SUPREME COURT DECISIONS

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Endnotes:


1 Penned by Associate Justice Manuel C. Herrera and concurred by Associate Justices Alfredo L. Benipayo and Cancio C. Garcia.

2 See Contract of Lease, Rollo, pp. 212-216.

3 See Deed of Transfer, Rollo, pp. 276-279.

4 Ibid.

5 Rollo, pp. 280-283.

6 Rollo, pp. 284-286.

7 Rollo, pp. 21-26.

8 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 all 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).

x x x.

9 SECTION 1. Primary, Original and Appellate Jurisdiction. The Agrarian Reform Adjudication Board shall have primary jurisdiction, both original and appellate, to determine and adjudicate all agrarian disputes, cases, controversies, and matters or incidents involving the implementation of the Comprehensive Agrarian Reform Program under Republic Act No. 6657, Executive Order Nos. 229, 228 and 129-A, Republic Act No. 3844 as amended by Republic Act No. 6389, Presidential Decree No. 27 and other agrarian laws and their implementing rules and regulations.

Specifically, such jurisdiction shall extend over but not be limited to the following:

x x x

f) Cases involving the issuance of Certificate of Land Transfer (CLT), Certificate of Landownership Award (CLOA) and Emancipation Patent (EP) and the administrative correction thereof;

x x x.

10 Supra, footnotes 4 and 5.

11 SECTION 54. Certiorari. Any decision, order, award, or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from receipt of a copy thereof.

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

12 Reyes v. Subido, 66 SCRA 203.

13 Rollo, p. 31.

14Rollo, p. 32.

15 Rollo, p. 33.

16 Rollo, p. 34.

17 SECTION 40. Special Areas of Concern. -- As an integral part of the Comprehensive Agrarian Reform Program, the following principles in these special areas of concern shall be observed:

x x x

(4) Idle, Abandoned, Foreclosed and Sequestered Lands Idle, abandoned, foreclosed and sequestered lands shall be planned for distribution as home lots and family-size farmlots to actual occupants. If land area permits, other landless families shall be accomodated in these lands."

18 "SECTION 22. Qualified Beneficiaries. -- The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:

(a) agricultural lessees and share tenants;

(b) regular farmworkers;

(c) seasonal farmworkers;

(d) other farmworkers;

(e) actual tillers or occupants of public lands;

(f) collectives or cooperatives of the above beneficiaries; and

(g) others directly working on the land.

x x x

A basic qualification of a beneficiary shall be his willingness, attitude, and ability to cultivate and make the land as productive as possible. The DAR shall adopt a system of monitoring the record or performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit periodic reports on the performance of the beneficiaries to the PARC.

If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to accommodate any or some of them, they may be granted ownership of other lands available for distribution under this Act, at the option of the beneficiaries.

Farmers already in place and those not accomodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain."




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