Professional Documents
Culture Documents
Date of Publication:
June 6, 1994
Date of Effectivity:
June 22, 1994
TABLE OF CONTENTS
PAG
E
RULE I
GENERAL PROVISIONS
Section 1. Title
Section 2. Construction
Section 3. Technical Rules Not Applicable
Section 4. Official Seal
RULE II
JURISDICTION OF THE ADJUDICATION BOARD
Section 1. Primary and Exclusive Original and Appellate, Jurisdiction
Section 2. Jurisdiction of the Regional and Provincial Adjudicator
Section 3. Functional Relationships
Section 4. Role of the RARAD
Section 5. Appellate Jurisdiction
Section 6. Powers
RULE III
MEDIATION OR CONCILIATION AT BARANGAY LEVEL
Section 1. BARC Certification
Section 2. Exceptions
Section 3. Land or Parties in Two Barangays
Section 4. Issuance of BARC Certification
Section 5. Special Rules on Mediation and Conciliation
RULE IV
COMMENCEMENT OF ACTION, VENUE, AND CAUSE OF ACTION
Section 1. Complaint or Petition
Section 2. Venue
Section 3. One Suit for a Single Cause of Action
Section 4. Joinder of Causes of Action
RULE V
PARTIES, CAPTION, AND SERVICE OF PLEADINGS
Section 1. Parties in Interest
Section 2. Pauper Litigant
Section 3. Association or Corporations as Defendants
Section 4. Service of Pleadings, Notices and Resolutions
Section 5. Service Upon Associations
Section 6. Service Upon Private Domestic Corporation or Partnership
Section 7. Service Upon Public Corporations
Section 8. Return of Service
Section 9. Proof and Completeness of Service
Section 10. Substituted Service
RULE VI
SUMMONS, ANSWER, AND SUBMISSION OF EVIDENCE
Section 1. Issuance of Summons, Time to Answer and
Submission of Evidence
Section 2. Answer Required
Section 3. Time to Answer Non-Extendible
Section 4. No Default Upon Failure to Answer
RULE VII
APPEARANCES
Section 1. Appearance
Section 2. Manner of Appearance
Section 3. Assignment of DAR Lawyer or Legal Officer
Section 4. Authority to Bind Party
RULE VIII
PROCEEDINGS BEFORE THE ADJUDICATORS AND THE BOARD
Section 1. Nature of Proceedings
Section 2. Role of the Adjudicator in the Proceedings
Section 3. Totality of Case Assigned.
Section 4. Hearing
Section 5. Record of Proceedings
Section 6. Memorandum/Draft Decision
Section 7. Doubts to Resolve in Favor of the Beneficiary
Section 8. Conciliation of Disputes
Section 9. Period to Render Decision
Section 10. Award and Damages
Section 11. Finality of Judgment
Section 12. Motion for Reconsideration
RULE IX
MOTIONS
Section 1. Expeditious Resolution of Motions
Section 2. Non-Allowable Motions
Section 3. Intervention
Section 4. Relief from Judgment
Section 5. Proof of Service
RULE X
PRELIMINARY INJUNCTION
Section 1. Preliminary Injunction When Granted
Section 2. No injunction to Restrain Tilling or Harvesting
Section 3. Temporary Restraining Order
RULE XI
DIRECT AND INDIRECT CONTEMPT
Section 1. Preliminary Injunction
Section 2. Indirect Contempt
Section 3. Appeal from Indirect Contempt
RULE XII
EXECUTION
Section 1. Execution Upon Final Order or Decision
Section 2. Execution Pending Appeal
Section 3. Applicability of the Uniform Rules of Procedure
of the Court of Agrarian Relations (CAR)
RULE XIII
APPEALS
Section 1. Appeal to the Board
Section 2. Grounds
Section 3. Where to File
Section 4. Caption
Section 5. Requisites and Perfection of the Appeal
Section 6. Appeal Memorandum
Section 7. Records of the Case
Section 8. Frivolous or Dilatory Appeal
Section 9. Withdrawal of Appeal
Section 10. Period to Decide Case
Section 11. Land Valuation and Preliminary and Payment
of Just Compensation
RULE XIV
JUDICIAL REVIEW
Section 1. Certiorari to the Court of Appeals
Section 2. Findings of Fact: Final and Conclusive
Section 3. No Restraining Order or Preliminary Injunction
Section 4. Preferential Attention in Courts
RULE XV
SUMMARY PROCEDURE ON PRELIMINARY
DETERMINATION OF JUST COMPENSATION
Section 1. Summary Procedure on Preliminary
Determination of Just Compensation
RULE XVI
BOARD REGULATIONS
Section 1. Assignment of Cases
Section 2. En Banc Meeting
Section 3. Presiding Officer
Section 4. Vote
RULE XVII
POWERS AND DUTIES OF THE SECRETARIAT
Section 1. The Secretariat
Section 2. Access to the Board Records
Section 3. Custody of the Seal and Books of the Board
Section 4. Calendar, General Docket, and Other Books of the Board
Section 6. Issuance of Certified True Copies
RULE XVIII
OTHER FEES, CHARGES AND COST
Section 1. Payment of Fees
Section 2. Filing Fees
Section 3. Legal Fees
Section 4. Where Fees to be Paid
Section 5. Sheriffs, and Other Persons Serving Processes
Section 6. Stenographers
Section 7. Witness Fees
Section 8. Costs
Section 9. Costs in Actions or Proceedings
Section 10. Dismissed Action or Appeal
Section 11. Attorney's Fees as Costs
Section 12. Costs When Witness Fails to Appear
Section 13. Government Exempt
RULE XIX
MISCELLANEOUS PROVISIONS
Section 1. Transitory Provisions
Section 2. Separability of Provisions
Section 3. Repealing Clause
Section 4. Effectivity
THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD
(DARAB)
NEW RULES OF PROCEDURE
Pursuant to the provisions of Sections 49 and 50 of Republic Act No.
6657 and Section 34 of Executive Order No. 128-A in relation to Section 13
thereof, the following rules governing the adjudication and settlement of
agrarian cases, disputes or controversies and the conduct of proceedings
before, the Department of Agrarian Reform Adjudication. Board (DARAB) and
its Adjudicators, are hereby adopted and promulgated. HCATEa
RULE I
General Provisions
SECTION 1. Title. These Rules shall be known as the Department
of Agrarian Reform Adjudication Board (DARAB) New Rules of Procedure.
SECTION 2. Construction. These Rules shall be liberally
construed to carry out the objectives of agrarian reform and to promote just,
expeditious, and inexpensive adjudication and settlement of agrarian cases,
disputes or controversies.
All references in these Rules to the Members of the Board or the
Adjudicators in the masculine (he, him, or his) shall be construed to also mean
the feminine form (she, her, or hers).
SECTION 3. Technical Rules Not Applicable. The Board and its
Regional and Provincial Adjudicators shall not be bound by technical rules of
procedure and evidence as prescribed in the Rules of Court, but shall proceed
to hear and decide all agrarian cases, disputes or controversies in a most
expeditious manner, employing all reasonable means to ascertain the facts of
every case in accordance with justice and equity.
a) If and when a case comes up for adjudication wherein
there is no applicable provision under these rules, the procedural
law and jurisprudence generally applicable to agrarian disputes
shall be applied;
b) The Adjudication Board (Board), and its Regional
Agrarian Reform Adjudicators (RARADs) and Provincial Agrarian
Reform Adjudicators (PARADs) hereinafter referred to as the
Adjudicators, shall have the authority to adopt any appropriate
measure or procedure in any given situation or matter not
covered by these Rules. All such special measures or procedures
and the situations to which they have been applied must be
reported to the Board; and
c) The provisions of that Rules of Court shall not apply even
in a suppletory character unless adopted herein or by resolution
of the Board. However, due process of law shall be observed and
followed in all instances.
SECTION 4. Official Seal. The Board shall design and adopt a
seal to be imprinted in all its resolutions, orders, decisions and other documents
as an indication of their official character. The seal of the DARAB shall depict
its official function as the dispenser of agrarian justice. It shall be consistent
with the basic design and symbolism of the Department of Agrarian Reform
(DAR) logo.
RULE II
Jurisdiction Of The Adjudication Board
SECTION 1. Primary And Exclusive Original and Appellate
Jurisdiction. The Board shall have primary and exclusive jurisdiction, both
original and appellate, to determine and adjudicate all agrarian disputes
involving the implementation of the Comprehensive Agrarian Reform Program
(CARP) under Republic Act No. 6657, Executive Order Nos. 228, 229, and 129-
A, Republic Act No. 3844 as amended by Republic Act No. 6389, Presidential
Decree No. 27 and other agrarian laws and their implementing rules and
regulations. Specifically, such jurisdiction shall include but not be limited to
cases involving the following:
a) The rights and obligations of persons, whether natural or
juridical, engaged in the management, cultivation and use of all
agricultural lands covered by the CARP and other agrarian laws;
b) The valuation of land, and the preliminary determination
and payment of just compensation, fixing and collection of lease
rentals, disturbance compensation, amortization payments, and
similar disputes concerning the functions of the Land Bank of the
Philippines (LBP);
c) The annulment or cancellation of lease contracts or deeds
of sale or their amendments involving lands under the
administration and disposition of the DAR or LBP;
d) Those cases arising from or connected with membership
or representation in compact farms, farmers' cooperative and
other registered farmers' associations or organizations, related to
lands covered by the CARP and other agrarian laws;
e) Those involving the sale, alienation, mortgage,
foreclosure, preemption and redemption of agricultural lands
under the coverage of the CARP or other agrarian laws;
f) Those involving the issuance, correction and cancellation
of Certificates of Land Ownership Award (CLOAs) and
Emancipation Patents (EPs) which are registered with the Land
Registration Authority;
g) Those cases previously falling under the original and
exclusive jurisdiction of the defunct Court of Agrarian Relations
under Section 12 of Presidential Decree No. 946, except sub-
paragraph (q) thereof and Presidential Decree No. 815.
It is understood that the aforementioned cases, complaints
or petitions were filed with the DARAB after August 29, 1987.
Matters involving strictly the administrative implementation
of Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law (CARL) of 1988 and other
agrarian laws as enunciated by pertinent rules shall be the
exclusive prerogative of and cognizable by the Secretary of the
DAR.
h) And such other agrarian cases, disputes, matters or
concerns referred to it by the Secretary of the DAR.
SECTION 2. Jurisdiction of the Regional and Provincial
Adjudicators. The RARAD and the PARAD shall have concurrent original
jurisdiction with the Board to hear, determine and adjudicate all agrarian cases
and disputes, and incidents in connection therewith, arising within their
assigned territorial jurisdiction.
SECTION 3. Functional Relationships. The Board shall exercise
direct supervision over the Adjudicators. However, the Adjudicators are
deemed to be part of the DAR Regional and Provincial Office where they are
stationed, for purposes of administrative support, and shall be provided with
office space, personal services, equipment, supplies, and other facilities.
SECTION 4. Role of the RARAD. Then RARAD shall be the
Executive Adjudicator in his region directly responsible to the Board. As such,
he shall:
a) Exercise direct supervision over the PARAD which shall
include among others the monitoring of cases in his Region;
b) Recommend to the Board the territorial assignments of
PARADs and disciplinary measures, if necessary; and
c) Receive, hear, and adjudicate regular agrarian disputes
and land valuation cases.
He shall also hear the following cases:
1. Those that cannot be handled by the PARAD on
account of inhibition or disqualification;
2. Those brought directly before him which, for some
cogent reasons, cannot be properly handled by the PARAD
concerned;
3. Those of such complexity and sensitivity that the
decision thereof would constitute an important precedent
affecting regional or national interest;
4. Just compensation cases as may be delegated by
the Board; and
5. Such other cases which the Board may assign to
him.
SECTION 5. Appellate Jurisdiction. The Board shall have
exclusive appellate jurisdiction to review, reverse, modify, alter or affirm
resolutions, orders, and decisions, of its Adjudicators. No order of the
Adjudicators on any issue, question, matter or incident raised before them shall
be elevated to the Board until hearing shall have been terminated and the case
decided on the merits.
SECTION 6. Powers. The Members of the Board, and its
Adjudicators are empowered to summon witnesses, administer oaths, take
testimony, require submission of reports, compel production of books and
documents and answers to interrogatories, and to issue subpoena duces
tecum, writs of possession, writs of execution and other writs to enforce its
orders and decisions through its sheriffs or duly deputized officers.
For this purpose, whenever necessary, they shall direct the Philippine
National Police, or the Armed Forces of the Philippines or any of their
component units, or other law enforcement agencies to assist in the
enforcement and execution of their decisions, orders, writs and other
processes. HcDSaT
RULE III
Mediation or Conciliation at Barangay Level
SECTION 1. BARC Certification. The Board or its Adjudicators
shall not take cognizance of any agrarian case dispute or controversy, unless
a certification from the Barangay Agrarian Reform Committee (BARC) of the
Barangay where the land involved is located is presented, to the effect that the
dispute has been submitted to it for mediation or conciliation without any
success of settlement; provided, that:
a) The dispute does not fall under any of the exceptions
enumerated in the succeeding section;
b) if the required certification cannot be complied with for
valid reasons like the non-existence or non-organization of the
BARC or the impossibility of convening it, the Provincial Agrarian
Reform Officer (PARO) shall conduct mediation and conciliation
proceedings and issue a certification to that effect; and
c) The lack of the required certification cannot be made a
ground for the dismissal of the action. Every opportunity shall be
given the complainant to secure the same; in the meantime, the
Board in appropriate cases or its Adjudicators, may resolve and
dispose of preliminary incidents related to the case, such as
motions for the issuance of status quo orders, temporary
restraining orders, preliminary injunctions and such other urgent
motions necessitating immediate action.
SECTION 2. Exceptions. BARC Certification shall not be required
in the following cases:
a) Where the issue involves the valuation of land to
determine just compensation for its acquisition;
b) Where one party in a public or private corporation,
partnership, association or juridical person, or a public officer or
employee and the dispute relates to the performance of his
official functions;
c) Where the matter at issue involves merely the
administrative implementation of agrarian reform law, rule,
guideline or policy; and
d) Such other cases where the Secretary of Agrarian
Reform may determine that the matter at issue is beyond the pale
of mediation, conciliation or compromise.
SECTION 3. Land or Parties in Two Barangays. Where the land
in dispute straddles two or more barangays or the parties involved reside in
different barangays, the BARC of the Barangay where the biggest portion of
the property lies, shall have the authority to conduct the mediation or
conciliation proceedings under these Rules, unless for convenience and
accessibility and upon agreement of parties such proceedings should be held
in another Barangay within the municipality or adjacent municipality where the
land in dispute is located.
SECTION 4. Issuance of BARC Certification. The BARC shall
endeavor to mediate, conciliate and settle agrarian disputes lodged before it
within thirty (30) days from its taking cognizance thereof. If, after the lapse of
the thirty (30)-day period, it is unable to settle the dispute, it shall issue a
certification of its proceedings and shall furnish a copy thereof to the parties
within seven (7) days after the expiration of the thirty (30)-day period.
SECTION 5. Special Rules on Mediation and Conciliation. The
mediation and conciliation proceedings at the BARC or the PARO level, as the
case may be shall be conducted in accordance with the uniform rules adopted
and promulgated by the DAR.
RULE IV
Commencement of Action, Venue, and Cause of Action
SECTION 1. Complaint or Petition. An action before the
Adjudicators, shall be initiated by filing a sworn complaint or petition with the
Adjudicator in the Province where the land involved is located. The complaint
shall include the affidavit(s) of witnesses and documentary evidence, if any.
The complaint or petition shall be duly signed by the complainant or petitioner
or his counsel, or by one who can show a special power of attorney to represent
the complainant or petitioner. It shall state the name and residence of the
complainant or petitioner and that of the defendant or respondent, the
substance of the claim, the date when such claim arose, the facts constituting
the cause of action, and the relief being sought. At least two (2) copies of the
complaint or petition, and its annexes or attachments, and as many copies
required to be served upon each of the defendants or respondents, shall be
filed.
SECTION 2. Venue. a) All actions shall be brought before the
Adjudicator of the province where the land or other property involved is located;
b) If the land is located or found in two or more provinces, the action
shall be brought before the Adjudicator concerned where the bigger portion of
the land lies, unless for convenience, accessibility and upon agreement of the
parties and upon approval of the RARAD, the venue shall be with the
Adjudicator of the other province;
c) However, the hearing of the case may be changed or transferred
to another place within the region or outside of it, by order of the RARAD or the
Board, respectively, upon motion of either of the parties for compelling reasons;
and
d) In the event that a party has chosen to file his complaint or petition
with the Municipal Agrarian Reform Officer (MARO) for reasons of expediency
and to avoid the incidental expense in going to the Adjudicator, the complaint
or petition shall be forwarded within five (5) days from receipt thereof to the
Adjudicator concerned.
SECTION 3. One Suit for a Single Cause of Action. Multiple suits
based on a single cause of action for the enforcement or protection of a right or
prevention or redress of a wrong shall not be allowed. If a single cause of action
is split and two or more complaints or petitions are instituted for different parts
thereof, the filing of the first complaint or petition may be pleaded as a ground
for dismissal of the others, and a judgment on the merits in any one of them
may be availed of as a bar to the other similar cause of action.
SECTION 4. Joinder of Causes of Action. A complainant or
petitioner having more than one cause of action against the same defendant or
respondent arising out of the same questioned relationship, shall join all of them
in one complaint or petition.
RULE V
Parties, Caption, and Service of Pleadings
SECTION 1. Parties in Interest. Every agrarian case must be
initiated and defended in the names of the real party in interest. All parties
having an interest in the matter shall be joined as complainant or petitioner. All
persons who claim an interest in the dispute or subject matter thereof adverse
to the complainant or petitioner, or who are necessary to a complete
determination or settlement of the issue involved therein shall be joined as
defendants or respondents.
SECTION 2. Pauper Litigant. A party who is an agricultural
lessee, share tenant, actual tiller, amortizing owner-cultivator, farmworker, a
member of any farmers' organization, association or a farmers' cooperative, as
alleged and applied for in a sworn complaint or motion, shall be entitled to the
rights and privileges of a pauper litigant under these Rules without further proof
thereof. He shall continue to enjoy such status as a pauper litigant in all the
levels of adjudication until the case is terminated.
SECTION 3. Association or Corporations as Defendants. When
two or more persons, associated in any business, transact such business under
a common name, whether it comprises the name of such persons or not, the
associates may be sued by such common name. Persons associated in
business who are sued under a common name, must all be named individually
in the answer filed by them or in their behalf, stating their business address.
SECTION 4. Service of Pleadings, Notices and Resolutions. a)
The party filing the pleading shall serve the opposing party with a copy thereof
in the manner provided for in these Rules and proof of such service shall be
filed with the records of the case; and
b) Summons, notices and copies of resolutions, orders or decisions
shall be served personally as far as practicable, or by registered mail upon the
party himself, his counsel, or his duly authorized representative. However,
notice to the counsel is notice to the party himself whether he be a complainant
or petitioner, or a defendant or respondent.
SECTION 5. Service Upon Associations. When persons
associated in business are sued under a common name, service may be
effected upon all the defendants by serving upon any one of them, or upon the
person in charge of the office or place of business maintained in the common
name. But such service shall not bind, individually, any person whose
connection with the association has, upon due notice, been severed before the
action is brought. TAacIE