Law Summary
Scope and Applicability
- Applies to referral procedures for agrarian cases from prosecutors and courts (municipal to regional trial courts)
- Covers both criminal and civil cases related to agrarian disputes
- Exceptions are cases involving just compensation and specific criminal prosecutions under Section 57 of R.A. No. 6657
Criteria and Timing of Automatic Referral
- Referral to DAR occurs when any party allege agrarian dispute or agrarian nature and involves tenants, beneficiaries, farmers, or farmworkers
- Prosecutors must refer cases to Provincial Agrarian Reform Officer (PARO)
- In inquest procedures, if allegations arise, cases are referred immediately and respondents released
- Allegations must be written, sworn, and signed in the minutes of inquest
- Courts and judges are directed to refer agrarian dispute cases to DAR
Referral Procedure and Transmission
- Cases should be referred directly to the PARO of the area where the agricultural land is located
- If referred elsewhere, the receiving DAR office must transmit the case to the proper PARO within 24 hours
Issues for DAR Determination
- PARO's scope is limited to determining (1) whether the case is agrarian in nature, or (2) if an agrarian issue is a prejudicial question
- PARO must not address other substantive or procedural issues
Summary Investigation and Procedural Steps
- PARO assigns case to DAR Legal Division Chief or legal officer for summary investigation
- Proceedings are conducted within three days by serving parties with notices including schedule and venue
- Location preferably at municipality/barangay of subject land
- Parties must present evidence and position papers within 5 non-extendible days
- After submission or expiration, the matter is deemed submitted; no further pleadings entertained
- DAR officer files a report with findings and recommendations within 3 days after submission
- Strictly factual, no dilatory motions allowed
- Conflict of interest rules prohibit assignment of officers related to parties or serving as farmer-beneficiaries' counsel
Prima Facie Presumptions
- Presumption of agrarian dispute if:
- Previous DAR determination or pending case involving same land
- Prior labor commission findings that complainant’s farmworker was an employee
- Notice of coverage or petition under agrarian programs
- Other analogous circumstances
- Burden of proof to rebut presumption lies on opposing party
Additional Factors Indicating Agrarian Nature
- Key indicators include:
- Tenancy relationships
- Agricultural character of land
- Cases involving ejectment or removal of farmers or tenants
- Crimes linked with agrarian disputes (e.g., theft of farm produce)
- Land covered by Certificate of Land Ownership Award or similar titles
- Civil cases involving agribusiness agreements affecting agrarian rights
- Presence of one or more factors justify DAR jurisdiction
Certification by PARO
- PARO must issue certification within 48 hours after receiving DAR legal division report
- Certification categories:
- Case NOT PROPER for trial (jurisdiction belongs to DAR) – recommends dismissal
- Case NOT YET PROPER for trial due to prejudicial question – recommends archiving pending DAR determination
- Case PROPER for trial – recommends proceeding by referring court/prosecutor
- Certification includes findings of fact supporting decision
Return and Finality
- PARO returns certification and case records to referring authority within 24 hours
- PARO's recommendation is final and non-appealable within DAR process
- Parties may seek judicial review by submitting positions to referring court or prosecutor in accordance with their rules
Other Provisions
- Separability clause ensures invalidity of any provision does not affect others
- Repeals DAR Administrative Order No. 4, Series of 2009
- Applies to all cases pending at effective date
- Order takes effect upon publication in two national newspapers
This comprehensive framework ensures that cases with agrarian implications are promptly and properly referred to and decided by the DAR, preserving exclusive jurisdiction and protecting agrarian reform beneficiaries' rights while providing judicial recourse for all parties involved.