REORGANIZING THE COURTS OF AGRARIAN RELATIONS, STREAMLINING THEIR PROCEDURES, AND FOR OTHER PURPOSES.

• Number: Presidential Decree No. 946
• Sections: 24

Preamble

WHEREAS, the present organizational, operational and

procedural set-up of the Courts of Agrarian Relations is not conducive

to the effective and efficient implementation of the objectives of the

accelerated agrarian reform program;

WHEREAS, the inferior economic, intellectual, social

political and cultural position of the tenant-tillers require suitable

changes in the structure, manner of operation and rules of procedure of

Courts of Agrarian Relations as well as in the orientation of persons

having anything to do with agrarian law and reform if they are to render

justice and help attain the emancipation of the tenant-tillers as

provided in the Constitution; and

WHEREAS, there is, therefore, an imperative need to

reorganize the Courts of Agrarian Relations and to streamline their

procedures to achieve a just, expeditious and inexpensive disposition of

agrarian cases, and to make the said Courts responsive to the goals of

the New Society.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution,

do hereby order and decree:

Section 1 The Courts of Agrarian Relations; Supervision.

SECTION 1. The Courts of Agrarian Relations; Supervision.—The

Courts of Agrarian Relations organized and established under Republic

Act Numbered thirty-eight hundred and forty-four, as amended, are hereby

reorganized and their procedures streamlined in conformity with the

provisions of this Decree.

The Supreme Court shall continue to exercise administrative

supervision over said Courts.

Section 2 Regional Districts, Stations; Residences of Judges.

SEC. 2. Regional

Districts, Stations; Residences of Judges.—The Districts of the

Courts of Agrarian Relations shall be the same as those of the Courts

of First Instance. The stations of the respective Courts shall be

determined by the Supreme Court, except that the Executive Judge shall

have his Station in Metropolitan Manila, without Prejudice to his

holding court in any District where the exigencies of the service so

require.

Until otherwise provided by the Supreme Court, the

branches (salas) of the Courts shall be stationed as follows :

First Regional District: Branch I—Tuguegarao, Cagayan; Branch

II—Ilagan, Isabela; Branch III—Santiago, Isabela; Branch IV—Bayombong,

Nueva Vizcaya; and Branch V—Cabarroguis, Quirino;

Second Regional District: Branch I—Laoag City; Branch II—San

Fernando, La Union; and Branch III— Tabuk, Kalinga-Apayao;

Third

Regional District: Branch I—Lingayen, Pangasinan; Branch II—Urdaneta,

Pangasinan; Branch III— Tayug, Pangasinan; and Branch IV—Iba, Zambales;

Fourth Regional District: Branch I—Cabanatuan City; Branch II—Guimba,

Nueva Ecija; Branch III—San Jose City; Branch IV—Gapan, Nueva Ecija;

Branch V—Tarlac, Tarlac; and Branch VI—Paniqui, Tarlac;

Fifth

Regional District: Branch I—San Fernando, Pampanga; Branch II—Angeles

City; Branch III—Guagua, Pampanga; Branch IV—Balanga, Bataan; Branch

V—Malolos, Bulacan; and Branch VI-Baliuag, Bulacan;

Sixth

Regional District: Branch I—Metropolitan Manila (Sala of the Executive

Judge);

Seventh Regional District: Branch I—Pasig, Rizal; Branch

II—Cavite City; and Branch III—Puerto Princesa City;

Eight Regional District: Branch I—Calamba, Laguna; Branch II—San

Pablo City; Branch III—Lipa City; Branch IV—San Jose, Occidental

Mindoro; and Branch V—Calapan, Oriental Mindoro;

Ninth Regional

District: Branch I—Lucena City; Branch II—Gumaca, Quezon; and Branch

III—Baler, Quezon;

Tenth Regional District: Branch I—Daet,

Camarines Norte; Branch II—Naga City; Branch III—Legaspi City; and

Branch IV—Sorsogon, Sorsogon;

Eleventh Regional District: Branch

I—Iloilo City; Branch II—San Jose, Antique; Branch III—Roxas City; and

Branch IV—Kalibo, Aklan;

Twelfth Regional District: Branches I

and II—Bacolod City; Branch III—San Carlos City; and Branch IV—Dumaguete

City;

Thirteenth Regional District: Branch I—Ormoc City; Branch

II—Tacloban, Leyte; and Branch III—Catarman, Northern Samar;

Fourteenth Regional District: Branch I—Cebu City;

Fifteenth Regional District: Branch I—Butuan City; Branch

II—Surigao City; and Branch III—Tandag, Surigao del Sur; and

Sixteenth Regional District: Branch I—Davao City; Branch

II—Cotabato City; Branch III—Ozamis City; Branch IV—Pagadian City;

Branch V—Cagayan de Oro City; and Branch VI—Iligan City.

In the

interest of justice, the Supreme Court may transfer stations within the

District and establish new Branches (salas).

Every Judge shall

reside within a distance of not more than fifty (39) kilometers by the

most direct transportation route from his official station.

SEC.

3. Judges of the Courts of Agrarian Relations.— The

functions of the Courts of Agrarian Relations shall be vested in an

Executive Judge and the District Judges. They shall be appointed by the

President of the Philip pines; Provided, however, That the

incumbent Executive judge and District Judges at the time of the

effectivity of this Decree shall continue as Judges without need of new

appointments. Upon the effectivity of this Decree, the said Executive

Judge shall continue to exercise the administrative functions over the

Courts of Agrarian Relations except as otherwise herein provided.

In the event that the Executive Judge is incapacitated to discharge his

duties, temporarily or otherwise, the Chief Justice shall designate an

Acting Executive Judge from among the District Judges of the Courts of

Agrarian Relations.

Section 4 Qualifications of Judges; Tenure of Office; Compensation.

SEC. 4. Qualifications of Judges;

Tenure of Office; Compensation.—No person shall be appointed as

Executive Judge or Regional District, Judge of the Courts of Agrarian

Relations unless he (a) is a natural born citizen of the. Philippines;

(b) has practiced law in the Philippines for a period of not less than

ten (10) years or has held during a like period an office requiring

admission to the practice of law as an indispensable requisite; and (c)

has had at least four (4) years of experience and background in agrarian

relations law or agrarian reform before, during or after such period of

practice or tenure of office; Provided, however, That in

exceptionally meritorious cases, this qualification may be dispensed

with.

Judge of the Courts of Agrarian Relations shall serve

during good behavior, until they reach the age of sixty-five (65) years

or become incapacitated to discharge the duties of their office, unless

sooner removed from office in accordance with law-

Judges of the

Courts of Agrarian Relations shall receive the same compensation as

Judges of the Courts of First Instance. The Executive Judge shall

receive such additional compensation and emoluments as may be authorized

by the Supreme Court.

Section 5 Retirement and Leave Privileges; Traveling Expenses.

SEC. 5. Retirement and Leave

Privileges; Traveling Expenses.—Judges of the Courts of Agrarian

Relations shall be entitled to the same retirement and leave privileges

now granted or that may hereafter be granted to Judges of the Courts of

First Instance. They shall be entitled to traveling expenses as provided

for by law.

Section 6 Assignment of Judges to Vacation Duty.

SEC. 6. Assignment of Judges to Vacation Duty.—The

assignment of Judges of the Courts of Agrarian Relations to vacation

duty shall be made by the Chief Justice in consultation with the

Executive Judge.

Section 7 Oath of Office.

SEC. 7. Oath of Office.—Before entering upon the

discharge of the duties of his office, every Judge shall take and

subscribe to an oath of office as prescribed by the Supreme Court, and

shall submit to the latter a sworn statement to the effect that all

applicable agrarian laws have been observed on his lands, if any, in

those of his wife and minor children.

Section 8 Division of Business Among Branches.

SEC. 8. Division

of Business Among Branches.—Responsibility for official business

appertaining to the Courts of Agrarian Relations of each Regional

District, where there are two or move Branches, shall be equitably

distributed among the Branches as may be agreed upon by the Judges

themselves. Should the Judges fail to agree, then the Executive Judge

shall make the proper dislribution.

Section 9 Period for Resolution and/or Decision: Certification.

SEC. 9. Period for Resolution and/or Decision:

Certification.—Every Judge of the Courts of Agrarian Relations shall

resolve, within a period of fifteen (15) days from submission by the

parties, all petitions, incidents and motions, and decide all cases

submitted for decision within a period of thirty (30) days. He shall, at

the end of each month, so certify in writing his compliance with the

foregoing, and no leave shall be granted and no salary shall be paid

without such certificate.

For cases pending decision at the time this Decree takes effect,

the period shall be counted from the completion and submission of the

transcript of stenographic notes. The stenographers concerned shall

submit said transcript not later than thirty (30) days from the

effectivity of this Decree.

Section 10 Time and Place of Holding Court.

SEC. 10. Time and Place of

Holding Court.—Sessions of the Courts of Agrarian Relations shall be

held on all working days when there are cases ready for trial or

incidents set for hearing. The Judge shall extend the sessions whenever

necessary. The hours for the daily business of the Court shall be from

eight o'clock in the morning to twelve o'clock noon and from one to five

o'clock in the afternoon.

Sessions of the Courts of Agrarian

Relations shall be held at the official stations of the respective

Branches: Provided, however, that whenever necessary in the

interest of just, expeditious and inexpensive administration of justice,

a Judge shall hold court in any appropriate place in the municipality,

where the subject matter of the dispute is located, preferably in the

barrio or barangay center.

Section 11 Detail of Judges.

SEC. 11. Detail of Judges.—Whenever the condition

of the docket of any Branch within any District requires the assistance

of an additional Judge or Judges, or when there is any vacancy therein,

the Executive Judge may assign any Judge of that District whose docket

permits his temporary absence from his Court, to hold sessions in the

Branch needing such assistance or where the vacancy exists.

Any Judge may be detailed outside his District by the Chief

Justice upon consultation with the Executive Judge.

Whenever a

Judge of any Branch of the Courts of Agrarian Relations is assigned,

transferred or detailed to another Branch or District or to another

court of equal rank or jurisdiction without having decided a case

totally heard by him and which was duly argued or in which opportunity

for argument was given to the parties or their counsel, he shall prepare

and sign his decision in said case anywhere within the Philippines and

send the same by registered mail to the clerk of court to be filed in

the proper Branch as of the date when the same was received by the

clerk, which shall to all legal intents and purposes have the same

effect as if the Judge were present in the court to direct the filing of

the judgment: Provided, however, That if a case has been heard

only in part, the Chief Justice, upon petition of any of the interested

parties to the case, may authorize the Judge who has partly heard the

case to continue hearing and to decide said case notwithstanding his

assignment to another Branch or District, under such conditions as the

Chief Justice may specify.

Section 12 Jurisdiction over Subject Matter.

SEC. 12. Jurisdiction over

Subject Matter.—The Courts of Agrarian Relations shall have original

and exclusive jurisdiction over:

Cases involving the rights and obligations of per sons in the

cultivation and use of agricultural land except those cognizable by the

National Labor Relations Com mission; Provided, That no case

involving the determination of rentals over any kind of tenanted

agricultural land shall be taken cognizance of by the Courts of Agrarian

Relations unless there has been a prior fixing of provision rental by

the Department of Agrarian Reform, except that the tenant-farmer may

directly bring the case for immediate determination by the Courts of

Agrarian Relations;

Questions involving rights granted and obligations imposed by

laws, Presidential Decrees, Orders, Instructions, Rules and Regulations

issued and promulgated in relation to the agrarian reform program;

Provided, however, That matters involving the administrative

implementation of the transfer of the land to the tenant-farmer under

Presidential Decree No. 27 and amendatory and related decrees, orders,

instructions, rules and regulations, shall be exclusively cognizable by

the Secretary of Agrarian Reform, namely:

classification and identification of landholdings;

identification of tenant-farmers and land-owners, and

determination of their tenancy relationship;

parcellary mapping;

determination of the total production and value of the

land to be transferred to the tenant-farmer;

issuance, recall or cancellation of certificates of land

transfer in cases outside the purview of Presidential Decree

No. 816;

right of retention of the landowner;

right of the tenant-farmer to a home lot;

disposition of the excess area in the tenant's farmholding;

change of crop from rice and/or coin to any other agricultural

crop;

issuance of certification for the conversion of tenanted rice

and/or corn land for residential, commercial, industrial, or other

urban purposes, it being understood that the authority to issue

certificates for conversion of other kinds of tenanted agricultural land

for the same purposes re mains vested in the Secretary of

Agrarian Reform;

transfer, surrender or abandonment by the tenant-farmer of his

farmholding and its disposition; and

ncrease of tillage area by a tenant-farmer;

Provided, further, That the decision of the Secretary of

Agrarian Reform may be appealed to the President of the Philippines.

Cases involving the collection of amortizations on payments for

lands acquired under Presidential Decree No. 27, as amended,

Commonwealth Act Numbered twenty, as amended, Commonwealth Act Numbered

five hundred thirty-nine, as amended, Republic Act Numbered eleven

hundred and sixty, as amended, Republic Act Numbered fourteen hundred,

as amended, Republic Act Numbered thirty eight hundred and forty-four.

as amended, and other related laws, decrees, orders, instructions, rules

and regulations, as well as payment for residential, commercial and

industrial lots within the settlement and resettlement areas under the

administration and disposition of the Department of Agrarian Reform;

Cases involving collection of amortizations on payments for farm

machineries and implements distributed and sold by the Department of

Agrarian Reform and the Land Bank of the Philippines to tenant-farmers,

agricultural lessees, settlers, owner-cultivators, amortizing

owner-cultivators, the Samahang Nayon, compact farms, farmers

cooperatives, and other registered farmers' associations or

organizations, as well as payment for indebtedness of settlers by

reason of the assistance given them by the Department of Agrarian Reform

in the form of seeds, work animals, houses, subsistence,

transportation, medicines, farm implements, tools, and the like;

Cases involving collection of amortizations on payments for

irrigation systems and/or water rights grants, as well as irrigation

fees, charge and/or rentals;

Cases involving collection of rentals on agricultural lands

leased by the Department of Agrarian Reform or Land Bank and collection

of agricultural loans granted to tenant-farmers, agricultural

lessees, settlers, owner-cultivators, amortizing owner-cultivators,

the Samahang Nayon, compact farms, farmers' cooperatives and other

registered farmer associations or organizations;

Cases involving the annulment or rescission of lease contracts

and deeds of sale, and the cancellation or amendment of titles

pertaining to agricultural lands under the administration and

disposition of the Department of Agrarian Reform and the Land Bank, as

well as emancipation patents issued under Presidential Decree No. 266,

home stead patents, free patents, and miscellaneous sales patents to

settlers in settlement and resettlement areas under the administration

and disposition of the Department of Agrarian Reform;

Cases involving boundary disputes over lands under the

administration and disposition of the Department of Agrarian Reform and

the Land Bank, which are transferred, distributed and/or sold to

tenant-beneficiaries and are covered by deeds of sale, patents and

certificates of titles;

Cases arising out of, or in connection with, member ship in the

Samahang Nayon, compact farms, farmers' cooperatives and ether

registered farmers' associations or organizations, and the rights and

obligations arising from such membership;

Cases arising directly or indirectly between corporations or

partnerships covered by General Order No. 47 and tenant-farmers,

agricultural lessees, settlers, owner-cultivators, amortizing

owner-cultivators, the Samahang Nayon, compact farms, farmers'

cooperatives, and other registered farmers' associations or

organizations, and between such corporation or partnership and other

corporations, partnership, associations or single proprietorships where

the questions involved affects the rights and interests of the persons

herein mentioned;

Cases involving the determination of title to agricultural lands

where this issue is raised in an agrarian dispute by any of the parties

or a third person in connection with the possession thereof for the

purpose of preserving the tenure of the agricultural lessee or actual

tenant-farmer and effecting the ouster of the interloper or intruder in

one and the same proceeding:

Cases involving the sale, alienation, mortgage foreclosure,

pre-emption and redemption of tenanted agricultural land;

Cases involving expropriation of all kinds of land in furtherance

of the agrarian reform program;

Expropriation proceedings for public purpose of all kinds of

tenanted agricultural land, whether instituted by the State, its

political subdivisions and instrumentalities, or corporations and

entities authorized by law to expropriate;

Cases involving acquisition by the Department of Agrarian Reform

of irrigation system and/or water rights grants for the benefits of

tenant-farmers, agricultural lessees, settlers, owner-cultivators,

amortizing owner-cultivators, the Samahang Nayon, compact farms,

farmers' cooperatives, and other registered farmers' associations or

organizations, the Department of Agrarian Reform being hereby vested

with the authority to construct irrigation systems and apply for water

rights grants for the purpose herein provided;

Ejectment proceedings instituted by the Department of Agrarian

Reform and the Land Bank involving lands under their administration and

disposition, except urban properties belonging to the Land Bank;

Cases involving violations of the penal provisions of Republic Act

Numbered eleven hundred and ninety-nine, as amended, Republic Act

Numbered thirty eight hundred and forty-four, as amended, Presidential

Decrees and laws relating to agrarian reform; Provided, however,

That violations of the said penal provisions committed by any Judge

shall be tried by the courts of general jurisdiction; and

Violations of Presidential Decrees Nos. 815 and 816. No

tenant-farmer in agricultural lands primarily devoted to rice and/or

corn shall be ejected or removed from his farm-holding until such time

as the respective rights of the tenant-farmer and the landowner shall

have been determined in accordance with rules and regulations

implementing Presidential Decree No. 27.

No Judge of the Courts of Agrarian Relations, Courts of First

Instance, municipal or city courts, or any other tribunal or fiscal

shall take cognizance of any ejectment case or any other case designed

to harass or remove a tenant of an agricultural land primarily devoted

to rice and/or corn, unless certified by the Secretary of Agrarian

Reform as a proper case for trial or hearing by a court or Judge or

other officer of competent jurisdiction, and if any such case is filed,

the case shall first be referred to the Secretary of Agrarian Reform or

his authorized representative in the locality for a preliminary

determination of the relationship between the contending parties. If the

Secretary of Agrarian Reform or his authorized representative in the

locality finds that the case is a proper case for the Court or Judge or

other hearing officer to hear, he shall so certify and such court, Judge

or other hearing officer may assume jurisdiction over the dispute or

controversy.

The preliminary determination of the relationship

between the contending parties by the Secretary of Agrarian Reform or

his authorized representative, is not binding upon the court, Judge or

hearing officer to whom the case is certified as a proper case for

trial. Said court, Judge or hearing officer, after hearing, may confirm,

reverse or modify said preliminary determination as the evidence and

substantial merits of the case may warrant.

Section 13 Territorial Jurisdiction; Venue of Action.

SEC. 13. Territorial

Jurisdiction; Venue of Action.—All actions except criminal cases

falling within the jurisdiction of the Courts of Agrarian Relations

shall be commenced by a written complaint filed with the office of the

clerk of court of the Branch within whose territorial jurisdiction the

land directly involved is situated.

Every Branch shall have

territorial jurisdiction over all cases directly involving lands within

the entire Regional District where its official station is located.

Where a party questions the territorial jurisdiction of a Branch, said

Branch shall forthwith determine whether the land directly involved in

the proceeding is within its territorial jurisdiction. Upon finding the

contrary, the said Branch shall promptly forward the case to the Branch

within whose territorial jurisdiction the land subject matter of the

case is located.

Where the land directly involved straddles two

or more Regional Districts, the Branch in any of the said Districts

where the case is first instituted, shall have exclusive territorial

jurisdiction.

If there be any conflict of territorial

jurisdiction between Courts of two or more Regional Districts, the

Supreme Court shall resolve such conflict administratively.

Where

the land involved is located within a Regional District, but the case

is filed in a Branch in another Regional District, and none of the

parties objects, that Branch shall proceed to hear the case and decide

it on the merits. Where any of the parties objects, but the Branch is of

the opinion that it has territorial jurisdiction, it shall likewise

proceed to hear the case and decide it on the merits. If on appeal the

appellate court finds that the Branch had no territorial jurisdiction

over the case, it shall nevertheless decide the appeal on the merits.

Where the question of territorial jurisdiction is not raised in the

Courts of Agrarian Relations, all parties are estopped from raising the

issue on appeal or in any other proceeding.

Any problem of

territorial jurisdiction not covered by the foregoing provisions shall

be governed by rules to be promulgated by the Supreme Court.

In

the cases covered by paragraph (f), (i) and (j) of the preceding

section, where one of the parties involved is a tenant-farmer,

agricultural lessee, settler, owner-cultivator or amortizing

owner-cultivator, the action shall be commenced and tried in the

Regional District where the farmholding of such party is located. Where

the action is between parties other than those enumerated, the action

shall be commenced and tried in the regional District where the main

office of the Samahang Nayon, compact farm, farmers' cooperative or

registered farmers' association or organization is located. Where the

action is between a corporation or partnership covered by General Order

No. 47, and any other corporation, partnership, association or single

proprietorship, the action shall be commenced and tried in the Regional

District where the main office of any of the parties is located.

SEC.

14. Powers of Courts of Agrarian Relations.—Every Court of

Agrarian Relations shall have all the powers and prerogative inherent in

or belonging to the Court of First Instance, including the following:

To punish for direct and indirect contempt;

To preserve and enforce order in its immediate presence;

To enforce order in proceedings before it, or before a person or

persons empowered to conduct a judicial investigation under its

authority;

To compel obedience to its judgments, orders and processes, and

to the lawful orders of a Judge out of court, in a case pending therein;

To control, in furtherance of justice, the conduct of its

ministerial officers, and of all other persons in any manner connected

with a case before it, in every manner appertaining thereto;

To compel the attendance of persons to testify in a case pending

therein;

To administer or cause to be administered oaths in a case pending

therein, and in all other cases where it may be necessary in the

exercise of its powers;

To amend and control its processes and orders so as to make them

conformable to law and justice;

To authorize a copy of a lost or destroyed pleading or other paper

to be filed and used instead of the original, and to restore, and

supply deficiencies in its records and proceedings:

To require the assistance of all agencies and offices of the

Government in the performance of its duties without additional

compensation: and

To allow duly authorized leaders of duly registered farmers'

organizations to appear as counsel for their respective members and/or

organizations, subject to the basic duties and obligations of officers

of the court. Upon appeal, however, the parties shall be represented by

members of the Bar only.

Courts of Agrarian Relations may employ all auxiliary writs,

processes and other means necessary to carry their jurisdiction into

effect.

All writs and processes issued by the Courts of. Agrarian

Relations shall be served and executed free of charge by provincial or

city sheriffs, or by any person authorized by the said Courts, in the

same manner as writs and processes of Courts of First Instance.

SEC.

15. Disqualification of Judges.—No Judge of the Courts of

Agrarian Relations shall sit in any case in which he, or his wife or

child, is pecuniarily interested as heir, legatee, creditor or

otherwise, or in which he is related to either party within the sixth

degree of consanguinity or affinity, or to counsel within the fourth

degree, computed according to the rules of the civil law, or in which he

has been executor, administrator, guardian, trustee or counsel. without

the written consent of all parties in interest, signed by them and

entered upon the record.

Section 16 Rules of Procedure.

SEC. 16. Rules of Procedure.—The

Court of Agrarian Relations shall adopt uniform rules of procedure on

matters not provided for in this Decree in order to achieve a just,

expeditious and inexpensive determination of every action or proceeding

filed before them. The Rules of Court shall not be applicable to

agrarian cases, even in a suppletory character. It is the spirit and

intention of this Decree that the Courts of Agrarian relations shall

utilize and employ every and all reasonable means to ascertain the facts

of every case in accordance with justice and equity and the merits of

the case, without regard to technicalities of law and procedure. To this

end, each Court of Agrarian Relation shall have the authority to adopt

any appropriate measure or procedure in any situation or matter not

provided for or covered by this Decree and in the uniform rules of

procedure of the Court of Agrarian Relations. All such special measures

or procedures, and the situations to which they are applied shall be

reported to the Supreme Court by the individual Judges through the

Executive Judge who shall furnish copies of such reports to all the

other Judges.

Where there is doubt in the application of the

uniform rules or in the construction and interpretation of this Decree

or of any contract between the parties, the doubt shall be resolved in

favor of the tenant-farmers, agricultural lessees, settlers,

owner-cultivators, amortizing owner-cultivators, the Samahang Nayon.

compact farms, farmers' cooperatives and other registered farmers'

associations or organizations.

In criminal and expropriation

cases the Rules of Court shall apply.

In the hearing,

investigation and determination of any question or controversy,

affidavits and counter-affidavits may be allowed and are admissible in

evidence.

Direct testimonies of witnesses shall be in narrative

form subject to cross examination.

In cases where the tenurial

status of a person is in issue, the Court of Agrarian Relations shall

not issue an order restraining the actual tiller from cultivating the

land, or impounding the harvest without providing him with at least

fifty percent of the net harvest.

Should the impounding of the

harvest be at the instance of the landholder, he shall file a cash bond

to be fixed by the Court, to answer for such damages as may be suffered

by the tiller who is found to be a lawful tenant. In case of the

malicious denial of the tenancy relationship by the landholder, he shall

be subject to the payment of exemplary damages equivalent to at least

the value of the harvest impounded.

Where a party is a

tenant-farmer, agricultural lessee or tiller, settler, or amortizing

owner-cultivator, he shall be entitled to the rights of a pauper and/or

indigent litigant and the privileges of an indigent litigant under

Republic Act Numbered sixty hundred and thirty-five without further

proof thereof. He shall continue to enjoy such status as pauper and/or

indigent litigant in the appellate courts and until the case is finally

disposed of.

An agricultural tiller, tenant or lessee who has

been allowed to litigate as a pauper and/or indigent litigant shall be

entitled to the issuance of a duly certified copy of the transcript of

stenographic notes of the hearing, which shall be given to him free of

charge. Any undue delay in the transcription of the stenographic notes

or in the issuance of a duly certified copy of said transcript in favor

of said party and any charging of fees against him in connection

therewith shall be dealt with administratively.

Section 17 Pleadings; Hearings; Limitation on Postponements.

SEC. 17. Pleadings;

Hearings; Limitation on Postponements.—The defendant shall file his

answer to the complaint (not a motion to dismiss), within a

non-extendible period of ten (10) days from service of summons, and the

plaintiff shall file his answer to the counterclaim, if there be any,

within a non-extendable period of five (5) days. There shall be no

declaration of default for failure to file the answer within the period

herein provided. Immediately upon receipt of the last pleading

completing the joinder of issues, or the expiration of the period for

filing the same, the Court shall set the case for hearing. On the date

of hearing but before actually receiving evidence on the case, the Court

shall endeavor to settle the case amicably, Provided, That in no

case shall any amicable settlement work out to give the agricultural

lessee or tenant less rights, benefits or advantage than the law grants

him; and, Provided, further, That a judgment approving such

amicable settlement shall not be executory until after fifteen (15) days

from notice. If an agreement as to the whole or any part of the case is

arrived at, the same shall be reduced to writing, signed and

acknowledged by the parties and counsels, if present, before the Judge

which shall be the basis of a decision. Where no such agreement is

affected, the Court shall proceed with the trial, which shall be

continuous until terminated. The absence of counsel of any or both the

parties shall not be a ground for postponement or continuance, provided

they were duly notified. No motion to dismiss shall be entertained at

any stage of the proceedings.

No order of the Courts of Agrarian

Relations on any issue, question, matter or incident raised before them

shall be contested in any action or proceeding before the appellate

courts until the hearing shall have been terminated and the case decided

on the merits.

Section 18 Appeals.

SEC. 18. Appeals.—An appeal may be

taken to the Court of Appeals y giving an oral or written notice of

appeal with the trial court within the period of fifteen (15) days from

notice of order or decision. A copy of the written notice of appeal

shall be served within the same period upon the adverse party. In case

the notice of appeal is orally made, the clerk of court shall reduce the

same to writing, which shall be signed by the appellant and a copy

thereof served within the same period by the clerk of court to the

adverse party.

In case a motion for reconsideration is filed

within that Period of fifteen (15) days, the notice of appeal shall be

filed within ten (10) days from notice of the resolution denying the

motion for reconsideration. Only one motion for reconsideration shall be

allowed a party.

The Court of Appeals shall affirm the decision

or order or the portions thereof appealed from if the findings of fact

in the said decision or order are supported by substantial evidence as

basis thereof, and the conclusions stated therein are not clearly

against the law and jurisprudence. The Court of Appeals shall not be

precluded from taking into consideration any issue, question or

incident, even if not raised, if resolution thereof is necessary for a

complete and just disposition of the case.

The Court of Agrarian

Relations shall forward to the Court of Appeals the complete records of

the case within a non-extendible period of fifteen (15) days from

receipt of a notice of appeal, if no motions for reconsideration are

filed. In the event that motions for reconsideration are filed, the

records shall be forwarded to the appellate court within a like period

from receipt by the party concerned of the denial of the last motion for

reconsideration.

Appeal shall not stay the decision or order

except where the ejectment of a tenant-farmer, agricultural lessee or

tiller, settler, or amortizing owner-cultivator is directed.

Upon

receipt of the records of the case from the Court of Agrarian

Relations, the Court of Appeals may, if it deems necessary, require the

parties to file simultaneous memoranda within a non-extendible period of

fifteen (15) days from notice; the appellate court shall decide the

case within thirty (30) days from receipt of said records or memoranda.

No motion for rehearing or reconsideration shall be allowed in the

Court of Appeals.

All cases of the Courts of Agrarian Relations

now pending before the Court of Appeals shall remain in the Divisions to

which they have been assigned, and shall be within sixty (60) days from

the effectivity of this Decree: Provided, however, That if the

decision or order be an affirmance in toto of the dispositive

conclusion of the judgment appealed from, then the Court of Appeals may,

instead of rendering an extended opinion, indicate clearly the trial

court's findings of fact and pronouncements of law which have been

adopted as basis for the affirmance.

Upon the effectivity of this

Decree, the Court of Appeals shall designate at least two (2) of its

Divisions to which all appealed agrarian cases shall be assigned, and

these cases shall have priority over other cases.

The decisions

or orders of the Court of Appeals may be appealed to the Supreme Court

by petition for review on certiorari only on questions of law, within a

non-extendible period of thirty (30) days from receipt by the appellant

of a copy of the decision or order.

Section 19 Exercise by the Supreme Court of its Rulemaking Power.

SEC. 19. Exercise

by the Supreme Court of its Rulemaking Power.—In order to achieve a

just, expeditious and inexpensive disposition of agrarian cases, the

Supreme Court, in the exercise of its rule-making power, may supplement,

modify, alter and/or amend the rules of practice and procedure herein

provided, as well as such additional rules of practice and procedure as

may be promulgated by the Courts of Agrarian Relations.

SEC.

20. Monthly Report.—Every Court of Agrarian Relations shall

submit to the Supreme Court within the first ton days of each month a

brief report for the previous month, showing the number and nature of

cases filed and tried, the places of hearing, and the status of each

case.

A copy of the report shall be furnished the Executive Judge

with copies of the decisions rendered and orders issued during the

month. Such decisions and orders shall be complied by the Executive

Judge, and decisions and orders in important cases shall be reported by

him in appropriate form, furnishing the Supreme Court, the Court of

Appeals and the Department of Agrarian Reform, copies thereof together

with their syllabi.

Section 21 Courtrooms, Offices and Facilities.

SEC. 21. Courtrooms, Offices and

Facilities.—The court-rooms and offices of the Courts of Agrarian

Relations in the provinces shall be provided by the respective

provincial governments; Provided, however, That where a Court is

stationed within a city the expenses therefore shall be shared equally

between the provincial and city governments, The courtrooms and offices

shall be located, whenever possible, in the same buildings as the Court

of First Instance. Expenses for the maintenance, equipment, supplies,

servicing, repair and alteration thereof shall be borne by the national

government.

Section 22 Administrative Provisions.

SEC. 22. Administrative Provisions.—Until

otherwise provided by the Supreme Court each Branch shall have a

personnel complement composed of one(l) clerk of court and ex-officio

sheriff, one (1) deputy clerk of court, one (1) legal researcher, four

(4) court stenographers, one (1) interpreter, two (2) clerks, one (1)

deputy sheriff, one (1) bailiff, one (1) janitor, one (1) driver, and

two (2) security guards. The personnel complement of the Central Office

of the Court shall be composed of (A) Office of the Executive Judge—One

(1) private secretary, one (1) executive Assistant, one (1)

clerk-stenographer, one (1) driver and one (1) messenger; (B) Management

Staff—One (1) head of staff, one (1) assistant head of staff, two (2)

management analysts, two (2) statisticians, one (1) personnel analyst,

two (2) field auditors, and one (1) clerk-typist;(C) Finance

Division—one (1) chief, one(l)assistant chief, and one (1) clerk; and in

its Budget Section— one (1) chief, one (1) budget analyst and three (3)

fiscal clerks; in its Accounting Section—one (1) chief, one (1)

accountant, three (3) accounting clerks, two (2) book-keepers, three

(3) clerks and two (2) typists; and in its Cash Section—one (1) cashier,

two (2) cash clerks, and one (1) clerk-typist; (D) Administrative

Division—one, chief, one (1) assistant chief, two (2) clerks and one (1)

stenographer; and in its Personnel Section—one (1) chief, one (1)

training officer, two (2) personnel clerks, two (2) leave clerks and one

(1) clerk-typist; in its Records Section—one (1) chief, two (2) records

clerks and two (2) filers; in its Property Section—one (1) chief, one

(1) property clerk, two (2) stock clerks, and two (2) laborers; in its

Medical Section—one (1) physician, one (1) dentist, one (1) dental aid

and one (1) nurse; and in its General Service Section—one (1) chief, one

(1) chief security guard, eight (8) security guards, two (2) auto

mechanics, two (2) laborers, two (2) drivers, one (1) electrician and

five (5) janitors; and (E) Legal Division— One (1) chief, one (1)

assistant chief, and one (1) clerk-typist; and in its Research

Section—one (1) chief, eight (8) attorneys and one (1) steno-typist; in

its Publication Section—one (1) chief, two (2) attorneys, two (2)

steno-typists; two (2) syllabi writers, one (1) mimeograph operator and

one (1) janitor; and in its Library Section—one (1) librarian, one (1)

library assistant and one (1) laborer.

The positions of

Commissioners are hereby abolished.

The Supreme Court is hereby

vested with authority to convert, consolidate, merge or abolish such

offices, services, divisions, staff units and positions in the Court of

Agrarian Relations, provide for or modify staffing patterns and salary

scales, and create special positions to suit the particular needs of any

Branch of the Courts, in order to allow them to effectively and

expeditiously carry out their functions under this Decree. In the

interest of the public service, the Chief Justice may, upon

recommendation of the Judge of the Court of Agrarian Relations

concerned, authorize the substitution of other positions in lieu of

those provided herein.

The salaries of officials and employees in

the Central Office and in the Branches of the Court shall be determined

by the Supreme Court.

All officials and employees of the Central

Office and the Branches of the Court shall be appointed by the Chief

Justice in accordance with civil service laws, rules and regulations.

The present officials and employees of the Courts of Agrarian Relations

shall continue in office. However, unless reappointed within a period

of six (6) months from the effectivity of this Decree, they shall be

considered separated from the service as of the end of that period, and

shall be paid a gratuity at the rate equivalent to one month's salary

for every year of service rendered in the government based on the

highest salary received and such other benefits to which they may be

entitled; Provided, That if said officials and employees are

eligible for retirement under any retirement law, they shall have the

option to retire and receive the gratuity or pension under such law,

payable from the appropriations of the Courts including balances of

certifications to accounts payable which have not been reverted to

surplus, and provision of law, decree, rule or regulation to the

contrary notwithstanding.

Section 23 Appropriations.

SEC. 23. Appropriations.—The

appropriations of the Courts of Agrarian Relations authorized in

Presidential Decree No. 733 and other appropriation laws and decrees are

hereby made available and restructured to carry out the purposes of

this Decree: Provided, That in case said appropriations are not

sufficient for the said purposes as certified to by the Chief Justice

the additional amount of Five (5) Million Pesos is hereby automatically

appropriated, and shall be incorporated in subsequent appropriation

laws.

Section 24 Miscellaneous Provision.

SEC. 24. Miscellaneous Provision.—All

government agencies directly or indirectly involved in the agrarian

reform program shall make available to the Court of Agrarian Relations

the necessary facilities to carry out the functions of said Courts.

Section 25 Separability of Provisions.

SEC. 25. Separability of Provisions.—If for any reason

any section or provisions of this Decree shall be declared

unconstitutional or invalid by the Supreme Court, no other provision of

this Decree shall be affected thereby.

Section 26 Repealing Clause.

SEC. 26. Repealing

Clause.—All decrees, laws, and orders, or provisions thereof,

inconsistent with the provisions of his Decree are hereby repealed

and/or modified accordingly. Chapter IX of Republic Act numbered

thirty-eight hundred and forty-four, as amended, is hereby repealed.

Section 27 Effectivity.

SEC. 27. Effectivity.—This Decree shall take effect

immediately.

Done in the City of Manila, 17th day of June, in the year of Our

Lord, nineteen hundred and seventy-six.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

JACOBO C. CLAVE

Presidential Executive Assistant