November 20, 1995

DAR MEMORANDUM CIRCULAR NO. 27-95

TO                :     All Concerned DAR Officials, and Employees

SUBJECT    :     Suspension of the Implementation of RA 7881 and its Implementing Rule, Administrative Order No. 3 Series of 1995, Per Supreme Court Resolution dated November 13, 1995

1.      On October 17, 1995, the Sentro Para sa Tunay na Repormang Agraryo (SENTRA) Foundation and several other concerned groups and individual taxpayers filed a Petition for Certiorari and Prohibition with Application for Temporary Restraining Order and/or Preliminary Injunction with the Supreme Court against the Secretary of Agrarian Reform to enjoin and/or restrain the Department of Agrarian Reform from enforcing Sections 1, 2, and 3 of RA 7881 which took effect on March 12, 1995, and its implementing rule, Administrative Order No. 3, Series of 1995, the effectivity date of which was March 12, 1995, insofar as they exempt fishponds and prawn farms from the coverage of the CARL.   TDcCIS

On November 13, 1995, the Supreme Court (First Division) issued a RESOLUTION granting the prayer of Petitioners SENTRA et al., for a TEMPORARY RESTRAINING ORDER (TRO). The pertinent portions of the Resolution are quoted verbatim as follows:

"G.R. No. 122170 (Sentro Para Sa Tunay na Repormang Agraryo (SENTRA) Foundation, et al., vs. Secretary of Agrarian Reform). — Considering the special civil action for certiorari and prohibition with prayer for preliminary injunction with prayer for temporary restraining order, the Court, without giving due course to the petition, Resolved to: (1) require the respondent to COMMENT thereon, (not to file a motion to dismiss), within ten (10) days from notice: and (2) ISSUE the TEMPORARY RESTRAINING ORDER prayed for effective as of this date and to continue to be so effective during the entire period that the case is pending or until further orders.   DCTSEA

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NOW, THEREFORE, you (respondent), your officers, agent, representatives, and/or officer, agents, representatives, and/or persons acting upon your orders or in your place or stead, are hereby ENJOINED from enforcing the challenged provisions of Republic Act No. 7881 and DAR Administrative Order No. 3, series of 1995.

xxx                      xxx                      xxx."

2.      Pursuant to the abovequoted Supreme Court Resolution dated November 13, 1995, all concerned are hereby directed to suspend beginning November 13, 1995 the implementation of Sections 1, 2, and 3 of RA 7881 and A.O. 3, Series of 1995 insofar as they exempt fishponds and prawn farms from the coverage of the Comprehensive Agrarian Reform Law (CARL) until further orders from this Office.

Processing of applications for exemption/exclusion of fishponds and/or prawn farms pursuant to RA 7881 and A.O. No. 3, Series of 1995 filed before, on or after November 13, 1995 are to be held in abeyance pending further notice from this Office.

The field officers are allowed to accept application from landowners who may wish to file the same; however, they should be advised that the processing should be suspended until further orders from the Supreme Court.

This circular takes effect immediately and supercedes previous issuances inconsistent thereto.   DHIcET

For strict compliance.

20 November 1995.

(SGD.) ERNESTO D. GARILAO

Secretary