December 13, 1996
DAR OPINION NO. 109-96
Atty. Phio L. Viovicente
8 San Paulo Subdivision
Novaliches, Quezon City
Dear Atty. Viovicente:
This has reference to your letter seeking opinion on whether a Para-legal Officer of the Department of Agrarian Reform, who is a non-lawyer can appear as counsel in behalf of an individual in a case where the DAR is not a party.
You state that Miss June Y. Zaragoza is a Para-legal Officer of the DAR assigned at the Municipal Agrarian Reform Office (MARO) at Matag-ob, Leyte; that despite her being a Para-legal Officer, she represented Spouses Rebencio and Paulita Alayon in an ejectment case docketed as Civil Case No. 617 and pending before the Municipal Trial Court (MTC) of Matag-ob, Leyte; and that she even prepared and signed the responsive pleadings of the defendants in the said case.
A perusal of the pleading attached thereto show that the matter in issue is an agrarian dispute over which the DAR Para-legal Officer has the authority to represent the tenants. It is beyond cavil that the issue dealing on the sharing of harvests and the deposit of lease rentals for refusal of the landowner to accept lease rentals is an agrarian dispute which falls squarely under the jurisdiction of the Department of Agrarian Reform Adjudication Board (DARAB) and not the regular courts. Section 3 (d) R.A. 6657 (Comprehensive Agrarian Reform Program) defines agrarian dispute as any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangements. Moreover, the DARAB New Rules of Procedures expressly provides that the Board shall determine and adjudicate all agrarian disputes involving the implementation of the Comprehensive Agrarian Reform Program (CARP) under Republic Act. No. 6657, Executive Order Nos. 228, 229 and 129-A, Republic Act No. 3844 as amended by Republic Act. No. 6389, Presidential Decree No. 27 and other agrarian laws and their implementing rules and regulations. Therefore, Miss June V. Zaragoza has the authority to represent the Spouses Rebencio and Paulita Alayon in an ejectment case because the dispute is an agrarian matter.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Ms. June V. Zaragoza
Municipal Agrarian Reform Office
Matag-ob, Leyte