G.R. No.

154112

September 23, 2004

DEPARTMENT OF AGRARIAN REFORM, petitioner,

vs.
ROBERTO J. CUENCA and Hon. ALFONSO B. COMBONG JR., in His Capacity as the
Presiding Judge of the Regional Trial Court, Branch 63, La Carlota City, respondents.

FACTS:
Private respondent Roberto J. Cuenca is the registered owner of a parcel of land
designated as Lot No. 816-A and covered by TCT No. 1084, containing an area of 81.6117 hectares,
situated in Brgy. Haguimit, La Carlota City and devoted principally to the planting of sugar cane.On 21
September 1999, Noe Fortunado, Municipal Agrarian Reform Officer (MARO) of La Carlota City issued
and sent a NOTICE OF COVERAGE to private respondent Cuenca placing the above-described
landholding under the compulsory coverage of R.A. 6657, otherwise known as the Comprehensive
Agrarian Reform Program (CARP). The NOTICE OF COVERAGE also stated that the Land Bank of the
Philippines (LBP) will determine the value of the subject land pursuant to Executive Order No. 405 dated
14 June 1990. On 29 September 1999, private respondent Cuenca filed with the Regional Trial Court,
Branch 63, La Carlota City, a complaint against Noe Fortunado and Land Bank of the Philippines for
Annulment of Notice of Coverage and Declaration of Unconstitutionality of E.O. No. 405, Series of 1990,
With Preliminary Injunction and Restraining Order. The case was docketed as Civil Case No. 713.

ISSUES:
1. Whether or not the private respondent, which seeks to exclude his land from the
coverage of the CARP, is an agrarian reform matter and within the jurisdiction of the DAR, not with the
trial court.
2. Whether or not that the trial court gravely abused its discretion by sustaining the
issued writ of injunction, which is a violation of Sections 55 and 68 of Republic Act No. 6657.

RULING:
1. No, the issue involves the implementation of agrarian reform, a matter over which
the DAR has original and exclusive jurisdiction, pursuant to Section 50 of the Comprehensive Agrarian
Reform Law (RA 6657). Under Section 17 thereof, the DAR shall exercise "quasi-judicial powers to
determine and adjudicate agrarian reform matters, and shall have exclusive jurisdiction over all matters
involving implementation of agrarian reform, except those falling under the exclusive original
jurisdiction of the DENR and the Department of Agriculture. The DAR shall also have the "powers to
punish for contempt and to issue subpoena, subpoena duces tecum and writs to enforce its orders or
decisions
2. Yes, that the RTC of La Carlota City (Branch 63) was devoid of authority to issue the
assailed Writ of Preliminary Injunction. That Writ must perforce be stricken down as a nullity. Such
nullity is particularly true in the light of the express prohibitory provisions of the CARP and this Courts
Administrative Circular Nos. 29-2002 and 38-2002. These Circulars enjoin all trial judges to strictly
observe Section 68 of RA 6657.