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RUFINA VDA. DE TANGUB,petitioner,vs.COURT OF APPEALS, FELIPE G.

JAVIER Jr., PRESIDING JUDGE of the [CAR] RTC, Branh !, I"#$an C#t%, an&

SPOUSES DO'INGO an& EUGENIA 'ARTIL,respondents.

- The jurisdiction of the Regional Trial Court, acting as a special agrarian court,

in the light of Executive Orders Numbered 1!"# and ! and Republic #ctNo. $$%&, is 'hat is at issue in the proceeding at bar.

- Ru(na Tangub and her husband, #ndres, no' deceased, (led 'ith the

Regional Trial Court of )anao del Norte in *arch, 1!++, an agrarian case for

damages b- reason of their/ unla'ful dispossession . . .'as tenants from the

landholding o'ned b- the 0pouses omingo and Eugenia *artil. 2N3 'as

also impleaded as holder of the mortgage and the one 'hich caused the

foreclosure 'hich resulted in 2N3 ac4uiring the land and subse4uent sale to

its co"defendants, emplo-ees of national steel corporation.

- 5udge 5avier dismissed the complaint because EO ! providing the

mechanisms for the implementation of the Comprehensive #grarian Reform2rogram approved on 5ul- 6, 1!+& 7 Executive No. 1!"# approved on 5ul-

$, 1!+&, as 'ell as the Rules of the #djudication 3oard of the epartment of

#grarian Reform, jurisdiction of the Regional Trial Court over agrarian cases

had been transferred to the epartment of #grarian Reform. #ppeal to the C#

resulted in the a8rmation of the trial court, citing Estanislao Casinillo v. Hon.

Felipe G. Javier, Jr., et al., in 'hich it 'as emphaticall- ruled that agrarian

cases no longer fall under the jurisdiction of Regional Trial Courts but rather

under the jurisdiction of the #R #djudication 3oard.

- 2etitioner appeals to the 0C9 0C a8rms lo'er courts.

-0C cites several sections of EO ! and EO 1!"# namel-:

- 0ection 1 of Executive Order No. ! sets out the scope of the

Comprehensive #grarian Reform 2rogram C#R2/. ;t states that the program

7

. . . shall cover, regardless of tenurial arrangement and commodit-

produce, all public and private agricultural land as provided in 2roclamation

No. 1

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- 0ection 6 of Executive Order No. 1!"# made the epartment of #grarian

Reform responsible for implementing the Comprehensive #grarian Reform

2rogram, and, for such purpose, authori@ed it, among others, to 7

g/ 2rovide free legal services to agrarian reform bene(ciaries and

resolve agrarian conAicts and land tenure problems9 . . and/- xxx xxx xxx

j/ #pprove or disapprove the conversion, restructuring or readjustment

of agricultural lands into non"agricultural uses: . .

- #nd 0ection % of the same Executive Order No. 1!"# speci(ed the po'ers

and functions of the epartment of #grarian Reform, including the follo'ing:

b/ ;mplement all agrarian la's, and for this purpose, punish for contempt

and issue subpoena, subpoena duces tecum, 'rit of execution of its

decision, and other legal processes to ensure successful and expeditious

program implementation9 the decisions of the epartment ma- in proper

cases, be appealed to the Regional Trial Courts but shall be immediatel-

executor- not'ithstanding such appeal9

h/ 2rovide free legal service to agrarian reform bene(ciaries and

resolve agrarian conAicts and land tenure related problems as ma- be

provided for b- la's9

i/ Bave exclusive authorit- to approve or disapprove conversion of

agricultural lands for residential, commercial, industrial, and other land uses

as ma- be provided . . .

- in summar-, the jurisdiction thus conferred on the epartment of #grarian

Reform, i.e.:

a/ #djudication of all matters involving implementation of agrarian

reform9

b/ Resolution of agrarian conAicts and land tenure related problems9 and

c/ #pproval or disapproval of the conversion, restructuring or

readjustment of agricultural lands into residential, commercial, industrial,

and other non"agricultural uses,

-Republic #ct No. $$%&, mentions EO ! on jurisdiction:0EC. %. Quasi-Judicial Powers of the DA.7 The #R is hereb- vested

(#th )r#*ar% +r#-t#onto determine and adjudicate agrarian reform

matters and shall have exclusive original jurisdiction over all matters

involving the implementation of agrarian reform, except those falling under

the exclusive jurisdiction of the epartment of #griculture >#? and the

epartment of Environment and Natural Resources >ENR?.

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;t shall not be bound b- technical rules of procedure and evidence but shall

proceed to hear and decide all cases, disputes or controversies in a most

expeditious manner, emplo-ing all reasonable means to ascertain the facts

of ever- case in accordance 'ith justice and e4uit- and the merits of the

case. To'ard this end, it shall adopt a uniform rule of procedure to achieve a

just, expeditious and inexpensive determination of ever- action orproceeding before it.

;t shall have the po'er to summon 'itnesses, administer oaths, taDe

testimon-, re4uire submission of reports9 compel the production of booDs

and documents and ans'ers to interrogatories and issue su!poenaand

su!poena duces tecu"and to enforce its 'rits through sheris or other dul-

deputi@ed o8cers. ;t shall liDe'ise have the po'er to punish direct and

indirect contempts in the same manner and subject to the same penalties

as provided in the Rules of Court.

Not'ithstanding an appeal to the court of appeals, the decision of the

#R shall be immediatel- executor-.- Bo'ever, the la' does not completel- divest the RTC from its jurisdiction to

hear agrarian cases. 0ection %$ of R# $$%&, on the other hand, confers

special jurisdiction on 0pecial #grarian Courts,

- 0ection %& of R# $$%&, confers original and exclusive jurisdiction over:

- 1/ all petitions for the determination of just compensation to land"

o'ners, and

- / the prosecution of all criminal oenses

- ;t is relevant to mention in this connection that 7

1/ appeals from decisions of the 0pecial #grarian Courts ma- be taDenb- (ling a petition for revie' 'ith the Court of #ppeals 'ithin (fteen 1%/

da-s from receipt or notice of the decision, . . and

/ appeals from an- decision, order, a'ard or ruling of the #R on an-

agrarian dispute or on an- matter pertaining to the application,

implementation, enforcement, or interpretation of this #ct and other

pertinent la's on agrarian reform ma- be brought to the Court of #ppeals

b- certiorari except as other'ise provided . . . 'ithin (fteen 1%/ da-s from

receipt of a cop- thereof, the (ndings of fact of the #R >being? (nal and

conclusive if based on substantial evidence.

-The RTC of )anao del Norte, ;ligan 'as correct in dismissing the case becauseit concerned petitionerFs right as a tenant on agricultural land. it clearl- came

'ithin the exclusive original jurisdiction of the epartment of #grarian

Reform, or more particularl-, the #grarian Reform #djudication 3oard