March 11, 2004
DAR OPINION NO. 08-04
MEMORANDUM
FOR : Director Rodolfo T. Inson
DAR Regional Office No. XI
Quimpo Avenue, Ecoland
Davao City
SUBJECT : Whether or Not the Regional Director Can Cite a Party in Contempt Under Section 20 of DAR Administrative Order No. 03, Series of 2003
This refers to the letter-request dated 17 December 2003 of former Regional Director of DAR Region XI Homer P. Tobias, requesting for legal advice/opinion on whether or not the Regional Director can cite a party in contempt under Section 20 of DAR Administrative Order No. 03, Series of 2003. aSCHIT
It was stated, among others, that pursuant to Section 20 of DAR Administrative Order No. 03, Series of 2003, then DAR Region XI Director Homer P. Tobias issued a Cease and Desist Order in one of the agrarian law implementation cases; that in view of an alleged violation thereof, one of the parties filed a Motion to Cite a Party in Contempt; and that Section 20 of DAR Administrative Order No. 03, Series of 2003 does not expressly give an authority to the Regional Director to cite and punish any person in contempt unlike the authority given to the DARAB members and adjudicators. Hence, an advice/opinion was sought whether or not the Regional Director can cite a party in contempt under Section 20 of said Administrative Order and, if in the affirmative, what are the penalties to be imposed.
Pertinent and/or related to the issue are the following provisions of R.A. No. 6657 (Comprehensive Agrarian Reform Law), DAR Administrative Order No. 03, Series of 2003 (2003 Rules for Agrarian Law Implementation Cases), 2003 DARAB New Rules of Procedure, Revised Rules of Court of the Philippines, and Executive Order No. 129-A (Modifying Executive Order No. 129, Reorganizing and Strengthening the Department of Agrarian Reform and for Other Purposes), to wit:
I. Sections 49 and 50 (1st and 3rd Paragraphs) of R.A. No. 6657
"Section 49. Rules and Regulations. — The PARC and the DAR shall have the power to issue rules and regulations, whether substantive or procedural, to carry out the objects and purposes of this Act. Said rules shall take effect ten (10) days after publication in two (2) national newspapers of general circulation." (emphasis supplied)
"Section 50. Quasi-Judicial Powers of the DAR. — The DAR is hereby vested with 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).
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It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces tecum and to enforce its writs through sheriff or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court." (emphasis supplied)
II. 1st Paragraph of DAR Administrative Order No. 03, Series of 2003
"Pursuant to Sections 49 and 50 of Republic Act (RA) No 6657, or the "Comprehensive Agrarian Reform Law of 1998" (CARL), and in order to foster a just, inexpensive, and expeditious determination of agrarian cases, the following are the Department of Agrarian Reform (DAR) rules governing the adjudication of cases involving Agrarian Law Implementation (ALI)." (emphasis supplied)
III. Sections 1 and 3 (1st Paragraph), Rule 71 of the Revised Rules of Court
"Section 1. Direct contempt punished summarily. — A person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court and punished by a fine not exceeding two thousand pesos or imprisonment not exceeding ten (10) days, or both, if it be a Regional Trial Court or a court equivalent or higher rank, or by a fine not exceeding two hundred pesos or imprisonment not exceeding one (1) day, or both, if it be a lower court. DAEcIS
Section 3. Indirect contempt to be punished after charge and hearing. — After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt: . . . ."
IV. Sections 1, 2 and 3, Rule XVIII of the 2003 DARAB New Rules of Procedure
"Section 1. Direct Contempt. — The Board or any of its Members or Adjudicator may summarily pass judgment on acts of direct contempt committed in the presence of, or so near the Chairman or any Member of the Board or its Adjudicator, as to obstruct or interrupt the proceedings before the same, including disrespect towards the Members of the Board or its Adjudicator, offensive behavior towards others, or refusal to be sworn or to answer as a witness, or to subscribe to an affidavit or deposition when lawfully required to do so. If the offense is committed against the Board or any of its Members or its Adjudicator, the same shall be punished by a fine not exceeding Two Hundred Pesos (P200.00), or imprisonment of not exceeding ten (10) days or both.
The judgment of the Board or any of its Members or Adjudicator on direct contempt is immediately executory and not appealable.
Section 2. Indirect Contempt. — The Board or any of its Members or its Adjudicator may also cite and punish any person for indirect contempt on any of the grounds and in the manner prescribed under Rule 71 of the Revised Rules of Court.
Section 3. Appeal from Indirect Contempt. — Any person adjudged guilty of indirect contempt by the Adjudicator, may, within a period of five (5) days from notice of the judgment, appeal the same to the Board, and the execution of said judgment shall be suspended pending the resolution of the appeal upon the filing by the said person of a bond on condition that he will abide by, and perform the judgment should the appeal be decided against him."
V. Section 24 (2nd Paragraph) of Executive Order No. 129-A
"Section 24. Regional Offices.
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The Regional Offices shall be responsible for the implementation of laws, policies, plans, programs, projects, rules and regulations of the Department in its administrative region. . . . . ." (emphasis supplied)
The power of the Regional Director to cite a party in contempt is implied and could be inferred under the aforequoted provisions of law, rules and regulations. This is particularly clear based on the 1st paragraph of DAR Administrative Order No. 03, Series of 2003 which provides that said guideline is issued pursuant to sections 49 and 50 of R.A. No. 6657. In Section 50, paragraph 3, last sentence of R.A. No. 6657, DAR is expressly vested with the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court. AEcTaS
Moreover, a Cease and Desist Order issued by the Regional Director would possibly be without teeth and, hence, no force and effect if he could not cite a party in contempt. The authority of Regional Directors to cite a party in contempt can be deduced as an incident arising within their jurisdiction for the effective and orderly implementation of said Order, in particular and the Program, in general.
With respect to the penalties that may be imposed, it is our considered opinion that it may be proper, pursuant to the aforequoted provision of Section 50, R.A. No. 6657 (3rd paragraph, last sentence), to adopt the provisions of 2003 DARAB New Rules of Procedure, specifically Rule XVIII, Sections 1, 2 and 3 thereof and Section 71 of the Revised Rules of Court since a DAR Adjudicator and a Regional Director are both deemed as alter-egos of the DAR Secretary in the hearing and adjudication of cases, that is, whether agrarian law implementation (ALI) or adjudication cases.
We hope to have clarified the matter.
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and Legal Affairs Office