Clarifying the jurisdiction of
 DARAB in relation to
 possessory and ejectment
actions involving agricultural lands. Section 33 of the Judiciary Reorganization Act of 1980, as amended, provides for the jurisdiction of first-level courts. Paragraph two of the provision specifically states: (2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession. In actions for forcible entry, the party is deprived of physical possession of land or building by means of force, intimidation, threat, strategy, or stealth. The inquiry centers on who has the prior possession de facto. Plaintiff's proof of prior physical possession of the usurped property is essential for the action to prosper. This is determined by examining the allegations in the complaint. On the other hand, Section 50 of the Comprehensive Agrarian Reform Law of 1988 (CARL), as amended, provides for the quasi-judicial powers of the DAR, to wit: Section 50. Quasi-Judicial Powers of the DAR. — The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR). x x x x DAR exercises this adjudicatory power through the DARAB, which is created by Executive Order No. 129-A (series of 1987). In 2009, the CARL was amended by Republic Act No. (RA) 9700. Section 50 of the CARL was amended as follows: Section 19. Section 50 of Republic Act No. 6657, as amended, is hereby further amended by adding Section 50-A to read as follows: "Sec. 50-A. Exclusive Jurisdiction on Agrarian Dispute. — No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists: Provided, That from the determination of the DAR, an aggrieved party shall have judicial recourse. In cases referred by the municipal trial court and the prosecutor's office, the appeal shall be with the proper regional trial court, and in cases referred by the regional trial court, the appeal shall be to the Court of Appeals. "In cases where regular courts or quasi-judicial bodies have competent jurisdiction, agrarian reform beneficiaries or identified beneficiaries and/or their associations shall have legal standing and interest to intervene concerning their individual or collective rights and/or interests under the CARP." "The fact of non-registration of such associations with the Securities and Exchange Commission, or Cooperative Development Authority, or any concerned government agency shall not be used against them to deny the existence of their legal standing and interest in a case filed before such courts and quasi-judicial bodies." (End of attachment)