DOJ DEPARTMENT CIRCULAR NO.

40-10 shall determine and certify within fifteen (15) days from
referral whether an agrarian dispute exists:
SUBJECT    :     Guidelines on the Investigation and
Referral of Cases to the Department of Agrarian Reform Provided, That from the determination of the DAR, an
Pursuant to Section 19 of Republic Act No. 9700 1 aggrieved party shall have judicial recourse. In cases
referred by the municipal trial court and the prosecutor's
office, the appeal shall be with the proper regional trial
court, and in cases referred by the regional trial court,
In the interest of expeditious administration of justice in
the appeal shall be to the Court of Appeals.
agrarian reform cases and to effectively
implement Section 19 of Republic Act (R.A.) No. "In cases where regular courts or quasi-judicial bodies
9700, the following guidelines on the handling of have competent jurisdiction, agrarian reform
agrarian reform cases, to be known as the GUIDELINES beneficiaries or identified beneficiaries and/or their
ON THE INVESTIGATION AND REFERRAL OF CASES associations shall have legal standing and interest to
TO THE DEPARTMENT OF AGRARIAN REFORM intervene concerning their individual or collective rights
PURSUANT TO SECTION 19 OF REPUBLIC ACT NO. and/or interests under the CARP.
9700, is hereby adopted. 
"The fact of non-registration of such associations with
SECTION 1.            Prefatory Statement. — It is one of the Securities and Exchange Commission, or
the policies of the Department of Justice,  as shown by Cooperative Development Authority, or any concerned
its creation of the National Task Force on Agrarian government agency shall not be used against them to
Cases in 2007, among other measures, to ensure the deny the existence of their legal standing and interest in
speedy resolution of agrarian cases by the agency with a case filed before such courts and quasi-judicial
the jurisdiction over the same and to address the bodies."
persistent problem of disputes that are agrarian in nature
but are being filed with the National Prosecution Service. It is in the light of the above policy of this Department
Indeed, if genuine agrarian justice is to be achieved, this and the adoption of the referral system under Section 19
problem characterized by conflict of jurisdiction, legal of R.A. No. 9700 that this Circular is issued. 
harassment of farmers, tenants and farmworkers
(i.e., through the filing of nuisance suits in regular courts) SECTION 2.            Definition of Terms. — As used in
must be addressed. this Rule, the following terms are defined as shown:

On 1 July 2009, R.A. No. 9700 became effective. One of a.      Agrarian Dispute — refers to any controversy
the more critical sections (Section 19) of the said Act relating to tenurial arrangements, whether leasehold,
pertains to the referral of cases filed before the tenancy, stewardship or otherwise, over lands devoted
prosecutors and the courts. Clearly intended to address to agriculture, including disputes concerning
the problem of conflict of jurisdiction and legal farmworkers' associations or representation of persons
harassment of farmers, tenants, and farmworkers, in negotiating, fixing, maintaining, changing or seeking to
Section 19, provides: arrange terms or conditions of such tenurial
arrangements. It includes any controversy relating to
  compensation of lands acquired under this Act and other
terms and conditions of transfer of ownership from
"SEC. 19.      Section 50 of Republic Act No. 6657, as landowners to farmworkers, tenants and other agrarian
amended, is hereby further amended by adding Section reform beneficiaries, whether the disputants stand in the
50-A to read as follows:  proximate relation of farm operator and beneficiary,
landowner and tenant, or lessor and lessee (R.A. No.
"SEC. 50-A.             Exclusive Jurisdiction on Agrarian
6657, Section 3-d).
Dispute. — No court or prosecutor's office shall take
cognizance of cases pertaining to the implementation of As used in this Guidelines, the term also includes
the CARP except those provided under Section 57 of disputes over the interpretation of agrarian reform laws,
Republic Act No. 6657, as amended.  If there is an rules and regulations, including those pertaining to the
allegation from any of the parties that the case is rights and obligations of agrarian reform beneficiaries
agrarian in nature and one of the parties is a farmer, and landowners/former landowners.
farmworker, or tenant, the case shall be automatically
referred by the judge or the prosecutor to the DAR which b.      Agricultural Enterprise — means the cultivation of
the soil, planting of crops, growing of fruit trees, raising
of livestock, poultry or fish, including the harvesting of As used in this Rule, the term also includes the
such farm products, and other farm activities and following:
practices performed by a farmer in conjunction with such
farming operations done by person whether natural or 1)        Regular Farmworker — a natural person who is
juridical. employed on a permanent basis by an agricultural
enterprise or farm (R.A. 6657, Section 3-h).
c.      Agricultural Leasehold Contract — A formal
tenurial arrangement reduced into writing between a 2)        Seasonal Farmworker — a natural person who is
lessor-landholder and lessee-farmer where the former employed on a recurrent, periodic or intermittent basis
consents to the latter's cultivation in consideration for by an agricultural enterprise or farm, whether as a
fixed rental either in money or produce or both. permanent or non-permanent laborer, such
as "dumaan", "sacada", and the like (R.A. 6657, Section
d.      Agricultural Leasehold Relation — It is limited to 3-i).
the person who furnishes the landholding, either as
owner, civil law lessee, usufructuary, or legal possessor, 3)        Other Farmworker — a farmworker who does not
and the person who personally cultivates the same (R.A. fall under any of the foregoing categories (R.A. 6657,
No. 3844, Sec. 166 [2]). Section 3-j).

e.      Agricultural Lessee — A person who, by himself SECTION 3.            Scope. — This Guidelines shall
and with the aid available from within his immediate farm cover offenses committed under the following:
household, cultivates the land belonging to, or
1)        Title 9, Chapter 2 of the Revised Penal Code
possessed by another, with the latter's consent for
(RPC), as applicable;
purposes of production, for a price certain in money or in
produce or both. It is distinguished from civil lessee as 2)        Title 10 of the RPC, as applicable; and
understood in the Civil Code of the Philippines (R.A. No.
3844, Sec. 166 [2]). 3)        Such other provisions of the RPC and other laws,
as applicable.
f.       Agricultural Lessor — A person, natural or juridical,
who either as owner, civil law lessee, usufructuary or SECTION 4.            Procedure. —
legal possessor, lets or grants to another the cultivation
and use of his land for a certain price (R.A. No. 3844, A.     Preliminary Investigation.
Sec. 16b [3]).
(1)       Grounds of Referral. — When a complaint for a
g.      Agrarian Reform Beneficiaries or Farmer- felony or a criminal offense is filed before the Office of
Beneficiaries — Actual agrarian reform or farmer- the City or Provincial Prosecutor, the investigating
beneficiaries of the agrarian reform program are those prosecutor shall refer the case to the Provincial Agrarian
which have been awarded either Certificates of Land Reform Officer (PARO) who has jurisdiction over the
Ownership Award (CLOAs) under the CARP (R.A. 6657) place of the incident when:
or Emancipation Patents (EPs) under Operation Land
(a)       there is an allegation by any of the parties
Transfer (P.D. 27), or have been confirmed as tenants or
(e.g., allegation in the complaint, affidavit or counter-
leaseholders by the DAR or the DARAB. Potential
affidavit, etc.) that the case is agrarian in nature or an
agrarian reform or farmer-beneficiaries of the agrarian
agrarian dispute and one of the parties is a tenant,
reform program are those who are eligible to be awarded
lessee, farmer-beneficiary, farmer, or farmworker; or 
CLOAs or EPs, and recognized as such by the DAR, but
are still awaiting their actual award; also those who are (b)       the case pertains to the implementation of the
eligible to be tenants or leaseholders.  CARP except those provided under Section 57 2 of
Republic Act No. 6657, as amended.
h.      Farmworker — is a natural person who renders
services for value as an employee or laborer in an (2)       Process of Referral.
agricultural enterprise or farm, regardless of whether his
compensation is paid on a daily, weekly, monthly (a)       The investigating prosecutor shall, within three
or  "pakyaw" basis. The term includes an individual (3) days from receipt of the complaint or pleading that
whose work has ceased as a consequence of, or in alleges either of the above grounds of referral,
connection with, a pending agrarian dispute and who recommend to the chief of office the referral of the case,
has not obtained a substantially equivalent and regular stating therein the basis for his/her recommendation;
farm employment (R.A. 6657, Section 3-g).
(b)       Within two (2) days from receipt of the (SGD.) ALBERTO C. AGRA
recommendation, the chief of office shall endorse the
same to the PARO together with the records of the case, Acting Secretary
copy furnished the parties concerned.
Footnotes
(c)       While the case is on referral with the PARO, the
  1.       An Act Strengthening the Comprehensive
investigating prosecutor shall defer further proceedings
Agrarian Reform Program (CARP), Extending the
and shall await the certification from the PARO as to
Acquisition and Distribution of All Agricultural Lands,
whether the case is "PROPER FOR TRIAL" OR "NOT
Instituting Necessary Reforms, Amending for the
PROPER FOR TRIAL". 3    aHCSTD
Purpose Certain Provisions of Republic Act No. 6657,
(d)       If the Certification states that the case is not Otherwise Known as the Comprehensive Agrarian
proper for trial, the investigating prosecutor shall dismiss Reform Law of 1988, As Amended, and Appropriating
the case within five (5) days from receipt of the Funds Therefor.
certification.
  2.       Section 57.  Special Jurisdiction. — The Special
(e)       If the Certification states that the case is proper Agrarian Courts shall have original and exclusive
for trial, the investigating prosecutor shall proceed with jurisdiction over all petitions for the determination of just
the preliminary investigation and resolve the case, compensation to landowners, and the prosecution of all
accordingly. criminal offenses under this Act. The Rules of Court shall
apply to all proceedings before the Special Agrarian
(f)        After the lapse of fifteen (15) days required by Courts, unless modified by this Act.
law for the PARO to issue a Certification and none was
issued, the investigating prosecutor may dispose of the                      The Special Agrarian Courts shall decide
case pending before him in accordance with his all appropriate cases under their special jurisdiction
appreciation of law and evidence attendant to the case. within thirty (30) days from submission of the case for
decision.
B.     Inquest
  3.       DAR Administrative Order No. 04, Series of
When the case is subject of inquest and there is an 2009.
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

SECTION 6.            The provisions of the Rules of Court

SECTION 7.            This Circular shall take effect