c



c
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Petitioners are the owners/developers of several parcels of land. By virtue of a Municipal
Ordinance, these lands were reclassified as industrial lands. As part of their preparation for the
development of the subject lands as an industrial park, petitioners secured all the necessary permits and
appropriate government certifications.
However, the DAR disallowed the conversion of the subject lands for industrial use and directed the
petitioners to cease and desist from further developments on the land.
Petitioners filed with the RTC a Complaint for Injunction with Application for Temporary
Restraining Order and a Writ of Preliminary Injunction. However, the RTC, ruling that it is the DAR which
has jurisdiction, dismissed the complaint.
When the case was brought to the SC, it was referred to the CA. However, the CA affirmed the
dismissal of the case. Hence, this petition.

a









 


 

After the passage of Republic Act No. 6657, otherwise known as Comprehensive Agrarian
Reform Program, agricultural lands, though reclassified, have to go through the process of conversion,
jurisdiction over which is vested in the DAR.
The Department of Agrarian Reform (DAR) is mandated to ͞approve or disapprove applications
for conversion, restructuring or readjustment of agricultural lands into non-agricultural uses,͟ pursuant
to Section 4(i) of Executive Order No. 129-A, Series of 1987.
Section 65 of R.A. No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of
1988, likewise empowers the DAR to authorize under certain conditions, the reclassification or
conversion of agricultural lands.
It being settled that jurisdiction over conversion of land is vested in the DAR, the complaint for
injunction was correctly dismissed by the trial and appellate courts under the doctrine of primary
jurisdiction. The doctrine of primary jurisdiction precludes the courts from resolving a controversy over
which jurisdiction has initially been lodged with an administrative body of special competence. For
agrarian reform cases, jurisdiction is vested in the Department of Agrarian Reform (DAR); more
specifically, in the Department of Agrarian Reform Adjudication Board (DARAB).









 




 




Section 68 of Rep. Act No. 6657 provides:
SEC. 68. Immunity of Government Agencies from Undue Interference. ʹ 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.