National Housing Authority acquired agricultural lands vs Agrarian Reform

Are all lands acquired by the National Housing Authority (NHA) for its resettlement and housing efforts beyond the scope of agrarian laws? Presidential Decree 1472 exempts from land reform those lands that NHA acquired for its housing and resettlement programs whether it acquired those lands when the law took effect or afterwards. The language of the exemption is clear, the exemption covers "lands or property acquired xxx or to be acquired" by NHA. Moreover, the law does not make any distinction whether the land NHA acquired is tenanted or not. The purchase by NHA of lands for development and resettlement transformed the property by operation of law from agricultural to residential. The Court is mindful of the plight of tenant-farmers but it is also incumbent upon it to weigh their rights against the government's interest in meeting the housing needs of the greater majority (National Housing Authority v. DAR Adjudication Board, et al, G.R. No. 175200. May 4, 2010).

Referral of Agrarian Dispute

All controversies on the implementation of the Comprehensive Agrarian Reform Program fall under the jurisdiction of the Department of Agrarian Reform, even though they raise questions that are also legal or constitutional in nature. All doubts should be resolved in favor of the DAR, since the law has granted it special and original authority to hear and adjudicate agrarian matters. No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARP. 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 whether an agrarian dispute exists. The referral shall be made by the concerned judge or fiscal motu proprio or upon motion by the party concerned.

Cancellation of titles issued under the Agrarian Reform Program

The State recognizes the indefeasibility of Certificate of Land Ownership Award (CLOA), Emancipation Patent (EP) and other titles issued under any agrarian reform program. However, CLOAs, EPs and other titles erroneously issued do not attain indefeasiblity.

The titles generated and distributed pursuant to the agrarian reform program form an integral part of the property registration and enjoy the same respect accorded to other modes of acquiring title to lands. Taking into account the detailed procedure in the generation of these titles, flaws and issues may arise resulting to the erroneous issuance of the defined titles. As a consequence, titles of this nature shall be cancelled but only on grounds prescribed by existing rules and regulations and strictly observing the provisions of PD1529. The cancellation of the registered EPs, CLOAs and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of DAR. 

Dismissal based on pure technicality

Rules of procedure are tools to facilitate a fair and orderly conduct of proceedings. Strict adherence thereto must not get in the way of achieving substantial justice. So long as their purpose is sufficiently met and no violation of due process and fair play takes place, the rules should be liberally construed, especially in agrarian cases. There is nothing sacred about the forms of pleadings or processes, their sole purpose being to facilitate the application of justice to the rival claims of contending parties. Hence, pleadings as well as procedural rules should be construed liberally. Dismissal of appeals purely on technical grounds is frowned upon because rules of procedure should not be applied to override substantial justice. Courts must proceed with caution so as not to deprive a party of statutory appeal; they must ensure that all litigants are granted the amplest opportunity for the proper and just ventilation of their causes, free from technical constraints. If the foregoing tenets are followed in a civil case, their application is made more imperative in an agrarian case where the rules themselves provide for liberal construction. It must be stressed that the purpose of the notice of appeal is not to detail one's objections regarding the appealed decision; that is the purpose of the appellants' memorandum. In the context of a DARAB case, the notice of appeal serves only to inform the tribunal or officer that rendered the appealed decision of the timeliness of the appeal and the general reason for the appeal, and to prepare the records thereof for transmission to the appellate body (RARAD, San Fernando, Pampanga, et al v. CA, et al; G.R. No. 165155. April 13, 2010).

HAM Radio, a hobby of a lifetime.

HAM Radio is my hobby. With my High Frequency (HF) Kenwood TS 430S radio, communication with the world is just amazing. Known as DU4ABA in the association of HAM radio operators around the globe, keeping in touch with people through the medium of wireless communication, without seeing or meeting them, foster international friendship and camaraderie.
Such a unique hobby, however, must not interfere with the duties you owe to your work, home & family.