A Department of Agrarian Reform (DAR) official on Wednesday expressed support behind the plan of incoming DAR chief Rafael V. Mariano to closely coordinate with the judiciary to expedite the resolution of agrarian-related cases.
Agrarian Reform Undersecretary for Legal Affairs lawyer Luis Meinrado C. Pañgulayan told the BusinessMirror in an interview that there is a need to settle the issue between the DAR, an agency that exercises quasijudicial function on agrarian cases; and the prosecution office, which handles the litigation of the criminal aspects of agrarian disputes.
“That is a good initiative on the part of the incoming secretary. Talagang there is a need to coordinate with all the agencies, specifically [the] DOJ,” said Pañgulayan, who also heads the DAR’s Agrarian Legal Services (ALS).
Closer coordination between the DAR and the Department of Justice (DOJ), he added, should work both ways to fast-track the resolution of these cases.
Pañgulayan mentioned that there are cases filed in regular courts up to the Court of Appeals that are supposed to be under the jurisdiction of the DAR. And there are also cases that, he said, are supposed to be under the jurisdiction of regular courts which are not being acted upon.
“On one hand, there are cases involving agrarian disputes na nasa korte. Dapat ibalik ’yan sa DAR, because [the] DAR exercises exclusive original jurisdiction. The DAR exercises quasijudicial functions. So any and all matters related to the CARP [Comprehensive Agrarian Reform Program], ’pag nasa korte ’yan, dapat ibalik sa DAR. On the other hand, may mga kaso naman na nasa kanila [regular courts] na hindi nila binibigyan pa ng pagpo-proseso,” he said.
Pañgulayan explained that there are criminal aspects of violations of agrarian laws, and mentioned that illegal conversions and obstruction in the implementation of the CARP and CARP Extension with Reforms (CARPer) are the most common.
In an earlier interview, Mariano said some of the cases filed against agrarian-reform beneficiaries are agrarian-related, but were “criminalized” to harass farmers. He wants these cases, among which are trespassing and qualified theft, filed against farmers who are harvesting crops from a CARP-covered land to be turned over or referred to the DAR.
On the other hand, Pañgulayan said illegal conversion cases committed by landowners is a crime and, as such, must be prosecuted in regular courts.
“There is such a crime as illegal conversion under our laws. Dapat umakyat ’yan sa piskal, ma-proseso at umakyat sa korte for prosecution.” Illegal conversion, he added, “is a crime against the People of the Philippines [that should], therefore, be filed by government prosecutors and elevated to regular courts.”
Pañgulayan pointed out that the crime of illegal conversion is committed when an agricultural land that is supposed to be covered by the CARP is converted into residential, industrial and commercial, sans the approval of the DAR.
On the other hand, obstruction happens when a person or persons committed acts that prevent the DAR from implementing the CARP.
“If somebody obstructs the implementation of the program. It is a crime,” he said.
“Dapat maging malinaw sa DAR at DOJ na ’pag agrarian dispute, ibigay sa DAR. ’Pag illegal conversion at obstruction, ibigay sa korte,” Pañgulayan said, adding that there are elements that define whether a case is agrarian-related or a crime.
“If it involves the right of the farmers, if it involves parcel of land, if it involves relationship between land owners and beneficiaries, these are clearly agrarian-related. There are elements when it is agrarian-related. Dapat bigyan pansin ito para magkaroon ng maliwanag na pagbibigay ng definition,” he said.
Pañgulayan said the DAR and the DOJ should be able to determine if a case is subject to the jurisdiction of the DAR, and when it is subject to the jurisdiction of the regular courts. “There are decisions on agrarian-related cases. There are also SC [Supreme Court] decisions on this, too. Dapat lang linawin,” Pañgulayan added.
Under the Aquino administration, he said there are initiatives on the part of the DAR and the DOJ to resolve the problem, and these initiatives can be finalized and realized under the leadership of the incoming DAR chief.
“In the past, there [was] DOJ and DAR coordination. There [was a] task force on illegal conversions [in every] province. This [setup] should be revitalized [and be] given [with additional powers]…” he added.
Pañgulayan agreed with Mariano that are there are some cases being filed by land owners against agrarian-reform beneficiaries that are supposed to fall under the jurisdiction of the DAR.
“These things can be resolved through closed coordination between the DAR and the DOJ. May pag-uusap between DOJ and DAR to conduct focused group discussions and hold of a national workshop,” he said.
According to Pañgulayan, the DAR-DOJ initiative to hasten resolution of agrarian cases is a continuing effort.
“Siguro nasa preliminary stage. Dapat [in the] first quarter of 2016 itong national conference, but it did not push through. Nasa prelimary stage pa lang ’yan. Mas maganda na imungkahi ito sa bagong kalihim. Sa mga pulong ng legal sector, naiparating na natin ’yan,” he said.
Pañgulayan also said there is a need to take a closer look at existing aricultural venture agreements (AVAs) stock distribution options (SDOs).
“Dapat ito mabigyan ng pansin. Maraming AVA at SDOs na maaring argabyado ang mga magsasaka. But this is to be resolved by PARC [Presidential Agrarian Reform Council],” he said, as he, likewise, supported Mariano’s plan to recommend to the incoming president the convening of the council.
Under the law, the President of the Philippines sits as chairman of the PARC, with the DAR chief as vice chairman. He said existing SDOs and AVAs involves vast tracts of lands.
“I am not making a general statement. May mga AVA at SDO na nag wo-work but if there is a problem, PARC can move to revoke it,” he said.