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THE 2009 DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD (DARAB) RULES OF PROCEDURE, SEPTEMBER 1, 2009

APPEAL

SECTION 2. Grounds. The aggrieved party may appeal to the Board from a final order, resolution or decision of the Adjudicator on any of the following grounds that: a. Errors in the findings of fact or conclusions of law were committed which if not corrected, would cause grave and irreparable damage or injury to the appellant; or b. The order, resolution or decision was obtained through fraud or coercion.

How Appeal is Conducted


Final order of the adjudicator disposing the case NOTE: A pauper litigant shall be exempt from the payment of the appeal fee. (Sec.1) A pauper litigant's appeal is deemed perfected upon the filing of the Notice of Appeal together with the Appellant's Memorandum in accordance with said Section 1 of this Rule. (Sec. 4, Par. 6)

Is there an appeal within 15 days from the receipt of the resolution?


Y e s

None

Decision of the Board /Adjudicator shall be entered in the Book of Entries of Decision

a. filing a Notice of Appeal together with the Appellant's Memorandum with the Adjudicator who rendered the decision or final order appealed from; b. furnishing copies of said Notice of Appeal together with the Appellant's Memorandum to opposing party/s and counsel/s; and c. paying an appeal fee of One Thousand Pesos to the DAR Cashier where the Office of the Adjudicator is situated

Compli ed?

No

Non-compliance with the foregoing shall be a ground for dismissal of the appeal. (Sec. 1,par. 4)

Y e s

Yes
Appeal is deemed perfected

Adjudicator shall issue an order stating the perfection of the appeal

Appeal is transmitted to the Board

Judgment is rendered within 30 days by the Board

Case shall be deemed submitted for resolution

Filing of respective Appeal Memorandum with the Board

Decision becomes final after the lapse of 15 days from the receipt of the copy by the counsel, rep. or the party himself

NOTE: Only one motion for reconsideration by either party shall be allowed. (sec. 13. Rule XIV) The records of the case shall contain, among others, a table of contents, all original pleadings filed, documentary exhibits, transcripts or written summaries of the hearings, notices, orders or decisions of the Adjudicator and proofs of service thereof, which shall all be numbered consecutively and initialed by the Adjudicator or the authorized Clerk of the Board on each and every page thereof. (sec.6, par. 2)

RULE XV- JUDICIAL REVIEW

SECTION 1. Appeal to the Court of Appeals. Any decision, order, resolution, award or ruling of the Board on any agrarian dispute or any matter pertaining to the application, implementation, enforcement, interpretation of agrarian reform laws or rules and regulations promulgated thereunder, may be brought on appeal within fifteen (15) days from receipt of a copy thereof, to the Court of Appeals in accordance with the Rules of Court. SECTION 2. Findings of Fact; Final and Conclusive. The findings of fact of the Board, if based on substantial evidence, shall be final and conclusive upon the courts pursuant to Section 54, Republic Act No. 6657.

RULE XVI- RELIEF FROM DECISION/RESOLUTION/FINAL ORDER

SECTION 1. Petition for Relief from Decision/Resolution/Final Order. When a decision/resolution/final order is rendered by the Adjudicator against any party, through fraud, accident, mistake and excusable negligence and such party has no other adequate remedy available to him in the ordinary course of law, he may file a petition for relief with said Adjudicator, praying that the decision/resolution/final order be set aside. SECTION 4. Procedure. If after due hearing, the petition is found to be meritorious, the Adjudicator shall set aside the questioned decision/resolution/final order and he shall then proceed to hear the principal case.

RULE XIX- PRELIMINARY DETERMINATION OF JUST COMPENSATION

Section 1. Principal Role of Board/Adjudicator. The principal role of the Board/Adjudicator in the summary administrative proceedings for the preliminary determination of just compensation is to determine whether the Land Bank of the Philippines (LBP) and the Department of Agrarian Reform (DAR) in their land valuation computations have complied with the administrative orders and other issuances of the Secretary of the DAR and the LBP.

Case on just compensation

LBP and DAR to conduct initial land valuation

The B/A (PARAD, RARAD, board) determines the LBP and the Dar in their land valuation computations has complied with the process of determining the value of the land

No

Did the aggrieved party question the resolution of the B/A within 15 days?

B/A shall proceed to make an administrative determination of just compensation following the procedure provided in Rule VII of this law

Submission of evidence, position papers and notice of hearing

Y e s

NOTE: If the parties fail to submit the required documents and their position papers, and/or to appear on the date set for hearing, despite proper notice, the matter shall be deemed submitted for resolution. (sec. 4 of Rule XIX)

No Y e s

Concurrence by the party to the resolution and the resolution is deemed final and executory

A copy of the resolution of the Board/Adjudicator shall be sent to the landowner, the Land Bank of the Philippines, the potential farmer beneficiaries, other interested parties, and their counsels. (sec. 7, Rule XIX)

Execution of judgment of just compensation which have become final and executory (sec. 9 of rule XIX)

Filing of Original Action with the SAC

Party to file a Notice of Original Action with the B/A, and the true copy of the petition filed with the SAC

NOTE: Failure to file the Notice of Filing of Original Action render the decision of the Board/Adjudicato r final and executory

Resolution rendered by the SAC

NOTE: Upon reciept of the Notice of Filing of Original Action of a certifified true copy of the petition filed with the SAC no writ of execution shall be issued by the B/A

SECTION 9. Execution of Judgments for Just Compensation Which Have Become Final and Executory. The Sheriff shall enforce a writ of execution of a final judgment for compensation by demanding for the payment of the amount stated in the writ of execution in cash and bonds against the Agrarian Reform Fund in the custody of the LBP in accordance with RA 6657, as amended, and the LBP shall pay the same in accordance with the final judgment and the writ of execution within five (5) days from the time the landowner accordingly executes and submits to the LBP the corresponding deed/s of transfer in favor of the government and surrenders the muniments of title to the property in accordance with Section 16 (c) of RA 6657, as amended.

AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

SECTION 9. SECTION 24 OF REPUBLIC ACT NO. 6657, AS AMENDED, IS HEREBY FURTHER AMENDED TO READ AS FOLLOWS:

"SEC. 24. Award to Beneficiaries. The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines: Provided, That the emancipation patents, the certificates of land ownership award, and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Office of the Registry of Deeds, subject to the conditions, limitations and qualifications of this Act, the property registration decree, and other pertinent laws.

"It is the ministerial duty of the Registry of Deeds to register the title of the land in the name of the Republic of the Philippines, after the Land Bank of the Philippines (LBP) has certified that the necessary deposit in the name of the landowner constituting full payment in cash or in bond with due notice to the landowner and the registration of the certificate of land ownership award issued to the beneficiaries, and to cancel previous titles pertaining thereto.

Prepared By: Ayan, Yahwynie Ayochok