May 30, 1994 June 22, 1994
THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD (DARAB) NEW RULES OF PROCEDURE
Date of Publication:
June 6, 1994
Date of Effectivity:
June 22, 1994
TABLE OF CONTENTS
Section 1. Title
Section 2. Construction
Section 3. Technical Rules Not Applicable
Section 4. Official Seal
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
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
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
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
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
Section 1. Appearance
Section 2. Manner of Appearance
Section 3. Assignment of DAR Lawyer or Legal Officer
Section 4. Authority to Bind Party
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
Section 1. Expeditious Resolution of Motions
Section 2. Non-Allowable Motions
Section 3. Intervention
Section 4. Relief from Judgment
Section 5. Proof of Service
Section 1. Preliminary Injunction When Granted
Section 2. No injunction to Restrain Tilling or Harvesting
Section 3. Temporary Restraining Order
DIRECT AND INDIRECT CONTEMPT
Section 1. Preliminary Injunction
Section 2. Indirect Contempt
Section 3. Appeal from Indirect Contempt
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)
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
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
SUMMARY PROCEDURE ON PRELIMINARY
DETERMINATION OF JUST COMPENSATION
Section 1. Summary Procedure on Preliminary
Determination of Just Compensation
Section 1. Assignment of Cases
Section 2. En Banc Meeting
Section 3. Presiding Officer
Section 4. Vote
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
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
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
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.
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
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.
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.
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
SECTION 6. Service Upon Private Domestic Corporation or Partnership. If the defendant is a corporation or partnership organized and registered under Philippine laws, service may be made on the president, manager, secretary, cashier, agent or any of its directors or partners.
SECTION 7. Service Upon Public Corporation. When the respondent is the Republic of the Philippines, service may be effected on the Solicitor General. In case of a province, city or municipality or other public corporations, service may be effected on its chief executive or on such other officer as the law or the Board or its Adjudicator may direct.
SECTION 8. Return of Service. The DARAB Sheriff or other designated officer who personally served the summons, notice, order or decision shall submit his return within five (5) days from the date of his service thereof, stating therein the name of the person served and the date of receipt of the same or if no service was effected, the serving officer shall state the reason thereof.
SECTION 9. Proof of Completeness of Service. The return is a prima facie proof of the facts indicated therein. Service by registered mail is completed upon receipt by the addressee, his counsel, or by the duly authorized representative or agent.
SECTION 10. Substituted Service. The provisions on substituted service as provided in the Revised Rules of Court shall have suppletory effect hereof.
Summons, Answer, and Submission of Evidence
SECTION 1. Issuance of Summons, Time to Answer and Submission of Evidence. Upon the filing of the complaint or petition, the hour/time, day, month, and year when it was filed shall be stamped thereon. The corresponding summons and notice of hearing to the adverse party, attaching therewith a copy of such complaint or petition, affidavit and documentary evidence if any, shall be served by personal delivery or registered mail to the defendant or respondent within two (2) days therefrom. The summons and notice of hearing shall direct the defendant or respondent to file an answer to the complaint or petition and submit counter-affidavits and other documentary evidence, if any, within a non-extendible period of ten (10) days from receipt thereof furnishing a copy to the petitioner or the complainant. The summons shall also specify the date, time and place of the hearing and order the parties and their witnesses to appear at the scheduled date of hearing. The aforementioned affidavits and counter-affidavits of the witnesses shall take the place of their direct testimony. Failure of any party to submit his affidavits or counter-affidavits as herein directed will be interpreted by the Adjudicator or Board as a waiver to present evidence or that he has no more evidence to submit and the case could be considered submitted for decision.
SECTION 2. Answer Required. The respondent must file a sworn answer to the complaint or petition by responding with admissions or specific denials of each and every allegation in the complaint or petition, or if this cannot be done, by averring lack of sufficient knowledge thereof, which will be deemed as a specific denial. A mere general denial will not be deemed as an answer.
An answer may include a counterclaim or cross-claim for damages, attorney's fees or litigation expenses.
SECTION 3. Time to Answer Non-Extendible. The ten (10)-day reglementary period within which the defendant or respondent is required to answer shall not be extended. The filing of any motion before the answer is filed shall not be entertained and shall not interrupt the period to answer, except when a motion to dismiss on the ground of prescription, lack of jurisdiction or lack of cause of action is filed, in which event, the running of such period is deemed interrupted until the motion is resolved. If the motion is denied, the period shall run again from receipt of the notice of the denial and the movant shall have the remaining period within which to answer.
SECTION 4. No Default Upon Failure to Answer. When the respondent fails to file an answer, no declaration of default shall be made nor judgment by default rendered. The complainant or petitioner must proceed to prove his case. Before the case is submitted for decision, the non-answering respondent may be allowed to participate in the proceedings after satisfactory explanation of his failure to answer and shall be allowed to contest or refute the complainant's or petitioner's claim.
SECTION 1. Appearances. A lawyer appearing for a party is presumed to be properly authorized for that purpose. A non-lawyer may appear before the Board or any of its Adjudicators if:
a) He represents himself as a party to the case;
b) He represents a farmer's organization or its members, provided that he shall present proof of authority from the organization or its members; or
c) He is a DAR Legal Officer.
Provided, 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.
SECTION 2. Manner of Appearances. Appearances may be oral or in writing. In either case, the complete business address of the counsel or representative shall be made of record and the adverse party or his counsel shall be properly notified. Any change in the address of counsel or representative shall be filed with the Adjudicator with notice to the adverse party and counsel.
SECTION 3. Assignment of DAR Lawyer or Legal Officer. A party appearing without counsel or represented by a non-lawyer may be assigned a counsel de oficio from among DAR lawyers or DAR Legal Officers or a member of the bar who is willing to act as such counsel de oficio.
SECTION 4. Authority to Bind Party. Attorneys and other representatives of parties shall have the authority to bind their clients in all matters of procedure, but they cannot, without a special power of attorney or the express and written consent of their client, enter into a compromise agreement with the opposing party when a full or partial discharge of a client's interest is made.
Proceedings Before the Adjudication and the Board
SECTION 1. Nature of Proceedings. The proceedings before the Board or its Adjudicators shall be non-litigious in nature. Subject to the essential requirements of due process, the technicalities of law and procedure and the rules governing the admissibility and sufficiency of evidence obtained in the courts of law shall not apply. The adjudicator shall employ reasonable means to ascertain the facts of the controversy including a thorough examination or re-examination of witnesses and the conduct of ocular inspection of the premises in question.
SECTION 2. Role of the Adjudicator in the Proceedings. The Adjudicator shall personally conduct the hearing. He shall take full control of the proceedings, examine the parties and witnesses freely with respect to the matters at issue, and may limit the right of the parties or their counsels to ask questions only for the purpose of clarifying the points of law at issue of facts involved in the case. He may also limit the presentation of evidence by the contending parties to matters relevant to the issues and necessary for a just, expeditious and inexpensive disposition of the case.
SECTION 3. Totality of Case Assigned. When a case is assigned to an Adjudicator, any or all incidents thereto shall be considered assigned to him, and the same shall be disposed of in the same proceedings to avoid multiplicity of suits or proceedings.
The order or resolution of the Adjudicator on any issue, question, matter or incident raised before them shall be valid and effective until the hearing shall have been terminated and the case is decided on the merits, unless modified and reversed by the Board upon a verified petition for certiorari which cannot be entertained without filing a motion for reconsideration with the Adjudicator a quo within five (5) days from receipt of the order, subject of the petition. Such interlocutory order shall not be the subject of an appeal.
SECTION 4. Hearing. During the hearing, the Adjudicator or the Board, as the case may be, shall determine the real parties in interest, define and simplify the issues on the case, thresh out preliminary matters and endeavor as to settle the case amicably. Should the parties arrive at any settlement as to the whole or part of the dispute, the same shall be reduced into writing in a language or dialect known to, and spoken by the parties and signed by them before the Adjudicator or Board. The settlement shall be approved after he 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. The beneficiaries, tenant farmers or farmworkers who are not assisted by a private counsel are to be assisted by a DAR Lawyer or Legal Officer, if available, in arriving at a settlement.
If a compromise agreement is entered into by the parties in the manner as specified above, the Adjudicator or the Board, as the case may be, shall call a hearing for the purpose of determining the authenticity and due execution thereof before approving it. The order or decision approving the compromise agreement shall have the effect of a judgment on the case which shall be immediately become final and executory. STcDIE
However, if the parties fail to arrive at an amicable settlement, the Adjudicator or the Board shall ask clarificatory questions to elicit the pertinent facts and information. The opposing parties may be allowed to ask questions on matters propounded by the Adjudicator or the Board relevant to the facts at issue. Thereafter, the hearing of the case shall be terminated.
SECTION 5. Record of Proceedings. The proceedings before the Adjudicator shall be recorded by a stenographer, in the absence of an available stenographer, the Adjudicator however, should make a written summary of the proceedings, including the substance of the evidence presented which shall be attested by the parties or their counsel and shall form part of the records of the case. Should any party or counsel refuse to sign, the reason for such refusal shall be noted therein.
SECTION 6. Memorandum/Draft Decision. Within ten (10) days from the termination of the hearing of the case, the Adjudicator or the Board shall order the simultaneous submission by the parties of their respective memoranda. The parties may also submit a draft of the decision desired. Thereafter, the case shall be deemed submitted for decision.
SECTION 7. Doubts to Resolve in Favor of the Beneficiary. Any reasonable doubt in the interpretation of these Rules, as well as in the interpretation of contracts and stipulations between the contending parties, shall be resolved in favor of the beneficiary, potential beneficiary, tenant farmer, farmworker, agricultural lessee, farmers' cooperative, association or organization.
SECTION 8. Conciliation of Disputes. At any stage of the proceedings, the Adjudicator or the Board shall exert all efforts and take positive steps towards resolving the dispute through conciliation or mediation.
SECTION 9. Period to Render the Decision. The Adjudicator shall render the decision on the merits of the case within fifteen (15) days after the case shall have been submitted for decision and within sixty (60) days from filing of the complaint or petition. The decision must contain clearly the findings of fact and conclusions of law on which it is based.
SECTION 10. Award and Damages. The Board/Adjudicator, in appropriate cases, may award actual, compensatory, exemplary, and moral damages and attorney's fees.
SECTION 11. Finality of Judgment. Unless appealed, the decision, order or ruling disposing of the case on the merits shall be final after the lapse of fifteen (15) days from receipt of a copy thereof by the counsel or representative on record, or by the party himself who is appearing on his own behalf. In all cases, the parties themselves shall be furnished with a copy of the final decision.
SECTION 12. Motion for Reconsideration. Within fifteen (15) days from receipt of notice of the order, resolution or decision of the Board or Adjudicator, a party may file a motion for reconsideration of such order or decision, together with the proof of service of one (1) copy thereof upon the adverse party. Only one (1) motion for reconsideration shall be allowed a party which shall be and based on the ground that: (a) the findings of facts in the said decision, order or resolution are not supported by substantial evidence, or (b) the conclusions stated therein are against the law and jurisprudence.
The filing of a motion for reconsideration shall suspend the running of the period within which the appeal must be perfected. If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.
SECTION 1. Expeditious Resolution of Motions. As a general rule, all motions, whether made orally or in writing, shall be resolved within a period of not more than ten (10) days from receipt thereof with or without a hearing. Motions found to be dilatory shall be denied summarily.
SECTION 2. Non-Allowable Motions. The following motions shall not be allowed:
a) Motion to declare defendant or respondent in default or for a default judgment;
b) Motion for extension of time to file an answer, appeal, motion for reconsideration or Memorandum; and
c) All other motions filed before answer, excepting;
1) Motion to Dismiss on the ground of prescription;
2) Motion to Dismiss on the ground of lack of jurisdiction or cause of action; and
3) Motion filed by the complainant or petitioner for amendment of the complaint or petition.
SECTION 3. Intervention. The filing of a motion for intervention shall be discouraged. Such motion shall be entertained only upon a clear showing by the would-be intervenor that he has a substantial right or interest in the case that cannot be adequately pursued and protected in another proceeding.
SECTION 4. Relief from Judgment. A petition for relief from judgment must be verified and must be based on grounds of fraud, accident, mistake and excusable neglect by which the order, resolution or decision complained of was rendered; or, where the aggrieved party was prevented from taking an appeal; Provided, that the petition is filed with the Adjudicator a quo within three (3) months from the time the fraud, accident, mistake or excusable neglect was discovered and six (6) months from notice of order, resolution or decision from which relief is sought, and, Provided further, that the petitioner has no other adequate remedy that is available to him in the ordinary course of law.
SECTION 5. Proof of Service. No motion shall be acted upon by the Adjudicator or the Board without proof of service thereof except when they are satisfied that the rights of the adverse party are not affected.
SECTION 1. Preliminary Injunction When Granted. A preliminary injunction, restraining order or a status quo order may be granted by the Board or any two (2) of its Members or the Adjudicator, when it is established on the basis of allegations in the sworn complaint or motion which shall be duly supported by affidavits of merit that the acts being complained of, if not enjoined, would cause some grave and irreparable damage or injury to any of the parties in interest so as to render ineffectual the decision in favor of such party. Should the Board or the Adjudicator believe that it is necessary to post a bond, it shall fix the amount of the bond to be executed by the party applying for the injunction in favor of the party sought to be enjoined to answer for the damages the latter might suffer thereby, if it is finally determined that the complainant or petitioner is not entitled thereto. Upon the filing and approval of such bond, injunction may be issued.
SECTION 2. No Injunction to Restrain Tilling or Harvesting. In cases where the tenurial status of a person is at issue, the Board or its Adjudicator shall not issue any order restraining the actual tiller from cultivating the land, or preventing or impounding the harvest, without providing him with at least fifty percent (50%) of the net harvest.
In cases where one or more persons claim rights adverse to the actual tiller on the landholding in question, any order for supervision of the harvest shall provide at least twenty five percent (25%) of the net harvest for the actual tiller.
SECTION 3. Temporary Restraining Order. A temporary restraining order issued ex-parte, shall be valid only for twenty (20) days from the date the same is received by the respondent. During this period, the parties shall be required to present evidence to substantiate their respective positions on whether or not a preliminary injunction shall be granted. The period of twenty (20) days may be extended upon motion of the proper party on valid grounds. Thereafter, no motion for further extension of the temporary restraining order shall be allowed. After due notice and hearing, and before the lapse of the temporary restraining order, the issue of preliminary injunction should be resolved.
Direct and Indirect Contempt
SECTION 1. Direct Contempt. The Board or any of its Members or its Adjudicator may summarily pass judgment on acts of direct contempt committed in the presence of, or so near the Chairman or any Member of the Board or its Adjudicator, as to obstruct or interrupt the proceedings before the same, including disrespect towards the Members of the Board or its Adjudicator, offensive behavior towards others, or refusal to be sworn in or to answer as a witness, or to subscribe to an affidavit or disposition when lawfully required to do so. If the offense is committed against the Board or any of its Members or its Adjudicator, the same shall be punished by a fine not exceeding Two Hundred Pesos (P200.00), or imprisonment of not exceeding ten (10) days, or both. acITSD
SECTION 2. Indirect Contempt. The Board or any of its Members or its Adjudicator may also cite and punish any person for indirect contempt on any of the grounds and in the manner prescribed under Rule 71 of the Revised Rules of Court.
SECTION 3. Appeal from Indirect Contempt. Any person adjudged guilty of indirect contempt by the Adjudicator, may, within a period of five (5) days from notice of the judgment, appeal the same to the Board, and the execution of said judgment shall be suspended pending the resolution of the appeal upon the filing by said person of a bond on condition that he will abide by, and perform the judgment should the appeal be decided against him. The judgment of the Board or any of its Members or Adjudicator on direct contempt is immediately executory and not appealable.
SECTION 1. Execution Upon Final Order or Decision. Execution shall issue upon an order, resolution or decision that finally disposes of the action or proceeding. Such execution shall issue as a matter of course and upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
The Board or Adjudicator concerned may, upon certification by the proper officer that a resolution, order or decision has been served to the counsel or representative on record and to the party himself, and has become final and executory, and, upon motion or motu propio, issue a writ of execution ordering the DAR Sheriff or any DAR officer to enforce the same. In appropriate cases, the Board or any of its Members or its Adjudicator shall deputize and direct the Philippine National Police, Armed Forces of the Philippines or any of their component units or other law enforcement agencies in the enforcement of any final order, resolution or decision.
SECTION 2. Execution Pending Appeal. Any motion for execution of the decision of the Adjudicator pending appeal shall be filed before the Board, and the same may be granted upon showing good reasons and under conditions which the Board may require.
SECTION 3. Applicability of the Uniform Rules of Procedure of the Court of Agrarian Relations (CAR). Rule XIX of the Uniform Rules of Procedure of the CAR, with respect to execution, shall apply insofar as they are not inconsistent with these Rules.
SECTION 1. Appeal to the Board. a) An appeal may be taken from an order, resolution or decision of the Adjudicator to the Board by either of the parties or both, orally or in writing, within a period of fifteen (15) days from the receipt of the order, resolution or decision appealed from, and serving a copy thereof on the adverse party, if the appeal is in writing.
b) An oral appeal shall be reduced into writing by the Adjudicator to be signed by the appellant, and a copy thereof shall be served upon the adverse party within ten (10) days from the taking of the oral 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:
a) That errors in the findings of facts or conclusions of laws were committed which, if not corrected, would cause grave and irreparable damage or injury to the appellant;
b) That there is a grave abuse of discretion on the part of the Adjudicator; or
c) That the order, resolution or decision in obtained through fraud or coercion.
SECTION 3. Where to file. The notice of appeal shall be filed with the Adjudicator concerned in three (3) legibly written copies.
SECTION 4. Caption. In all cases appealed to the Board, the party appealing shall be called the "appellant" and the adverse party the "appellee", and the case shall be assigned a docket number.
SECTION 5. Requisites and Perfection of the Appeal. a) The Notice of Appeal shall be filed within the reglementary period as provided for in Section 1 of this Rule. It shall state the date when the appellant received the order or judgment appealed from and the proof of service of the notice of the adverse party; and
b) An appeal fee of Five Hundred Pesos (P500.00) shall be paid by the appellant within the reglementary period to the DAR Cashier where the Office of the Adjudicator is situated. A pauper litigant shall, however, be exempt from the payment of the appeal fee.
Non-compliance with above-mentioned requisites shall be a ground for the dismissal of the appeal.
SECTION 6. Appeal Memorandum. Upon perfection of the appeal, the Adjudicator shall issue an order requiring the appellant to file an appeal memorandum within ten (10) days from receipt of such order, furnishing a copy thereof to the appellee and his counsel who may reply thereto if he so desires, with the same period of time. The parties may also submit a draft of the decision desired. After the filing of their respective appeal memoranda or lapse of the period within which to file them, the entire records of the case shall be elevated on appeal to the Board within five (5) days therefrom.
Any motion, after the filing of the Notice of Appeal and before the elevation of the case records to the Board, should be filed with the Board, attaching thereon a certified copy of the decision of the Adjudicator and the Notice of Appeal. A copy of motion shall be furnished to the Adjudicator and the opposing party.
SECTION 7. Records of the Case. The records of the case shall contain, among others, a table of contents, the minutes of the hearing conducted, all original pleadings filed, documentary exhibits, transcripts or written summary of the hearing, notices, orders or decisions of the Adjudicator and proofs of service thereof, which shall all be numbered and initiated by the Adjudicator or the authorized Clerk of the Board on every page thereof.
SECTION 8. Frivolous or Dilatory Appeal. To discourage frivolous or dilatory appeals, the Board may impose reasonable penalties, including, but not limited to fine or censure upon erring parties.
SECTION 9. Withdrawal of Appeal. An appeal may be withdrawn at any time prior to the promulgation of the resolution, order or decision, except when public interest is prejudiced thereby. Upon approval of the withdrawal of an appeal, the case stand as if no appeal has ever been taken.
SECTION 10. Period to Decide Case. The Board shall render its decision on the case before it, as much as possible, within thirty (30) days after submission.
SECTION 11. Land Valuation and Preliminary Determination and Payment of Just Compensation. The decision of the Adjudicator on land valuation and preliminary determination and payment of just compensation shall not be appealable to the Board but shall be brought directly to the Regional Trial Courts designated as Special Agrarian Courts within fifteen (15) days from receipt of the notice thereof. Any party shall be entitled to only one motion for reconsideration.
SECTION 1. Certiorari to the Court of Appeals. Any decision, order, resolution, award or ruling of the Board on any agrarian dispute or on any matter pertaining to the application, implementation, enforcement, interpretation of agrarian reform laws or rules and regulations promulgated thereunder, may be brought within fifteen (15) days from receipt of a copy thereof, to the Court of Appeals by certiorari. Notwithstanding an appeal to the Court of Appeals, the decision of the Board appealed from shall be immediately executory pursuant to Section 50, Republic Act No. 6657.
SECTION 2. Findings of Facts 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.
SECTION 3. No Restraining Order or Preliminary Injunction. No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the Board or its Adjudicators in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement or interpretation of the Comprehensive Agrarian Reform Law (Republic Act No. 6657) and other pertinent laws on agrarian reform, and regulations promulgated thereunder pursuant to Section 55 of Republic Act No. 6657.
SECTION 4. Preferential Attention in Courts. All courts in the Philippines, both trial and appellate, shall give preferential attention to all cases arising from or in connection with the implementation of the provisions of the Comprehensive Agrarian Reform Law (Republic Act No. 6657) and regulations promulgated thereunder pursuant to Section 52 of Republic Act No. 6657. IDaCcS
Summary Procedure on Preliminary Determination of Just Compensation
SECTION 1. Summary Procedure on Preliminary Determination of Just Compensation. Summary procedure on preliminary determination of just compensation for lands covered under the Comprehensive Agrarian Reform Program (CARP) shall be governed by DAR Admin. Order No. 13, S. 1989, Admin. Order No. 2, S. 1991, Admin. Order No. 8, S. 1991, Admin. Order No. 8, S. 1993 and other subsequent rules and regulations that may be issued by the Secretary or the Board.
SECTION 1. Assignments of Cases. All cases brought to or filed with the Board shall be distributed in accordance with the internal rules that the Board may adopt.
SECTION 2. En Banc Meeting. The Board shall sit en banc in the performance of its policy and rule making power and in the exercise of its adjudicatory functions.
SECTION 3. Presiding Officer. The Secretary of the Department of Agrarian Reform, or, in his absence, the designated Member of the Board shall act as the Chairman and shall preside over its deliberations.
SECTION 4. Vote. The concurrence of at least four (4) Members of the Board shall be necessary to promulgate a decision, order, award or ruling finally disposing of the case. However, the concurrence of only two (2) Members shall be necessary in the issuance of interlocutory orders, such as, but not limited to, temporary restraining orders, status quo orders, and orders for the supervision of harvesting, reaping or threshing of palay and other agricultural crops and after liquidation thereof, deposit of proceeds in kind or in cash with the nearest bonded warehouse or bank under custodia legis, and such other orders which are interlocutory in nature.
Powers and Duties of the Secretariat
SECTION 1. The Secretariat. All pleadings and documents which are required to be filed with the Board shall be submitted to the Secretariat or officer responsible therefor, in cases where the matter, question or controversy brought before the Board is being heard elsewhere, such pleadings or documents should be filed with the Adjudicator who is commissioner or assigned to hear the same.
SECTION 2. Access to the Board Records. All official records of the Board shall be open to the public during normal office hours subject to the payment of the required fees except those that are classified as confidential which cannot be divulged without violating the rights of the parties concerned or prejudicing public interest.
SECTION 3. Custody of the Seal and Books of the Board. The Secretariat shall have custody of the seal of the Board together with all the records of all the proceedings of the Board including the exhibits, documentary evidence, case folders and the files of the same.
SECTION 4. Calendar, General Docket, and Other Books of the Board.
a) The Secretariat shall prepare a calendar and entry of the proceedings of the Board in a Minute Book. The designated officer of the Secretariat shall take charge of the service of the orders, decisions, subpoenas, and other processes issued by the Board and certify the date and hour of promulgation of any order as well as the names of all parties who were notified thereof;
b) The Secretariat shall keep a General Docket for the said Board, duly numbered and containing entries of all the original and appealed cases before it; and
c) The Secretariat shall keep a book compiling copies of all resolutions, orders and decisions issued by the Board in the order of their dates of promulgation.
SECTION 5. Issuances of Certified True Copies. The Secretariat shall issue to any party asking for a certified true copy, under the seal of the Board, of any document, record, resolution, order or decision, or entry under its custody, subject to the payment of the required fees and the limitation imposed in Section 2 hereof.
Other Fees, Charges, and Cost
SECTION 1. Payment of Fees. Upon the filing of the pleading or other application which initiates an action or proceedings, the fees prescribed therefor shall be paid in full.
SECTION 2. Filing Fees. A filing fee of Two Hundred Fifty Pesos (P250.00) plus a legal research fee of Ten Pesos (P10.00) shall be charged for any petition or complaint filed with the Adjudicator or the Board as an original action.
The pauper litigant as stated in Section 2 of Rule V of these Rules is exempt from the payment of the herein filing fees.
SECTION 3. Legal Fees. The following legal fees shall be charged and collected:
a) For furnishing certified transcript of the records or additional copies of any record, decision, ruling or entry of which any party is entitled to demand and receive a copy, Two Pesos (P2.00) per page;
b) For every certificate not on process, Two Pesos (P2.00) per page; and
c) For every search of any record of more than one year outstanding and reading the same, Five Pesos (P5.00).
SECTION 4. Where Fees to be Paid. The fees herein shall be paid by the party concerned to the Department of Agrarian Reform (DAR) Cashier or its counterpart offices, at the time of filing or request. If the fees are not paid, the Board or Adjudicator may refuse to take the action thereon until they are paid except as otherwise provided herein.
SECTION 5. Sheriffs, and other persons serving processes. a) For serving summons and copy of complaint, for each defendant, Twenty Pesos (P20.00);
b) For serving subpoenas for each witness to be served, Ten Pesos (P10.00);
c) For serving a temporary restraining order, of writ of injunction, preliminary or final, Fifty Pesos (P50.00);
d) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond, Twenty Pesos (P20.00);
e) For executing a writ of process to place a party in possession of real estate, One Hundred Pesos (P100.00);
f) For advertising a sale, besides cost of publication, Fifty Pesos (P50.00);
g) For taking inventory of goods levied upon when the inventory is ordered by the Board or its Adjudicator, One Hundred Pesos (P100.00) per day of actual inventory work;
h) For levying on execution on personal or real property, Fifty Pesos (P50.00); and
i) For money collected by him by order, execution, attachment, or any other process, the following sums to wit:
1. On the first Four Thousand Pesos (P4,000.00), four per centum (4%); and
2. On all sums in excess of Four Thousand Pesos (P4,000.00), two per centum (2%).
In addition to the fees herein above fixed, the party requesting for the issuance of any process whether preliminary, incidental, or final, shall pay the sheriff's expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including actual travel expenses by the regular means of transportation, guards' fees, warehousing and similar charges, in an amount estimated by the Sheriff, subject to the approval of the Board or Adjudicator. Upon approval of said estimated expenses, the interested party shall deposit such amount with the Clerk of the Board and ex-oficio Sheriff, who shall disburse the same to the Sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the Sheriff assigned with his return; and the Sheriff's expenses shall be taxed as costs against the losing party. EScIAa
SECTION 6. Stenographers. Stenographers shall give certified transcript of notes taken by them to any party requesting the same upon payment of Five Pesos (P5.00) for each page of not less than two hundred fifty (250) words.
SECTION 7. Witness' Fees. Witnesses in any action in the Board or Adjudicator shall be entitled to Twenty Pesos (P20.00) per day and actual travel expenses by the regular means of transportation.
A witness shall be allowed such compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of the several cases or on which side of the case, if the witness is summoned by both sides, to claim his attendance. A person who is compelled by the Board to attend its hearings shall not be paid as a witness.
SECTION 8. Costs. Cost shall be allowed to the prevailing party as a matter of course but the Board or the Adjudicator, as the case may be, shall have the power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.
SECTION 9. Costs in Actions or Proceedings. In any action or proceeding before the Board or Adjudicator, the prevailing party may recover the following costs:
a) For his own attendance, and that of his attorney, down to and including final judgment, One Hundred Pesos (P100.00);
b) All lawful fees charged against him by the Board or Adjudicator, in entering and docketing the action and recording the proceedings and judgment therein and for the issuance of all proceedings;
c) If testimony is received by the Board or Adjudicator not taken from another tribunal or a court of justice and transmitted thereto, the prevailing party shall be allowed the same cost for witness fees, depositions, processes and service thereof; and
d) The legal fees of the Adjudication Board or Adjudicator in an action may also be taxed against the defeated party, or apportioned as justice requires.
SECTION 10. Dismissal of Action or Appeal. If an action or an appeal is dismissed for want of jurisdiction or otherwise, the Board or Adjudicator, nevertheless, shall have the power to render judgment for costs, as justice may require.
SECTION 11. Attorney's Fees as Costs. Attorney's fees may be charged as costs against the adverse party in accordance with Article 2208 of the New Civil Code.
SECTION 12. Costs when Witness Fails to Appear. If a witness fails to appear at the time and place specified in the subpoena issued by the Board or the Adjudicator, the costs for the arrest of the witness shall be paid by the witness if the Board or Adjudicator shall determine that his failure to answer the subpoena was willful or without just excuse.
SECTION 13. Government Exempt. The Republic of the Philippines, its national agencies and instrumentalities, are exempt from paying the legal fees provided in this rule. Local governments and government-owned or controlled corporations, with or without independent charters, are not exempt from paying such fees.
SECTION 1. Transitory Provisions. These Rules shall govern all cases filed on or after its effectivity. All pending cases with the Board and the Adjudicator shall be governed by the Revised Rules of the DARAB of 1989.
SECTION 2. Separability of Provisions. If, for any reason, any portion or provision of these Rules is declared unconstitutional or invalid by the Supreme Court, no other provision of these Rules shall be affected thereby.
SECTION 3. Repealing Clause. The Revised DARAB Rules of 1989 and all DAR administrative orders or provisions thereof that are inconsistent herewith are hereby repealed and/or modified accordingly.
SECTION 4. Effectivity. These Rules shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
Done and adopted on this 30th day of May, 1994 at Diliman, Quezon City, Metro Manila, Philippines.
The DAR ADJUDICATION BOARD:
(SGD.) ERNESTO D. GARILAO
(SGD.) JOSE NOEL D. OLANO (SGD.) RENATO B. PADILLA
(SGD.) HECTOR D. SOLIMAN (SGD.) LORENZO R. REYES
(SGD.) AUGUSTO P. QUIJANO (SGD.) SERGIO B. SERRANO