SECOND DIVISION

G.R. No. 132767. January 18, 2000.

PHILIPPINE VETERANS BANK, petitioner, vs. THE HON. COURT OF APPEALS, HON. SECRETARY OF THE DEPT. OF AGRARIAN REFORM, DEPT. OF AGRARIAN REFORM ADJUDICATION BOARD, DAVAO CITY and LAND BANK OF THE PHILIPPINES, respondents.

Andres Cariaga & Associates for petitioner.

Edelino B. Mong for Land Bank.

SYNOPSIS

Four parcels of land owned by petitioner bank was placed under the comprehensive agrarian reform program by the Department of Agrarian Reform pursuant to

The Department of Agrarian Reform, under Section 50 of

SYLLABUS

1. LABOR AND SOCIAL LEGISLATION; RA NO. 6657 (COMPREHENSIVE AGRARIAN REFORM LAW); ORIGINAL EXCLUSIVE JURISDICTION OF DAR OVER ALL MATTERS INVOLVING IMPLEMENTATION OF AGRARIAN REFORM LAW AND ORIGINAL AND EXCLUSIVE JURISDICTION OF RTC OVER PETITIONS FOR DETERMINATION OF JUST COMPENSATION, NOT CONTRADICTORY. There is nothing contradictory between the provision of 50 granting the DAR primary jurisdiction to determine and adjudicate "agrarian reform matters" and exclusive original jurisdiction over "all matters involving the implementation of agrarian reform," which includes the determination of questions of just compensation, and the provision of 57 granting Regional Trial Courts "original and exclusive jurisdiction" over (1) all petitions for the determination of just compensation to landowner, and (2) prosecutions of criminal offenses under

2. ID.; ID.; 15-DAY PERIOD TO APPEAL VALUATION; JUST COMPENSATION BY DAR ADJUDICATOR, JURISDICTIONAL; CASE AT BAR. Under HaTSDA

D E C I S I O N

MENDOZA, J p:

This is a petition for review of the decision of the Court of Appeals, dated August 28, 1997, affirming the dismissal by the Regional Trial Court, Branch 2, Tagum, Davao, of the petition for judicial determination of the just compensation filed by petitioner for the taking of its property under the Comprehensive Agrarian Reform Program. cdll

The facts are as follows:

Petitioner Philippine Veterans Bank owned four parcels of land in Tagum, Davao, which are covered by Transfer Certificates of Title Nos. T-38666, T-38667, T-6236, and T-27591. The lands were taken by the Department of Agrarian Reform for distribution to landless farmers pursuant to the states in pertinent parts:

Since this case was filed only on January 26, 1994, the fifteen-day period provided for under Section 51 of

Section 51 of

SECTION 51. Finality of Determination. Any case or controversy before it (DAR) shall be decided within thirty (30) days after it is submitted for resolution. Only one (1) motion for reconsideration shall be allowed. Any order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.

On appeal to the Court of Appeals, the decision was affirmed. It was held that:

Jurisdiction over land valuation cases is lodged in the Department of Agrarian Reform Adjudication Board, as is plainly provided under Rule II of the DARAB Revised Rules of Procedure.

SECTION 1. Primary and Exclusive Original and Appellate Jurisdiction. The Board shall have primary and exclusive jurisdiction, both original and appellate, to determine and adjudicate all agrarian disputes, involving the implementation of the Comprehensive Agrarian Reform Program (CARP) under

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b) The valuation of land, and determination and payment of just compensation, fixing and collection of lease rentals, disturbance compensation, amortization payments, and similar disputes concerning the functions of the Land Bank of the Philippines.

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The above provision does not negate the original and exclusive jurisdiction vested in Special Agrarian Court over all petitions for the determination of just compensation to landowners as provided in Section 51 of

Note, however, must be taken of Rule XIII, Section 11 of the

The decision of the Adjudicator on land valuation and preliminary determination and payment of just compensation shall not be appealable to the Board but shall be brought directly to the Regional Trial Court designated as Special Agrarian Courts within fifteen (15) days from receipt of the notice thereof. Any party shall be entitled to only one motion for reconsideration.

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In pursuance thereof, it is clear that the right of a landowner who disagrees with the valuation fixed by the DAR to file a petition for the judicial fixing of just compensation before special agrarian courts must be exercised within the period provided in Rule XIII, Section 11.

In this case, appellant neither gives information regarding the date of its receipt of the questioned Order of the DAR Provincial Adjudicator, nor disputes the conclusion made by the trial court that, "(s)ince this case was filed only on January 26, 1994, the fifteen-day period provided for under Section 51 of

Petitioner filed a motion for reconsideration, but its motion was likewise denied. Hence, this petition for review. Petitioner raises the following issue:

SHOULD A PETITION FOR THE JUDICIAL FIXING OF JUST COMPENSATION BEFORE SPECIAL AGRARIAN COURT BE FILED WITHIN THE PERIOD PROVIDED IN RULE XIII, SECTION 11 OF THE

Petitioner argues that DAR adjudicators have no jurisdiction to determine the just compensation for the taking of lands under the Comprehensive Agrarian Reform Program, because such jurisdiction is vested in Regional Trial Courts designated as Special Agrarian Courts and, therefore, a petition for the fixing of just compensation can be filed beyond the 15-day period of appeal provided from the decision of the DAR adjudicator. cda

On the other hand, respondents argue that actions for the fixing of just compensation must be filed in the appropriate courts within 15 days from receipt of the decision of the DAR adjudicator, otherwise such decision becomes final and executory, pursuant to 51 of

Petitioner's contention has no merit.

The pertinent provisions of

SECTION 50. Quasi-Judicial Power of the DAR. The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR) . . . .

SECTION 57. Special Jurisdiction. The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, and the prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts, unless modified by this Act.

The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision.

There is nothing contradictory between the provision of 50 granting the DAR primary jurisdiction to determine and adjudicate "agrarian reform matters" and exclusive original jurisdiction over "all matters involving the implementation of agrarian reform," which includes the determination of questions of just compensation, and the provision of 57 granting Regional Trial Courts "original and exclusive jurisdiction" over (1) all petitions for the determination of just compensation to landowner, and (2) prosecutions of criminal offenses under The first refers to administrative proceedings, while the second refers to judicial proceedings. Under Within 30 days from receipt of notice, the landowner shall inform the DAR of his acceptance or rejection of the offer. In the event the landowner rejects the offer, a summary administrative proceeding is held by the provincial (PARAD), the regional (RARAD) or the central (DARAB) adjudicator, as the case may be, depending on the value of the land, for the purpose of determining the compensation for the land. The landowner, the Land Bank, and other interested parties are then required to submit evidence as to the just compensation for the land. The DAR adjudicator decides the case within 30 days after it is submitted for decision. If the landowner finds the price unsatisfactory, he may bring the matter directly to the appropriate Regional Trial Court.

To implement the provisions of

Land Valuation and Preliminary Determination and Payment of Just Compensation. The decision of the Adjudicator on land valuation and preliminary determination and payment of just compensation shall not be appealable to the Board but shall be brought directly to the Regional Trial Courts designated as Special Agrarian Courts within fifteen (15) days from receipt of the notice thereof. Any party shall be entitled to only one motion for reconsideration.

As we held in , this rule is an acknowledgment by the DARAB that the power to decide just compensation cases for the taking of lands under Cdpr

The jurisdiction of the Regional Trial Courts is not any less "original and exclusive" because the question is first passed upon by the DAR, as the judicial proceedings are not a continuation of the administrative determination. For that matter, the law may provide that the decision of the DAR is final and unappealable. Nevertheless, resort to the courts cannot be foreclosed on the theory that courts are the guarantors of the legality of administrative action.

Accordingly, as the petition in the Regional Trial Court was filed beyond the 15-day period provided in Rule XIII, 11 of the

WHEREFORE, the decision of the Court of Appeals is AFFIRMED.

SO ORDERED.

Bellosillo, Quisumbing, Buena and De Leon, Jr., JJ., concur.

Footnotes

1. Per Justice Conrado M. Vasquez, Jr. and concurred in by Justices Consuelo Ynares-Santiago (now Associate Justice of the Supreme Court), and Demetrio G. Demetria.

2. Dated February 23, 1995; RTC Records, pp. 54-55.

3. CA Decision, pp. 3-4; Rollo, pp. 27-28.

4. , 201 SCRA 609 (1991).

5.

6. Id., 16(b).

7. Id., 16(d).

8. Id., 16(f) in relation to 57.

9. 263 SCRA 750 (1996).

10. See , 64 SCRA 56 (1975).