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XIII. JUDICIAL REVIEW |
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JUDICIAL REVIEW SECTION 54. Certiorari - Any decision, order, award or ruling of the DAR on any agrarian dispute or an any matter pertaining to the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from receipt of a copy thereof. The findings of fact of the DAR shall be final and conclusive if based on substantial evidence. SECTION 55. No Restraining Order or Preliminary Injunction. - No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement or interpretation of this Act and other pertinent laws on agrarian reform. SECTION 56. Special Agrarian Court - The Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as Special Agrarian Court. The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province. In the designation, the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian Relations. The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts. The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts. SECTION 57. Special Jurisdiction - The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, and the prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts, unless modified by this Act. SECTION 58. Appointment of Commissioners - The Special Agrarian Courts, upon their own initiative or at the instance of any of the parties, may appoint one or more commissioners to examine, investigate and ascertain facts relevant to the dispute, including the valuation of properties, and to file a written report thereof with the court. SECTION 59. Orders of the Special Agrarian Courts - No order of the Special Agrarian Courts on any issue, question, matter or incident raised before them shall be elevated to the appellate courts until the hearing shall have been terminated and the case decided on the merits. SECTION 60. Appeals - An appeal may be taken from the decision of the Special Agrarian Courts by filling a petition for review with the Court of Appeals within fifteen (15) days from receipt of notice of the decision,; otherwise shall become final. An appeal from the decision of the Court of Appeals, or from any order, ruling or decision of the Dar, as the case may be, shall be by a petition for review with the Supreme Court within a non-extendible period of fifteen (15) days from receipt of a copy of said decision. SECTION 61. Procedure on Review. - Review by the Court of Appeals or the Supreme court, as the case may be, shall be governed by the Rules of Court. The Court of Appeals, however, may require the parties to files simultaneous memoranda within a period of fifteen days from notice, after which the case is deemed submitted for decision. SECTION 62. Preferential Attention in Courts. - All courts in the Philippines, both trial and appeliate, shall give preferential attention to all cases arising from or in connection with the implementation of the provisions of this Act. All case pending in court arising from or in connection with the implementation of this act shall continue to be heard, tried and decided into their finality, notwithstanding the expiration of the ten-year period mentioned in Section 5 hereof. |
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Circular Letters/Memoranda |
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Speeches/ Presentations |
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Photo Gallery |
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The 2008 RBAP Charter Symposium |
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2008 CFI Awards |
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Rural Banking Week Celebration Golf Tournament |
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Client Satisfaction Survey for Licensing Management System of the Supervision and Examination Sector |
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Financial Reporting Package 2008 |
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BSP releases regulations on liquidity, market risk weighting |
