This case has been cited 2 times or more.
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2013-04-10 |
DEL CASTILLO, J. |
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| It was therefore error for the CA to have dismissed the Petition for Review. Aside from the fact that petitioners substantially complied with the rules, we also find it necessary for the CA to decide the case on the merits considering the vital issues presented in the Petition. There is a need for the CA to resolve whether the Emancipation Patents issued in the name of Vivian and Antonio were valid, considering that by the evidence presented, they were never instituted as tenants to the land. Porferio appears to be the sole tenant of the land, as can be seen from the Kasunduan and notarized Deed of Transfer. It would be enlightening to know how Vivian and Antonio acquired patents and certificates of title in their name notwithstanding the fact that they were never instituted as tenants or beneficiaries of PD 27. This becomes more imperative considering that the PARAD's pronouncement that the issue regarding the cancellation of the Emancipation Patents and certificates of title issued to Vivian and Antonio lies within the exclusive jurisdiction of the DAR Secretary does not hold water. On the contrary, the DARAB has exclusive jurisdiction over cases involving the cancellation of registered emancipation patents. The DAR Secretary, on the other hand, has exclusive jurisdiction over the issuance, recall or cancellation of Emancipation Patents/Certificates of Land Ownership Awards that are not yet registered with the Register of Deeds.[44] | |||||
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2011-07-05 |
VELASCO JR., J. |
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| Jurisdiction over a subject matter is conferred by law. [181] Section 50 of the CARL and Section 17 of Executive Order No. 229 vests in the DAR the primary and exclusive jurisdiction, both original and appellate, to determine and adjudicate all matters involving the implementation of agrarian reform. [182] The DAR's primary and exclusive jurisdiction includes authority over agrarian disputes, which also covers "disputes on the terms and conditions of the transfer of ownership from landowners to agrarian reform beneficiaries." [183] Congress provides the exclusive jurisdiction of the DAR in agrarian disputes, in this language: SECTION 50-A. Exclusive Jurisdiction on Agrarian Dispute. Ñ No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists: Provided, That from the determination of the DAR, an 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, the appeal shall be to the Court of Appeals. ... [184] (Emphasis supplied) | |||||