1. What is an agrarian dispute?

Agrarian Dispute refers to any issue or controversy pertaining to tenurial

arrangements over lands devoted to agriculture. These arrangements may be
tenancy, leasehold, or stewardship. It also includes disputes concerning
farmworkers’ associations or representation of persons negotiating, fixing,
maintaining, changing or seeking to arrange terms of the tenurial arrangements.

Moreover, controversies relative to the compensation of acquired lands

under the CARL, terms and conditions of transfer of ownership from landowner
to farmworkers, tenants and other agrarian beneficiaries, whether the disputants
stand in the proximate relation of farm operator and beneficiary, lessor and
lessee and landowner and tenant.

Jurisprudence so provides that every case involving agricultural land does

not automatically qualify it as an agrarian dispute. The fact that the land is
agricultural does not ipso facto make the possessor an agricultural lessee or
tenant. Considering that tenancy is alegal relationship, there are requisites
before he can qualify as an agricultural lessee or tenant, and the subject matter
being agricultural land constitutes simply one condition. In order to be
encompassed in the realm of agrarian dispute, tenancy relationship must exist
between the parties.

2. Without an agrarian dispute, does DARAB has jurisdiction over petition for
annulment of sale and cancellation of titles?

Yes, DARAB has jurisdiction over a petition for annulment of sale and
cancellation of titles involving lands under the administration of the department of
agrarian reform, even without an agrarian dispute. Jurisprudence so provides
that the jurisdiction of DARAB is not limited to controversies relating to agrarian
disputes. Under the DARAB RULES OF PROCEDURE, the Adjudication Board
has jurisdiction over cases involving sale, redemption, alienation or pre-emption
of agricultural lands under the coverage of RA 6657 and over other agrarian
reform matters referred to it by the Sec. of DAR.

In view of the preceding, DARAB's quasi-judicial jurisdiction does not only

focus solely on issues involving agrarian disputes. It also encompasses other
agrarian maters which do not fall under the exclusive jurisdiction of the Office of
 the Secretary of DAR, the Department of Agriculture and the Department of
Environment and Natural Resources, as well as the Special Agrarian Courts.

3. Explain the dictum “tenancy attaches to the land”

This dictum implies that tenancy established by the existence of tenancy

relationship, which follows essential requisites, is always attached to the land by
the operation of law irrespective of whoever becomes the subsequent owner to
the subject land. It is noteworthy that tenancy cannot be presumed so as the
entitlement of tenancy cannot also be defeated by mere immaterial circumstance
which the adverse party may establish in order to oust a tenant.

Tenancy is not severed by the change of ownership in case of sale or

transfer of legal possession. In such case, the new owner shall assume the rights
and obligations of the transferor and respect the existence of tenancy. Considering
that tenancy relationship is the juridical tie that gives life to the rights provided by
agricultural laws, the same shall be uphold in order not to defeat the Philippine
Constitution’s guarantee of social justice.