2003 DARAB Rules of Procedure
2003 DARAB Rules of Procedure
(DARAB)
TABLE OF CONTENTS
RULE I
GENERAL PROVISIONS
Section 1. Title
Section 2. Construction
Section 3. Technical Rules Not Applicable
Section 4. Official Seal
RULE II
JURISDICTION OF THE BOARD AND ITS ADJUDICATORS
Section 1. Primary and Exclusive Original Jurisdiction
Section 2. Appellate Jurisdiction of the Board
Section 3. Agrarian Law Implementation Cases
Section 4. Role of the RARAD
Section 5. Referral to Office of the Secretary (OSEC)
Section 6. Powers
RULE III
MEDIATION OR CONCILIATION AT BARANGAY LEVEL
Section 1. BARC Certification
Section 2. Referral to BARC
Section 3. Report of Settlement at BARC to Adjudicator
Section 4. Land or Parties in Two (2) Barangays
Section 5. Certification of Non-Settlement
Section 6. Special Rules on Mediation and Conciliation
RULE IV
COMMENCEMENT OF ACTION, VENUE, AND CAUSE OF ACTION
Section 1. Complaint or Petition
Section 2. Certification and Verification on Related Cases
Section 3. Amendment of Complaint or Petition
Section 4. Venue
Section 5. One Suit for a Single Cause of Action
Section 6. Splitting a Single Cause of Action
Section 7. Joinder of Causes of Action
RULE V
PARTIES AND CAPTION
Section 1. Parties in Interest
Section 2. Pauper Litigant
Section 3. Association or Corporations as Plaintiffs or Defendants
Section 4. Alternative Defendants
Section 5. Unknown Identity or Name of Defendants
Section 6. Entity Without Judicial Personality as Defendants
RULE VI
SERVICE OF PLEADINGS
Section 1. Service of Pleadings, Notices, and Resolution
Section 2. Service Upon Association
Section 3. Service Upon Private, Domestic, Corporation or Partnership
Section 4. Service Upon Public Corporation
Section 5. Return of Service
Section 6. roof and Completeness of Service
Section 10. ubstituted Service
RULE VII
SUMMONS, ANSWER, AND SUBMISSION OF EVIDENCE
Section 1. Issuance of Summons, Time to Answer and Submission of
Evidence
Section 2. By Whom Served
Section 3. Answer Required
Section 4. Time to Answer Non-Extendible
Section 5. Amendment of Answer
Section 6. Answer to Amended Complaint or Petition
Section 7. No Default Upon Failure to Answer
Section 8. Order Upon Receipt of Answer or Lapse of Reglementary
Period
Section 9. Affidavits
Section 10. Reply
RULE VIII
APPEARANCES
Section 1. Appearance
Section 2. Manner of Appearance
Section 3. Assignment of DAR Lawyer or Legal Officer
Section 4. Authority to Bind Party
RULE IX
PRELIMINARY CONFERENCE
Section 1. When Conducted
Section 2. Nature and Purpose
Section 3. Notice of Preliminary Conference
Section 4. Appearance of Parties
Section 5. Effect of Failure to Appear
Section 6. Proceedings during the Preliminary Conference
Section 7. Record of Preliminary Conference
RULE X
PROCEEDINGS BEFORE THE ADJUDICATORS AND THE BOARD
Section 1. Nature of Proceedings
Section 2. Role of the Adjudicator in the Proceedings
Section 3. Orders or Resolutions During the Hearing of the Case
Section 4. Hearing
Section 5. Verified Position Paper
Section 6. Record of Proceedings
Section 7. Doubts to Be Resolved in Favor of the Beneficiary
Section 8. Settlement
Section 9. Period to Render Decision
Section 10. Award and Damages
Section 11. Finality of Judgment
Section 12. Motion for Reconsideration
RULE XI
MOTIONS IN GENERAL
Section 1. Motion Defined
Section 2. Form
Section 3. Contents
Section 4. Notice
Section 5. Proof of Service
Section 6. Expeditious Resolution of Motions
Section 7. Non-allowable Motions
RULE XII
INTERVENTION
Section 1. Who May Intervene
Section 2. Time to Intervene
Section 3. Answer-in-Intervention
RULE XIII
DECISIONS/RESOLUTIONS/FINAL ORDERS
Section 1. Decisions/Resolutions/Final Orders
Section 2. Promulgation
Section 3. Notice of Decisions/Resolutions/Final Orders
Section 4. Entry of Decisions/Resolutions/Final Orders
RULE XIV
APPEALS
Section 1. Appeal to the Board
Section 2. Grounds
Section 3. Notice of Appeal
Section 4. Perfection of Appeal
Section 5. Motions After Filing of Notice of Appeal
Section 6. Transmittal of Appeal and Records
Section 7. Docketing of Case
Section 8. Caption
Section 9. Appeal Memorandum
Section 10. Frivolous or Dilatory Appeal
Section 11. Withdrawal of Appeal
Section 12. When Appeal is Submitted for Decision
Section 13. Period to Decide Appeal
Section 14. Finality of Decisions/Resolutions
RULE XV
JUDICIAL REVIEW
Section 1. Certiorari to the Court of Appeals
Section 2. Findings of Fact: Final and Conclusive
Section 3. No Restraining Order or Preliminary Injunction
RULE XVI
RELIEF FROM DECISION/RESOLUTION/FINAL ORDER
Section 1. Petition for Relief from Decision/Resolution/Final Order
Section 2. Form and Time of Filing of Petition
Section 3. Answer
Section 4. Procedure
RULE XVII
PRELIMINARY INJUNCTION/SUPERVISION OF HARVEST
Section 1. Preliminary, When Granted
Section 2. No Injunction to Restrain Tilling or Harvesting
Section 3. Temporary Restraining Order
Section 4. Supervision of Harvest
RULE XVIII
DIRECT AND INDIRECT CONTEMPT
Section 1. Direct Contempt
Section 2. Indirect Contempt
Section 3. Appeal from Indirect Contempt
RULE XIX
PRELIMINARY DETERMINATION OF JUST COMPENSATION
Section 1. Principal Role of Adjudicator
Section 2. By Whom Conducted
Section 3. Order for Submission of Evidence, Position Papers and
Notice of Hearing
Section 4. Failure to Comply with Above Order
Section 5. Appeal
Section 6. When Resolution Deemed Final
Section 7. Filing of Original Action with the Special Agrarian Court for
Final Determination
Section 8. Notice of Resolution
Section 9. Return of Claim Folder
Section 10. Compensation
RULE XX
EXECUTION
Section 1. Execution Upon Final or Decision
Section 2. Execution Pending Appeal
Section 3. Execution When Issued; Exception
Section 4. Execution by Motion or by Independent Action
Section 5. Execution In Case of Death of Party
Section 6. Issuance, Form, and Contents of a Writ of Execution
Section 7. Judgment for Specified Acts Vesting Title
Section 8. Return of Writ of Execution
Section 9. Property Exempt from Execution
Section 10. How Execution for the Delivery or Restitution or Property
Enforced
Section 11. Removal of Improvements on Property Subject of
Execution
Section 12. Effect of Judgment or Final Order
RULE XXI
BOARD REGULATIONS
Section 1. Internal Business
Section 2. Assignment of Cases
Section 3. En Banc Meeting
Section 4. Presiding Officer
Section 5. Hearing and Pronouncement of a Decision/Resolution/Final
Order
RULE XXII
THE BOARD SECRETARIAT
Section 1. The Board Secretariat
Section 2. Filing of Pleadings and Documents
Section 3. Custody of the Seal and Books of the Board
Section 4. Access to the Board Records
Section 5. Calendar, General Docket, and Other Books of the Board
Section 6. Releasing of Communication, Issuances and Other Matters
Section 7. Issuance of Certified True Copies
RULE XXIII
OTHER FEES, CHARGES AND COSTS
Section 1. Payment of Fees
Section 2. Filing Fees
Section 3. Legal Fees
Section 4. Where Fees to be Paid
Section 5. Sheriffs, and Other Persons Serving Processes
Section 6. Stenographers
Section 7. Witness Fees
Section 8. Costs
Section 9. Costs in Actions or Proceedings
Section 10. Dismissal of Action or Appeal
Section 11. Attorney's Fees as Costs
Section 12. Costs When Witness Fails to Appear
Section 13. Government is Exempt
RULE XXIV
MISCELLANEOUS PROVISIONS
Section 1. Transitory Provisions
Section 2. Separability of Provisions
Section 3. Repealing Clause
Section 4. Effectivity
THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD
(DARAB)
2003 RULES OF PROCEDURE
RULE I
General Provisions
All references in these Rules to the Members of the Board or the Adjudicators in
the masculine (he, him, or his) shall be construed to also mean the feminine
form (she, her, or hers).
SECTION 3. Technical Rules Not Applicable. — The Board and its Regional and
Provincial Adjudicators shall not be bound by technical rules of procedure and
evidence and shall proceed to hear and decide all agrarian cases, disputes, or
controversies in a most expeditious manner, employing all reasonable means to
ascertain the facts of every case in accordance with justice and equity.
aHCSTD
RULE II
Jurisdiction of the Board and its Adjudicators
1.4 Those cases involving the ejectment and dispossession of tenants and/or
leaseholders;
1.5 Those cases involving the sale, alienation, pre-emption, and redemption
of agricultural lands under the coverage of the CARLor other agrarian laws;
1.9 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;
1.10 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;
1.12 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;
3.8 Exclusion from CARP coverage of agricultural land used for livestock,
swine, and poultry raising;
3.9 Cases of exemption/exclusion of fish pond and prawn farms from the
coverage of CARP pursuant to RA 7881;
4.1 Exercise direct supervision over the PARAD which shall include, among
others, the monitoring of cases in his Region;
4.2 Receive, hear, and adjudicate agrarian disputes and land cases within
the Region;
4.2.2 Those matters of such complexity and sensitivity that the decision thereof
would constitute an important precedent affecting regional interest as may be
determined by the Board; and
The prejudicial issue must be determinative of the case before the Board or the
Adjudicator but the jurisdiction to try and resolve the question is lodged with the
Office of the Secretary.
SECTION 6. Powers. — The Members of the Board and the Adjudicators are
empowered to summon witnesses, administer oaths, take testimony, require
submission of reports, compel production of books and documents and answers
to interrogatories, and to issue subpoena duces tecum, writs of possession, writs
of execution, and other writs to enforce its orders and decisions through their
Sheriffs or duly deputized officers.
For this purpose, whenever necessary, they shall direct the Philippine National
Police, the Armed Forces of the Philippines or any of their component units, or
other law enforcement agencies to assist in the enforcement and execution of
their decisions, orders, writs, and other processes.
RULE III
Mediation or Conciliation at Barangay Level
SECTION 1. BARC Certification. — The Board or its Adjudicators shall not take
cognizance of any agrarian case, dispute, or controversy, unless a certification
from the Barangay Agrarian Reform Committee (BARC) of the barangay where
the land involved is located is presented, to the effect that the dispute has been
submitted to it for mediation or conciliation without any success or settlement,
except that the said certification is not necessary in the following cases:
1.2 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);
1.3 where the Secretary of the DAR directly refers the matter to the Board or
Adjudicator; or
1.4 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.
SECTION 2. Referral to BARC. — If the filing of the complaint or petition is not
accompanied by the required BARC Certification the same shall be referred to the
BARC or DAR Technologist of the barangay where the land is located, as stated
in the complaint, through the MARO of the area, directing:
SECTION 4. Land or Parties in Two (2) Barangays. — Where the land in dispute
straddles two or more barangays or the parties involved reside in different
barangays, the BARC of the barangay where the larger portion of the property
lies, shall have the authority to conduct mediation or conciliation proceedings
under these Rules, unless for convenience and accessibility and upon agreement
of the parties such proceedings should be held in another barangay within the
Municipality or adjacent Municipality where the land in dispute is located.
RULE IV
Commencement of Action, Venue, and Cause of Action
Upon the filing of the complaint or petition, the hour, day, month, and year when
it was filed shall be stamped thereon.
It shall state the area of the land involved and the Barangay where the land is
located, or if the land is located in two (2) or more barangays, the barangay
where the larger portion of the land is located.
It shall also state the name and residence of the complainant or petitioner and
that of the defendant or respondent, the facts constituting the cause of action,
and the relief being sought.
Two (2) copies of the complaint or petition, and its annexes or attachments, and
as many copies required to be served upon each of the defendants or
respondents, shall be filed.
2.1 The complainant or petitioner shall certify under oath, in the complaint
or in a sworn certification annexed thereto and simultaneously filed therewith,
that:
2.1.1 he has not commenced any other action or filed any claim involving the
same land or issue in any court, tribunal or quasi-judicial agency;
2.1.2 to the best of his knowledge, no such other action or claim is pending
therein;
2.2. 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.
2.3. 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 grounds for summary dismissal. Dismissal for failure
to file certification and verification shall be without prejudice to re-filing.
After the responsive pleadings have been served, amendments may be allowed
only upon motion filed with the Adjudicator, together with the amended petition
or complaint sought to be admitted, appropriately indicating such amendments
thereto and furnishing copies thereof to the adverse party.
SECTION 4. Venue.
4.1 All actions shall be brought before the Adjudicator of the province where
the land involved is located;
4.2 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;
4.3 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.
RULE V
Parties and Caption
The heirs of the deceased may be allowed to substitute the deceased without
requiring the appointment of an executor or administrator.
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.
In the answer of such defendant, the names and addresses of the persons
composing said entity must all be revealed.
RULE VI
Service of Pleadings
1.1 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
RULE VII
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.
The summons and all other notices to be issued by the Adjudicator shall be
written in English and in Filipino.
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.
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.
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. — When the defendant or
respondent fails to file an answer, no declaration 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.
The Order shall likewise contain a warning that failure to submit affidavits upon
the termination of the initial preliminary conference shall mean that no additional
affidavits may be filed by the parties.
However, even after the initial preliminary conference has been terminated,
affidavits may still be filed by the parties in cases where a party desires to
present additional witnesses, with leave of the Adjudicator.
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. HAICTD
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 VIII
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:
1.3 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.
Provided, that when there are two or more representatives for any individual
or group, such individual or group should choose only one representative.
RULE IX
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.
2.2 may resolve and dispose of preliminary incidents related to the case; and
2.3 take up other matters as may simplify and aid in the prompt disposition
of the case.
However, 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 set a second preliminary conference which shall be held within
fifteen (15) days after the issuance of the Order setting that date. Upon
termination of the initial preliminary conference, the parties and their counsels
shall be advised to evaluate the affidavits submitted and to be ready to manifest
during the second preliminary conference the names of the affiants they wish to
be subjected to clarificatory questioning and the names of persons they wish to
be summoned to appear.
7.1.2 whether there is a need to issue the appropriate subpoena upon any
witness who refuses to execute an affidavit; and
7.1.3 the dates of subsequent hearings for the purpose of examining the
witnesses.
Considering the summary nature of the proceedings, the Adjudicator, during the
second preliminary conference, shall set the number and dates for hearing taking
into account the factual issues which are controverted after an evaluation of the
affidavits and evaluation of the purpose for which witnesses are summoned to
appear.
In the event that a witness refuses to execute an affidavit, the party presenting
such witness shall, during the second preliminary conference, file a motion for
the issuance of the appropriate subpoena directing the person to appear during
the hearing.
SECTION 8. 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 X
Proceedings Before the Adjudicators
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 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.
At the hearing, the affidavits submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same. Witnesses who testified
may be subjected to clarificatory questioning provided that a witness summoned
to appear in accordance with Section 7, Rule IX hereof may be subjected to such
clarificatory questioning even without submitting his affidavit.
Upon the admission of the documentary and testimonial evidence of the parties,
and the filing of the parties' respective verified position papers as provided for in
this Rule, the case or incident shall be deemed submitted for decision or
resolution.
If after the verified position papers have been filed, there appears a need to
conduct a clarificatory hearing, the Adjudicator may proceed to conduct the
same.
Upon filing of the verified position papers by both parties, or after the
clarificatory hearing shall have been concluded by the Adjudicator, as the case
may be, the case shall be deemed submitted for decision or resolution.
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.
The settlement shall be approved after the Adjudicator or the Board 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 9. 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 10. 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 12. Motion for Reconsideration. — Within fifteen (15) days from receipt
of notice of the order, resolution, or decision of the Board or Adjudicator, a party
may move for reconsideration of such order, resolution, or decision on the
grounds that:
12.1 the findings of fact in the said decision, order, or resolution are not
supported by substantial evidence; or
12.2 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 the remaining
period within which to perfect his appeal. Said period shall not be less than five
(5) days in any event, reckoned from the receipt of the notice of denial.
RULE XI
Motions in General
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.
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.
7.2 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;
RULE XII
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.
RULE XIII
Decisions/Resolutions/Final Orders
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.
RULE XIV
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 in accordance with Section 12, Rule IX by:
1.1 filing a Notice of Appeal with the Adjudicator who rendered the decision
or final order appealed from;
1.2 furnishing copies of said Notice of Appeal to all parties and the Board;
and
1.3 paying an appeal fee of Seven Hundred Pesos (PhP700.00) 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
Adjudicator a 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;
2.1 That 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
2.2 That the order, resolution or decision was obtained through fraud or
coercion.
3.1 be filed with the Adjudicator concerned in three (3) legible copies with
proof of service to the affected parties and the Board, and payment of appeal fee
unless appellant is a pauper litigant as provided for in Rule V hereof;
A pauper litigant's appeal is deemed perfected upon the filing of the Notice of
Appeal in accordance with said Section 1 of this Rule.
SECTION 5. Motions After Filing of Notice of Appeal. — Any motion, after the
filing of the Notice of 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 and proof of payment of appeal
fee. A copy of the motion shall be furnished to the Adjudicator and the opposing
parties.
The Board may act on the motion regardless of whether or not the case records
have been elevated or transmitted to it.
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.
If the records of the case are not received by the Board Secretariat within thirty
(30) days from receipt of a copy of the notice of appeal by the Board in
accordance with this Rule, the Board, motu proprio or upon motion of the
appellant, shall issue an order for the transmittal of such records.
SECTION 7. Docketing of Cases. — Upon the receipt of the records of the case
on appeal together with proof of payment of the appeal fee, 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. Appeal Memorandum. — Within five (5) days from receipt of notice
of appeal, the Adjudicator shall issue an order either:
9.1 Stating that the appeal was not perfected in accordance with the rules;
or
9.2 stating that the appeal had been perfected and therefore the appellant is
required to file an appeal memorandum with the Board within ten (10) days from
receipt of such order, furnishing a copy thereof to the appellee and his counsel
who may reply thereto if he so desires, within the same period of time from
receipt of copy thereof.
At the option of the parties, they may also file a draft decision with the Board
together with a copy thereof stored or saved in a diskette in a word-processing
format which is generally acceptable.
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 appeal memorandum has been filed within the
reglementary period, the Board may proceed to render judgment thereon based
on the records of the case.
SECTION 12. 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 13. 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.
Only one motion for reconsideration by either party shall be allowed and
entertained.
RULE XV
Judicial Review
RULE XVI
Relief from Decision/Resolution/Final Order
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.
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 XVII
Preliminary Injunction/Supervision of Harvest
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.
In case where one or more persons claim rights adverse to the tiller on the
landholding in question, any order for supervision of the harvest shall provide at
least twenty-five (25% ) percent of the net harvest for the actual tiller. AICEDc
RULE XVIII
Direct and Indirect Contempt
RULE XIX
Preliminary Determination of Just Compensation
2.1 by the PARAD when the initial land valuation of the Land Bank of the
Philippines (LBP) does not exceed Five Million Pesos (PhP5,000,000.00); and
2.2 by the RARAD when the said valuation exceeds Five Million Pesos
(PhP5,000,000.00).
The aforesaid amounts are subject to amendment by the Secretary of the DAR
through administrative issuances.
3.1 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
3.2 notifying said parties of the date set for hearing on the matter.
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.
The Adjudicator, upon receipt of the Notice of Appeal, shall transmit said notice
and the records of the case to the Board within fifteen (15) days from receipt of
such notice.
Upon receipt of the Notice of Appeal and the records of the case transmitted by
the Adjudicator, the Board may order the parties to submit their respective
memoranda. The petition shall be resolved by the Board within thirty (30) days,
as much as possible, from receipt of the memoranda or from the lapse of the
period within which to file the same.
SECTION 7. Filing of Original Action with the Special Agrarian Court for Final
Determination. — The party who disagrees with the decision of the Board 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's decision.
Immediately upon filing with the SAC, the party shall file a Notice of Filing of
Original Action with the Board, 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 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.
SECTION 10. 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, 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.
RULE XX
Execution
The Board or Adjudicator concerned may, upon certification by the proper officer
that a resolution, order or decision has been served to the counsel or
representative on record and to the party himself, and has become final and
executory, and, upon motion or motu 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.
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.
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:
5.1 In case of the death of the judgment obligee, upon application of his
executor or administrator, or successor in interest;
5.2 In case of the death of the judgment obligor, against his executor or
administrator or successor in interest;
5.3 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.
9.1 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;
9.4 his necessary clothing and articles for ordinary personal use, excluding
jewelry;
9.5 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);
9.6 provisions for individual or family use sufficient for four months;
9.8 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;
9.9 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;
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. TAECaD
12.2 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
12.3 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 XXI
Board Regulations
Such Orders or Rules, as may be so adopted by the Board, shall continue in force
until repealed, amended or modified/altered by it.
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 filed
thereof.
A majority of the actual Members of the Board shall constitute a quorum for its
sessions en banc.
However, the concurrence of only two (2) members shall be necessary in the
issuance of interlocutory orders.
RULE XXII
The Board Secretariat
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.
RULE XXIII
Other Fees, Charges and Costs
SECTION 2. Filing Fees. — A filing fee of Seven Hundred Fifty (P750.00) Pesos
plus a legal research fee of Twenty Pesos (PhP20.00) shall be charged for any
petition or complaint filed with the Adjudicator or the Board, as an original
action.
The pauper litigant as stated in Section 2 of Rule V of these Rules is exempt from
the payment of the herein filing fees.
SECTION 3. Legal Fees. — The following legal fees shall be charged and
collected.
3.2 For every certificate not on process, Ten (P10.00) Pesos per page;
3.3 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.
5.1 For serving summons and copy of complaint, Thirty Pesos (PhP30.00) for
each defendant;
5.2 For serving subpoenas, Twenty-Four Pesos (PhP24.00) for each witness
to be served;
5.6 For advertising sale, excluding the cost of publication, Sixty Pesos
(PhP60.00) Pesos;
5.7 For taking inventory of goods levied upon when the inventory is ordered
by the Board or its Adjudicator, One Hundred Twenty Pesos (PhP120.00) per day
of actual inventory work;
5.8 For levying on execution per personal or real property, Sixty Pesos
(PhP60.00);
5.9.1 On the first Four Thousand Pesos (PhP4,000.00), four per centum
(4%); and
5.9.2 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.
A witness shall be allowed such compensation for his attendance in more than
one case or more than one side of the same case at the same time, but may
elect in which of the several cases or on which side of the case, if the witness is
summoned by both sides, to claim his attendance. A person who is compelled by
the board to attend its hearings shall be paid as a witness.
SECTION 8. 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.
9.1 For his own attendance and that of his attorney, down to and including
final judgment, One Hundred Twenty Pesos (PhP120.00);
9.2 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;
9.4 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 12. Costs When Witness Fails to Appear. — If a witness fails to appear
at the time and place specified in the subpoena issued by the Board or the
Adjudicator, the costs for the arrest of the witness shall be paid by the witness if
the Board or Adjudicator shall determine that his failure to answer the subpoena
was willful and/or without just excuse.
RULE XXIV
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.
SECTION 2. Separability of Provisions. — If, for any reason, any portion or
provision of these Rules is declared unconstitutional or invalid by the Supreme
Court, no other provision of these Rules shall be affected thereby.
SECTION 3. Repealing Clause. — The Revised DARAB Rules of 1994 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. — These Rules shall take effect fifteen (15) days from
their publication in two (2) newspapers of general circulation.
Done and adopted on this January 17, 2003 at Diliman, Quezon City, Metro
Manila, Philippines.