[ SC ADMINISTRATIVE CIRCULAR NO. 38-2002, August 28, 2002 ]
[ SC ADMINISTRATIVE CIRCULAR NO. 38-2002, August 28, 2002 ]
[ SC ADMINISTRATIVE CIRCULAR NO. 38-2002, August 28, 2002 ]
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
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