August 26, 1983

MINISTRY MEMORANDUM CIRCULAR NO. 13-83

TO                :     All Regional Directors, Team Leaders, District Officers, Lawyers and Field Personnel

SUBJECT    :     Enforcement of the Statutory Requirement of Conciliation in the Settlement of Land Disputes

            Quoted hereunder, for your information and guidance, is the full text of Letter of Instructions No. 1314 issued on April 26, 1983:   ScEaAD

"LETTER OF INSTRUCTIONS NO. 1314

TO       :     The Minister of Agrarian Reform

                  The Director of Lands

                  The Director of Mines

                  The Director of Forest Development

                  The Director of Fisheries and Aquatic Resources

                  The Commissioner on the Settlement of Land Problems

                  The PC-INP Chief Philippine Constabulary

                  All Concerned Agencies

WHEREAS; it is imperative that land disputes be expeditiously resolved in the manner most acceptable to all parties concerned;

WHEREAS, the barangay conciliation system established under P.D. No. 1508, otherwise known as the "Katarungang Pambarangay Law" has in numerous cases rendered unnecessary formal adjudication by the Court or government offices of disputes through the effective and speedy settlement of disputes among barangay members;

WHEREAS, the barangay settlement procedures can serve as effective, efficient and expeditious mode of settlement of land disputes;

NOW, THEREFORE, you are hereby directed to desist from receiving any complaint or petition involving land disputes until after the parties have availed themselves of the barangay settlement procedures prescribed by the Katarungang Pambarangay Law:

The Barangay Captain and the Pangkat ng Tagapagkasundo are hereby directed to give preferential attention to land disputes and to expedite settlement thereon.

The PC-INP is hereby directed to render full assistance in the enforcement of settlements effected through barangay conciliation proceedings.

This Order shall be implemented immediately.

DONE in the City of Manila, this 26th day of April, in the year of our Lord, nineteen hundred and eighty-three.

(Sgd.) FERDINAND E. MARCOS

Under P.D. No. 1508, otherwise known as the "Katarungang Pambarangay Law, the Lupong Tagapayapa, the conciliation body created by said law has authority to amicably settle all the land disputes except the following.   CSTcEI

1.         Where the parties involved reside in barangays of different cities or municipalities unless such barangays adjoin each other;

2.         Where the dispute involves real property located in different cities or municipalities;

3.         Where one party is a public officer or employee and the dispute relates to the performance of his Official functions;

4.         Where one party is the government or any subdivision or instrumentality thereof,

5.         Where the dispute involves an offense punishable by imprisonment exceeding thirty (30) days or a fine exceeding Two Hundred Pesos (P200.00);

6.         Where the dispute involves an offense punishable by imprisonment exceeding thirty (30) days or a fine exceeding Two Hundred Pesos (P200.00);

7.         Offenses where there is no private offended party;

8.         Such other classes of disputes which the Prime Minister may, in the interest of justice, determine upon the recommendation of the Minister of Justice and the Minister of Local Government and Community Development;

9.         Where one or both party is/are juridical persons; and

10.       Where the action may otherwise be barred by the Statute of Limitations.

            You are hereby directed to desist from taking cognizance of all land disputes falling within the authority of the Lupon except those cases enumerated above until after availment of the barangay settlement procedures.

            Particularly the land disputes wherein availment of the barangay conciliation procedures should be strictly enforced are as follows:

1.         Any dispute arising out of the administrative implementation of P.D. 27 and other related decrees, orders, instructions, rules and regulations cognizance by the Minister of Agrarian Reform pursuant to Section 12 (b) of P.D. 946;

2.         Petitions/complaints for the fixing of provisional rental of any kind of tenanted agricultural land;

3.         All land disputes involving settlement lands under the administration of the Ministry of Agrarian Reform;

4.         All land disputes involving landed estates over which the Ministry of Agrarian Reform has jurisdiction;

5.         All other complaints, petitions, actions or proceeding involving agrarian disputes.

            The Team Leader, District Officer, Regional Director with whose Office a complaint, petition, action is filed shall moto proprio make the referral to the Lupon Tagapayapa within whose territorial jurisdiction the land directly involved is situated.   ACaEcH

            It is understood that any amicable settlement and/or compromise agreement executed by the parties through the Lupon Chairman or Pangkat insofar as it affects farmlots and/or homelots covered by P.D. 27 which results in the non-coverage of the property under P.D. 27, ejectment or abandonment of tenants, validation of illegal transactions such as transfer of ownership or possession and waiver of rights in favor of other persons, voluntary surrender, sale or waiver in favor of former landowners, shall be considered null and void, being contrary to law, morals, public policy, good customs, and the rules and regulations of the Ministry of Agrarian Reform.

            The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof unless repudiation of the settlement has been made or a petition for nullification of the award has been filed before the proper city or municipal court.

            Upon invitation of the Lupon Chairman, you are hereby directed to send a MAR representative to the Lupon Tagapayapa to assist in the conciliation or settlement of disputes involving agrarian conflict.

            The Team Leader is also directed to secure copies from the Lupon Secretary of the amicable settlement and/or compromise agreement which concerns settlement involving agrarian disputes executed by the parties every 15th day of the month for guidance.

            This Memorandum Circular shall take effect immediately.

            Diliman, Quezon City, Philippines, August 26, 1983.   aITECA

(SGD.) CONRADO F. ESTRELLA
Minister