December 23, 1996

DAR OPINION NO. 152-96

ATTY. BARTOLOME D. DOMINGO

c/o Jimenez Landowners Association

Jimenez, Misamis Occidental

Dear Atty. Domingo:

This has reference to Resolution No. 02 (S. 1993) passed by the Jimenez Landowners Association, forwarded to us for comment, by Presidential Assistant Jesus B. Beringuela, Office of the President. In effect, you are requesting President Fidel V. Ramos to assign a permanent judge to handle agrarian cases on land valuation for the province of Misamis Occidental.

Section 56 of R.A. 6657 (Comprehensive Agrarian Reform Law) expressly provides that the Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as Special Agrarian Court. The Special Agrarian Court has jurisdiction over two (2) areas only; (1) Just compensation (2) Criminal Cases arising out of implementation of CARP.

However, verification at the Office of the Court Administrator (Supreme Court) reveals that to date, no RTC judge has yet been designated as a Special Agrarian Court in the province of Misamis Occidental, but a Special court for Forestry do exist thereat, presided by Hon. Celso L. Conol of RTC Branch 12, Oroquieta City. It is only in the province of Misamis Oriental where one may find a Special Agrarian Court, presided by Hon. Puro M. Velez, RTC Branch 22, Cagayan de Oro City.

In view thereof, your problem may be addressed to the said branch of the government.

We hope to have clarified matters with you.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

Jesus C. Beringuela

Presidential Assistant

Office of the President