UPDATES ON

LAW ON RULES OF PROCEDURE OF THE DARAB

1. LEGAL BASIS OF THE DARAB RULES OF PROCEDURE

1.a. Section 49, RA No. 6657:
2. “Rules and Regulations-The PARC and the DAR shall have the power to issue rules and regulations
whether substantive or procedural, to carry out the objects and purposes of this Act. Said rules shall take
effect ten (10) days after publication in two (2) national newspapers of several circulation.”

1.b. Section 50, Republic Act No. 6657:

“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 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): XXX”

1.c. Section 34, Executive Order No. 129-A

“Implementing Authority of the Secretary.
The Secretary shall issue orders, rules and regulations and other issuances as may be necessary to
ensure the effective implementation of the provisions of this Executive Order.”

1.d. Section 17, Executive Order No. 229

“Quasi-Judicial Powers of the DAR.
The DAR is hereby vested with quasi-judicial powers to determine and adjudicate agrarian reform matters,
and shall have exclusive original jurisdiction over all matters involving implementation of agrarian reform, except
those falling under the exclusive original jurisdiction of the DENR and DA.”

2. Evolution of Jurisdiction on Agrarian

Cases
-Rule: The jurisdiction of court is determined by the statute in force at the time of the commencement of an action.
2.a. Section 12. Presidential Decree No. 946 vested the then Court of Agrarian Relations with original exclusive
jurisdiction over cases involving rights granted and obligations imposed by presidential issuance promulgated in
relation to the agrarian reform program.

2. Batas Pambansa Blg. 129 - Judiciary Reorganization Act of 1980. The Courts of Agrarian Relations were
integrated into the Regional Trial Courts and the jurisdiction of the former was vested in the latter courts.
3. Section 17, Executive Order No. 229 - Quasi-Judicial Powers of the DAR. The DAR is hereby vested with
quasi-judicial powers to determine and adjudicate agrarian reform matters, and shall have exclusive original
jurisdiction over all matters involving implementation of agrarian reform, except those falling under the exclusive
jurisdiction of the DENR and the DA. (Note: Sec 50, RA 6657 substantially reiterates Section 17, EO 229 while
Sections 56 and 57 provide for the designation of at least one branch of the RTC in each province as a Special Agrarian
Court. (Tiongson vs. CA, 214 SCRA 197)

3.“QUASI-JUDICIAL POWERS OF THE DAR. (DARAB OR OFFICE OF THE SECRETARY, SEC. 50 RA 6657)-
3.a. Primary Jurisdiction to determine and adjudicate Agrarian Reform Matters: and Exclusive Original
Jurisdiction over all matter involving the implementation of agrarian reform; except those falling under the exclusive
original jurisdiction of the Department of Agriculture and Department of Environment and Natural Resources
(Machete vs CA, 250 SCRA 176 (1995)
3.b. DARAB has JURISDICTION over Agrarian Disputes: (Central Mindanao University vs. DARAB, 215 SCRA 96)

3.b.1. Agrarian Dispute – refers to any controversy relating to tenurial arrangements, whether leasehold,
tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers
association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or
indications of such tenurial arrangements. (Par. D, Sec. 3, RA 6657) (Isidro vs. CA, 228 SCRA 503)

4. DARAB RULES OF PROCEDURE:

4.a. DARAB Revised Rules of Procedure
Effectivity –February 6, 1989;
4.b.DARAB New Rules of Procedure
Effectivity – June 22, 1994
4.c.DARAB 2003 Rules of Procedure
Effectivity- February 8, 2003
5. CASES UNDER THE PRIMARY AND EXCLUSIVE ORIGINAL JURISDICTION OF THE DARAB
Sec. 1, Rule II. 2003 DARAB of Procedure. They are as follows:
5.a. Cases involving rights and obligations of persons, whether natural or juridical, engaged in the
management cultivation and use of all agricultural lands (Caballes vs. DAR, 168 SCRA 259 (1988; Oarde vs. CA, 280
SCARA 235 (1997);
5.b.Preliminary administrative determination of just compensation; (Executive Order No. 405.);

5.c.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;
5.d.Ejectment and dispossession of tenants/leaseholders:
5.e.Sale, alienation, pre-emption, and redemption of agricultural lands;
5.f.Correction, partition, cancellation, secondary and subsequent issuances of registered CLOAs and EPs;
5.g.Review of leasehold rentals;
5.h.Collection of amortizations on payments for lands awarded under PD No. 27, including payment for
residential, commercial and industrial lots within settlement and resettlement areas;

5.i.Annulment or rescission of lease contracts and deeds of sale and the cancellation or amendments of titles
of lands under the administration of DAR, homestead patents, free patents, miscellaneous sales patents, to setters in
settlement and resettlement areas;
5.j.Boundary disputes;
5.k.Determination of title of agricultural lands where the issue is raised in an agrarian dispute;
5.l.Cases previously falling under the original and exclusive jurisdiction of the defunct Court of Agrarian
Relations under Section 12; PD No. 946;
5.m.Such other agrarian cases, disputes, matters or concerns referred to it by the Secretary of DAR.

6. AGRARIAN LAW IMPLEMENTATION CASES Sec. 3. Rules 11, 2003 DARAB Rules of Procedure and Administrative
Order No. 6, Series of 2000. These cases are exclusively cognizable and under the exclusive prerogative of the Office of
the Secretary of DAR.
6.a.Classification and identification of landholdings for coverage under the agrarian reform program and the
initial issuance of CLOAs and EPs, including protests or oppositions thereto and petitions for lifting of such coverage;
6.b.Classification, identification, inclusion, exclusion, qualification, or disqualification of potential/actual
farmer-beneficiaries;

6.c.Subdivision surveys of land under CARP;

6.d.Recall, or cancellation of provisional lease rentals, Certificates of Land Transfers (CLTs) and CARP
Beneficiary Certificates (CBCs) in cases outside the purview of Presidential Decree (PD) No. 816, including the
issuance, recall, or cancellation of EPs or CLOAs not yet registered with Register of Deeds;
6.e.Exercise of the right of retention by the landowner;

6.f.Application for exemption from coverage under Section 10 of RA 6657;

6.g.Application for exemption pursuant to Department of Justice (DOJ) Opinion NO. 44 (1990);
6.h.Exclusion from CARP coverage of agricultural land used for livestock, swine, and poultry raising;
6.i.Cases of exemption/exclusion of fish pond and prawn farms from the coverage of CARP pursuant to RA
7881;
6.j.Issuance of Certificate of exemption for land subject Voluntary Officer to Sell (VOS) and Compulsory
Acquisition (CA) found unsuitable for agricultural purposes;

6.k.Application for conversion of agricultural land to residential, commercial, industrial, or other non agricultural uses
and purposes including protests or oppositions thereto;
6.l.Determination of the rights of agrarian reform beneficiaries to homelots;
6.m.Disposition of excess area of the tenants/farmer-beneficiary’s landholdings;
6.n.Increase in area of tillage of a tenant/farmer-beneficiary;
3.o.Conflict of claims in landed estates administered by DAR and its predecessors; or

6.p.Such other agrarian cases, disputes, matters or concerns referred to it by the Secretary of the DAR.
7. SPECIAL AGRARIAN COURT (SAC)
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.
Section 56 of R.A. No. 6657 confers “special jurisdiction” on “Special Agrarian Courts”. These Regional Trial
Courts designated as Special Agrarian Courts have, according to Sec. 57 of the same law, original and exclusive
jurisdiction over: (a) all petitions for the determination of just compensation to landowners, and (b) the prosecution
of all criminal offenses under the Act. (Machete vs. CA, 250 SCRA 176)
 7.a.Just Compensation” is defined as the full and fair equivalent of the property taken from its owner by the
expropriator. It has been repeatedly stressed by this Court, that the measure is not the taker’s gain but the owner’s
loss. The word “just” is used to intensify the  meaning of the word “compensation” to convey the idea that the
equivalent to be rendered for the property to be taken shall be real, substantial, full and ample. (Association of Small
Landowners in the Philippines, Inc. vs. Secretary of Agrarian Reform, 175 SCRA 343 (1989).

7.b. “The jurisdiction of the Regional Trial Courts is not any less “original and exclusive”, because the question
is first passed upon by the DAR, as the judicial proceedings are not a continuation of the administrative
determination. For the matter, the law may provide that the decision of the DAR is final and unappealable.
Nevertheless, resort to courts cannot be foreclosed on the theory that courts are the guarantors of the legality of
administrative action” (Phil. Veterans Bank vs. Court of Appeals G.R. No. 132767, January 18, 2000).

“It is error to think that, because of Rule XIII, Section II, the original and exclusive jurisdiction given to the
courts to decide petition for determination of just compensation has already been transformed into an appellate
jurisdiction.
It only means that, in accordance with settled principle of administrative law, primary jurisdiction is vested in
the DAR as an administrative agency to determine in a preliminary manner the reasonable compensation to be paid
for the lands taken under the CARP, but such determination is subject to challenge in the courts (ibid).

7.c. Nothing contradictory between the provisions of Sec. 50, R.A. 6657 granting the Department of Agrarian
Reform primary jurisdiction (administrative proceeding) to determine and adjudicate "agrarian reform matters" and
exclusive original jurisdiction over "all matters involving the implementation of agrarian reform" which

includes the determination of questions of just compensation, and the provisions of Sec. 57, R.A. 6657 granting
Regional Trial Courts "original and exclusive jurisdiction” (judicial proceeding) over (1) all petitions for the
determination of just compensation to landowner, and (2) prosecutions of criminal offenses under Republic Act No.
6657. (Philippine Veterans Bank vs. CA, 322 SCRA 139).
 
The DAR has original, exclusive, jurisdiction over agrarian disputes, except on the aspects of (a) just
compensation; and (b) criminal jurisdiction over which regular courts have jurisdiction. (Vda. De Tangub vs. CA, 191
SCRA 885)
Where there are no tenurial, leasehold, or any agrarian relations whatsoever between the parties that could
bring a controversy under the ambit of the agrarian reform laws, the Department of Agrarian Reform Adjudication
Board has no jurisdiction. (Heirs of the Late Herman Rey Santos vs. CA, 327 SCRA 293).

E.2. Elements of Tenancy

The leading cases are the following, to wit:
8.a. Bernas vs. CA, 225 SCRA 119 -- Consent of the lawful possessor creates tenancy;
8.b. Castillo vs. CA, 205 SCRA 229 (1993) A hollowblock maker or piggery/poultry owner cannot claim tenancy on
land which is not devoted to agricultural production;
8.c. Tiongson vs. CA, 214 SCRA 197 – Tenancy is created by the consent of the true and lawful landholder through
lawful means and not by imposition or usurpation

8.d. Zamoras vs. Su, Jr. 184 SCRA 248 (1990) An overseer cannot be a tenant because of the absence of
personal cultivation. Also in Matienzo vs. Servidad, 107 SCRA 276 (1981). There is no tenancy because of the absence
sharing arrangement with an overseer.
8.e. Teodoro vs. Macaraeg, 27 SCRA 7 (1969). Where there is sharing of the produce or rental payment
tenancy exist.

12. EXECUTION OF THE ADJUDICATORS DECISION PENDING APPEAL TO THE BOARD.

12.a. Section 2, Rule XX 2003 DARAB Rules “Execution Pending Appeal. Any motion for execution of the
decision of the adjudicator pending appeal shall be filed before the Board which may grant the same upon
meritorious grounds, upon the posting of a sufficient bond in the amount conditioned for the payment of damages
which the aggrieved party may suffer, in the event that the final order or decision is reversed on appeal, provided that
the bond requirement shall not apply if the movant is a farmer-beneficiary/pauper litigant.”

12.b. Section 3, Rule XX 2003 DARAB Rules “Execution when issued; Exception. On Motion of the prevailing
party or motu proprio, the Board or the adjudicator shall order execution of an order or decision that has already
became final and executory.”
“Appeal shall not stay the execution of a decision or order except when the ejectment of a tenant farmer,
agricultural lessee or tiller, settler, or amortizing owner-cultivator is directed.”
“When the decision is based on an amicable settlement or compromise agreement, the same shall be
immediately executory.”