You are on page 1of 11

What is DARAB?

DARAB stands for DAR Adjudication Board. It is the quasi-judicial power of DAR that has
primary jurisdiction to determine and adjudicate agrarian reform matters and appellate
jurisdiction over orders and decisions of the Agrarian Reform Ajudicators.
Organizational Structure

DARAB CASES
The DAR Adjudicator has the primary and exclusive original jurisdiction to determine and
adjudicate the following cases:

Determination of title to agricultural lands where this issue is raised in an agrarian dispute by

any of the parties or a third person in connection with the possession thereof for the purpose of
preserving the tenure of the agricultural lessee or actual tenant-farmer or farmer-beneficiaries;
and affecting the ouster of the interloper or intruder in one and the same;

Annulment or recission of lease contracts or deeds of sale or their amendments involving


lands under the administration and disposition of the DAR and LBP; as well as EPs issued
under PD 266, Homestead Patents, Free Patents, Free Patents, and miscellaneous sales patents
to settlers in settlement and resettlement areas under the administration and disposition of the
DAR;

Rights and obligation of persons whether natural or juridical engaged in the management,
cultivation and use of all agricultural lands covered by RA 6657 and other related agrarian
laws;

Agrarian cases, disputes, matters or concerns referred to it by the Secretary of the DAR;
Boundary disputes over lands under the administration and disposition of the DAR and the
LBP which are transferred, distributed, and/or sold to tenant-beneficiaries and are covered by
deed of sale, patents and certificate of title;

Collection of amortizations on payments for lands awarded under PD 27, RA 6657 and other
related laws, decrees, orders, instructions, rules and regulations as well as payment for
residential, commercial and industrial lots within the settlement and resettlement areas under
the administration and disposition of the DAR;

Acquired lands under PD27 and the CARP for preliminary administrative determination of
reasonable and just compensation;

Sale, alienation, pre-emption and redemption of agricultural lands under the coverage of the
CARL or other agrarian laws;

Ejectment and dispossession of tenants and or leaseholders; exclusive jurisdiction of the


defunct Court of Agrarian Relations under Section 12 of PD 946 except those cases falling
under the proper courts or other quasi-judicial bodies; and

Secondary and subsequent issuances of the CLOAs and EPs which are registered with the
Land Registration Authority and those cases involving correction, partition, disputes, matters
or concerns referred to it by the DAR Secretary.

Preliminary administrative determination of reasonable and just compensation of lands


acquired under PD 27 and CARP.
Authority of DARAB
1.
2.
3.
4.
5.
6.
7.
8.
9.

Hear and decide cases within its jurisdiction;


Summon witnesses;
Administer oaths;
Take testimony;
Require submission of reports;
Compel production of books and documents and answers to interrogatories;
Issue subpoena ad testificandum or duces tecum;
Issue writs of execution; and
Punish direct and indirect contempt.

For this purpose, whenever necessary, they shall direct the PNP, AFPor any other component
units or other law enforcement agencies to assist in the enforcement and execution of their
decisions, orders, writs and other processes.
Limitations of DARAB
DARAB has no jurisdiction to the following cases:
1. Matters of ownership;
2. Retention or exemption issues;
3. Right of way issues;
4. Identification and classifying landholdings for agrarian reform coverage; and
5. Matters pertaining to identification and selection of beneficiaries.
6. Criminal offenses even related to agrarian cases.
7. Administrative implementation of RA 6657; and
8. Non-Tenancy related issue.
Technical Rules Not Applicable
GR:
The Board and its Regional and Provincial Ajudication Offices are not bound by technical rules
of procedure and evidence as prescribed by ROC.
EXP:

1. If there is no applicable provision under the DARAB rules, the procedural law and
jurisprudence generally applicable to agrarian disputes shall be applied;
2. When the provisions of ROC has been adopted by Resolution of the Board.
Any adopted measure or procedure must be reported to the Board.
Doubt in Interpretation
Any reasonable doubt shall be resolved in favor of the beneficiary, potential beneficiary, tenant
farmer, farm-worker, agricultural lessee, farmers cooperative, association or organization.
Procedure in Filing Cases
1. Mediation/Conciliation proceedings at BARC.
Settled- closed case
o If the case is referred by the Board or Adjudicator the report of conciliation
of BARC will be submitted back to the Board or Adjudicator who referred
the matter. Such report will be the basis for the rendition of decision of the
case before Board or Ajudicator.
Unsettled
o If the BARC is unable to settle the dispute within 30 days it shall return
the case to Ajudicator of origin with certification of non-settlement
furnishing copies to the parties.
2. Filing a sworn complaint or verified petition with the Adjudicator.
o Contents of a complaint:
Area of the land involved
Barangay where the land is situated.
If the land is located in two or more barangays, the barangay where the
larger portion is located;
Name and residence of the complainant or petitioner;
Facts constituting the cause of action and the relief being sought.
The complaint shall include the affidavit(s) of witnesses and documentary
evidence, if any.
o Venue:
All actions shall be brought before the Adjudicator of the Province where
the land is situated.
If the land is located in two or more provinces:
To the adjudicator where the larger portion of land lies unless for
convenience, accessibility and upon the agreement of the parties
and upon the approval of RARAD.
3. Certification and verification of related cases by the Adjudicator.
o Amendment:
Before responsive pleading is served, amendment or supplements are
allowed.
In cases of reply, at any time within 5 days after it is served.

4.

5.

6.

7.
8.
9.

After responsive pleadings have been served, amendments or


supplemental pleadings may be allowed at any stage of the proceedings
but before the rendition of judgment only upon motion filed with
Adjudicator furnishing copies to the adverse party.
Service Pleadings, Notices and Resolutions.
a. The party filing the pleading subsequent to the complaint shall serve opposing
party with a copy thereof and proof of such service shall be filed with the records
of the case.
b. Summons, notices and copies of resolutions orders shall be served:
personally if practicable; or
by registered mail upon party himself; or
through his counsel; or
his duly authorized representative.
Proof of Completeness of Service. The return is prima facie proof of the facts
indicated therein.
Issuance of Summons and notices of hearing.
o The summons and notice of hearing shall direct the defendant or respondent to
file and answer to the complaint or petition or submit counter-affidavits and
other documentary evidence, if any within non-extendible period of fifteen days
from the receipt.
o The summons shall specify the date time and place of the hearing and shall order
the parties and their witnesses to appear at the scheduled date of hearing.
Filing of answer to the complaint and submission of evidence.
The defendant or respondent must file a sworn answer to the complaint or
petition by:
o Responding with admissions; or
o Denials of each and every allegation in the complaint or petition.
The defendant or respondent may incorporate in his answer a motion to dismiss
on the ground of prescription, lack of jurisdiction, failure to state cause of action,
improper venue or when there is another action pending between the same
parties for same cause or the cause of action is barred by a prior judgment.
The answer may include counterclaim or cross-claim for damages.
Notice of Preliminary conference.
Filing of Reply.
Preliminary Conference.
Amicable settlement. During the preliminary conference and at any stage of the
proceedings, the Board or the Adjudicator shall exert all efforts and take positive
steps for amicable settlement.
a. AGREE.
Settlement shall be approved after the Board or Adjudicator is satisfied
that it was voluntarily entered into by the parties and the same is not
contrary to relevant laws, rules and regulations and after having explained
to them the terms and consequences thereof.
b. DISAGREE.
The adjudicator shall resolve and dispose incidents related to the case.

It is the duty of parties and their counsel to appear at the preliminary conference.
If either or both parties fail to appear for preliminary conference, despite proper
notice, the conference shall be deemed terminated and the Adjudicator will
render decision on the basis of evidence on record.

10. Clarificatory Hearing.


During the clarificatory hearing, the adjudicator shall have full control of the
proceeding but may allow counsels to profound clarificatory questions to the
witness.
Upon termination of the clarificatory hearing, the case or incident shall be
deemed submitted for decision or resolution.
11. Decision/Resolutions/ Final Orders.
The decision shall clearly and completely state the findings of fact and specify the
evidence and the law or jurisprudence upon which the decision is based.
Finality of decision will be after the lapse of fifteen (15) days from receipt of a
copy thereof.

Appeal
The aggrieved party can elevate the order or ruling of DAR to the CA by way of a petition for
review on certiorari under Rule 43 of the ROC.
The findings of fact of the DAR are final and conclusive if based on substantial evidence.
Grounds for Appeal
The aggrieved party can appeal if there are errors in the findings of fact or conclusions of law
are committed which if not corrected would cause grave and irreparable damage or injury to
the appellant or the order, resolution or decision was obtained through fraud or coercion.
How long will it take to act/decide on an appeal to DARAB?
The Board renders its decision on appeal before it, as much as possible, within thirty
(30) days upon receipt of the Notice of Appeal and the records of the case transmitted by the
Adjudicator.
Decision or order of the Board becomes final after the lapse of fifteen (15) days from
receipt of a copy by the counsel or representative or by the party himself. If copy of the decision
cannot be served personally or by mail and publication, the decision shall become final after
the lapse of sixty (60) days from the date of publication. DARAB Rules of Procedures (2003)
Rule XIV, Sec. 14.