ADMINISTRATIVE
CIRCULAR NO. 29-2002
AVOIDANCE
OF CONFLICT OF JURISDICTION OVER CASES UNDER THE COMPREHENSIVE
AGRARIAN REFORM LAW OF 1988 (R.A. NO. 6657)
In
view of the increasing number of complaints on matters of jurisdiction
over agrarian disputes, the concerned trial court judges are reminded
of
the need for a careful and judicious application of Republic
Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law
of 1988, in order to avoid conflict of jurisdiction with the
Department
of Agrarian Reform (DAR) or the Department of Environment and Natural
Resources
(DENR). Conflict in jurisdiction must be avoided to prevent delay in
the
resolution of agrarian problems. In appropriate cases before it, the
court
concerned must not tolerate any delay.
For
this purpose, pertinent provisions of R.A.
No. 6657 delineating jurisdiction over agrarian disputes are hereby
reproduced:chanroblesvirtuallawlibrary
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).
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 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.
Section
56. Special Agrarian Courts. -- The Supreme Court shall designate
at least one (1) branch of the Regional Trial Court (RTC) within each
province
to act as a Special Agrarian Court.
The
Supreme Court may designate more branches to constitute such additional
Special Agrarian Courts as may be necessary to cope with the number of
agrarian cases in each province. In the designation, the Supreme Court
shall give preference to the Regional Trial Courts which have been
assigned
to handle agrarian cases or whose presiding judges were former judges
of
the defunct Court of Agrarian Relations.
The
Regional Trial Court (RTC) judges assigned to said courts shall
exercise
said special jurisdiction in addition to the regular jurisdiction of
their
respective courts.
The
Special Agrarian Courts shall have the powers and prerogatives inherent
in or belonging to the Regional Trial Courts.
Section
57. Special Jurisdiction. -- The Special Agrarian 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.
Further,
the trial court judges concerned are directed to take note of the
decisions
of the Supreme Court of 3 December 1990 in Vda. de Tangub vs. Court of
Appeals (191 SCRA 885), and of 13 September 1991 in Quismundo vs. Court
of Appeals (201 SCRA 609).
Strict
compliance is hereby enjoined. The Office of the Court Administrator is
directed to implement this Administrative Circular, which shall take
effect
upon its issuance.
Issued
this 1st day of July, 2002.
HILARIO G.
DAVIDE,
JR.
Chief
Justice
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