Article 105Labor and Agrarian Laws and Social Legislation, p. 105

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

agency shall not be used against them to deny the

existence of their legal standing and interest in a case

filed before such courts and quasi-judicial bodies.

Section 51. Finality of Determination . — Any case or

controversy before it shall be decided within thirty (30)

days after it is submitted for resolution. Only one (1)

motion for reconsideration shall be allowed. Any order,

ruling or decision shall be final after the lapse of fifteen

(15) days from receipt of a copy thereof.

Section 52. Frivolous Appeals . — To discourage

frivolous or dilatory appeals from the decisions or orders

on the local or provincial levels, the DAR may impose

reasonable penalties, including but not limited to fines or

censures upon erring parties.

Section 53. Certification of the BARC . — The DAR

shall not take cognizance of any agrarian dispute or

controversy unless a certification from the BARC that the

dispute has been submitted to it for mediation and

conciliation

without

any

success

of

settlement

is

presented: provided, however, that if no certification is

issued by the BARC within thirty (30) days after a matter

or issue is submitted to it for mediation or conciliation the

case or dispute may be brought before the PARC.

CHAPTER XIII Judicial Review

Section 54. Certiorari . — Any decision, order, award

or ruling of the DAR on any agrarian dispute or on any

matter pertaining to the application, implementation,

enforcement, or interpretation of this Act and other

pertinent laws on agrarian reform may be brought to the

Court

of

Appeals

by

certiorari

except

as

otherwise

provided in this Act within fifteen (15) days from the

receipt of a copy thereof.

The findings of fact of the DAR shall be final and

conclusive if based on substantial evidence.

Section 55. No Restraining Order or Preliminary

Injunction . — Except for the Supreme Court, no court in

the

Philippines

shall

have

jurisdiction

to

issue

any

restraining order or writ of preliminary injunction against

the PARC, the DAR, or any of its duly authorized or

designated agencies in any case, dispute or controversy

arising from, necessary to, or in connection with the

application,

implementation,

enforcement,

or

interpretation of this Act and other pertinent laws on

agrarian reform.

Section 56. Special Agrarian Court . — The Supreme

Court shall designate at least one (1) branch of the

Regional Trial Court (RTC) within each province to act as a

Special Agrarian Court.

The Supreme Court may designate more branches to

constitute such additional Special Agrarian Courts as may

be necessary to cope with the number of agrarian cases

in each province.n the designation, the Supreme Court

shall give preference to the Regional Trial Courts which

have been assigned to handle agrarian cases or whose

presiding judges were former judges of the defunct Court

of Agrarian Relations.

The Regional Trial Court (RTC) judges assigned to said

courts shall exercise said special jurisdiction in addition to

the regular jurisdiction of their respective courts.

The Special Agrarian Courts shall have the powers

and prerogatives inherent in or belonging to the Regional

Trial Courts.

Section

57.

Special

Jurisdiction . — The Special

Agrarian

Courts

shall

have

original

and

exclusive

jurisdiction over all petitions for the determination of just

compensation to landowners, and the prosecution of all

criminal offenses under this Act. The Rules of Court shall

apply to all proceedings before the Special Agrarian

Courts, unless modified by this Act.

The

Special

Agrarian

Courts

shall

decide

all

appropriate cases under their special jurisdiction within

thirty (30) days from submission of the case for decision.

Section 58. Appointment of Commissioners . — The

Special Agrarian Courts, upon their own initiative or at the

instance of any of the parties, may appoint one or more

commissioners to examine, investigate and ascertain

facts relevant to the dispute including the valuation of

properties, and to file a written report thereof with the

court.

Section 59. Orders of the Special Agrarian Courts .

— No order of the Special Agrarian Courts on any issue,

question, matter or incident raised before them shall be

elevated to the appellate courts until the hearing shall

have been terminated and the case decided on the

merits.

Section 60. Appeals . — An appeal may be taken

from the decision of the Special Agrarian Courts by filing

a petition for review with the Court of Appeals within

fifteen

(15)

days

receipt

of

notice

of

the

decision;

otherwise, the decision shall become final.

An appeal from the decision of the Court of Appeals,

or from any order, ruling or decision of the DAR, as the

case may be, shall be by a petition for review with the

Supreme Court within a non-extendible period of fifteen

(15) days from receipt of a copy of said decision.

Section 61. Procedure on Review . — Review by the

Court of Appeals or the Supreme Court, as the case may

be, shall be governed by the Rules of Court. The Court of

Appeals,

however,

may

require

the

parties

to

file

simultaneous memoranda within a period of fifteen (15)

days

from

notice,

after

which

the case is deemed

submitted for decision.

Section 62. Preferential Attention in Courts . — All

courts in the Philippines, both trial and appellate, shall

give preferential attention to all cases arising from or in

connection with the implementation of the provisions of

this Act.

All

cases

pending

in

court

arising

from

or

in

connection with the implementation of this Act shall

continue to be heard, tried and decided into their finality,

notwithstanding the expiration of the ten-year period

mentioned in Section 5 hereof.

CHAPTER XIV Financing

Section 63. Funding Source . — The amount needed

to further implement the CARP as provided in this Act,

until June 30, 2014, upon expiration of funding under

Republic Act No. 8532 and other pertinent laws, shall be

funded

from

the

Agrarian

Reform

Fund and other

funding sources in the amount of at least One hundred

fifty billion pesos (P150,000,000,000.00).

Additional amounts are hereby authorized to be

appropriated as and when needed to augment the

Agrarian Reform Fund in order to fully implement the

provisions of this Act during the five (5)-year extension

period.

Sources of funding or appropriations shall include the

following:

(a) Proceeds of the sales of the Privatization and

Management Office (PMO);

(b) All receipts from assets recovered and from sales

of

ill-gotten

wealth

recovered

through

the

PCGG

excluding the amount appropriated for compensation to

victims of human rights violations under the applicable

law;

(c) Proceeds of the disposition and development of

the properties of the Government in foreign countries, for

the specific purposes of financing production credits,

infrastructure and other support services required by this

Act;

(d) All income and, collections of whatever form and

nature

arising

from

the

agrarian reform operations,

projects and programs of the DAR and other CARP

implementing agencies;

(e) Portion of amounts accruing to the Philippines

from

all

sources

of

official

foreign.

aid

grants and

concessional financing from all countries, to be used for

the specific purposes of financing productions, credits,

infrastructures, and other support services required by

this Act:

(f) Yearly appropriations of no less than Five billion

pesos

(P5,000,000,000.00)

from

the

General

Appropriations Act;

(g) Gratuitous financial assistance from legitimate

sources; and

© Compiled By RGL

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