Republic of the Philippines

REGIONAL TRIAL COURT

___ Judicial Region
Branch ___
__________, Pangasinan

JUAN DELA CRUZ,

Petitioner,
Agr. Case No.:
For:
DEPARTMENT OF
AGRARIAN REFORM and
LAND BANK OF THE
PHILIPPINES,
Respondents.
x----------------------------------------------x

MANIFESTATION

Respondent Department of Agrarian Reform (hereinafter, DAR), through

the undersigned Bureau of Agrarian Legal Assistance and unto this Honorable
Court, most respectfully avers:

1. On 3 October 2022, this Honorable Court reset anew the hearing

scheduled, to 13 February 2023, taking into account the predicament
of the respondents who are apparently not represented by a counsel on the same
day.

1.1. The supposed predicament stemmed from the Memorandum

of Agreement dated 11 June 2021 (hereinafter, MoA), executed
between Respondent DAR and Respondent LandBank of
the Philippines (hereinafter, LBP), which in essence, designates
Respondent DAR to assume representation of Respondent
LBP re just compensation cases, while the latter shall, among
others:

a. acts as technical/expert witness and submits

evidence/documents and testifies in valuation cases before the
DARAB of Courts,1 and

b. collaborates and gives DAR all technical assistance, evidence

and documents to enable the DAR’s Lawyers to competently
represent the DAR and defend the LBP’s computed valuation.2

1
MoA; at Clause 3.2.
2
Id; at Clause 3.3.
Manifestation
dela Cruz v. DAR, et al.
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 2. Prior to the hearing mentioned above, Respondent DAR filed the
Manifestation dated 29 September 2022 (hereinafter, DAR Manifestation)
conveying its apprehension to assume representation of
Respondent LBP pending the issuance of the supposed “rules and
regulations” to implement the MoA, consistent with Clause 5.0
thereof, concluding that it lacks the “authority” to represent a client.3

3. On 31 January 2023, Respondent DAR received a copy of the

Withdrawal of Appearance dated 27 December 2022 filed by the Office
of the Government Corporate Counsel (hereinafter, OGCC), which
states that it withdraws its appearance as counsel for Respondent
LBP, on the strength of the MoA.

4. While on 9 February 2023, Respondent DAR received a copy of

the Manifestation with Omnibus Motion to Reset Hearing and Joint Motion
to Withdraw LBP as a Party dated 8 February (hereinafter,
Manifestation/Motion), which was served through email of
Respondent LBP.

4.1. The Manifestation/Motion ultimately prays for LBP’s

withdrawal as a party litigant from the instant case and the DAR’s
continuation for representation as counsel of the government,4 and
resetting of the hearing set on 13 February 2023 to 26 July
2023.

4.2. As in the case of OGCC, Respondent LBP invokes the

MoA, furthered by Administrative Order (A.O.) No. 45 and
A.O. No. 86 (issued on 21 December 2022), both of which
appears to have been issued by Respondent DAR.

4.3. A.O. No. 8, as aforementioned is entitled “Guidelines in

Handling of Just Compensation Cases Before the DAR Adjudication
Board, Special Agrarian Courts, and Appellate Courts Relative to the
Memorandum of Agreement (MOA) Between the LandBank of the
Philippines (LBP) and the Department of Agrarian Reform,” which
in effect is the “rules and regulations” referred to in the
MoA, to implement it, consistent with its Clause 5.0.

4.4. Respondent LBP invokes further a Letter dated 5 September

2022 (appears to have been marked as Annex C, but which
was not actually enclosed in the Manifestation/Motion)
supposedly prepared by Undersecretary for Legal Affairs

3
DAR Manifestation; at Par. 8.
4
Manifestation/Motion; at Par. 12.
5
Series of 2022.
6
also, series of 2022; marked as Annex A, and actually enclosed in the
Manifestation/Motion.
Manifestation
dela Cruz v. DAR, et al.
Page 3 of 3
 Office of Respondent DAR, Atty. Galit, and which supposed
essence thereof was quoted7 in Manifestation/Motion, thus:

“Relative to the above subject, please be notified that the

subject Memorandum of Agreement (MOA) between
Landbank of the Philippines (LBP) and the Department of
Agrarian Reform (DAR), having been already issued the
corresponding Implementing Rules and Regulations (IRR), the
same is immediately effective and executory between the
parties.

The requirement of publication is only to afford guidance to

third (3rd) parties such as the landowners or the concerned
parties.

Accordingly, the process indicated in the MOA should

proceed.”

4.5. Nevertheless, the Letter dated 5 September 2022, being

prepared on the same date of 5 September 2022 —
obviously was issued earlier and prior to A.O. No. 8 which
was issued on 21 December 2022), which in the meanwhile
provides in part:

VIII. EFFECTIVITY

This Administrative Order shall take effect immediately

after its publication in two (2) newspapers of general
circulation and its registration in the Office of the
National Administrative Register (ONAR) of the
University of the Philippines (UP) Law Center.
[Emphases supplied].

4.6. As of yesterday, following a clarification with the Office of the

Regional Director, Region IV-A, the regional office that exercises
supervision over the undersigned Bureau of Agrarian Legal Assistance
— A.O. No. 8 has yet to be published in two (2) newspapers
of general circulation, at the very least.

5. At this juncture, Respondent DAR hereby joins Respondent LBP

in its prayer that the hearing set on 13 February 2023 be reset to 26
July 2023, but further found on the winding up, otherwise,
compliance with the processes (particularly, with the turnover of the
instant case first from OGCC to Respondent LBP, then of the latter to
Respondent DAR) delineated under A.O. No. 8.

PRAYERS

WHEREFORE, premises considered, the undersigned counsel most

respectfully prayed of this Honorable Court:

7
see Manifestation/Motion; at Par. 11.
Manifestation
dela Cruz v. DAR, et al.
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 a. the instant Manifestation be NOTED,

b. the hearing set on 13 February 2023 be RESET to 26 July 26, 2023,

and

c. for such other reliefs equitable and just in the premises.

10 February 2023, Sta. Cruz, Laguna for San Pablo City.

BUREAU OF AGRARIAN LEGAL ASSISTANCE

DEPARTMENT OF AGRARIAN REFORM
Counsel for Respondent DAR
____________________
__________, __________

By:

____________________
Attorney V/Chief, Legal Division
PTR No. _______/_______/Province of Pangasinan
MCLE Compliance No. __________/__________
Roll No. _____ IBP Life Member Roll No. ______/_______

Original filed:

Copies served:

Manifestation
dela Cruz v. DAR, et al.
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 EXPLANATION

The filing and serving of the foregoing Manifestation has been made
through registered mail since personal service is not practicable due to distance
and personnel constraints, and the current pandemic situation.

Manifestation
dela Cruz v. DAR, et al.
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