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2003 Department of Agrarian Reform Adjudication Board (Darab) Rules of Procedure

The Supreme Court ruled that: 1) The burden of proving a lawful cause for evicting an agricultural tenant lies with the respondent bank. Co-ownership alone does not justify eviction. 2) A controversy regarding tenancy over agricultural land qualifies as an agrarian dispute under the jurisdiction of the Provincial Agrarian Reform Adjudicator (PARAD). 3) The PARAD had already obtained jurisdiction over the case based on the averments in the complaint. Determinations of jurisdiction are not affected by defenses raised in answers or motions.

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Jeoffrey Agnes Sedanza Pusay
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28 views

2003 Department of Agrarian Reform Adjudication Board (Darab) Rules of Procedure

The Supreme Court ruled that: 1) The burden of proving a lawful cause for evicting an agricultural tenant lies with the respondent bank. Co-ownership alone does not justify eviction. 2) A controversy regarding tenancy over agricultural land qualifies as an agrarian dispute under the jurisdiction of the Provincial Agrarian Reform Adjudicator (PARAD). 3) The PARAD had already obtained jurisdiction over the case based on the averments in the complaint. Determinations of jurisdiction are not affected by defenses raised in answers or motions.

Uploaded by

Jeoffrey Agnes Sedanza Pusay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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2003 DEPARTMENT OF AGRARIAN

REFORM ADJUDICATION BOARD


(DARAB) RULES OF PROCEDURE
Extrajudicial eviction of an agricultural tenant –– The burden of proving the
existence of a lawful cause for ejectment of an agricultural tenant rests on respondent
bank; co-ownership, however, does not appear to be one of the legislated causes for
the lawful ejectment of an agricultural tenant; absent the conduct by the PARAD of the
proceedings in the DARAB case and the resolution of said case on the merits, the
assailed CA ruling risks judicially approving the summary and extrajudicial eviction of
agricultural tenants; the PARAD had already gained a jurisdictional foothold in the
DARAB case, and should have been allowed to exercise the agency expertise in
resolving the issues and problems presented. (Sps. Nolasco vs. Rural Bank of Pandi,
Inc., G.R. No. 194455, June 27, 2018)

Jurisdiction of the Provincial Agrarian Reform Adjudicator (PARAD) –– An


agrarian dispute is any controversy relating to, among others, tenancy over lands
devoted to agriculture; here, the controversy raised squarely falls under that class of
cases described under Par. 1.1, Sec. 1, Rule II of the 2003 DARAB Rules of Procedure;
the specific elements of tenancy are sufficiently averred in the subject complaint: first,
that the parties are the landowner and the tenant or agricultural lessee; second, that
the subject matter of the relationship is an agricultural land; third, that there is consent
between the parties to the relationship; fourth, that the purpose of the relationship is to
bring about agricultural production; fifth, that there is personal cultivation on the part
of the tenant or agricultural lessee; and sixth, that the harvest is shared between the
landowner and the tenant or agricultural lessee. (Sps. Nolasco vs. Rural Bank of Pandi,
Inc., G.R. No. 194455, June 27, 2018)

––      The determination of whether a tribunal has subject matter jurisdiction in a case


is not affected by the defenses set up in an answer or motion to dismiss; certifications
of municipal reform officers as to the presence or absence of a tenancy relationship are
merely provisional; in one case, the Court even ruled that they do not bind the courts;
given the averments of the subject complaint, the Court rules that the PARAD already
obtained a jurisdictional foothold in this case; as an incidence, it could take on all the
issues of the case, including the defenses raised by respondent bank. (Sps. Nolasco vs.
Rural Bank of Pandi, Inc., G.R. No. 194455, June 27, 2018)

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