Other Highlights of the 2003 DARAB
Rules of Procedure
Appearances of Non-Lawyers before the DARAB
A non-lawyer may appear before the Board or any of its Adjudicators, if:
- He represents himself as a party to the case;
- 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 Chief Executive Officer of the organization;
- 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.
- He is a DAR employee 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 employee 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.
(Rule VIII of 2003 DARAB Rules of Procedure)
General Nature of Cases Cognizable by the DARAB
The adjudicator shall have primary and exclusive original jurisdiction to determine and adjudicate the following cases:
- The rights and obligations of persons, whether natural or juridical, engaged in the management, cultivation, and use of all agricultural lands covered by Republic Act (RA) No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), and other related agrarian laws;
- The preliminary administrative determination of reasonable and just compensation of lands acquired under Presidential Decree (PD) No. 27 and the Comprehensive Agrarian Reform Program (CARP);
- The annulment or cancellation of lease contracts or deeds of sale or their amendments involving lands under the administration and disposition of the DAR or Land Bank of the Philippines (LBP);
- Those cases involving the ejectment and dispossession of tenants and/or leaseholders;
- Those cases involving the sale, alienation, pre-emption, and redemption of agricultural lands under the coverage of the CARL or other agrarian laws;
- Those involving the correction, partition, cancellation, secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs) and Emancipation Patents (EPs) which are registered with the Land Registration Authority;
- Those cases involving the review of leasehold rentals;
- Those cases involving the collection of amortizations on payments for lands awarded under PD No. 27, as amended, RA No. 3844, as amended, and RA No. 6657, as amended, and other related laws, decrees, orders, instructions, rules and regulations, as well as payment for residential, commercial, and industrial lots within the settlement and resettlement areas under the administration and disposition of the DAR;
- Those cases involving the annulment or rescission of lease contracts and deeds of sale, and the cancellation or amendment of titles pertaining to agricultural lands under the administration and disposition of the DAR and LBP; as well as EPs issued under PD 266, Homestead Patents, Free Patents, and miscellaneous sales patents to settlers in settlement and re-settlement areas under the administration and disposition of the DAR;
- Those cases involving boundary disputes over lands under the administration and disposition of the DAR and the LBP, which are transferred, distributed, and/or sold to tenant-beneficiaries and are covered by deeds of sale, patents, and certificates of title;
- Those cases involving the determination of title to agricultural lands where this issue is raised in an agrarian dispute by any of the parties or a third person in connection with the possession thereof for the purpose of preserving the tenure of the agricultural lessee or actual tenant-farmer or farmer-beneficiaries and effecting the ouster of the interloper or intruder in one and the same proceeding; and
- Those cases previously falling under the original and exclusive 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 such other agrarian cases, disputes, matters or concerns referred to it by the Secretary of the DAR.
(Rule II of 2003 DARAB Rules of Procedure)
Judicial Review
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.
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.
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 No. 6657.
(Rule XV of 2003 Rules of Procedure)
Nature of Proceedings Before the Adjudicators
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.
(Rule X of 2003 DARAB Rules of Procedure)
Requirement of BARC Certification/Mediation or Conciliation at Barangay Level
The Board or its Adjudicators shall not take cognizance of any agrarian case, dispute, or controversy, unless a certification from the Barangay Agrarian Reform Committee (BARC) of the barangay where the land involved is located is presented, to the effect that the dispute has been submitted to it for mediation or conciliation without any success or settlement, except that the said certification is not necessary in the following cases:
- Preliminary determination of just compensation for land acquisition;
- Where the issue pertains to whether or not the parcel of land shall be the subject of coverage under the Comprehensive Agrarian Reform Program (CARP);
- Where the Secretary of the DAR directly refers the matter to the Board or Adjudicator; or
- Upon certification of the Municipal Agrarian Reform Officer (MARO) and the DAR Technologist of the non-existence of the BARC or the inability of the BARC to convene.
(Rule III of 2003 DARAB Rules of Procedure)