Rule 1 – General Provisions

SECTION 1. Title. — These Rules shall be known as the

2009 Department of Agrarian Reform Adjudication Board (DARAB)
Rules of Procedure.
SECTION 2. Construction. — These Rules shall be These Rules shall be liberally construed
liberally construed to carry out the objectives of the agrarian reform a. to carry out the objectives of the agrarian reform
program and to promote just, expeditious and inexpensive adjudication program and
and settlement of agrarian cases, disputes, or controversies. b. to promote just, expeditious and inexpensive
All references in these Rules to the Members of the Board or adjudication and
the Adjudicators in the masculine (he, him, or his) shall be construed to c. settlement of agrarian cases, disputes, or
also mean the feminine form (she, her, or hers). controversies.

SECTION 3. Technical Rules Not Applicable. — The Board and its Regional and Provincial Adjudication Offices
Board and its Regional and Provincial Adjudication Offices shall not be - not be bound by technical rules of procedure and
bound by technical rules of procedure and evidence as prescribed in the evidence as prescribed in the Rules of Court
Rules of Court, but shall proceed to hear and decide all agrarian cases, - shall proceed to hear and decide all agrarian
disputes or controversies in a most expeditious manner, employing all cases, disputes or controversies in a most
reasonable means to ascertain the facts of every case in accordance with expeditious manner, employing all reasonable
justice and equity. EaDATc means to ascertain the facts of every case in
a. If and when a case comes up for adjudication wherein there is accordance with justice and equity.
no applicable provision under these rules, the procedural law and
jurisprudence generally applicable to agrarian disputes shall be a. No applicable provisions – procedural law &
applied. jurisprudence applied
b. The Adjudication Board (Board), and its Regional Agrarian b. Adjudicators
Reform Adjudicators (RARADs) and Provincial Agrarian Reform - Adjudication Board (Board)
Adjudicators (PARADs) hereinafter referred to as the Adjudicators, - Regional Agrarian Reform Adjudicators
shall have the authority to adopt any appropriate measure or (RARADs)
procedure in any given situation or matter not covered by these rules. - Provincial Agrarian Reform Adjudicators
All such special measures or procedures and the situations to which (PARADs)
they have been applied must be reported to the Board. c. Rules of Court shall not apply even suppletory
c. The provisions of the Rules of Court shall not apply even in unless adopted/by Board resolution
suppletory character unless adopted herein or by resolution of the
Board. Authority - to adopt any appropriate measure or procedure
in any given situation or matter not covered by these
rules.
SECTION 4. Doubts to Be Resolved in Favor of the Doubts in interpretation of rules, interpretation of
Beneficiary. — Any reasonable doubt in the interpretation of these contracts, stipulations bet. Contending party
rules, as well as in the interpretation of contracts and stipulations - Resolved in favor of
between the contending parties, shall be resolved in favor of the a. beneficiary,
beneficiary, potential beneficiary, tenant farmer, farm-worker, b. potential beneficiary,
agricultural lessee, farmers' cooperative, association or organization. c. tenant farmer,
d. farm-worker,
e. agricultural lessee,
f. farmers' cooperative, association or
organization
SECTION 5. Official Seal. — The Board shall design - design and adopt a seal to be imprinted in all its
and adopt a seal to be imprinted in all its resolutions, orders, decisions, resolutions, orders, decisions, and other
and other documents as an indication of their official character. The documents as an indication of their official
seal of the DARAB shall depict its official function as the dispenser of character.
agrarian justice. It shall be consistent with the basic design and - shall depict its official function as the dispenser of
symbolism of the Department of Agrarian Reform (DAR) logo. agrarian justice.
Rule 2 - Jurisdiction of the Board and the Adjudicators - shall be consistent with the basic design and
symbolism of DAR logo
SECTION 1. Primary and Exclusive Original and Board
Appellate Jurisdiction. — The Board shall have primary and exclusive - primary and exclusive jurisdiction, both original
jurisdiction, both original and appellate, to determine and adjudicate and appellate,
all agrarian disputes involving the implementation of the - to determine and adjudicate all agrarian disputes
Comprehensive Agrarian Reform Program (CARP) under R.A. No. involving the implementation of the
6657, as amended by R.A. No. 9700, E.O. Nos. 228, 229, and 129-A, R.A. Comprehensive Agrarian Reform Program
No. 3844 as amended by R.A. No. 6389, Presidential Decree No. 27 and (CARP)
other agrarian laws and their Implementing Rules and Regulations. a. rights and obligations of persons
Specifically, such jurisdiction shall include but not be limited to cases (natural/juridical)
involving the following: - engaged in the management, cultivation, and use
a. The rights and obligations of persons, whether natural or of all agricultural lands covered by R.A. No. 6657
juridical, engaged in the management, cultivation, and use of all b. preliminary administrative determination of
agricultural lands covered by R.A. No. 6657, otherwise known as the reasonable and just compensation of lands
Comprehensive Agrarian Reform Law (CARL), as amended, and other acquired under PD 27
related agrarian laws;
b. The preliminary administrative determination of reasonable c. Cases involved annulment or rescission of lease
and just compensation of lands acquired under Presidential Decree contracts or deeds of sale or their amendments
(PD) No. 27 and the Comprehensive Agrarian Reform Program involving lands
(CARP); - Under administration and disposition of
c. Those cases involving the annulment or rescission of lease DAR/LBP
contracts or deeds of sale or their amendments involving lands under - the amendment of titles pertaining to agricultural
the administration and disposition of the DAR or Land Bank of the lands EPs issued under PD 266, Homestead, Free
Philippines (LBP), and the amendment of titles pertaining to P, miscellaneous sales patents to settlers in
agricultural lands under the administration and disposition of the settlement and re-settlement areas
DAR and LBP; as well as EPs issued under PD 266, Homestead d. ejectment and dispossession of tenants and/or
Patents, Free Patents, and miscellaneous sales patents to settlers in leaseholders;
settlement and re-settlement areas under the administration and e. sale, alienation, pre-emption, and redemption of
disposition of the DAR; agricultural lands under CARL
d. Those cases involving the ejectment and dispossession of f. correction, partition, secondary and subsequent
tenants and/or leaseholders; issuances such as reissuance of lost/destroyed
e. Those cases involving the sale, alienation, pre-emption, and owner's duplicate copy and reconstitution of
redemption of agricultural lands under the coverage of the CARL, as CLOA & EPs registered with LRA.
amended or other agrarian laws; g. review of leasehold rentals and fixing of
f. Those involving the correction, partition, secondary and disturbance compensation
subsequent issuances such as reissuance of lost/destroyed owner's h. collection of amortization payments, foreclosure
duplicate copy and reconstitution of Certificates of Land Ownership and similar disputes concerning the functions of
Award (CLOAs) and Emancipation Patents (EPs) which are registered the LBP, and payments for lands awarded
with the Land Registration Authority; - payment for residential, commercial, and
g. Those cases involving the review of leasehold rentals and fixing industrial lots within the settlement and
of disturbance compensation; resettlement areas under the administration and
h. Those cases involving the collection of amortization payments, disposition of the DAR
foreclosure and similar disputes concerning the functions of the LBP, i. boundary disputes over lands
and payments for lands awarded under PD No. 27, RA No. 3844, as - which are transferred, distributed, and/or sold to
amended, and R.A. No. 6657, as amended by R.A. No. 9700, and other tenant-beneficiaries and are covered by deeds of
related laws, decrees, orders, instructions, rules, and regulations, as sale, patents, and certificates of title;
well as payment for residential, commercial, and industrial lots within j. cases previously falling under the original and
the settlement and resettlement areas under the administration and exclusive jurisdiction of the defunct Court of
disposition of the DAR; Agrarian Relations
i. Those cases involving boundary disputes over lands under the - except those cases falling under the proper courts
administration and disposition of the DAR and the LBP, which are or other quasi-judicial bodies
transferred, distributed, and/or sold to tenant-beneficiaries and are k. other agrarian cases, disputes, matters or
covered by deeds of sale, patents, and certificates of title; concerns referred to it by the Secretary of the
j. Those cases previously falling under the original and exclusive DAR
jurisdiction of the defunct Court of Agrarian Relations under Section
12 of PD No. 946 except those cases falling under the proper courts or
other quasi-judicial bodies; and ACTIHa
k. Such other agrarian cases, disputes, matters or concerns
referred to it by the Secretary of the DAR.

SECTION 2. Appellate Jurisdiction of the Board. — The Board

Board shall have exclusive appellate jurisdiction to review, reverse, - exclusive appellate jurisdiction
modify, alter, or affirm resolutions, orders and decisions of the - to review, reverse, modify, alter, or affirm
Adjudicators. resolutions, orders and decisions of the
No order of the Adjudicators on any issue, question, matter, or Adjudicators
incident raised before them shall be elevated to the Board until the - No order of the Adjudicators to BOARD  until
hearing shall have been terminated and the case decided on the merits. the hearing shall have been terminated and the
case decided on the merits
SECTION 3. Annulment of Judgment of Annulment of final judgment of Adjudicators
Adjudicators. — Annulment of final judgment of Adjudicators shall be - initiated by filing a verified complaint or petition
initiated by filing a verified complaint or petition with the Board with the Board
attaching thereto certified copies of the assailed decision and alleging - attached certified copies of the assailed decision
therein with particularity the facts and the law relied upon for said alleging particularity the facts and the law relied
annulment. upon for said annulment.
The annulment may be based only on grounds of extrinsic - Annulment be based on extrinsic fraud and lack
fraud and lack of jurisdiction. If based on extrinsic fraud, the action of jurisdiction
must be filed within three (3) years from its discovery; and if based on - extrinsic fraud - action must be filed within three
lack of jurisdiction, before it is barred by laches or estoppel. (3) years from its discovery
- lack of jurisdiction - before it is barred
by laches or estoppel.
SECTION 4. Referral to Office of the Secretary Referral to Office of the Secretary (OSEC).
(OSEC). — In the event that a case filed before the Adjudicator shall - filed before the Adjudicator
necessitate the determination of a prejudicial issue involving an
agrarian law implementation case, the Adjudicator shall dismiss the
case without prejudice to its re-filing, and, for purposes of expediency, --- necessitate the determination of a prejudicial
refer the same to the Office of the Secretary or his authorized issue involving an agrarian law implementation
representative in the locality. case
Prejudicial issue is defined as one that arises in a case the --- shall dismiss the case without prejudice to its
resolution of which is a logical antecedent of the issue involved therein, re-filing, and, for purposes of expediency refer the
and the jurisdiction over which pertains to the Office of the Secretary. same to OSEC
The prejudicial issue must be determinative of the case before
the Board or the Adjudicator but the jurisdiction to try and resolve the - Prejudicial issue is defined as one that arises in a
question is lodged with the Office of the Secretary. case the resolution of which is a logical
antecedent of the issue involved
--- jurisdiction over which pertains to the Office of
the Secretary
--- must be determinative of the case before the
Board/Adjudicators
--- jurisdiction to try and resolve the question is
lodged with the Office of the Secretary
SECTION 5. Role of the RARAD. — The RARAD shall RARAD
be the Executive Adjudicator in his Region directly responsible to the - Executive Adjudicator directly responsible to the
Board. As such, he shall: Board
a. Exercise administrative supervision over the PARADs and, in A. Exercise administrative supervision over the
the absence of the PARAD concerned, their personnel, which shall PARAD
include, among others, the monitoring of cases in his Region - Absence of PARAD - their personnel shall include
b. Receive, hear, and adjudicate agrarian disputes and land monitoring of cases
cases within the Region; B. Receive, hear, and adjudicate agrarian disputes
c. He shall also hear the following cases: and land cases within the Region
1. Those cases that cannot be handled by the PARAD on account C. Hear ff cases
of inhibition, disqualification or when there is no PARAD designated 1. Cases cannot handle by PARAD
in the locality; - account of inhibition, disqualification or
2. Those matters of such complexity and sensitivity that the - when there is no PARAD designated in the
decision thereof would constitute an important precedent affecting locality
regional interest as may be recommended by the concerned RARAD 2. matters of such complexity and sensitivity
and approved by the Board; and precedent affecting regional interest as may
3. Preliminary determination of just compensation within the be recommended by the concerned RARAD
jurisdictional limits as stated in Rule XIX, Sec. 2 hereof; and 3. Preliminary determination of just
4. Hear application for the issuance of a writ of preliminary compensation within the jurisdictional limits
injunction and/or temporary restraining order and such other cases 4. Hear application for the issuance of a writ of
which the Board may assign. preliminary injunction / temporary
restraining order
SECTION 6. Powers. — The Members of the Board and Members of Board & Adjudicators
the Adjudicators are empowered to summon witnesses, administer - empowered to summon witnesses, administer
oaths, take testimony, require submission of reports, compel production oaths, take testimony, require submission of
of books and documents and answers to interrogatories, and to issue reports, compel production of books and
subpoena duces tecum, writs of possession, writs of execution, and documents and answers to interrogatories, and to
other writs to enforce its orders and decisions through their Sheriffs or issue subpoena duces tecum, writs of possession,
duly deputized officers. writs of execution and other writs to enforce
For this purpose, whenever necessary, they shall direct the orders & decisions
Philippine National Police, the Armed Forces of the Philippines or any - they shall direct PNP AFP / other LEA
of their component units, or other law enforcement agencies to assist in --- to assist in the enforcement and execution
the enforcement and execution of their decisions, orders, writs, and of their decisions, orders, writs, and other processes.
other processes.

Rule 3 - Mediation or Conciliation at Barangay Level

SECTION 1. BARC Certification. — The Board or its BARC Certification
Adjudicators shall not take cognizance of any agrarian case, dispute, or - Board/Adjudicators shall not take cognizance of
controversy, unless a certification from the Barangay Agrarian Reform any agrarian case, dispute, or controversy, unless
Committee (BARC) of the barangay where the land involved is located a certification from the Barangay Agrarian
is presented, to the effect that the dispute has been submitted to it for Reform Committee (BARC) -- barangay where the
mediation or conciliation without any success or settlement, except that land involved is located is presented
the said certification is not necessary in the following cases: - the dispute has been submitted to it for mediation
a. where the issue involves the valuation of land to determine just or conciliation without any success or settlement
compensation for its acquisition; - BARC Cert no needed
b. where one party in a public or private corporation, partnership, a. Issue valuation of land to determine just
association or juridical person, or a public officer or employee and the compensation for its acquisition
dispute relates to the performance of his official functions; b. One party public or private corporation,
c. where the Secretary of the DAR directly refers the matter to the partnership, association or juridical person, or a
Board or Adjudicator; or public officer or employee
d. upon certification of the Municipal Agrarian Reform Officer - dispute relates to the performance of his official
(MARO) or, in his absence, the Senior Agrarian Reform Program functions
Technologist (SARPT) or Agrarian Reform Program Technologist c. Secretary of the DAR directly refers the matter to
(ARPT) of the non-existence of the BARC or the inability of the BARC the Board/Adjudicator
to convene. d.
SECTION 2. Referral to BARC. — If the filing of the If no BARC Cert – shall be referred to the BARC or DAR
complaint or petition is not accompanied by the required BARC Technologist of the barangay where the land is located
Certification, the same shall be referred to the BARC or DAR - as stated in the complaint, through the MARO of
Technologist of the barangay where the land is located, as stated in the the area
complaint, through the MARO of the area, directing: a. BARC
a. The BARC to conduct mediation/conciliation proceedings, by - to conduct mediation/conciliation proceedings, by
requiring the parties to submit their supporting documents and to requiring the parties to submit their supporting
return the matter to the Adjudicator with a report of the result of the documents
proceedings, together with the complete records submitted before it, - to return the matter to the Adjudicator with a
within thirty (30) days from receipt of the complaint or petition; or report of the result of the proceedings
b. The SARPT or ARPT in case of non-existence of the BARC or - within thirty (30) days from receipt of the
its inability to convene for that purpose, to refer the matter back to the complaint or petition
Adjudicator within five (5) days from receipt thereof with a b. Non-existence of BARC or inability to convene
certification of non-existence or inability of the BARC to convene. - SARPT or ARPT refer the matter back to the
Adjudicator within five (5) days from receipt
--- with a certification of non-existence or inability
of the BARC to convene
SECTION 3. Report of Settlement at BARC to Adjudicator. — If Case referred to BOARD & Settled in BARC
the case is referred by the Board or the Adjudicator and the same is - results shall be contained in a report to be
settled at the BARC level, the results thereof shall be contained in a submitted to the Board/Adjudicator who referred
report to be submitted to the Board or the Adjudicator who referred the the matter, within seven (7) days from the
matter, within seven (7) days from the termination of the proceedings termination of the proceedings before the BARC
before the BARC, which report shall be the basis for the rendition of - report shall be the basis for the rendition of
judgment/decision of the case before the Board or the Adjudicator. judgment/decision of the case before the Board or
the Adjudicator
SECTION 4. Land or Parties in Two (2) Barangays. — Land in 2 Brgys / Parties reside in Different Brgy.
Where the land in dispute straddles two or more barangays or the - BARC of the barangay where the larger portion of
parties involved reside in different barangays, the BARC of the the property lies
barangay where the larger portion of the property lies, shall have the --- have the authority to conduct mediation or
authority to conduct mediation or conciliation proceedings under these conciliation proceedings under these Rules
Rules, unless for convenience and accessibility and upon agreement of UNLESS for convenience and accessibility and
the parties such proceedings should be held in another barangay within upon agreement of the parties such proceedings
the Municipality or adjacent Municipality where the land in dispute is should be held in another barangay within the
located. Municipality or adjacent Municipality where the
land in dispute is located.
SECTION 5. Certification of Non-settlement. — If the
BARC is unable to settle the dispute within thirty (30) days, it shall
return the case to the Adjudicator of origin with a certification of non-
settlement, furnishing a copy thereof to the parties.
SECTION 6. Special Rules on Mediation and
Conciliation. — The mediation and conciliation proceedings at the
BARC shall be conducted in accordance with the uniform rules adopted
and promulgated by the DAR.
Rule 4 - Commencement of Action, Venue, and Cause of Action
SECTION 1. Complaint or Petition. — An action before Before Adjudicator
the Adjudicator shall be initiated by filing a sworn complaint or verified - initiated by filing a sworn complaint or verified
petition with the Adjudicator in the Province where the land involved petition with the Adjudicator
is located. - hour, day, month, and year was filed shall be
Upon the filing of the complaint or petition, the hour, day, stamped
month, and year when it was filed shall be stamped thereon. - complaint include the affidavit(s) of witnesses and
The complaint shall include the affidavit(s) of witnesses and documentary evidence
documentary evidence, if any. The complaint or petition shall be duly --- duly signed by the complainant or petitioner,
signed by the complainant or petitioner, or his counsel, or by one who or his counsel, or by one who can show a special
can show a special power of attorney to represent the complainant or power of attorney to represent the complainant or
petitioner. petitioner.
It shall state the area of the land involved and the Barangay --- state the area of the land involved and the
where the land is located, or if the land is located in two (2) or more Barangay where the land is located
barangays, the barangay where the larger portion of the land is located. --- located in two (2) or more  barangay where
It shall also state the name and residence of the complainant the larger portion of the land is located.
or petitioner and that of the defendant or respondent, the facts --- state the name and residence of the
constituting the cause of action, and the relief being sought. complainant or petitioner
Two (2) copies of the complaint or petition, and its annexes or --- defendant or respondent
attachments, and as many copies required to be served upon each of --- facts constituting the cause of action
the defendants or respondents, shall be filed. --- relief being sought
--- Two (2) copies of the complaint or petition.
 ----- its annexes or attachments

SECTION 2. Certification and Verification on Related Cert and Verification

Cases. — 1. C/Petitioner - certify under oath that
a. The complainant or petitioner shall certify under oath, in the a. Not commenced any action involving same land
complaint or in a sworn certification annexed thereto and b. Best of knowledge, no pending claim
simultaneously filed therewith, that: c. No knowledge of controversy involving the land /
1. he has not commenced any other action or filed any claim rights of persons/possession/entitlement to
involving the same land or issue in any court, tribunal or quasi- fruits/beneficiary
judicial agency; d. if there’s similar proceeding involving property
2. to the best of his knowledge, no such other action or claim is shall report that fact within 5 days to Adjudicator
pending therein; with whom complaint/initiatory pleading was
3. he has no knowledge of any controversy or proceeding involving filed
the status of said parcel of land or the rights of person/s over its 2. Petition not bear certification – Adju issue order
possession and entitlement to fruits or as beneficiary, the directing petitioner to comply w/in 10days from
determination of which is filed before any tribunal, court, the DAR or receipt order
any other agency; 3. Ground for SUMMARY DISMISSAL
4. should there be any same or similar action or proceeding - Failure to file w/in 10 day period / subsequent
involving the property, which is either pending or may have been discovery of commission of forum-shopping
terminated, he shall report such fact within five (5) days from - Dismissal for failure to file cert and verification
knowledge thereof to the Adjudicator with whom the complaint or shall be without prejudice to re-filing
initiatory pleading was filed.
b. In the event that the complaint or petition does not bear the
Certification, the Adjudicator shall issue an order directing
complainant or petitioner to comply with such requirement within ten
(10) days from receipt of the Order.
c. Failure to file certification and verification of related cases
within the aforementioned ten (10) day period and/or subsequent
discovery of commission of forum-shopping may be a ground for
summary dismissal. Dismissal for failure to file certification and
verification shall be without prejudice to re-filing.
SECTION 3. Amendment of and Supplement to Petition may be amended/supplemented
Complaint or Petition. — The complaint or petition may be amended, - Any time before responsive pleading served
or supplemented at any time before a responsive pleading is served or, In case of reply - any time within five (5) days
in case of a reply, at any time within five (5) days after it is served. after it is served.
After the responsive pleadings have been served, amendments - Responsive pleading served
or the filing of supplemental pleadings may be allowed at any stage of --- amendments or the filing of supplemental
the proceedings but before rendition of judgment only upon motion filed pleadings may be allowed at any stage of the
with the Adjudicator furnishing copies thereof to the adverse party. proceedings
The motion to amend shall indicate the amendment sought to
be admitted. In the case of a supplemental pleading, it shall set forth Motion to amend
the transactions, occurrences or events which have happened since the - shall indicate the amendment sought to be
date of the pleading sought to be supplemented. admitted
Supplemental Pleading – set transactions, occurrences or
events happened since the date of the pleading sought to
be supplemented.
SECTION 4. Venue. —
a. All actions shall be brought before the Adjudicator of the
province where the land 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
larger 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, upon motion of either of the parties and for compelling
reasons, the hearing of the case may be changed or transferred to
another place within or outside the Region by order of the RARAD or
the Board.
SECTION 5. One Suit for a Single Cause of Action. — A
party may not institute more than one suit for a single cause of action.
SECTION 6. Splitting a Single Cause of Action. — If
two or more suits are instituted on the basis of a single cause of action,
the filing of one or a judgment upon the merits in any one is available
as a ground for the dismissal of the others.
SECTION 7. 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 5 - Parties and Caption
SECTION 1. Parties in Interest. — Every agrarian case
must be initiated and defended in the name 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 issues involved therein shall be joined as defendants
or respondents.
If an additional respondent is impleaded in a later pleading,
the action is commenced with regard to him on the date of the filing of
such pleading.
The heirs of the deceased may be allowed to substitute the
deceased without requiring the appointment of an executor or
administrator.
The Adjudicator shall forthwith order said legal representative
or representatives to appear and substitute the deceased within a
period of ten (10) days from notice.
SECTION 2. Pauper Litigant. — A party who is an PAO/IBP/anyone giving free legal assistance
agricultural lessee, share tenant, actual tiller, amortizing owner- - any fees required by the DARAB
cultivator, farm-worker, 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 at all levels of
adjudication until the case is terminated.
SECTION 3. Association or Corporation as Plaintiffs or Example: HLI
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 sue or be sued under
such common name.
Persons associated in business that 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. Alternative Defendants. — Where the If there are 2 owners of the land – file against the title of
complainant or the plaintiff is uncertain against who of several persons the land, you cannot file if owner is unknown
he is entitled to relief, he may join any or all of them as defendants in
the alternative, although a right to relief against one may be
inconsistent with a right to relief against the other
SECTION 5. Unknown Identity or Name of
Defendants. — Whenever the identity or name of a defendant is
unknown, he may be sued as the unknown party using such designation
as the case may require. When his identity or true name is discovered,
the pleading must be amended accordingly.
SECTION 6. Entity without Juridical Personality as
Defendants. — When two or more persons not organized as an entity
with juridical personality enter into a transaction, they may be sued
under the name by which they are generally or commonly known.
In the answer of such defendant, the names and addresses of
the persons composing said entity must all be revealed.
Rule 6 – Service of Pleadings
SECTION 1. Service of Pleadings, Notices, and
Resolutions. —
a. The party filing the pleading subsequent to the complaint
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 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 is a complainant or petitioner, or a defendant or respondent.
*SECTION 2. 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 its 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.
SECTION 4. 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,
municipality, or other public corporations, service may be effected on
its chief executive or on such other officer as the law or Adjudicator may
direct.
SECTION 5. Return of Service. — The 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 reasons therefor.
SECTION 6. Proof of Completeness of Service. — The
return is prima facie proof of the facts indicated therein. Service by
registered mail is completed upon receipt by the addressee, his counsel,
or by his duly authorized representative or agent.
SECTION 7. Substituted Service. — If service of
pleadings, motions, notices, and resolutions, orders and other papers
cannot be made under the preceding sections, the office and place of
residence of the party or his counsel being unknown, service may be
made by delivering the copy to the Clerk of the Adjudicator or the
Board, with proof of failure of both personal service and service by mail.
The service is complete at the time of such delivery.
Rule 7 - Summons, Answer, and Submission of Evidence
SECTION 1. Issuance of Summons, Time to Answer,
and Submission of Evidence. — If the complaint or petition is filed
together with the BARC Certification and the affidavit(s) of witnesses,
with the Adjudicator, as required in Rule III of these Rules, or upon the
return of the complaint referred to the BARC in accordance with said
Rule III, the corresponding summons and notice of hearing shall be
issued attaching therewith a copy of such complaint, petition, affidavit,
and documentary evidence, if any.
The summons and notice of hearing shall direct the defendant
or respondent to file an answer to the complaint or petition or submit
counter-affidavits and other documentary evidence, if any, within a
non-extendible period of fifteen (15) days from receipt thereof,
furnishing a copy to the petitioner/s or the complainant/s. The summons
shall specify the date, time, and place of the hearing and shall order the
parties and their witnesses to appear at the scheduled date of hearing.
If the defendant or respondent cannot be served within a
reasonable time as provided in the preceding paragraph, service may
be effected:
a. by leaving copies of the summons at the defendant's or
respondent's residence with some person of suitable age and discretion
residing therein; or
b. by leaving the copies at defendant's or respondent's
office or regular place of business with some competent person in charge
thereof.
The provisions on service of summons as provided in the Rules
of Court shall have suppletory effect. However, if publication is effected
pursuant to the above rule, only the notice of summons and notice of
hearing shall be published and not the entire complaint or petition.
SECTION 2. By Whom Served. — The summons and
notice of hearing with the attached copy of the complaint, petition,
affidavit and documentary evidence, if any, may be personally served
by any DAR employee, including the Municipal Agrarian Reform
Officer (MARO) or any other personnel authorized by the Adjudicator
issuing the summons or by registered mail to the defendant or
respondent within two (2) days from the filing or return thereof, as the
case may be.
SECTION 3. Answer Required. — The defendant or
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.
The defendant or respondent may incorporate in his answer a
motion to dismiss on the ground of prescription, lack of jurisdiction,
failure to state a cause of action, improper venue or when there is
another action pending between the same parties for the same cause or
where the cause of action is barred by a prior judgment.
An answer must be accompanied by the affidavit(s) of
respondent's witnesses. The answer may include a counterclaim or
cross-claim for damages, attorney's fees, or litigation expenses.
SECTION 4. Time to Answer Non-Extendible. — The
fifteen (15)-day reglementary period within which the defendant or
respondent is required to answer shall not be extended.
SECTION 5. Amendment of Answer. — The defendant
or respondent may amend his answer upon motion filed with the
Adjudicator, together with the amended answer sought to be admitted,
notifying the complainant or petitioner of the motion with the amended
answer attached thereto, and giving the latter the opportunity to be
heard thereon.
If the motion is granted, a new copy of the entire answer
incorporating and appropriately indicating the amendment thereon
shall be filed with the Adjudicator, furnishing a copy thereof to the
complainant or petitioner.
The amended answer supersedes the original answer.
SECTION 6. Answer to Amended Complaint or
Petition. — The defendant or respondent shall file his answer to the
amended complaint or petition within fifteen (15) days from receipt
thereof, furnishing a copy to the petitioner or complainant.
If no new answer is filed, the answer previously filed shall
serve as the answer to the amended complaint or petition.
SECTION 7. No Default upon Failure to Answer. — If the defendant fail to answer? No judgment by default
When the defendant or respondent fails to file an answer, no declaration shall be render
of default shall be made nor judgment by default be rendered.
The complainant or petitioner must proceed to prove his case
and defendant or respondent shall be allowed to participate in
subsequent proceedings and such defendant or respondent may request
by motion that he be furnished copies of orders, pleadings and other
processes.
SECTION 8. Order upon Receipt of Answer or Lapse of
Reglementary Period. — Within five (5) days from receipt of the Answer
or from the lapse of the fifteen (15) day reglementary period to file
Answer, without any Answer having been filed, as the case may be, the
Adjudicator shall issue an Order setting the date of the initial
preliminary conference which must be held within forty-five (45) days
from the date of such Order.
SECTION 9. Affidavits. — The affidavits required to be
submitted under this Rule shall state only facts of direct personal
knowledge of the affiants and shall show their competence to testify to
the matters stated therein.
A violation of this requirement may subject the party or the
counsel who submits the same to disciplinary action, and shall be cause
to expunge the inadmissible affidavit or portion thereof from the
record.
All affidavits required to be submitted under this Rule shall be
sworn to before the presiding Adjudicator, or in his absence, any other
Adjudicator or any other person authorized to administer oaths under
the Revised Administrative Code.
SECTION 10. Reply. — A reply may be filed within five
(5) days from service of the pleading responded to.
Rule 8 – Appearances
SECTION 1. Appearance. — 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 farmers' organization or its members, provided
that he shall present proof of authority from the organization or its
members or such authority duly signed by the President or head of the
organization;
c. He is a law student who has successfully completed his third year
of the regular four-year prescribed law curriculum and is enrolled in a
recognized law school's clinical legal education program approved by the
Supreme Court. His appearance pursuant to this rule shall be under the
direct supervision and control of a member of the Integrated Bar of the
Philippines duly-accredited by the law school. Any and all pleadings,
motions, memoranda or other papers to be filed must be signed by the
supervising attorney for and in behalf of the legal aid clinic.
d. He is a DAR Legal Officer duly authorized by the appropriate
Head of Office in accordance with the internal regulations of the
Department of Agrarian Reform. For this purpose, the DAR Legal Officer
must have the prescribed authorization form before he may be allowed to
appear before the Board or any of its Adjudicators, Provided, that when
there are two or more representatives for any individual or group, such
individual or group should choose only one representative.
SECTION 2. Manner of Appearance. — Appearances
may be oral or in writing. 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 counselde officio from among the DAR
Lawyers or Legal Officers designated by the appropriate Head of Office
or a member of the bar who is willing to act as such counsel de officio.
SECTION 4. Authority to Bind Party. — Attorneys and
other representatives of parties cannot, without a special power of
attorney, enter into a compromise agreement with the opposing party
when a full or partial discharge of a client's interest is made.
Rule 9 – Preliminary Conference
SECTION 1. When Conducted. — After the last
pleading shall have been served and filed, or upon receipt of the BARC
certification of non-settlement in instances when the case was referred
to the BARC for mediation/conciliation, the Adjudicator shall set the
case for a preliminary conference.
SECTION 2. Notice of Preliminary Conference. — The
notice of the preliminary conference shall be served upon the
representative or counsel of record or the party himself, if he has no
representative or counsel of record.
SECTION 3. Appearance of Parties. — It shall be the
duty of parties and their counsel to appear at the preliminary
conference.
The counsel or his representative cannot, without a written
authority or express consent of his client, enter into an amicable
settlement, submit to alternative modes of dispute resolution, or enter
into stipulations or admissions of facts or of documents.
SECTION 4. Effect of Failure to Appear. — If either or
both parties fail to appear for preliminary conference, despite proper
notice, the conference shall be deemed terminated and the Adjudicator
shall render a decision on the basis of the evidence on record
SECTION 5. Amicable Settlement. — During the
preliminary conference and at any stage of the proceedings, the Board
or the Adjudicator shall exert all efforts and take positive steps for the
amicable settlement of the case.
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 the board.
If a compromise agreement is entered into by the parties in a
manner other than as specified above, the adjudicator or the board shall
set the case for a hearing for the purpose of determining the
authenticity and due execution thereof before approving it.
The settlement shall be approved after the Board or the
Adjudicator 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 order or decision approving the compromise agreement
shall have the effect of a judgment on the case, which shall immediately
be final and executory.
In all cases where the beneficiaries, tenant farmers, or farm-
workers are not assisted by a private counsel, the adjudicator or the
board shall coordinate with the proper office of the DAR to ensure that
said parties are assisted by a lawyer or legal officer in arriving at a
settlement.
SECTION 6. Failure to Arrive at an Amicable
Settlement. — In the event that the adjudicator denies the compromise
agreement or the parties are not able to reach an amicable settlement
of the case, the adjudicator shall:
a. consider the submission of the case to alternative modes of
dispute resolution;
b. resolve and dispose of preliminary incidents related to the
case;
c. determine whether any of the parties intends to propound
clarificatory questions on any of the affiants/witnesses;
d. determine whether there is a need to issue the appropriate
subpoena upon any witness who refuses to execute an affidavit;
e. determine the dates of subsequent hearings for the purpose of
examining the witnesses; and
f. take up other matters as may simplify and aid in the prompt
disposition of the case.
SECTION 7. Record of Preliminary Conference. — The
proceedings in the conference shall be recorded. Upon termination of
the same, the Adjudicator shall issue an order, which shall embody the
matters taken up therein, and the date set for the initial hearing of the
case, if any.
The aforementioned order shall control the subsequent
proceedings of the case, subject to such modifications, which may be
made to prevent manifest injustice.
Rule 10 - Proceedings Before the Adjudicators
SECTION 1. Nature of Proceedings. — The proceedings
before the Adjudicator shall be non-litigious in nature.
Subject to the essential requirements of due process, the
technicalities of law and procedures 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, if necessary.
SECTION 2. Role of the Adjudicator in the
Proceedings. — The Adjudicator shall personally conduct the hearing.
He shall take full control of the proceedings.
He may examine the parties and witnesses freely with respect
to the matters at issue, and shall limit the right of the parties or their
counsels to ask questions only for the purpose of clarifying the points of
law at issue or of facts involved in the case.
He shall also limit the presentation of evidence by the
contending parties only to matters relevant and material to the issues
and necessary for a just, expeditious, and inexpensive disposition of the
case.
SECTION 3. Orders or Resolutions During the Hearing
of the Case. — The order or resolution of the Adjudicator on any issue,
question, matter, or incident raised before him shall be valid and
effective until the hearing of the same shall have been terminated and
resolved on the merits.
SECTION 4. Submission of Position Papers. — In case
the parties fail to arrive at an amicable settlement of the case or the
adjudicator denies the compromise agreement, the adjudicator shall
issue an order directing the parties and their counsels to
simultaneously submit their respective position papers and formal offer
of evidence. The same position papers shall be submitted within Thirty
(30) days from receipt of the order.
 SECTION 5. Procedure on Clarificatory Hearing. —
Within fifteen (15) days from receipt of the position papers from the
parties, the adjudicator may conduct clarificatory hearing.
During the clarificatory hearing, the adjudicator shall have full
control of the proceeding but may allow counsels to propound
clarificatory questions to the witnesses.
At the hearing, the affidavits submitted by the parties shall
constitute the direct testimonies of the witnesses who executed the
same. A witness summoned to appear in accordance with Section 6 (d),
Rule IX hereof may be subjected to such clarificatory questioning even
without submitting his affidavit.
Upon termination of the clarificatory hearing, the case or
incident shall be deemed submitted for decision or resolution.
SECTION 6. Record of Proceedings. — The proceedings
before the Adjudicator shall be recorded by a stenographer. In the
absence of an available stenographer, the Adjudicator shall 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 7. Period to Render the Decision. — The
Adjudicator shall render the decision on the merits of the case within
thirty (30) days after the filing of the verified position papers or after
the lapse of the period to file a verified position paper without the same
having been filed or after the clarificatory hearing shall have been
concluded by the Adjudicator.
SECTION 8. Award and Damages. — The Adjudicator
or the Board, in appropriate cases, may award actual, compensatory,
exemplary, and moral damages and attorney's fees. The attorney's fees
to be awarded should be reasonable.
SECTION 9. Finality of Judgment. — Unless appealed,
the decision, order, or resolution 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, and by the party
himself whether or not he is appearing on his own behalf, whichever is
later. In all cases, the parties themselves shall be furnished with a copy
of the decision, order or resolution.
SECTION 10. 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 move for
reconsideration of such order, resolution, or decision on the grounds
that:
a. the findings of fact in the said decision, order, or resolution are
not supported by substantial evidence; or
b. the conclusions stated therein are contrary to law and
jurisprudence
The motion for reconsideration shall be filed together with
proof of service of a copy thereof upon the adverse party.
Only one (1) Motion for Reconsideration shall be allowed for
each party.
The filing of a Motion for Reconsideration shall interrupt the
period to perfect an appeal. If the motion is denied, the aggrieved party
shall have a period of fifteen (15) days reckoned from the receipt of the
notice of denial.
Rule 11 - Motions in General
SECTION 1. Motion Defined. — Every application for
relief, other than by principal pleadings.
SECTION 2. Form. — All motions shall be in writing,
except those made in the course of a hearing or trial.
SECTION 3. Contents. — A motion shall state the relief
sought and the grounds upon which it is based and, if necessary, shall
be accompanied by supporting affidavits and documents.
SECTION 4. Notice. — A copy of the motion together
with copies of supporting affidavits or documents shall be served by the
movant upon all parties and counsels concerned, at least three (3) days
before the hearing thereof.
 The Adjudicator or the Board may, however, hear a motion on
shorter notice upon good cause, especially on matters, which may be
disposed of motu proprio.
SECTION 5. Proof of Service. — No motion shall be
acted upon by the Adjudicator or by the Board without proof of service
thereof except when he/it is satisfied that the rights of the adverse party
are not affected.
SECTION 6. Expeditious Resolution of Motions. — All
motions shall be resolved within a reasonable period from its
submission for resolution. The same shall be considered submitted for
resolution upon the filing of the last pleading supporting or opposing
the motion. Any motion for reconsideration of an interlocutory order
shall be filed within fifteen (15) days from receipt thereof.
SECTION 7. Non-allowable Motions. — The following
motions shall not be allowed:
a. Motion to declare defendant or respondent in default or for a
default judgment; HTCaAD
b. All other motions filed before an Answer, except Motions to
Dismiss on the ground of prescription, lack of jurisdiction or failure to
state a cause of action, improper venue or when there is another
action pending between the same parties for the same cause or where
the cause of action is barred by a prior judgment;
c. Motion for extension of time to file an appeal, motion for
reconsideration, or appeal memorandum.
Rule 12 - Intervention
SECTION 1. Who May Intervene. — A person who has
a legal interest on the matter in litigation, or in the success of either of
the parties or an interest against both, or has a substantial right or
interest in the subject matter of the case
before the Adjudicator or Board, may be allowed to intervene in the
action by filing a pleading-in-intervention.
In case where the Board or the Adjudicator has competent
jurisdiction, agrarian reform beneficiaries or identified beneficiaries
and/or their associations shall have legal standing and interest to
intervene concerning their individual or collective rights and/or
interests under the CARP.
The fact of non-registration of such associations with the
Securities and Exchange Commission, or Cooperative Development
Authority, or any concerned government agency shall not be used
against them to deny the existence of their legal standing and interest
in a case filed before such courts and quasi-judicial bodies.
SECTION 2. Time to Intervene. — A person desiring to
intervene may, before judgment by the Adjudicator or the Board, file a
motion for leave to intervene attaching the pleading-in-intervention
with notice upon all the parties to the action.
In allowing or disallowing a motion for leave to intervene, the
Adjudicator or the Board shall consider if the intervention will unduly
delay or prejudice the adjudication of the rights of the original parties
or if the intervenor's right may be fully protected in a separate
proceeding.
SECTION 3. Answer-in-Intervention. — The answer-
in-intervention shall be filed within fifteen (15) days from notice of the
order allowing the intervention, unless a different period is fixed by the
Adjudicator or the Board.
Rule 13 - Decisions/Resolutions/Final Orders
SECTION 1. Decisions/Resolutions/Final Orders. —
The decisions/resolutions/final orders of the Adjudicator shall be in
writing, prepared and signed by him and filed with the Regional or
Provincial Clerk of the Adjudicator. It shall clearly and completely state
the findings of fact and specify the evidence and the law or
jurisprudence upon which the decision is based.
The decisions/resolutions/final orders of the Board shall be in
writing, prepared by the Member to whom it is assigned, signed by the
Members of the Board and filed with the Executive Director of the
Board Secretariat.
SECTION 2. Promulgation. — After the
judgment/resolution/final order is signed by the Adjudicator or
Members of the Board, the same shall be filed with the Regional or
Provincial Clerk of the Adjudicator or of the Board, respectively, who
shall indicate thereon the date of promulgation thereof.
SECTION 3. Notice of Decision/Resolution/Final
Order. — Upon promulgation of the decision/resolution/final order, the
Regional or Provincial Clerk of the Adjudicator or of the Board, as the
case may be, shall immediately cause copies thereof to be served upon
the parties and their counsel as well as the DAR and other government
officials who may take part in the execution or implementation of such
decision/resolution/final order.
In the event that a copy of the decision cannot be served upon
the parties and/or their counsel as well the DAR and other government
officials for whatever reason, a notice of the decision/resolution/final
order shall be served upon the latter in the manner provided for in
Section 2, Rule VII hereof. If such manner of service fails, the notice of
the decision shall be served by publication in a newspaper of general
circulation. For this purpose, the Board shall schedule, at least once a
year, the publication of said notice falling under this section. However,
at the option of the prevailing party, the publication of the notice of
decision falling under this section may be undertaken ahead of the
schedule fixed by the Board, provided that all expenses of publication
shall be shouldered by the prevailing party. All notices to be published
under this Rule shall contain the DARAB Case Number and the names
of all the parties in the case.
All the Adjudicators shall submit to the Board a periodic
quarterly report of all decisions rendered, for the purpose of including
the same in the annual publication of the notice of decisions.
All notices of decision/resolution/final order shall be written in
English or in Filipino.
SECTION 4. Entry of Decisions/Resolutions/Final
Orders. — If no appeal or motion for reconsideration is filed within the
time provided in these rules, the decision/resolution/final order of the
Board or Adjudicator shall be entered in the Book of Entries of
Decisions by the Clerk of the Board and the Regional or Provincial Clerk
of the Adjudicator, respectively. The date of finality of the
decision/resolution/final order shall be deemed to be the date of its
entry.
The record of entry shall contain the dispositive portion of the
decision/resolution/final orders and shall be signed by the Clerk of the
Adjudicator or of the Board, as the case may be, with a certification that
such decision/resolution/final order has become final and executory.
Rule 24 – Appeals
SECTION 1. Appeal to the Board. — An appeal may be
taken to the Board from a resolution, decision or final order of the
Adjudicator that completely disposes of the case by either or both of the
parties within a period of fifteen (15) days from receipt of the
resolution/decision/final order appealed from or of the denial of the
movant's motion for reconsideration by:
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 (PhP1,000.00) to
the DAR Cashier where the Office of the Adjudicator is situated or
through postal money order, payable to the DAR Cashier where the
Office of the Adjudicator is situated, at the option of the appellant
A pauper litigant shall be exempt from the payment of the
appeal fee.
Proof of service of Notice of Appeal to the affected parties and
to the Board and payment of appeal fee shall be filed, within the
reglementary period, with the Adjudicatora quo and shall form part of
the records of the case.
Non-compliance with the foregoing shall be a ground for
dismissal of the 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: aDIHCT
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.
SECTION 3. Notice of Appeal and Appeal
Memorandum. — The Notice of Appeal together with the Appellant's
Memorandum shall:
a. be filed with the Adjudicator concerned in three (3) legible
copies with proof of service to the affected parties, and payment of
appeal fee unless appellant is a pauper litigant as provided for in Rule
V, Sec. 2 hereof;
b. indicate the parties to the appeal;
c. specify the judgment or final order appealed from;
d. state the material dates showing the timeliness of the
appeal
SECTION 4. Perfection of Appeal. — An appeal is
deemed perfected upon compliance with Section 1 of this Rule.
If the appeal is perfected, the Adjudicator shall, within five (5)
days from receipt of Notice of Appeal together with Appellant's
Memorandum, issue an Order stating that the appeal was perfected in
accordance with the Rules, and direct the transmittal of records to the
Board thru the Executive Director of the Board Secretariat, otherwise,
he shall issue an Order denying the said notice of appeal.
The Board thru the Executive Director of the Board Secretariat
shall immediately notify the parties that the record of the case has
already been received by the DARAB Central Office and shall order the
appellee and/or his counsel to submit his Appellee's Memorandum.
The appellee and/or his counsel may submit his Appellee's
Memorandum within fifteen (15) days from receipt of the said Order
furnishing a copy thereof to the appellant/s and the latter's counsel/s.
After the filing of their respective appeal memoranda with the
Board or the lapse of the period within which to file the same, the case
shall be deemed submitted for resolution. In case no appellee's
memorandum has been filed within the reglementary period, the Board
may proceed to render judgment thereon based on the records of the
case. DAcaIE
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

SECTION 5. Motions After Filing of Notice of Appeal. —

Any motion, after the perfection of the Appeal and before the elevation
of the case records to the Board, shall be filed with the Board, attaching
thereto a certified copy of the Decision of the Adjudicator, the Notice of
Appeal together with the Appellant's Memorandum and proof of
payment of appeal fee. A copy of the motion shall be furnished to the
Adjudicator and the opposing parties.
SECTION 6. Transmittal of Appeal and Records. — The
Adjudicator concerned shall, after the issuance of the Order stating the
perfection of the appeal, transmit the appeal to the Board, together with
the complete records of the case, furnishing the parties with copies of
the letter of transmittal to the Board.
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.
SECTION 7. Docketing of Cases. — Upon the receipt of
the records of the case on appeal, the Executive Director of the Board
Secretariat shall docket the case and notify the parties thereof
SECTION 8. Caption. —In all cases appealed to the
Board, the title shall remain as it was before the Adjudicator but the
party appealing shall be further called the "appellant" and the adverse
party the "appellee", and the case shall be assigned a docket number
SECTION 9. Frivolous or Dilatory Appeal. — To
discourage frivolous or dilatory appeals, the Board shall impose
reasonable penalties, including, but not limited to, fine or censure upon
erring parties
SECTION 10. 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 shall stand as
if no appeal had ever been taken
SECTION 11. When Appeal is Submitted for Decision. —
The appeal shall be deemed submitted for decision upon the filing of the
last pleading or memorandum as may be required or permitted to be
filed by the Board, or upon the expiration of the period for its filing.
SECTION 12. Period to Decide Appeal. — The Board
shall render its decision on appeal before it, as much as possible, within
thirty (30) days after its submission
SECTION 13. Finality of Decisions/Resolutions. —
Decisions/resolutions/orders of the Board shall become final after the
lapse of fifteen (15) days from receipt of a copy thereof by the counsel or
representative on record, and by the party himself whether or not he is
appearing on his own behalf, whichever is later, unless an appeal or
motion for reconsideration thereof is filed within such period. In all
cases, the parties themselves shall be furnished with a copy of the
decision/resolution/order.
If a copy of the decision cannot be served personally or by mail
and publication is effected in accordance with Section 3, Rule 13 hereof,
said decision shall become final after the lapse of sixty (60) days from
the date of publication.
Only one motion for reconsideration by either party shall be
allowed and entertained.
Rule 15 – 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
SECTION 3. No Restraining Order or Preliminary
Injunction. — Except for the Supreme Court, 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 and other pertinent laws on
agrarian reform and regulations promulgated thereunder pursuant to
Section 55, Republic Act (R.A.) No. 6657 as amended by R.A. No. 9700.
Rule 16 - 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 2. Form and Time of Filing of Petition. — A
petition for relief must be verified and a copy thereof together with its
annexes and supporting affidavits, if any, must be furnished to the
adverse party or parties and filed within sixty (60) days from the time
the fraud, accident, mistake or excusable negligence was discovered and
within six (6) months after the decision/resolution/final order was
rendered.
The petition must be accompanied by affidavits and supporting
documents showing the fraud, accident, mistake or excusable
negligence relied upon, whichever is applicable as well as the proof of
service of the petition on the other party or parties. Without such proof
of service the petition shall not be entertained.
SECTION 3. Answer. — Should the petition be
sufficient in form and substance, the Adjudicator shall issue an order
directing the party or parties to file their answer thereto within fifteen
(15) days from receipt of said order. The order shall also set the date for
the hearing of the petition.
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.
When an appeal from the denial of the petition for relief is
granted, the Board shall give due course to the appeal, as if a timely
and proper appeal has been made from the questioned
decision/resolution/final order.
Rule 18 - Preliminary Injunction/Supervision of Harvest
Preliminary Injunction/Supervision of Harvest
SECTION 1. Preliminary Injunction, When Granted. —
A writ of 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 which may be in favor
of such party. Should the Board or the Adjudicator believe that it is
necessary to post a bond, it shall fix the reasonable amount of the bond
to be filed by the party applying for the injunction in favor of the party
who 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, a writ of injunction may be issued. The Board or
the Adjudicator may also require the performance of a particular act or
acts, subject to the rules herein provided, in which case, it shall be
known as a preliminary mandatory injunction
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 or
enjoining the actual tiller from cultivating the land, or harvesting the
standing crops nor issue an order impounding the harvest, if any,
without providing him with at least fifty percent (50%) of the net
harvest
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, for another
twenty (20) days from the expiration of the original period, or motu
proprio by the Board. 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 or status quo should be resolved.
SECTION 4. Supervision of Harvest. — An order for the
supervision of harvest may also be granted by the Board or any two (2)
of its Members or the Adjudicator, when it is established on the basis of
the allegations in the sworn complaint or motion, which shall be duly
supported by the affidavits of merit, that one or more persons are
claiming rights adverse to the tiller on the landholding in question or
there is a dispute as to the sharing in the net harvest of the landholding.
The Order for the supervision of harvest shall remain effective
unless the Board or Adjudicator issues an order lifting or revoking the
same
Rule 18 - Direct and Indirect Contempt
SECTION 1. Direct Contempt. — The Board or any of
its Members or 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 or to answer as a witness, or to subscribe
to an affidavit or deposition 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 One
Thousand Pesos (P1,000.00), or imprisonment of not exceeding ten (10)
days or both.
The judgment of the Board or any of its Members or
Adjudicator on direct contempt is immediately executory and not
appealable.
SECTION 2. Indirect Contempt. — The Board or any of
its Members or its Adjudicator may also cite and punish any person for
indirect contempt in accordance with Section 50 of R.A. No. 6657 as
amended by R.A. No. 9700.
Proceedings for indirect contempt may be initiated motu
proprio by the board or adjudicator against which the contempt was
committed by order or any other formal charge requiring the
respondent to show cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall be
commenced by a verified petition with supporting particulars and
certified true copies of documents or papers involved therein, and upon
full compliance with the requirements for filing initiatory pleadings in
the board or adjudicator concerned. If the contempt charges arise out of
or are related to a principal action pending before the Board or
Adjudicator, the petition for contempt shall allege that fact but said
petition shall be docketed, heard and decided separately.
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 the
said person of a bond on condition that he will abide by, and perform
the judgment should the appeal be decided against him.
Rule 19 - 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
SECTION 2. By Whom Conducted. — The preliminary
proceedings of land valuation for the purpose of the determination of
just compensation for its acquisition shall be conducted: ICTaEH
a. by the PARAD when the initial land valuation of the Land
Bank of the Philippines (LBP) is less than Ten Million Pesos
(PhP10,000,000.00);
b. by the RARAD when the said valuation is Ten Million Pesos
and above but less than Fifty Million Pesos (PhP50,000,000.00); and
c. by the Board when the said valuation is Fifty Million Pesos
(PhP50,000,000.00) and above.
In the event of non-availability, inhibition or disqualification
of a designated PARAD in the locality, the RARAD concerned may
conduct preliminary proceedings of land valuation notwithstanding
that the jurisdictional amount is less than Ten (10) Million Pesos.
On account of non-availability, inhibition or disqualification of
the RARAD concerned, the Board may conduct the preliminary
proceedings of land valuation or designate the same to an Adjudicator
from among the PARADs in the region
preliminary proceedings of land valuation or designate the
same to an Adjudicator from among the PARADs in the region.
SECTION 3. Order for Submission of Evidence, Position
Papers, and Notice of Hearing. — Upon receipt of the Claim Folder (CF)
containing all the pertinent documents, the Board/Adjudicator shall
issue an order:
a. to the landowner, the LBP, the DAR officials concerned, the
farmer-beneficiaries and other interested parties, that they may
examine the claim folder in the Adjudicator's possession and to submit
evidence, pertinent documents, and their respective position papers and
affidavits within thirty (30) days from receipt of the order; and
b. notifying said parties of the date set for hearing on the matter.
Thereafter, the Board/Adjudicator shall proceed to make an
administrative determination of just compensation following the
procedure in ordinary cases.
The Order shall be served in the same manner as the service
of summons as provided for in Rule VII hereof
SECTION 4. Failure to Comply with Above Order. — 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.
SECTION 5. When Resolution Deemed Final. —
Failure on the part of the aggrieved party to contest the resolution of
the Board/Adjudicator within the afore-cited reglementary period
provided shall be deemed a concurrence by such party with the land
valuation, hence said valuation shall become final and executory
SECTION 6. Filing of Original Action with the Special
Agrarian Court for Final Determination. — The party who disagrees
with the decision of the Board/Adjudicator may contest the same by
filing an original action with the Special Agrarian Court (SAC) having
jurisdiction over the subject property within fifteen (15) days from his
receipt of the Board/Adjudicator's decision.
Immediately upon filing with the SAC, the party shall file a
Notice of Filing of Original Action with the Board/Adjudicator, together
with a certified true copy of the petition filed with the SAC.
Failure to file a Notice of Filing of Original Action or to submit
a certified true copy of the petition shall render the decision of the
Board/Adjudicator final and executory. Upon receipt of the Notice of
Filing of Original Action or certified true copy of the petition filed with
the SAC, no writ of execution shall be issued by the Board/Adjudicator
SECTION 7. Notice of Resolution. — 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 counsel.
SECTION 8. Return of Claim Folder. — The
Board/Adjudicator shall, within three (3) days from return of the notice
of the resolution pursuant to the preceding section, transmit the Claim
Folder (CF), together with the complete records thereof to the office of
origin or the Provincial Agrarian Reform Officer (PARO) concerned,
copy furnished the LBP.
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.
Rule 20 - Execution
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 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 proprio, 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 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.
SECTION 3. Execution When Issued; Exception. — On
motion of the prevailing party or motu proprio, the Adjudicator shall
order execution of an order or decision that has already become 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, or a decision or a
portion thereof involving solely the issue of just compensation.
When the decision is based on an amicable settlement or
compromise agreement, the same shall be immediately executory.
SECTION 4. Execution by Motion or by Independent
Action. — A final and executory judgment may be executed on motion
within five (5) years from the date of its entry. After the lapse of such
time, and before it is barred by the statute of limitations, a judgment
may be enforced by action.
SECTION 5. Execution in Case of Death of Party. —
Where a party dies after the entry of the judgment or order, execution
thereon may issue, or one already issued may be enforced in the
following manner:
a. In case of the death of the judgment obligee, upon application
of his executor or administrator, or successor in interest;
b. In case of the death of the judgment obligor, against his
executor or administrator or successor in interest;
c. In case of the death of the judgment obligor after execution is
actually levied upon any of his property, the same may be sold for the
satisfaction thereof, in the manner provided for by the Rules of Court
and the officer making the sale shall account for any surplus in his
hands to the corresponding executors or administrator.
Provided, however, that if the judgment is for payment of
rental in arrearages claimed against the tenant-farmer, agricultural
lessee or tiller or settler or amortizing owner-cultivator, execution shall
be levied upon the produce of the landholding not exceeding 75%.
SECTION 6. Issuance, Form, and Contents of a Writ of
Execution. — The writ of execution must be issued by the Board or its
Adjudicator which granted the motion.
It must intelligently refer to such judgment or order attaching
a certified copy of the judgment or order to the writ of execution and
requiring the sheriff or any proper officer to whom it is directed to
enforce the writ according to its terms,
upon the party against whom the same is rendered, or upon
any other person required thereby, or by law, to obey the same, and
such party or
person may be punished for contempt, if he disobeys such
judgment.
SECTION 7. Judgment for Specified Acts Vesting
Title. — If a judgment directs a party
to execute a conveyance of land, or to deliver deeds or other
documents, or to perform any other specific act,
and the party fails to comply within the time specified,
the Board or the Adjudicator may direct the act to be done by
some other person appointed by the said Board or Adjudicator
at the cost of the disobedient party
and the act when so done shall have like effects as if done by
such disobedient party.
SECTION 8. Return of Writ of Execution. — The writ of
execution shall be returned to the Board or Adjudicator issuing it
immediately after the judgment has been satisfied in part or in full.
 If the judgment cannot be satisfied in part or in full within
thirty (30) days after his receipt of the writ,
the officer shall report to the Board or Adjudicator, as the case
may be, and state the reason therefor.
Such writ shall continue in effect during the period within
which the judgment may be enforced by motion.
The officer shall make a report every thirty (30) days on the
proceedings taken thereon until the judgment is satisfied in full, or its
effectivity expires.
The return or periodic reports shall set forth the whole
proceedings taken, and shall be filed with the Board Secretariat or
Clerk of the Adjudicator, as the case may be, to be preserved with the
other papers in the case.
A certified copy of the record of an execution in the execution
book kept by the Board Secretariat or Clerk or of the officer's return
thereon, shall be evidence of the contents of the originals whenever
they, or any part thereof, have been lost or destroyed.
SECTION 9. Property Exempt from Execution. —
Except as otherwise expressly provided by law, the following properties,
and no other, shall be exempt from execution:
a. the judgment obligor's family home as provided by law or, the
homestead in which he resides, and land necessarily used in
connection therewith, unless the family home or homestead is the
subject matter of the dispute;
b. tools and implements necessarily used by him in his trade or
employment;
c. beasts of burden necessarily used by him in his ordinary
occupation;
d. his necessary clothing and articles for ordinary personal use,
excluding jewelry;
e. household furniture and utensils necessary for housekeeping,
and used for that purpose by the judgment obligor and his family, such
as the judgment obligor may select, of a value not exceeding One
Hundred Thousand Pesos (PhP100,000.00);
f. provisions for individual or family use sufficient for four
months;
g. the professional libraries of attorneys, judges, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and
other professionals, not exceeding Three Hundred Thousand Pesos
(PhP300,000.00) in value;
h. one (1) fishing boat and accessories not exceeding the total
value of One Hundred Thousand Pesos (PhP100,000.00), owned by any
fishermen by the lawful use of which he earns a livelihood;
i. so much of the earnings of the judgment obligor for his personal
services within the four (4) months preceding the levy as are necessary
for the support of his family;
j. lettered gravestones;
k. all moneys, benefits, privileges, or annuities accruing or in any
manner growing out of any life insurance;
l. the right to receive legal support, or money or property
obtained as such support, or any pension or gratuity from the
government; and
m. properties especially exempt by law.
But no article or species of property mentioned in this section
shall be exempt from execution issued upon a judgment involving said
property, upon judgment recovered for its price or upon a judgment of
foreclosure of a mortgage thereon.
SECTION 10. How Execution for the Delivery or
Restitution of Property Enforced. — The officer must enforce an
execution for the delivery or restitution of property by ousting
therefrom the person against whom the judgment is rendered and
placing the judgment obligee in possession of such property, and by
levying upon so much of the property of the judgment obligor as will
satisfy the amount of the judgment and costs included in the writ of
execution
SECTION 11. Removal of Improvements on Property
Subject of Execution.— When the property subject of the execution
contains improvements constructed or planted by the judgment obligor
 or his agent, the officer shall not destroy, demolish or remove said
improvements except upon order of the Board or the Adjudicator issued
upon petition of the judgment obligee after due hearing and after the
former has failed to remove the same within the time fixed by the Board
or Adjudicator
***SECTION 12. Effect of Judgment or Final Order. —
The effect of a judgment or final order rendered by the Board or
Adjudicator having jurisdiction to pronounce the judgment or order,
may be as follows:
a. In case of judgment or order against a specific thing or property,
the judgment or order is conclusive upon the title or right to the thing
or property;
b. In other cases, the judgment or order is, with respect to the
matter directly adjudged or as to any other matter that could have been
raised in relation thereto,
- conclusive between the parties and their successors in interest by title
subsequent to the commencement of the action, litigating for the same
thing and under the same title and in the same capacity; and
c. In any other litigation between the same parties or their
successors in interest, that only is deemed to have been adjudged in a
former judgment which appears upon its face to have been so adjudged,
or which was actually and necessarily included therein or necessary
thereto.
Rule 21 - Board Regulations
SECTION 1. Internal Business. — The Members of the
Board, sitting en banc, shall make appropriate orders or rules to govern
the assignment of cases among its Members, and other matters relating
to the business of the Board.
Such Orders or Rules, as may be so adopted by the Board, shall
continue in force until repealed, amended or modified/altered by it
SECTION 2. Assignment of Cases. — All cases brought
to or filed with the Board shall be raffled among the Members thereof
for hearing and/or decision, in accordance with the orders and/or
internal rules that the Board may adopt.
All motions, pleadings and other matters filed after the case
has already been assigned to a Member of the Board, shall immediately
be referred to the said Member for appropriate action thereon and
consolidation with the records file thereof
SECTION 3. 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 administrative and adjudicatory functions.
A majority of the actual Members of the Board shall constitute
a quorum for its session en banc.
The affirmative votes of the majority of the Members shall be
necessary to promulgate policies and rules of the Board
SECTION 4. Presiding Officer. — The Secretary of the
Department of Agrarian Reform, or in his absence, the designated Vice-
Chair of the Board, shall act as the Chair and shall preside over its
deliberations
SECTION 5. Hearing and Pronouncement of a
Decision/Resolution/Final Order. — The participation of the Members
of the Board in the deliberation, and the concurrence and signature of
a majority of its Members, shall be required for the pronouncement of a
decision/resolution/final order determining the merits of a case on
appeal before it.
However, the concurrence of only two (2) members shall be
necessary in the issuance of interlocutory orders.
Rule 22 - The Board Secretariat
SECTION 1. The Board Secretariat. — There shall be a
Board Secretariat, which shall be headed by the Executive Director who
shall, among others, serve and function as the Clerk of the Board
SECTION 2. Filing of Pleadings and Documents. —
Pleadings, documents, and all other matters brought to the Board
- shall be filed with the Secretariat,
- which shall keep a complete file thereof and be responsible
therefor.
In cases where the matter, question or controversy brought
before the Board is raffled to a Member thereof, the original records
shall be referred to such member, with a complete copy of the records
kept on file with the Secretariat.
Thereafter, all pleadings, documents and papers related
thereto shall be filed with the Secretariat, which shall forward the same
to the Member concerned, with copies furnished the Secretariat.
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. 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 5. Calendar, General Docket, and Other
Books of the Board. — 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.
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. The Secretariat shall keep a compilation of copies of all
resolutions, orders and decisions issued by the Board in the order of
their dates of promulgation.
SECTION 6. Releasing of Communications, Issuances
and Other Matters. — All communications and/or issuances pertaining
to the Board and other matters before the Board shall be released only
thru the Secretariat which shall keep a record and/or file a copy thereof
and be responsible therefor.
SECTION 7. Issuance of Certified True Copies. — Upon
proper written request, the Secretariat shall issue to any party 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 limitations imposed in Section 4
hereof.
Rule 23 - Other Fees, Charges and Costs
SECTION 1. Payment of Fees. — Upon the filing of the
pleading or other application which initiates an action or proceeding,
the fees prescribed therefor shall be paid in full.
SECTION 2. Filing Fees. — A filing fee of One Php 1,100
Thousand (P1,000.00) Pesos plus a legal research fee of One Hundred
(100.00) Pesos shall be charged for any petition or complaint filed with
the Adjudicator, 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, Seven (P7.00) Pesos per page;
b. For every certificate not on process, Ten (P10.00) Pesos per
page;
c. For every search of any record of more than one year outstanding
and reading the same, Fifteen (P15.00) Pesos
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 action thereon until they are paid except as otherwise provided
herein. For this purpose, the Department of Agrarian Reform (DAR)
Cashier or its counterpart offices shall segregate all fees collected from
its general fund and shall also maintain a separate Book of Account, for
all transactions covered hereunder.
SECTION 5. Sheriffs, and Other Persons Serving
Processes. —
a. For serving summons and copy of complaint, One Hundred
Pesos (PhP100.00) for each defendant;
b. For serving subpoenas, Eighty Pesos (PhP80.00) for each
witness to be served;
c. For serving a temporary restraining order, or writ of
injunction, preliminary or final, Two Hundred Pesos (PhP200.00);
d. For filing bonds or other instruments of indemnity or security
in provisional remedies, Eighty Pesos (PhP80.00) for each bond or
instrument;
e. For executing a writ or process to place a party in possession of
real estate, Four Hundred Pesos (PhP400.00);
f. For advertising sale, excluding the cost of publication, Two
Hundred Pesos (PhP200.00) Pesos;
g. For taking inventory of goods levied upon when the inventory is
ordered by the Board or its Adjudicator, Four Hundred Pesos
(PhP400.00) per day of actual inventory work;
h. For levying on execution per personal or real property, Two
Hundred Pesos (PhP200.00);
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 (PhP4,000.00), four
per centum (4%); and
2. On all sums in excess of Four Thousand Pesos
(PhP4,000.00), 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-officio Sheriff, who shall disburse the same to
the Sheriff assigned to effect 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 cost against
the losing party.
SECTION 6. Stenographers. — Stenographers shall
give certified transcripts of notes taken by them to any party requesting
for the same upon due payment of Seven Pesos (PhP7.00) for each page
of not less than two hundred fifty (250) words.
SECTION 7. Costs. — Cost may be allowed to the
prevailing party 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 8. Costs in Actions or Proceedings. — In any
action or proceedings 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, Three Hundred Pesos (PhP300.00);
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 Board or Adjudicator in an action
may also be adjudged against the defeated party, or apportioned as
justice requires
 SECTION 9. 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 10. 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 11. 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 and/or
without just excuse
SECTION 12. Government is 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
Rule 24 - Miscellaneous Provisions
SECTION 1. Transitory Provisions. — These Rules
shall govern all cases filed on or after its effectivity.
All cases pending with the Board and the Adjudicators, prior
to the date of effectivity of these Rules, shall be governed by the DARAB
Rules prevailing at the time of their filing.
Provided that all cases or proceedings involving the
cancellation of EPs, CLOAs and other titles issued under any agrarian
reform program which are registered with the Registry of Deeds and
which remain pending before the Board or Adjudicator, as of June 30,
2009,
shall be referred to the Secretary of the DAR within thirty (30)
days immediately upon the effectivity of these Rules, unless those cases
deemed submitted for resolution, in accordance with Sec. 9, R.A. No.
9700.
Provided, further, that all previously acquired lands wherein
valuation is subject to challenge by landowners' shall be completed and
finally resolved pursuant to Section 17 of R.A. No. 6657, as amended by
R.A. No. 9700.
SECTION 2. Separability 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 2003 DARAB
Rules and all DAR Administrative Orders, Circulars and DAR
Adjudication Board Resolutions promulgated and issued prior to the
effectivity of these Rules that are inconsistent herewith are hereby
repealed and/or modified accordingly
SECTION 4. Effectivity Clause. — These Rules shall
take effect immediately after its publication in at least two (2)
newspapers of general circulation.
Done this September 1, 2009 at Diliman, Quezon City,
Philippines.