DAR welcomes CA ruling on land acquisition

The Department of Agrarian Reform (DAR) welcomed the recent ruling of the Court of Appeals (CA) affirming the original and exclusive power of the department to process land acquisition and issuance of certificates of land ownership awards (CLOA).

DAR Undersecretary for Legal Affairs Luis Meinrado Pañgulayan said this upheld the agency’s quasi-judicial powers.

“This brings to an end the 20year preliminary injunction issued against the DAR and the beneficiaries of the Comprehensive Agrarian Reform Program (CARP) processes and the agrarian reform titles,” Pañgulayan added.

In July 2000, the regional trial court (RTC) of Roxas City, Capiz, acting as a Special Agrarian Court (SAC), granted the petition of landowner Nemesio Tan to issue a preliminary prohibitory injunction against the DAR and the Land Bank of the Philippines.

Tan’s agricultural lots in Roxas City and Pilar, Capiz were placed under CARP. CLOAs have also been issued to agrarian reform beneficiaries for these lots before Tan filed his complaints.

In its decision, promulgated on Aug. 29, the CA granted DAR’s petition for certiorari to review the orders of the RTC-SAC.

The CA cited Sections 56 and 57 of Republic Act No. 6657 or the Comprehensive Agrarian Reform Law of 1988 (CARL), which sets the limits of the jurisdiction of the RTC-SAC.

“The RTC-SAC was devoid of any authority to issue a writ of preliminary injunction against the DAR in relation to any case, dispute or controversy, arising from, necessary to, or in connection with the latter’s application, implementation, enforcement or interpretation of the CARL,” the CA decision read.

“Hence, the writ must therefore be stricken down as nullity,” it said.