Implementation of Section 68 of R.A. No. 6657, also known as the Comprehensive Agrarian Reform Law of 1988
Supreme Court Administrative Circular No. 38-02, issued on August 28, 2002, emphasizes the careful application of the Comprehensive Agrarian Reform Law (R.A. No. 6657) by trial judges in the Philippines. It instructs judges to avoid jurisdictional conflicts with the Department of Agrarian Reform (DAR) and other related agencies, while also urging prompt resolution of agrarian cases. The circular highlights Section 68 of R.A. No. 6657, which prohibits lower courts from issuing injunctions or orders against government agencies involved in agrarian reform implementation. The Office of the Court Administrator is tasked with enforcing this directive.
Law Information
- Reference Number
- Supreme Court Administrative Circular No. 38-02
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 28, 2002
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 38-02
TO : All Trial Judges
RE : Implementation of Section 68 of R.A. No. 6657, also known as the Comprehensive Agrarian Reform Law of 1988
In Administrative Circular No. 29-2002, the Supreme Court reminded all trial judges of the need for a careful and judicious application of Republic Act No. 6657, also known as the Comprehensive Agrarian Reform Law (CARL) of 1988, as amended. It stressed the need to avoid conflict of jurisdiction with the Department of Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR). It likewise exhorted judges to avoid delays in the resolution of agrarian cases.
In furtherance of the Court's policy to expedite the resolution of cases involving agrarian disputes to fully implement the objectives of the CARL, Judges are hereby enjoined to strictly observe Section 68, R.A. No. 6657, which provides as follows:
Section 68. Immunity of Government Agencies from Undue Interference. — No injunction, restraining order, prohibition or mandamus shall be issued by the lower courts against the Department of Agrarian Reform (DAR), the Department of Agriculture (DA), the Department of Environment and Natural Resources (DENR), and the Department of Justice (DOJ) in their implementation of the program.
The Office of the Court Administrator shall implement this Administrative Circular, which shall take effect upon its issuance.
Issued this 28th day of August 2002.
(SGD.) HILARIO G. DAVIDE, JR.Chief Justice
Cite This Law
Implementation of Section 68 of R.A. No. 6657, also known as the Comprehensive Agrarian Reform Law of 1988, Supreme Court Administrative Circular No. 38-02, Aug 28, 2002 (Philippines)
Implementation of Section 68 of R.A. No. 6657, also known as the Comprehensive Agrarian Reform Law of 1988, Supreme Court Administrative Circular No. 38-02 (Phil. 2002)
Related Laws
- Implementation of Sections 7 and 50-A of R.A. No. 6657 (Comprehensive Agrarian Reform Law of 1988), as AmendedOCA Circular No. 62-10 • Apr 28, 2010 • Supreme Court Issuances
- Reiteration of Circulars on TROs, Writs of Preliminary Injunctions, Prohibitions and Mandamus Over Cases Under R.A. No. 6657OCA Circular No. 23-04 • Feb 13, 2004 • Supreme Court Issuances
- Avoidance of Conflict of Jurisdiction Over Cases Under R.A. No. 6657Supreme Court Administrative Circular No. 29-02 • Jul 1, 2002 • Supreme Court Issuances
- Expeditious Disposition of Agrarian CasesOCA Circular No. 39-05 • May 4, 2005 • Supreme Court Issuances
- Comprehensive Agrarian Reform Law of 1988Republic Act No. 6657 • Jun 10, 1988 • Statutes
- Amending RA 6657 (Comprehensive Agrarian Reform Law) Re: Extending the Acquisition and Distribution of Agricultural LandsRepublic Act No. 9700 • Aug 7, 2009 • Statutes
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