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Doj Ac 04-10
Doj Ac 04-10
On 1 July 2009, R.A. No. 9700 became effective. One of the more critical
sections (Section 19) of the said Act pertains to the referral of cases filed before the
prosecutors and the courts. Clearly intended to address the problem of conflict of
jurisdiction and legal harassment of farmers, tenants, and farmworkers, Section 19,
provides:
As used in this Guidelines, the term also includes disputes over the
interpretation of agrarian reform laws, rules and regulations, including those
pertaining to the rights and obligations of agrarian reform beneficiaries and
landowners/former landowners.
A. Preliminary Investigation.
When the case is subject of inquest and there is an allegation by any of the
parties that the case is agrarian in nature or an agrarian dispute and one of them is
a farmer, farmworker or tenant, or involves the implementation of the CARP, the
inquest prosecutor shall immediately refer the case to the PARO and release the
respondent for further preliminary investigation. The above allegations must be
written, made under oath, and the party making such allegations signs the Minutes
of the Inquest.
SECTION 5. Transitory Provision. — For cases that are already
pending and are under preliminary investigation (at the time of the effectivity of this
Circular), upon motion by any of the parties or motu propio, if previous pleadings
filed contain allegations which may be the grounds for referral, the investigating
prosecutor shall proceed in accordance with Section 4.A.2 hereof.
Republic Act No. 9700 (R.A. No. 9700), extending the implementation of the
Comprehensive Agrarian Reform Program (CARP) for the next five (5) years,
introduced several reforms toRepublic Act No. 6657 (R.A. No. 6657) otherwise
known as the Comprehensive Agrarian Reform Law of 1988. Among others, Section
5 of R.A. No. 9700 amended Section 7 of R.A. No. 6657on the priorities in the land
acquisition and distribution, while Section 19 of R.A. No. 9700 amended Section 50
of R.A. No. 6657on the quasi-judicial powers of the Department of Agrarian Reform
(DAR).
With respect to Section 50 of R.A. No. 6657, it should be noted that as early
as 1 July 2002, Administrative Circular No. 29-2002 was issued to remind all trial
court judges of the need for a careful and judicious application of R.A. No. 6657, in
view of the increasing number of complaints on matters of jurisdiction over agrarian
disputes. The circular cited therein Section 50 as follows: