Sunday, May 23, 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.

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