TITLE
POPARMUCO v.
INSON
TOPIC:
FACTS
●
●
Jurisdiction of DAR
Sec
●
●
●
Polo Plantation Agrarian Reform
Beneficiaries Multipurpose Cooperative is
the association of the holders of Certificates
of Land Ownership Award (CLOAs) who
became agrarian reform beneficiaries when
Polo Plantation was acquired by the
Republic of the Philippines under CARP and
distributed to farmer-tenants.
After the acquisition of the landholding
previously owned by Polo Plantation
Company, the Company directly appealed
the decision of DAR to the SC. The SC
upheld the Provincial Agrarian Reform
Officer’s acts, declaring the issuance of the
CLOAs valid. This SC decision (in 2008)
became final and executory.
AFTER the SC decision, in June 2009, a
group of alleged farmworkers headed by
Alcantara filed a petition before the office of
DAR Regl Dir Inson for Inclusion in the
Transfer Cert of Title – that is, as qualified
CLOA holders. The petition necessarily
prayed for the exclusion of the original
CLOA holders whose being CLOA holders
were bec of the Prov DAR officer’s acts,
which were upheld by the SC in 2008.
Inson takes cognizance of the Petition.
POPARMUCO files a petition at the SC
asking it to hold Inson in contempt for
taking cognizance of the Petition even after
ISSUE(S)
Whether DAR Regional Director
Inson should be held in contempt
for taking cognizance of a petition
to include/exclude CARP
beneficiaries AFTER the Supreme
Court’s Decision became final and
executory.
RULING(S)
NO.
The Comprehensive Agrarian Reform Law vested in the Department of Agrarian
Reform the primary responsibility of implementing the Comprehensive Agrarian
Reform Program. Section 50 defines the Department's powers over agrarian
reform matters:
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).
....
Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall
be immediately executory.84 (Emphasis supplied)
The SC noted that Polo Plantation Company did not exhaust its administrative
remedies when it directly filed a Petition for Certiorari before the Court of
Appeals instead of first filing a protest or opposition before the Department
Secretary.
—----------------
IN AUG 2009 – around 2 months after Alcantara’s petition, RA 9700
was promulgated.
Under the new law, Republic Act No. 9700, all cases involving the cancellation of
certificates of land ownership award and other titles issued under any agrarian
reform program are within the exclusive and original jurisdiction of the
Department of Agrarian Reform Secretary. Section 9 provides:
SECTION 9. Section 24 of Republic Act No. 6657, as amended, is hereby further
amended to read as follows:
GER WORDS/
KEYWORD(S):
Cancellation of CLOAs
the finality of the SC’s decision in 2008.
SEC. 24. . . .
....
All cases involving the cancellation of registered emancipation patents,
certificates of land ownership award, and other titles issued under any agrarian
reform program are within the exclusive and original jurisdiction of the Secretary
of the DAR.