02 October 2021 (Saturday)

SMTV Lecture
THE CREATION of the DARAB

The creation of the DARAB was mandated under EO. No.

129-A (1987) which aims at reorganizing and strengthening the
DAR. The DARAB was created under the Office of the Secretary
of the DAR and is given the powers and functions to adjudicate
specific agrarian reform cases. (Agrarian disputes, cases and/or
controversies).

Before the creation of the DARAB, the Courts of Agrarian

Relations (CAR) had the original and exclusive jurisdiction over
agrarian reform matters. PD. 946 (1976) entitled “Reorganizing
the Courts of Agrarian Relations, Streamlining their
Procedures and for Other Purposes” gave the CARs original
and exclusive jurisdiction over agrarian reform matters, except
those that fall under the jurisdiction of the Secretary of the DAR.
With the passage of BP 129 (1980) or the Judiciary
Reorganization Act, the CARs were integrated into the RTCs and
the jurisdiction of the former was vested in the latter courts.
However, with the promulgation of EO 229 (1987), entitled
“Providing the Mechanisms for the Implementation of the
Comprehensive Agrarian Reform Program (CARP)”, the
RTCs were divested of their special jurisdiction to try agrarian
reform matters.

Under EO. No 229 (1987), the DAR is vested with the

primary jurisdiction to determine and adjudicate agrarian reform
matters and has the exclusive and original jurisdiction over all
matters involving the implementation of agrarian reform, except
those that fall under the exclusive jurisdiction of the DA and the
DENR. This is also clearly provided for under Section 50 of RA.
6657 or the CARP.

Primary jurisdiction means in case of seeming conflict

between the jurisdictions of the DAR and the regular courts
preference is vested with the DAR because of its expertise
and experience in agrarian reform matters.

Jurisdiction, Types of Law, and the Selection of

Judges ...

Appellate Jurisdiction– the power of a higher court to review

a lower court’s decision.

Original Jurisdiction– the court that gets to hear the case

first. ... Exclusive Jurisdiction– only that court can hear a
specific case. For example only the Texas Court of Criminal
Appeals Court can hear appeals for death penalty sentences.
 COMPOSITION POWERS and FUNCTIONS of the
DARAB-

DARAB is composed of seven with the DAR Secretary as its

chairman. The members are: two Undersecretaries designated by
the Secretary, the Assistant Secretary for Legal Affairs and three
(3) Assistant Secretaries appointed by the President upon the
recommendation of the Secretary. A Secretariat is also
constituted to support the Board. (Exec. Order No. 129-A [1987],
Section 13 thereof.

Under Section 13 of EO. No. 129-A (1987) the Board is

empowered to delegate its powers and functions to the Regional
Offices of the department in accordance with the rules and
regulations it has promulgated. With the implementing authority
of the Secretary of the DAR under Section 34 of the same EO.
and Section 49 RA. 6657, the Board promulgated the present
Rules and Procedures of DARAB whereby adjudicators are
specifically designated to adjudicate agrarian reform cases in
the regions and provinces.

Implementation, Authority, Responsibility

— Implementation, Authority, Responsibility ·

 Implementation is the doing of the work. · Authority is the
power to marshal resources for the task and ..

Section 50 of RA 6657, as amended.-Quasi-Judicial Powers

of the DAR.-(exercised thru the DARAB)

The DAR is hereby vested with the primary jurisdiction

to determine and adjudicate agrarian reform matters and
shall have exclusive and original jurisdiction over all
matters involving the implementation of agrarian reform
except those falling under the exclusive jurisdiction of the DA
and the DENR.
It shall not be bound by technical rules of procedure
and evidence but shall proceed to hear and decide all
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 and the merits of the case. Toward this end, it
shall adopt a uniform rule of procedure to achieve a
just, expeditious and inexpensive determination of
every action or proceeding before it.

It shall have the power to summon witnesses,

administer oaths, take testimony, require
submission of reports, compel the production of
books and documents and answers to
 interrogatories and issue sub-poena and sub-poena
duces tecum and enforce its writs through sheriffs
or other duly deputized officers. It shall likewise
have the power to punish direct and indirect
contempts in the manner and subject to the same
penalties as provided in the Rules of Court.

Responsible farmer leaders shall be allowed to

represent themselves, their fellow farmers, or their
organizations in any proceedings before the DAR
Provided, however, that when there are two or more
representatives for any individual or group, the
representatives should choose only one among
themselves to represent such party or group before any
DAR proceedings.

Notwitstanding an appeal to the Court of Appeals, the

decision of the DAR shall be immediately executory
except a decision or a portion thereof involving solely
the issue of just compensation. (as amended by
Section 18, RA. 9700).”

The 2009 DARAB Rules of Procedures in the adjudication of

cases before it provides in Section 6, Rule II, thereof, under the
Jurisdiction of the Board and its Adjudicators that :
 “ Section 6. Powers.- The Members of the Board and the
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 sub-poena duces
tecum, writs of possession, writs of execution and other writs
to enforce its orders and decisions through their Sheriffs or
duly authorized officers.”
For this purpose, whenever necessary, they shall direct the
Philippine National Police, the Armed Forces of the
Philippines or any of its component units, or other law
enforcement agencies to assist in the enforcement and
execution of their decisions, orders, writs and other
processes.”
As you might as well know, the functions of the Adjudicators
of the DARAB are determination, adjudication and resolution of
agrarian disputes and the summary preliminary determination of
just compensation cases.

In the adjudication, it is governed by Section 3, Rule I of the

DARAB 2009 Rules of Procedures which states:

“ Section 3. Technical Rules Not Applicable.- The Board and

its Regional and
 Provincial Adjudication Offices 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.
1. 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;
2. The Adjudicators shall have the power to adopt
any appropriate measures 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.
3. The provision of the Rules of Court shall not
apply even in a suppletory character unless
adopted herein or by resolution of the Board.”
As earlier noted, the DARAB was created under the Office of
the Sec. of the Department of Agrarian Reform (Exec. Order No.
129-A [1987]. Section 13, thereof. It was established to
strengthen the Department (Ex. Order No. 229 [1987]. However,
the DARAB has no jurisdiction on matters which strictly involve
the administrative implementation of RA 6657 and other
agrarian laws. Those are within the exclusive jurisdiction and the
sole prerogative of the Sec. of DAR. Under DAR MC 13 [1997]
the DAR Sec. has the authority to certify as flashpoint or urgent
case, only ALI cases but not cases within the jurisdiction of the
DARAB.