Title
Bacar vs. People
Case
G.R. No. 226098
Decision Date
Aug 23, 2023
Tenants Bacar and Mercado, declared de jure by DARAB, faced Qualified Theft charges for harvesting copra. SC ruled criminal cases dismissed, affirming DARAB's jurisdiction over agrarian disputes and tenants' rights.
criminal cases
agrarian dispute
tenants de jure
A

Case Summary (G.R. No. 110872)

Key Dates and Procedural Milestones

  • August 7, 2008: Bacar and Mercado filed a petition with the Office of the Provincial Adjudicator of the DARAB seeking reinstatement as tenants (DARAB Case Nos. R-0407-0008 to 0010-08).
  • October 8, 2008 and February 25, 2008 (as alleged): Informations for Qualified Theft filed against Bacar (Oct. 8, 2008 information alleges Feb. 24, 2008 taking) and Mercado (information alleges Feb. 25, 2008 taking), docketed as Criminal Case Nos. 23639 and 23640.
  • December 12, 2011: DARAB rendered a decision declaring Bacar and Mercado tenants de jure and ordering reinstatement.
  • November 29, 2012 and December 26, 2012: RTC Orders denying Motions to Quash based on alleged lack of jurisdiction.
  • CA decisions: CA denied Bacar’s petition (Feb. 4, 2016) and granted Mercado’s petition ordering referral (Jan. 20, 2017).
  • Supreme Court resolution: TRO issued Oct. 3, 2016; final disposition rendered Aug. 23, 2023.

Facts Relevant to the Dispute

Bacar and Mercado were copra-makers alleged to have taken sacks of copra from a plantation owned by Vicente Tan. Both were charged with Qualified Theft under Article 310 of the Revised Penal Code. Prior to or concurrent with the criminal prosecutions, DARAB adjudicated the agrarian petition and declared both individuals tenants de jure entitled to reinstatement and peaceful possession. The central contention is whether the existence of the DARAB decision and the asserted tenancy relationship divest the RTC of jurisdiction over the criminal prosecutions or otherwise negate elements necessary to sustain conviction for Qualified Theft.

Procedural History in the Regular Courts

Both accused moved to quash the Informations on grounds that the matters were agrarian in nature and therefore within the exclusive jurisdiction of the DAR under Section 50-A of R.A. No. 6657, as amended by R.A. No. 9700. The RTC denied the Motions to Quash, reasoning that the criminal charges under Article 310 involve theft and do not necessarily implicate the implementation of the Comprehensive Agrarian Reform Program (CARP) or an agrarian dispute. Bacar and Mercado separately elevated the rulings to the Court of Appeals. The CA reached divergent conclusions: it affirmed the RTC in Bacar’s case, holding the RTC had criminal jurisdiction, and it granted Mercado’s petition ordering referral to the DAR, relying on Section 50‑A and the DARAB determination of tenancy.

Statutory and Regulatory Framework Applied

  • Article 310, Revised Penal Code (Qualified Theft).
  • Batas Pambansa Blg. 129 (jurisdictional statute for crimes cognizable by first-instance courts).
  • Republic Act No. 6657 (Comprehensive Agrarian Reform Law), as amended by R.A. No. 9700 — Section 50‑A (automatic referral to DAR where allegation of agrarian nature and one party is a farmer/farmworker/tenant).
  • OCA Circular No. 62‑10 (implementation guidance to courts to observe Section 50‑A).
  • DAR Administrative Orders No. 04‑09 and No. 03‑11 (revised rules on referral, PARO procedures, and criteria including prima facie presumption where DAR has previously determined agrarian nature).
  • A.O. No. 03‑11 provisions: scope of covered cases (civil/criminal except specific exceptions), issues PARO may determine, prima facie indicators (e.g., prior DAR determination, existence of tenancy), certification timelines and effect, and that PARO recommendation is final within administrative process but subject to judicial recourse.

Legal Issue Presented

Whether the RTC had jurisdiction to try the criminal cases for Qualified Theft against Bacar and Mercado despite the DARAB decision declaring them tenants de jure and adjudicating an agrarian dispute; and, if jurisdiction exists, whether the DARAB determination affects the sufficiency of elements required for conviction of Qualified Theft.

Supreme Court’s Analysis: Mandatory Referral Doctrine and Requisites

The Court reaffirmed the twin requisites established under Section 50‑A and relevant jurisprudence (Chailese Development Co., Dayrit): (1) an allegation by any party that the case is agrarian in nature; and (2) one of the parties is a farmer, farmworker, or tenant. Upon concurrence of these requisites, a judge or prosecutor is obligated to refer the matter to the DAR for a determination whether an agrarian dispute exists. The implementing rules and circulars (OCA Circular No. 62‑10; A.O. No. 03‑11) concretize referral mechanics, list factors creating a prima facie presumption (including a prior DAR determination involving the same landholding), and direct PARO’s certification process and limited scope of inquiry.

Effect of a DARAB Determination on Criminal Prosecutions

The Court emphasized that a DARAB decision adjudging tenancy and an agrarian dispute creates a prima facie presumption under A.O. No. 03‑11 that the case is agrarian and within DAR’s primary jurisdiction. The Court noted precedents (Ligtas v. People) recognizing that a DARAB finding that the accused is a bona fide tenant can negate critical elements of theft (notably the element that the taking was without the owner’s consent) because tenants have entitlement to harvest produce and thus legitimate authority that may preclude a finding of theft. The Court therefore treated the DARAB determination as materially relevant to the sufficiency of prosecution evidence in criminal cases concerning agricultural produce.

Application to the Present Cases and Court’s Rationale

  • The Court found both twin requisites satisfied: the accused alleged the agrarian nature of the case and had been declared tenants de jure by DARAB. The DARAB decision thus supplied a prima facie presumption that the criminal cases were agrarian in nature and properly within DAR’s primary jurisdiction under Section 50‑A.
  • Although the procedures in A.O. No. 03‑11 were not strictly followed (i.e.

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