February 25, 1999
DAR OPINION NO. 17-99
MEMORANDUM
TO : EUGENIO B. BERNARDO
Regional Director
DAR-Region IV, Capitol Compound
Pasig City
SUBJECT : Decisions of the Department of Agrarian Reform Adjudication Board (DARAB),
Secretary of the Department of Agrarian Reform and the Office of the President
This refers to your Memorandum dated 26 November 1998 seeking confirmation on which decision shall prevail.
As culled from your Memorandum together with the attachments appended thereto, the property subject of the controversy is a 64.0736 hectare landholding out of the original total land area of 105.3057 hectares owned by Preciosa B. Garcia and Agustina B. Garcia situated at Brgy. Latian Mapagong, Calamba, Laguna; that on 03 November 1992, members of the Samahan ng Magsasaka ng Timog Katagalugan thru their President Romulo M. Capine filed a petition with the Municipal Agrarian Reform Officer of Calamba, Laguna to have the entire landholding placed under Comprehensive Agrarian Reform Program (CARP) coverage; that on 23 April 1993, a Notice of Coverage was issued by the DAR subjecting the landholding for compulsory acquisition; that sometime in 1994, while the process of acquisition was underway, the landowner applied for exemption of the subject property pursuant to DAR Administrative Order No. 06, Series of 1994; that on 25 January 1995, an Order was issued by the DAR granting the petition for exemption of 41.2321 hectares out of the 105.3057 hectares applied for on the ground that the same was reclassified as non-agricultural in 1981; thereafter petitioners/appellants filed a petition for conversion over the areas (64.0736 has.) denied for exemption; that in an indorsement dated 26 March 1996, the late Regional Director Tabones recommended the approval of the application, pursuant to Administrative Order No. 12, Series of 1994 subject, however, to the outcome of the case pending with the DAR Regional Adjudicator of Region IV; that on 07 October 1996, an Order was issued by the DAR Secretary denying the application for conversion on the ground of premature development and the protest of farmer-claimants pending with the DARAB; and that on 24 September 1997, an Order was issued by then Secretary Ernesto D. Garilao denying the Motion for Reconsideration in connection with the 07 October 1996 decision.
A careful scrutiny of the New DARAB Rules of Procedure, specifically on matters pertaining to the Board's primary and exclusive original and appellate jurisdiction, readily reveals that the issue on whether or not the property is covered under Republic Act No. 6657 (Comprehensive Agrarian Reform Law) is a strictly administrative matter which falls squarely under the jurisdiction of the Secretary of Department of Agrarian Reform. Thus, since the DARAB is devoid of competence to assume jurisdiction on the issue of CARP coverage, it follows that the judgment rendered therein on said particular point (not necessarily the whole decision) is void.
Jurisdiction is conferred only by the Constitution or by law. It cannot be fixed by the will of the parties nor can it be acquired or diminished by any act of the parties. In determining whether a case lies within or outside the jurisdiction of a court or quasi judicial body, reference to the applicable statute on the matter is indispensable (Municipality of Sogod v. Rosal, September 24, 1991, 201 SCRA 632). An assiduous examination of the provisions of R.A. No. 6657 and the DARAB New Rules of Procedure clearly show that it is the Secretary of Agrarian Reform who is vested with the exclusive jurisdiction to rule on the issue of whether or not the subject property is covered under CARP.
The want of jurisdiction of a court or quasi judicial body over the subject matter renders the judgment null and void, and considering that a void judgment is in legal effect no judgment, by which no rights are divested, from which no right can be obtained, which neither binds nor bars any one, the decision is not a decision in contemplation of law, hence, it can never become executory (Municipality of Antipolo v. Court of Appeals, 133 SCRA 320).
As regards the appeal taken by the appellants to the Office of the President from the Orders of the Secretary of the DAR dated 07 October 1996 and 24 September 1997, respectively, granting the petition for exemption of 41.2321 hectares out of the 105.3057 hectares applied for with the remaining area covered under R.A. No. 6657, the same is in accordance with law pursuant to the doctrine of exhaustion of administrative remedies. It bears stressing here, likewise, that the acts of the Secretary of Agrarian Reform as alter ego of the President are presumptively the acts of the Chief Executive himself unless disapproved or reprobated by the President (doctrine of qualified political agency). Such being, the case, the President (or by his authority) in the exercise of his control over the acts of the DAR Secretary can affirm, modify, reverse or even substitute his judgment to that of the latter.
In view of the foregoing and considering that the reclassification of the land in issue (64.0736 hectares) from agricultural to residential was made as early as 1981 as Found out and held in the decisions of the Office of the President in OP Case No. 98-A-8240 dated 29 May 1998 and 26 June 1998, respectively, the same shall necessarily and properly prevail over that of the decision of the DARAB dated 31 July 1998 and the Orders of then DAR Secretary Ernesto D. Garilao dated 07 October 1996 and 24 September 1997.
Please be guided accordingly.
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Maximo Llanto
President
Samahan ng Malayang Magsasaka
Ng Calamba, Latian, Calamba Inc.
Calamba, Laguna
Conrado S. Navarro
Undersecretary for FOSSO
DARCO
Preciosa B. Garcia
Agustina B. Garcia
11 Carmel Subdivision
Project 6, Quezon City
The Provincial Agrarian Reform Officer
DAR — Provincial Office
Sta. Cruz, Laguna
The Municipal Agrarian Reform Officer
DAR — Municipal Office
Calamba, Laguna
The Executive Director, CLUPPI
DAR Diliman, Quezon City
The Director, PARC Secretariat
DAR Diliman, Quezon City