Presidential Decree No. 946 (PD 946) — Reorganizing the Courts of Agrarian Relations, Streamlining Their Procedures, and for Other Purposes.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
