February 10, 1994

DAR OPINION NO. 09-94

Mr. Clemente P. Garcia

Bagoladio, Bulan

Camarines Sur

Dear Mr. Garcia,

       This is in reply to your request for clarification regarding the following problems:

1)     Can a person who occupies the land by force without the consent of the landowner or fails to give rental thereon qualify as a CARP beneficiary pursuant to the provision of Section 22(g) of RA 6657 that "others directly working on the land" are qualified beneficiaries under said law?

2)     Does the Municipal Trial Court or the Regional Trial Court have jurisdiction over a case for recovery of possession with damages filed by a landowner against a person who is a non-tenant tiller?

3)     Does the landowner have the right to determine the CARP beneficiary of his landholding?

      As regards your first query, a distinction should be made relative to the date the person entered the property. If the entry was made after 12 August 1987, and for purpose of availing of the rights and benefits of the Comprehensive Agrarian Reform Program, Section 22 of Executive Order No. 229 provides that he shall be permanently disqualified from receiving benefits and shall forfeit his rights thereunder.  As for a person who has been in the landholding prior to said date, the manner by which he entered the same will not necessarily disqualify him from being a CARP beneficiary thereon. This is so because if the agricultural land is not within the retained area of the landowner, RA 6657 mandates that it shall be distributed to qualified persons in the order of priority listed under Section 22 thereof. Neither will non-payment of rentals disqualify a person from being an awardee of his farmlot if he is otherwise qualified as such. However, the right of the landowner to collect said unpaid rentals subsists.

      Anent your second query, Section 50 of RA 6657 provides that the DAR has "primary jurisdiction to 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 Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR)". Hence, if the person occupying your land alleges that he is entitled to the rights and benefits granted under our agrarian laws, the regular courts cannot take cognizance.

     Lastly, as the lead implementing agency of the Comprehensive  Agrarian Reform Program, it is the DAR that is mandated to determine the persons qualified to be beneficiaries thereof, with the following as basic qualifications pursuant to Section 22 of RA 6657; landless resident (meaning he owns less than 3 hectares of agricultural land), willingness aptitude and ability to cultivate and make the land as productive as possible.

    We hope we have clarified matters for you. Please note that the foregoing information, which aims to enlighten you on the agrarian laws and DAR guidelines applicable to the issues raised in your letter, does not constitute a decision on the merits in regard to any case or controversy filed by you.

Very truly yours,

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