, signed
by them and entered upon the record.
Section 16. Rules of Procedure. — The Courts of
Agrarian Relation shall adopt uniform rules of procedure on matters not
provided for in this Decree in order to achieve a just, expeditious and
inexpensive determination of every action or proceeding filed before
them. The rules of Court shall not be applicable to agrarian cases,
even in a suppletory character. It is the spirit and intention of this
Decree that the Courts of Agrarian Relations shall utilize and employ
every and all reasonable means to ascertain the facts of every case in
accordance with justice and equity and the merits of the case, without
regard to technicalities of law and procedure. To this end, each Court
of Agrarian Relations shall have the authority to adopt any appropriate
measure or procedure in any situation or matter not provided for or
covered by this Decree and in the uniform rules of procedure of the
Courts of Agrarian Relations. All such special measures or procedures,
and the situations to which they are applied shall be reported to the
Supreme Court by the individual Judges through the Executive Judge who
shall furnish copies of such reports to all the other Judges.
Where there is doubt in the application of uniform rules or in the
construction and interpretation of this Decree or of any contract
between the parties, the doubt shall be resolved in favor of the
tenant-farmers, agricultural lessees, settlers, owner-cultivators,
amortizing owner-cultivators, the Samahang Nayon, compact farms,
farmers' cooperatives and other registered farmers' associations or
organizations. chanroblesvirtualawlibrary
In criminal and expropriation cases the Rules of Court shall apply.
In the hearing, investigation and determination of any question or
controversy, affidavits and counter-affidavits may be allowed and are
admissible in evidence.
Direct testimonies of witnesses shall be in narrative form subject to
cross examination.
In cases where the tenurial status of a person is in issue, the Court
of Agrarian Relations shall not issue an order restraining the actual
tiller from cultivating the land, or impounding the harvest without
providing him with at least fifty percent of the net harvest.
Should the impounding of the harvest be at the instance of the
landholder, he shall file a cash bond to be fixed by the Court, to
answer for such damages as may be suffered by the tiller who is found
to be a lawful tenant. In case of the malicious denial of the tenancy
relationship by the landholder, he shall be subject to the payment of
exemplary damages equivalent to at least the value of the harvest
impounded.
Where a party is a tenant-farmer, agricultural lessee or tiller,
settler, or amortizing owner-cultivator, he shall be entitled to the
rights of a pauper and/or indigent litigant and the privileges of an
indigent litigant under Republic Act numbered sixty hundred and
thirty-five without further proof thereof. He shall continue to enjoy
such status as pauper and/or indigent litigant in the appellate courts
and until the case is finally disposed of.
An agricultural tiller, tenant or lessee who has been allowed to
litigate as a pauper and/or indigent litigant shall be entitled to the
issuance of a duly certified copy of the transcript of stenographic
notes of the hearing, which shall be given to him free of charge. Any
undue delay in the transcription of the stenographic notes or in the
issuance of a duly certified copy of said transcript in favor of said
party and any charging of fees against him in connection therewith
shall be dealt with administratively. chanroblesvirtualawlibrary
Section 17. Pleadings; Hearings; Limitation on
Postponements. — The defendant shall file his answer to the complaint
(not a motion to dismiss), within a non-extendible period of ten (10)
days from service of summons, and the plaintiff shall file his answer
to the counterclaim, if there be any, within a non-extendible period of
five (5) days. There shall be no declaration of default for failure to
file the answer within the period herein provided. Immediately upon
receipt of the last pleading completing the joinder of issues, or the
expiration of the period for filing the same, the Court shall set the
case for hearing. On the date of hearing but before actually receiving
evidence on the case, the Court shall endeavor to settle the case
amicably, Provided, That in no case shall any amicable settlement work
out to give the agricultural lessee or tenant less rights, benefits or
advantage than the law grants him; and, Provided, further, That a
judgment approving such amicable settlement shall not be executory
until after fifteen (15) days from notice. If an agreement as to the
whole or any part of the case is arrived at, the same shall be reduced
to writing, signed and acknowledged by the parties and counsels, if
present, before the Judge which shall be the basis of a decision. Where
no such agreement is effected, the Court shall proceed with the trial,
which shall be continuous until terminated. The absence of counsel of
any or both the parties shall not be a ground for postponement or
continuance, provided they were duly notified. No motion to dismiss
shall be entertained at any stage of the proceedings.
No order of the Courts of Agrarian Relations on any issue, question,
matter or incident raised before them shall be contested in any action
or proceeding before the appellate courts until the hearing shall have
been terminated and the case decided on the merits.
Section 18. Appeals. — An appeal may be taken to the
Court of Appeals by giving an oral or written notice of appeal with the
trial court within the period of fifteen (15) days from notice of order
or decision. A copy of the written notice of appeal shall be served
within the same period upon the adverse party. In case the notice of
appeal is orally made, the clerk of court shall reduce the same to
writing, which shall be signed by the appellant and a copy thereof
served within the same period by the clerk of court to the adverse
party.
In case a motion for reconsideration is filed within that period of
fifteen (15) days, the notice of appeal shall be filed within ten (10)
days from notice of the resolution denying the motion for
reconsideration. Only one motion for reconsideration shall be allowed a
party.
The Court of Appeals shall affirm the decision or order or the portions
thereof appealed from if the findings of fact in the said decision or
order are supported by substantial evidence as basis thereof, and the
conclusions stated therein are not clearly against the law and
jurisprudence. The Court of Appeals shall not be precluded from taking
into consideration any issue, question or incident, even if not raised,
if resolution thereof is necessary for a complete and just disposition
of the case.
The Court of Agrarian Relations shall forward to the Court of Appeals
the complete records of the case within a non-extendible period of
fifteen (15) days from receipt of a notice of appeal, if no motions for
reconsideration are filed. In the event that motions for
reconsideration are filed, the records shall be forwarded to the
appellate court within a like period from receipt by the party
concerned of denial of the last motion for reconsideration.
Appeal shall not stay the decision or order except where the ejectment
of a tenant-farmer, agricultural lessee or tiller, settler, or
amortizing owner-cultivator is directed.
Upon receipt of the records of the case from the Court of Agrarian
Relations, the Court of Appeals may, if it deems necessary, require the
parties to file simultaneous memoranda within a non-extendible period
of fifteen (15) days from notice; the appellate court shall decide the
case within thirty (30) days from receipt of said records or memoranda.
No motion for rehearing or reconsideration shall be allowed in the
Court of Appeals.
All cases of the Courts of Agrarian Relations now pending before the
Court of Appeals shall remain in the Division to which they have been
assigned, and shall be within sixty (60) days from the effectivity of
this Decree: Provided, however, That if the decision or order be an
affirmance in toto of the dispositive conclusion of the judgment
appealed from, then the Court of Appeals may, instead of rendering an
extended opinion, indicate clearly the trial court's findings of fact
and pronouncements of law which have been adopted as basis for the
affirmance.
Upon the effectivity of this Decree, the Court of Appeals shall
designate at least two (2) of its Divisions to which all appealed
agrarian cases shall be assigned, and these cases shall have priority
over other cases.
The decisions or orders of the Court of Appeals may be appealed to the
Supreme Court by petition for review on certiorari only on questions of
law, within a non-extendible period of thirty (30) days from receipt by
the appellant of a copy of the decision or order.
Section 19. Exercise by the Supreme Court of its
Rulemaking Power. — In order to achieve a just, expeditious and
inexpensive disposition of agrarian cases, the Supreme Court, in the
exercise of its rule-making power, may supplement, modify, alter and/or
amend the rules of practice and procedure herein provided, as well as
such additional rules of practice and procedure as may be promulgated
by the Courts of Agrarian Relations. chanroblesvirtualawlibrary
Section 20. Monthly Report. — Every Court of
Agrarian Relations shall submit to the Supreme Court within the first
ten days of each month a brief report for the previous month, showing
the number and nature of cases filed and tried, the places of hearing,
and the status of each case.
A copy of the report shall be furnished the Executive judge with copies
of the decisions rendered and orders issued during the month. Such
decisions and orders shall be complied by the Executive Judge, and the
decisions and orders in important cases shall be reported by him in
appropriate form, furnishing the Supreme Court, the Court of Appeals
and the Department of Agrarian Reform, copies thereof together with
their syllabi.
Section 21. Courtrooms, Offices and Facilities. —
The courtrooms and offices of the Courts of Agrarian Relations in the
provinces shall be provided by the respective provincial government;
Provided, however, That where a Court is stationed within a city the
expenses therefor shall be shared equally between the provincial and
city governments. The Courtrooms and offices shall be located, whenever
possible, in the same buildings as the Courts of First Instance.
Expenses for the maintenance, equipment, supplies, servicing, repair
and alteration thereof shall be borne by the national government.
Section 22. Administrative Provisions. — Until
otherwise provided by the Supreme Court each Branch shall have a
personnel complement composed of one (1) clerk of court and ex-officio
sheriff, one (1) deputy clerk of court, one (1) legal researcher, four
(4) court stenographers, one (1) interpreter, two (2) clerks, one (1)
deputy sheriff, one (1) bailiff, one (1) janitor, one (1) driver, and
two (2) security guards. The personnel complement of the Central Office
of the Courts shall be composed of (A) Office of the Executive Judge —
One (1) private secretary, one (1) executive assistant, one (1)
clerk-stenographer, one (1) driver and one (1) messenger; (B)
Management Staff — One (1) head of staff, one (1) assistant head of
staff, two (2) management analysts, two (2) statisticians, one (1)
personnel analyst, two (2) field auditors, and one (1) clerk-typist;
(C) Finance Division — one (1) chief, one (1) assistant chief, and one
(1) clerk; and its Budget Section — one (1) chief, one (1) budget
analyst and three (3) fiscal clerks; in its Accounting Section — one
(1) chief, one (1) accountant, three (3) accounting clerks, two (2)
bookkeepers, three (3) clerks and two (2) typists; and in its Cash
Section — one (1) cashier, two (2) cash clerks, and one (1)
clerk-typist; (D) Administrative Division — one (1) chief, one (1)
assistant chief, two (2) clerks and one (1) stenographer; and in its
Personnel Section — one (1) chief, one (1) training officer, two (2)
personnel clerks, two (2) leave clerks and one (1) clerk-typist; in its
Records Section — one (1) chief, two (2) records clerks and two (2)
filers; in its Property Section — one (1) chief, one (1) property
clerk, two (2) stock clerks, and two (2) laborers; in its Medical
Section — one (1) physician, one (1) dentist, one (1) dentald and one
(1) nurse; and in its General Service Section — one (1) chief, one (1)
chief security guard, eight (8) security guards, two (2) auto
mechanics, two (2) laborers, two (2) drivers, one (1) electrician and
five (5) janitors; and (E) Legal Division — one (1) chief, one (1)
assistant chief, and one (1) clerk-typist; and in its Research Section
— one (1) chief, eight (8) attorneys and one (1) steno-typist, in its
Publication Section — one (1) chief, two (2) attorneys, two (2)
steno-typist; two (2) syllabi writers, one (1) mimeograph operator and
one (1) janitor; and in its Library Section — one (1) librarian, one
(1) library assistant and one (1) laborer.
The positions of Commissioners are hereby abolished. chanroblesvirtualawlibrary
The Supreme Court is hereby vested with authority to convert,
consolidate, merge or abolish such offices, services, divisions, staff
units and positions in the Courts of Agrarian Relations, provide for or
modify staffing patterns and salary scales, and create special
positions to suit the particular needs of any Branch of the Courts, in
order to allow them to effectively and expeditiously carry out their
functions under this Decree. In the interest of the public service, the
Chief Justice may, upon recommendation of the Judge of the Court of
Agrarian Relations concerned, authorize the substitution of other
positions in lieu of those provided herein.
The salaries of officials and employees in the Central Office and in
the Branches of the Court shall be determined by the Supreme Court.
All officials and employees of the Central Office and the Branches of
the Court shall be appointed by the Chief Justice in accordance with
civil service laws, rules and regulations.
The present officials and employees of the Courts of Agrarian Relations
shall continue in office. However, unless reappointed within a period
of six (6) months from the effectivity of this Decree, they shall be
considered separated from the service as of the end of that period, and
shall be paid a gratuity at the rate equivalent to one month's salary
for every year of service rendered in the government based on the
highest salary received and such other benefits to which they may be
entitled; Provided, That if said officials and employees are eligible
for retirement under any retirement law; they shall have the option to
retire and receive the gratuity or pension under such law, payable from
the appropriations of the Courts including balances of certifications
to accounts payable which have not been reverted to surplus, any
provision of law, decree, rule or regulation to the contrary
notwithstanding.
Section 23. Appropriations. — The appropriations of
the Courts of Agrarian Relations authorized in Presidential Decree No.
733 and other appropriation laws and decrees are hereby made available
and restructured to carry out the purposes of this Decree: Provided,
That in case said appropriations are not sufficient for the said
purposes as certified to by the Chief Justice the additional amount of
Five (5) Million Pesos is hereby automatically appropriated, and shall
be incorporated in subsequent appropriations laws. chanroblesvirtualawlibrary
Section 24. Miscellaneous Provision. — All
government agencies directly or indirectly involved in the agrarian
reform program shall make available to the Courts of Agrarian Relations
the necessary facilities to carry out the functions of said Courts.
Section 25. Separability of Provisions. — If for any
reason any section or provisions of this Decree shall be declared
unconstitutional or invalid by the Supreme Court, no other provision of
this Decree shall be affected thereby.
Section 26. Repealing Clause. — All decrees, laws,
and orders, or provisions thereof, inconsistent with the provisions of
this Decree are hereby repealed and modified accordingly. Chapter IX of
Republic Act numbered thirty-eight hundred and forty-four, as amended,
is hereby repealed.
Section 27. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
17th day of June, in the year of Our Lord, nineteen hundred and
seventy-six.
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