Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
Old
DARAB Case No. VII-BARPO II
DARPO, FOR: Review of Agricultural Leasehold
Petitioner, Contract (ALHC)

- versus-

Agricultural Lessor,
, Agricultural Lessee,
Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -- x

DECISION

Before this Adjudication Board is a Petition for Review of the Agricultural

Leasehold Contract (ALHC) filed on March 04, 2020 by through counsel, in her
capacity as the Provincial Agrarian Reform Program Officer II (PARPO II) of
DAR Provincial Office of Bohol.

That the subject matter for review is an agricultural leasehold contract

which was entered on 02nd day of September, 1994 by and between Agricultural
Lessee, involving an agricultural landholding, described below:

“an agricultural landholding located

at with an
area of FIVE THOUSAND (5,000) square
meters, bounded on:

North :

Petitioner claims that one of the functions of PARPO II is to conduct

periodic review of all existing leasehold contracts and the proper adjustment
thereof pursuant to DAR Administrative Order No. 2 series of 2006, as amended.
Hence, the present petition.

Discussions and Ruling

At the outset, it is important to emphasize the jurisdiction of DAR

Adjudication Board (DARAB) on matters relating to review of agricultural
leasehold contract as provided under Section 1, paragraph (g) of the 2009 DARAB
Rules of Procedure, to wit:

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 CARP under

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 R.A. 6657, as amended by R.A. 9700, EO228, 229
and 129-A, RA 3844, as amended by RA 6389, PD
No. 27, and other agrarian laws and their
Implementing Rules and Regulations. Specifically,
such jurisdiction shall include but not limited to cases
involving the following:
a. ....
b. ....
c. ....
d. ... .
e. ....
f. . . ..
g. Those involving the review of leasehold
rentals and . . .
h. ....
i. ....
j. ....
k. . . . . ‘’
The review of agricultural leasehold rental is pursuant to the mandate of
DAR to protect the rights and improve the tenurial and economic status of the
farmers of tenanted lands.

In this regard, Item No. IX of DAR A.O 2 series of 2006, otherwise known
as the Revised Rules and Procedure Governing Leasehold Implementation in
Tenanted Agricultural Land, expressly provides, that:

“The PARO shall ensure the conduct of periodic review

of all existing leasehold contracts as the proper adjustment
thereof, if warranted, based on the changes in production,
income, and other essential agricultural and transactional
activities, significantly affecting the lessor and lessee of the
agricultural land. xxx xxx xxx.”

On the basis of the foregoing, there is a need to review existing leasehold

contracts and update it accordingly pursuant to DAR Administrative Order No. 02,
Series of 2006.

Records of the case show that the subject ALHC had been executed on the
02nd day of September, 1994, or for more than twenty-five (25) years, hence, it is
imperative that the parties to the contract be called and examined, as part of the
periodic review of existing leasehold contracts.

Nonetheless, upon perusal of the records, it was found out that the present
petition is a duplication of DARAB Case No, which was previously decided and
resolved by this Adjudication Board on October 17, 2017, hence the principle of
res judicata applies.

Res judicata means “a matter adjudged; a thing judicially acted upon or

decided; a thing or matter settled by judgment”. It also refers to the “rule that a
final judgment or decree on the merits by a court of competent jurisdiction is

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conclusive of the rights of the parties or their privies in all later suits on points or
matters determined in former suits.1

WHEREFORE, premises considered, the present Petition for Review of

the Agricultural Leasehold Contract executed by and between Agricultural Lessee
on the 02nd day of September, 1994, is hereby DISMISSED on the ground of RES
JUDICATA.

SO ORDERED.

19th day of March, 2020, Philippines.

Provincial Adjudicator

Copy furnished:

Petitioner
Provincial Agrarian Reform Program Officer II
DAR Provincial Office
2nd Floor, Old

1. Mr.
Counsel for the Petitioner
Legal Officer, ALS –
3rd Floor, Old Capitol Building
Poblacion III, Ta

2. The

3. File copy//

1
Elsa Degaya vs. Cecilia Magbanua-Dinglasan, G.R. No. 173148, April 6, 2015

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