Agrarian Justice Delivery
Delivery of Agrarian Justice is a method instituted in order to protect the interests of parties involved in the course of the implementation of the Comprehensive Agrarian Reform Program of the government, such as, but not limited to farm-worker, share tenant, landowner, farmer beneficiaries, etc.
Agrarian Justice imports the equality between the landowner, on the one hand, and the farmer, on the other. Conflicting interest between the parties involve are resolve through the establisment of certain policies, rules, and regulations that will finally settle the controversy. Agrarian Justice involves active participation in Judicial Cases, Quasi-Judicial, ALI Cases and others which are usually handled by Trial Lawyers and paralegal officers in the Department.
The Legal Division of DARPO Sibugay, has a performance contract of the above mentioned four major component for the year 2009. The targeted figures are as follows: For Judicial Cases and Prosecutors Office, 15 Cases; For Quasi judicial, 130 Cases; For ALI cases, 200 Cases; and for Mediation and Conciliation, 500 Cases.
The Four Major Components in the Delivery of AJ are the Following:
- JUDICIAL CASES - which refers to the filing of case in the regular courts and involves the active participation in every proceedings thereon. Example, filing of Reconstitution of Title;
- QUASI JUDICIAL CASES - also involve the active participation in Quasi Judicial body, and other agency and tribunal which has a quasi judicial function in their respective areas of concern;
- ALI CASES - which involve agrarian law implementation covering issues that are purely administrative in character, such Transfer Action, Issuance of DAR Clearance, issuance of Certificate of Retention, Exemption/conversion Clearance and other administrative concerns;
- MEDIATION AND CONCILIATION CASES - the process of settling agrarian disputes extrajudicially, before the same can be ripen into actual court settlement.
Jurisprudence Domain
Tenancy Relationship can only be created with the consent of the true and lawful landholder through lawful means and not by imposition or usurpation; so that mere cultivation of the land by a usurper cannot confer upon him any legal right to work on the land as tenant and enjoy the protection of security of tenure of the law. CA-G.R. No. S.P. No. 64266.
