December 11, 1995

DAR OPINION NO. 84-95

Atty. Crisanto C. Abasolo, Jr.

8270 Dr. A. Santos Avenue

Aristocrat Compound, Sucat

Parañaque, Metro Manila

Dear Atty. Abasolo:

This is in reply to the queries raised by you in connection with your intention to file cases on behalf of an alleged tenant of a salted, to wit:

1.         In what court should a forcible entry case be filed, since this involves an agricultural land?

2.         In what court should I lodge the criminal complaint against the landlord for dispossessing my client through his act of destroying the padlock and forcibly retaking possession of the bodega?

As gleaned from your letter, the alleged dispossession consists of the destruction of the padlock and forcible retaking of the bodega. Clearly, therefore, the salted is not involved. Considering that "agrarian dispute" as defined in Section 3(d) of R.A. 6657 refers to any controversy relating to tenurial arrangement over lands devoted to agriculture. We submit that the cases contemplated by you for the alleged tenant's dispossession of the bodega does not fall within said definition. Consequently, it is believed that said cases fall within the jurisdiction of courts.

We hope to have been of assistance to you.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office