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Section 52. Frivolous Appeals. — To discourage frivolous or dilatory appeals from
AGRARIAN JUSTICE OR THE RESOLUTIO N OF AGRARIAN DISPUTES:
Quasi-Judicial Power of DAR (Agrarian Justice) – the mechanisms to determine the
status of the land, entitlements of beneficiaries, and other agrarian matters and
disputes which may require mediation, conciliation, determination or adjudication. This
topic includes actions by the DAR, the DAR Adjudication Board and the RTC acting as
Special Agrarian Court.
Section 50. Quasi-Judicial Powers of the DAR. — The DAR is hereby vested with
the primary jurisdiction to determine and adjudicate agrarian reform matters and shall
have exclusive original jurisdiction over all matters involving the implementation of
agrarian reform except those falling under the exclusive jurisdiction of the Department
of Agriculture (DA) and the Department of Environment and Natural Resources
(DENR).
It shall not be bound by technical rules of procedure and evidence but shall proceed to
hear and decide all 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 and the merits of the case. Toward this end, it shall adopt a
uniform rule of procedure to achieve a just, expeditious and inexpensive determination
for every action or proceeding before it.
It shall have the power to summon witnesses, administer oaths, take testimony,
require submission of reports, compel the production of books and documents and
answers to interrogatories and issue subpoena, and subpoena duces tecum, and
enforce its writs through sheriffs or other duly deputized officers.t shall likewise have
the power to punish direct and indirect contempts in the same manner and subject to
the same penalties as provided in the Rules of Court.
Responsible farmer leaders shall be allowed to represent themselves, their fellow
farmers, or their organizations in any proceedings before the DAR: provided, however,
that when there are two or more representatives for any individual or group, the
representatives should choose only one among themselves to represent such party or
group before any DAR proceedings.
Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be
immediately executory.
Section 51. Finality of Determination. — Any case or controversy before it shall be
decided within thirty (30) days after it is submitted for resolution. Only one (1) motion
for reconsideration shall be allowed. Any order, ruling or decision shall be final after
the lapse of fifteen (15) days from receipt of a copy thereof.
KIMBERLY BUTAO ATTY. OUANO
the decisions or orders on the local or provincial levels, the DAR may impose
reasonable penalties, including but not limited to fines or censures upon erring parties.
Section 53. Certification of the BARC. — The DAR shall not take cognizance of any
agrarian dispute or controversy unless a certification from the BARC that the dispute
has been submitted to it for mediation and conciliation without any success of
settlement is presented: provided, however, that if no certification is issued by the
BARC within thirty (30) days after a matter or issue is submitted to it for mediation or
conciliation the case or dispute may be brought before the PARC.
Distinction between Cases in the Administrative Implementation of the Program
(ALI) and the Cases for Adjudication:
RULE II
Jurisdiction Over ALI Cases
SECTION 7. General Jurisdiction. The Regional Director shall
exercise primary jurisdiction over all agrarian law implementation cases except
when a separate special rule vests primary jurisdiction in a different DAR office.
SECTION 8. Jurisdiction over protests or petitions to lift
coverage. The Regional Director shall exercise primary jurisdiction over protests
against CARP coverage or petitions to lift notice of coverage. If the ground for the
protest or petition to lift CARP coverage is exemption or exclusion of the subject
land from CARP coverage, the Regional Director shall either resolve the same if
he has jurisdiction, or refer the matter to the Secretary if jurisdiction over the case
belongs to the latter.
SECTION 9. Jurisdiction over land use conversions and
exemptions/exclusions from CARP coverage. Separate special rules governing
applications for land use conversion and exemption/exclusion from CARP
coverage shall delineate the jurisdiction of the recommending and approving
authorities thereunder.
SECTION 10. Appellate Jurisdiction. The Secretary shall exercise
appellate jurisdiction over all ALI cases, and may delegate the resolution of
appeals to any Undersecretary.
SECTION 11. Jurisdiction over Flashpoint cases. Any certification
declaring a case as "flashpoint" in accordance with the criteria and procedure
in DAR Memorandum Circular (MC) No. 13 [1997] shall not divest any authority
from the DAR official for resolving the case. A flashpoint certification merely serves
to accord utmost priority to the resolution of the case subject thereof.
2009 Rules of Procedure of the DARAB:
RULE I
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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 liberally
construed to carry out the objectives of the agrarian reform program and to
promote just, expeditious and inexpensive adjudication and settlement of agrarian
cases, disputes, or controversies.
All references in these Rules to the Members of the Board or the
Adjudicators in the masculine (he, him, or his) shall be construed to also mean the
feminine form (she, her, or hers).
SECTION 3. Technical Rules Not Applicable. — The Board and
its Regional and Provincial Adjudication Offices shall not be bound by technical
rules of procedure and evidence as prescribed in the Rules of Court, but shall
proceed to hear and decide all agrarian cases, disputes or controversies in a most
expeditious manner, employing all reasonable means to ascertain the facts of
every case in accordance with justice and equity. EaDATc
a. If and when a case comes up for adjudication
wherein there is no applicable provision under these rules,
the procedural law and jurisprudence generally applicable to
agrarian disputes shall be applied.
b. The Adjudication Board (Board), and its Regional
Agrarian Reform Adjudicators (RARADs) and Provincial
Agrarian Reform Adjudicators (PARADs) hereinafter referred
to as the Adjudicators, shall have the authority to adopt any
appropriate measure or procedure in any given situation or
matter not covered by these rules. All such special
measures or procedures and the situations to which they
have been applied must be reported to the Board.
c. The provisions of the Rules of Court shall not apply
even in suppletory character unless adopted herein or by
resolution of the Board.
SECTION 4. Doubts to Be Resolved in Favor of the
Beneficiary. — Any reasonable doubt in the interpretation of these rules, as well
as in the interpretation of contracts and stipulations between the contending
parties, shall be resolved in favor of the beneficiary, potential beneficiary, tenant
farmer, farm-worker, agricultural lessee, farmers' cooperative, association or
organization.
SECTION 5. Official Seal. — The Board shall design and adopt
a seal to be imprinted in all its resolutions, orders, decisions, and other documents
as an indication of their official character. The seal of the DARAB shall depict its
official function as the dispenser of agrarian justice. It shall be consistent with the
basic design and symbolism of the Department of Agrarian Reform (DAR) logo.
RULE II
KIMBERLY BUTAO ATTY. OUANO
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Jurisdiction of the Board and the Adjudicators
SECTION 1. Primary and Exclusive Original and Appellate
Jurisdiction. — The Board shall have primary and exclusive jurisdiction, both
original and appellate, to determine and adjudicate all agrarian disputes involving
the implementation of the Comprehensive Agrarian Reform Program (CARP)
under R.A. No. 6657, as amended by R.A. No. 9700, E.O. Nos. 228, 229, and 129-
A, R.A. No. 3844 as amended by R.A. No. 6389, Presidential Decree No. 27 and
other agrarian laws and their Implementing Rules and Regulations. Specifically,
such jurisdiction shall include but not be limited to cases involving the following:
a. The rights and obligations of persons, whether
natural or juridical, engaged in the management, cultivation,
and use of all agricultural lands covered by R.A. No. 6657,
otherwise known as the Comprehensive Agrarian Reform
Law (CARL), as amended, and other related agrarian
laws; ACaDTH
b. 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);
c. Those cases involving the annulment or rescission 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), and the
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;
d. Those cases involving the ejectment and
dispossession of tenants and/or leaseholders;
e. Those cases involving the sale, alienation, pre-
emption, and redemption of agricultural lands under the
coverage of the CARL, as amended or other agrarian laws;
f. Those involving the correction, partition, secondary
and subsequent issuances such as reissuance of
lost/destroyed owner's duplicate copy and reconstitution of
Certificates of Land Ownership Award (CLOAs) and
Emancipation Patents (EPs) which are registered with the
Land Registration Authority;
g. Those cases involving the review of leasehold
rentals and fixing of disturbance compensation;
h. Those cases involving the collection of amortization
payments, foreclosure and similar disputes concerning the
functions of the LBP, and payments for lands awarded under
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PD No. 27, RA No. 3844, as amended, and R.A. No. 6657,
as amended by R.A. No. 9700, 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;
i. 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;
j. 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; 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
shall have exclusive appellate jurisdiction to review, reverse, modify, alter, or affirm
resolutions, orders and decisions of the Adjudicators.
No order of the Adjudicators on any issue, question, matter, or incident
raised before them shall be elevated to the Board until the hearing shall have been
terminated and the case decided on the merits.
SECTION 3. Annulment of Judgment of Adjudicators. —
Annulment of final judgment of Adjudicators shall be initiated by filing a verified
complaint or petition with the Board attaching thereto certified copies of the
assailed decision and alleging therein with particularity the facts and the law relied
upon for said annulment.
The annulment may be based only on grounds of extrinsic fraud and
lack of jurisdiction. If based on extrinsic fraud, the action must be filed within three
(3) years from its discovery; and if based on lack of jurisdiction, before it is barred
by laches orestoppel.
SECTION 4. Referral to Office of the Secretary (OSEC). — In the
event that a case filed before the Adjudicator shall 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, refer the same to the Office of the Secretary or his
authorized representative in the locality.
Prejudicial issue is defined as one that arises in a case the resolution of
which is a logical antecedent of the issue involved therein, and the jurisdiction over
which pertains to the Office of the Secretary.
KIMBERLY BUTAO ATTY. OUANO
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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 5. Role of the RARAD. — The RARAD shall be the
Executive Adjudicator in his Region directly responsible to the Board. As such, he
shall:
a. Exercise administrative supervision over the
PARADs and, in the absence of the PARAD concerned, their
personnel, which shall include, among others, the monitoring
of cases in his Region; SDHAcI
b. Receive, hear, and adjudicate agrarian disputes and
land cases within the Region;
c. He shall also hear the following cases:
1. Those cases that cannot be handled by
the PARAD on account of inhibition,
disqualification or when there is no PARAD
designated in the locality;
2. Those matters of such complexity and
sensitivity that the decision thereof would
constitute an important precedent affecting
regional interest as may be recommended by the
concerned RARAD and approved by the Board;
and
3. Preliminary determination of just
compensation within the jurisdictional limits as
stated in Rule XIX, Sec. 2 hereof; and
4. Hear application for the issuance of a writ
of preliminary injunction and/or temporary
restraining order and such other cases which the
Board may assign.
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
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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: EHSCcT
a. where the issue involves the valuation of land to
determine just compensation for its acquisition;
b. where one party in a public or private corporation,
partnership, association or juridical person, or a public officer
or employee and the dispute relates to the performance of
his official functions;
c. where the Secretary of the DAR directly refers the
matter to the Board or Adjudicator; or
d. upon certification of the Municipal Agrarian Reform
Officer (MARO) or, in his absence, the Senior Agrarian
Reform Program Technologist (SARPT) or Agrarian Reform
Program Technologist (ARPT) 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:
a. The BARC to conduct mediation/conciliation
proceedings, by requiring the parties to submit their
supporting documents and to return the matter to the
Adjudicator with a report of the result of the proceedings,
together with the complete records submitted before it,
within thirty (30) days from receipt of the complaint or
petition; or
b. The SARPT or ARPT in case of non-existence of the
BARC or its inability to convene for that purpose, to refer the
matter back to the Adjudicator within five (5) days from
receipt thereof with a certification of non-existence or
inability of the BARC to convene.
SECTION 3. Report of Settlement at BARC to Adjudicator. — If
the case is referred by the Board or the Adjudicator and the same is settled at the
BARC level, the results thereof shall be contained in a report to be submitted to
the Board or the Adjudicator who referred the matter, within seven (7) days from
the termination of the proceedings before the BARC, which report shall be the
basis for the rendition of judgment/decision of the case before the Board or the
Adjudicator. HSDIaC
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
KIMBERLY BUTAO ATTY. OUANO
4
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.
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 IV
Commencement of Action, Venue, and Cause of Action
SECTION 1. Complaint or Petition. — An action before the
Adjudicator shall be initiated by filing a sworn complaint or verified petition with the
Adjudicator in the Province where the land involved is located.
Upon the filing of the complaint or petition, the hour, day, month, and
year when it was filed shall be stamped thereon.
The complaint shall include the affidavit(s) of witnesses and
documentary evidence, if any. The complaint or petition shall be duly signed by
the complainant or petitioner, or his counsel, or by one who can show a special
power of attorney to represent the complainant or petitioner.
It shall state the 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. CEcaTH
SECTION 2. Certification and Verification on Related Cases. —
a. The complainant or petitioner shall certify under oath,
in the complaint or in a sworn certification annexed thereto
and simultaneously filed therewith, that:
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;
WEEK 9

2. to the best of his knowledge, no such other
action or claim is pending therein;
3. he has no knowledge of any controversy or
proceeding involving the status of said parcel of
land or the rights of person/s over its possession
and entitlement to fruits or as beneficiary, the
determination of which is filed before any tribunal,
court, the DAR or any other agency;
4. should there be any same or similar action
or proceeding involving the property, which is
either pending or may have been terminated, he
shall report such fact within five (5) days from
knowledge thereof to the Adjudicator with whom
the complaint or 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 Complaint or
Petition. — The complaint or petition may be amended, or supplemented at any
time before a responsive pleading is served or, in case of a reply, at any time within
five (5) days after it is served. IcDCaT
After the responsive pleadings have been served, amendments or the
filing of supplemental pleadings may be allowed at any stage of the proceedings
but before rendition of judgment only upon motion filed with the Adjudicator
furnishing copies thereof to the adverse party.
The motion to amend shall indicate the amendment sought to be
admitted. In the case of a supplemental pleading, it shall set forth the transactions,
occurrences or events which have 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
KIMBERLY BUTAO ATTY. OUANO
5
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 V
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. caCTHI
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 agricultural
lessee, share tenant, actual tiller, amortizing owner-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
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.
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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 complainant
or the plaintiff is uncertain against who of several persons 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. cHSTEA
RULE VI
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 3. Service Upon Private Domestic Juridical Entities. —
If the defendant is a corporation, partnership, association or cooperative organized
and registered under Philippine laws with a juridical personality, service may be
made on the president, managing partner, general manager, corporate or board
secretary, treasurer or in-house counsel.
SECTION 4. Service Upon Public Corporation. — When the
respondent is the Republic of the Philippines, service may be effected on the
KIMBERLY BUTAO ATTY. OUANO
6
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. CIDaTc
SECTION 6. Proof of Completeness of Service. — The return
is prima facieproof 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 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.
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. ISDCHA
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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.
The summons and all other notices to be issued by the Adjudicator shall
be written in English or 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.
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. ISDCHA
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.
KIMBERLY BUTAO ATTY. OUANO
7
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.
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. ITESAc
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:
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
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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. SAcCIH
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 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.
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.
KIMBERLY BUTAO ATTY. OUANO
8
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. aTCADc
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
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f. take up other matters as may simplify and aid in the
prompt disposition of the case. TaHDAS
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 X
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.
KIMBERLY BUTAO ATTY. OUANO
9
During the clarificatory hearing, the adjudicator shall have full control of
the proceeding but may allow counsels to propound clarificatory questions to the
witnesses. CDAcIT
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. cEHITA
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.
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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 XI
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 XII
Intervention
KIMBERLY BUTAO ATTY. OUANO
10
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. CHATEa
RULE XIII
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
WEEK 9

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. cECaHA
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 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 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
KIMBERLY BUTAO ATTY. OUANO
11
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; and
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.
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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. aIcDCT
SECTION 11. When Appeal is Submitted for Decision. — The
appeal shall be deemed submitted for decision upon the filing of the last pleading
KIMBERLY BUTAO ATTY. OUANO
12
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 XV
Judicial Review
SECTION 1. Appeal to the Court of Appeals. — Any decision,
order, resolution, award or ruling of the Board on any agrarian dispute or any
matter pertaining to the application, implementation, enforcement, interpretation of
agrarian reform laws or rules and regulations promulgated thereunder, may be
brought on appeal within fifteen (15) days from receipt of a copy thereof, to the
Court of Appeals in accordance with the Rules of Court.
SECTION 2. Findings of Fact; Final and Conclusive. — The
findings of fact of the Board, if based on substantial evidence, shall be final and
conclusive upon the courts pursuant to Section 54, Republic Act No. 6657.
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. ICTHDE
RULE XVI
Relief from Decision/Resolution/Final Order
SECTION 1. Petition for Relief from Decision/Resolution/Final
Order. — When a decision/resolution/final order is rendered by the Adjudicator
against any party, through fraud, accident, mistake and excusable negligence and
such party has no other adequate remedy available to him in the ordinary course
WEEK 9

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 XVII
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. HDacIT
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
KIMBERLY BUTAO ATTY. OUANO
13
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 XVIII
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. IEAacT
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.
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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 XIX
Preliminary Determination of Just Compensation
SECTION 1. Principal Role of Board/Adjudicator. — The
principal role of the Board/Adjudicator in the summary administrative proceedings
for the preliminary determination of just compensation is to determine whether the
Land Bank of the Philippines (LBP) and the Department of Agrarian Reform (DAR)
in their land valuation computations have complied with the administrative orders
and other issuances of the Secretary of the DAR and the LBP.
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.
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:
KIMBERLY BUTAO ATTY. OUANO
14
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. ADETca
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
counsels.
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.
WEEK 9

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. CDESIA
RULE XX
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
KIMBERLY BUTAO ATTY. OUANO
15
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; CTcSIA
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
WEEK 9

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. TSacID
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
KIMBERLY BUTAO ATTY. OUANO
16
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. SDIACc
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 XXI
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.
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Such Orders or Rules, as may be so adopted by the Board, shall
continue in force until repealed, amended or modified/altered by it. TIaCHA
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 XXII
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. HTDcCE
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.
KIMBERLY BUTAO ATTY. OUANO
17
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. CHIScD
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 XXIII
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 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.
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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. EaISTD
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:
KIMBERLY BUTAO ATTY. OUANO
18
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-officioSheriff, 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. TaEIAS
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.
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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. DAEaTS
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 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.
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. TcHEaI
Done this September 1, 2009 at Diliman, Quezon City, Philippines.
KIMBERLY BUTAO ATTY. OUANO
19
Cases: Rufina Vda de Tangub vs. CA and Sta Rosa Realty Dev Corp vs. Juan
Amante et. Al
Authority of the DAR Secretary to nullify titles under the CARP:
Sec. 24 RA 6657 as amended by Sec. 9 of RA 9700
Section 9. Section 24 of Republic Act No. 6657, as amended, is hereby further
amended to read as follows:
"SEC. 24. Award to Beneficiaries. - The rights and responsibilities of the
beneficiaries shall commence from their receipt of a duly registered
emancipation patent or certificate of land ownership award and their actual
physical possession of the awarded land. Such award shall be completed in
not more than one hundred eighty (180) days from the date of registration of
the title in the name of the Republic of the Philippines: Provided, That the
emancipation patents, the certificates of land ownership award, and other
titles issued under any agrarian reform program shall be indefeasible and
imprescriptible after one (1) year from its registration with the Office of the
Registry of Deeds, subject to the conditions, limitations and qualifications of
this Act, the property registration decree, and other pertinent laws. The
emancipation patents or the certificates of land ownership award being titles
brought under the operation of the torrens system, are conferred with the
same indefeasibility and security afforded to all titles under the said system,
as provided for by Presidential Decree No. 1529, as amended by Republic
Act No. 6732.
"It is the ministerial duty of the Registry of Deeds to register the title of the
land in the name of the Republic of the Philippines, after the Land Bank of
the Philippines (LBP) has certified that the necessary deposit in the name of
the landowner constituting full payment in cash or in bond with due notice to
the landowner and the registration of the certificate of land ownership award
issued to the beneficiaries, and to cancel previous titles pertaining thereto.
"Identified and qualified agrarian reform beneficiaries, based on Section 22
of Republic Act No. 6657, as, amended, shall have usufructuary rights over
the awarded land as soon as the DAR takes possession of such land, and
such right shall not be diminished even pending the awarding of the
emancipation patent or the certificate of land ownership award.
"All cases involving the cancellation of registered emancipation patents,
certificates of land ownership award, and other titles issued under any
agrarian reform program are within the exclusive and original jurisdiction of
the Secretary of the DAR."
WEEK 9

Case: Department of Agrarian Reform vs. Roberto J. Cuenca
Determination of Agrarian Dispute for the cases filed in courts and prosecutors
office (sec 19 9700)
July 19, 2011
DAR ADMINISTRATIVE ORDER NO. 03-11
SUBJECT : Revised Rules and Regulations Implementing Section 19 of
R.A. No. 9700 (Jurisdiction on and Referral of Cases
that Are Agrarian in Nature)
SECTION 1. Prefatory Statement. — Section 19 of Republic Act
(R.A.) No. 9700 provides:
"SEC. 19. Section 50 of Republic Act No. 6657,
as amended, is hereby further amended by adding Section
50-A to read as follows:
"SEC. 50-A. Exclusive
Jurisdiction on Agrarian Dispute. — No
court or prosecutor's office shall take
cognizance of cases pertaining to the
implementation of the CARP except
those provided under Section 57
of Republic Act No. 6657, as amended.
If there is an allegation from any of the
parties that the case is agrarian in
nature and one of the parties is a
farmer, farmworker, or tenant, the case
shall be automatically referred by the
judge or the prosecutor to the DAR
which shall determine and certify within
fifteen (15) days from referral whether
an agrarian dispute exists: Provided,
That from the determination of the DAR,
an aggrieved party shall have judicial
recourse. In cases referred by the
municipal trial court and the
prosecutor's office, the appeal shall be
KIMBERLY BUTAO ATTY. OUANO
20
with the proper regional trial court and in
cases referred by the regional trial court,
the appeal shall be to the Court of
Appeals.
"In cases where regular
courts or quasi-judicial bodies have
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. IASCTD
"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.""
Whether or not a case is agrarian in nature is discussed in the case
of DAR vs. Roberto Cuenca, et al., (G.R. No. 154112, 23 September 2004) where
the Supreme Court held that: "All controversies on the implementation of the
Comprehensive Agrarian Reform Program (CARP) fall under the jurisdiction of the
Department of Agrarian Reform (DAR), even though they raise questions that are
also legal or constitutional in nature. All doubts should be resolved in favor of the
DAR, since the law has granted it special and original authority to hear and
adjudicate agrarian matters."
From the foregoing, it is therefore declared that the Department of
Agrarian Reform (DAR) shall have exclusive jurisdiction on all cases that are
agrarian in nature.
SECTION 2. Cases Covered. — These guidelines shall apply to
the procedure on the referral of cases which are agrarian in nature to the DAR by
the Prosecutor's Office, the Municipal Circuit Trial Court, Municipal Trial Court,
Metropolitan Trial Court and the Regional Trial Court (MCTC, MTC, MeTC, and
RTC, respectively), whether it be criminal or civil in nature, except those involving
issues of just compensation or the prosecution of criminal offenses as provided for
by Section 57 ofR.A. No. 6657, as amended by R.A. No. 9700.
SECTION 3. When Automatic Referral Shall Be Made. — The
referral to the DAR of a case by the Prosecutor's Office, MCTC, MTC, MeTC, or
RTC, shall be made in accordance with Department of Justice (DOJ) Circular No.
40, dated 10 June 2010, Supreme Court Office of the Court Administrator (OCA)
WEEK 9

Circular No. 62-2010, dated 28 April 2010, and other related circulars and
issuances.
DOJ Circular No. 40 states:
"When a complaint for a felony or a criminal
offense is filed before the Office of the City or Provincial
Prosecutor, the investigating prosecutor shall refer the case
to the Provincial Agrarian Reform Officer (PARO) who has
jurisdiction over the place of the incident when:
(a) there is an allegation by
any of the parties (e.g., allegation in the
complaint, affidavit or counter-affidavit,
etc.) that the case is agrarian in nature
or an agrarian dispute and one of the
parties is a tenant, lessee, farmer-
beneficiary, farmer, or farmworker; or
(b) the case pertains to the
implementation of the CARP except
those provided under Section 57
of Republic Act No. 6657, as
amended."
"When the case is subject of inquest and there is
an allegation by any of the parties that the case is agrarian
in nature or an agrarian dispute and one of them is a farmer,
farmworker or tenant, or involves the implementation of the
CARP, the inquest prosecutor shall immediately refer the
case to the PARO and release the respondent for further
preliminary investigation. The above allegations must be
written, made under oath, and the party making such
allegations signs the Minutes of the Inquest."
OCA Circular No. 62-2010, on the other hand, directs all courts and
judges concerned to "refer all cases before it alleged to involve an agrarian dispute
to the DAR".
For easy reference, copies of DOJ Circular No. 40 dated 10 June 2010
and OCA Circular No. 62-2010 shall be attached hereto.
SECTION 4. To Whom Shall Referral Be Made. — If the case to
be referred to the DAR by the Prosecutor's Office, MCTC, MTC, MeTC, or RTC is
not directly referred to the Provincial Agrarian Reform Office (PARO) of the place
where the agricultural land subject of the case is located, the receiving DAR Office
shall transmit it to him within twenty-four (24) hours from its receipt of the referral.
SECTION 5. Issues to Be Determined. — Upon referral, the
PARO may only give a ruling as to two issues:
(1) Whether or not the cause of action of the pending
case with the referring Court or Office of the Public
KIMBERLY BUTAO ATTY. OUANO
21
Prosecutor is agrarian in nature, the jurisdiction of which is
lodged exclusively with the DAR; or
(2) Whether or not a matter within the exclusive
jurisdiction of the DAR is a prejudicial question to the issue
pending with the referring Court or Office of the Public
Prosecutor.
No other issue may be adjudicated or determined by the PARO.
SECTION 6. Procedures. —
1. Upon receipt of the records of the case, the PARO
shall, on the same day, immediately assign the said case to
the Chief of the Legal Division of the DAR Provincial Office
concerned for the conduct of a summary investigation
proceedings for the sole purpose of determining whether or
not an agrarian dispute exists or if the case is agrarian in
nature. The Chief of the DAR Legal Division concerned may
assign the case to a DAR lawyer or legal officer for the
purpose of conducting the said summary proceeding or fact-
finding investigation.
2. The Chief of the DAR Legal Division, or the DAR
lawyer or legal officer assigned shall, within three (3) days
from receipt of the case referred from the PARO, personally
or in such a manner that will ensure the receipt thereof (e.g.,
commercial couriers, fax, electronic mail, phone call, etc.),
serve upon each party to the case a notice stating therein
the hour, date, and place of the proceedings. The summary
proceedings shall be held, as far as practicable, in the
municipality or barangay where the agricultural landholding
is located or where the biggest portion of the landholding is
located if the land overlaps two (2) or more municipalities or
barangays. The parties shall be required to present their
witnesses, documentary evidence, or any object evidence to
support their respective positions as to the existence of an
agrarian dispute on whether the case is agrarian in nature.
The Chief of the DAR Legal Division, or the DAR lawyer or
legal officer assigned shall require the Agrarian Reform
Program Technologist (ARPT) of the place where the
subject agricultural landholding is located to submit his
comments thereto.
3. The said notice shall likewise require the parties to
submit their respective verified position papers, attaching
thereto all their evidence, within five (5) non-extendible days
from receipt of such notice.
4. After the conclusion of the summary proceedings
and the submission of all position papers, or upon the
expiration of the five (5) day period as provided herein, the
matter or issue shall be deemed submitted for resolution. No
WEEK 9

other pleading or motion shall thereafter be received or
given due course.
5. Within three (3) days from the time the matter or
issue is deemed to be submitted for resolution, the Chief of
the DAR Legal Division, or the DAR lawyer or legal officer
assigned, shall, after a thorough examination of the
testimonies of the parties and his/her witnesses, the
respective verified position papers, and the documentary
evidence thus submitted, submit his/her report to the PARO.
The report shall indicate his/her initial findings of the facts
and circumstances of the case and as to whether an
agrarian dispute exists or not or on whether the case is
agrarian in nature. The position papers, transcript of
stenographic notes, and the entire records of the case shall
be attached to the report.
The determination by the DAR as to whether an agrarian dispute exists
or not, or on whether the case is agrarian in nature, shall be done through a
summary proceeding involving a strictly factual investigation. No motion for
extension of time or any similar pleading of a dilatory character shall be entertained
nor given due course. To this end, the Chief of the Legal Division, or the DAR
lawyer or legal officer assigned, shall exert all reasonable means to ascertain the
facts based on the testimonies and evidence presented. They may verify the
position papers submitted by the parties, ascertaining that the concerned party is
the one causing the preparation thereof, and that the allegations therein are true
based on personal knowledge or authentic records and documents.
To preclude conflict of interest, in no case should the DAR lawyer
serving as counsel for the farmer-beneficiary be assigned as the hearing officer.
Moreover, no hearing officer should handle a case involving a relative within the
fourth degree of consanguinity or affinity who is a party thereto.
SECTION 8. Prima Facie Presumption of an Existence of
Agrarian Dispute or that the Case is Agrarian in Nature. — The presence of any of
the following facts or circumstances shall automatically give rise to a prima
facie presumption that an agrarian dispute exists or that the case is agrarian in
nature:
(a) A previous determination by the DAR that an agrarian
dispute exists or that the case is agrarian in nature, or the
existence of a pending action with the DAR, whether an
Agrarian Law Implementation (ALI) case or a case before
the DAR Adjudication Board (DARAB), which involves the
same landholding;
(b) A previous determination by the National Labor
Relations Commission or its Labor Arbiters that the
farmworker is/was an employee of the complainant;
KIMBERLY BUTAO ATTY. OUANO
22
(c) A notice of coverage was issued or a petition for
coverage under any agrarian reform program was filed on
the subject landholding; or
(d) Other analogous circumstances.
If there is a prima facie presumption that an agrarian dispute exists or
that the case is agrarian in nature, the burden of proving the contrary shall be on
the party alleging the same.
SECTION 9. Facts Tending to Prove that a Case is Agrarian in
Nature. — In addition to the instances mentioned in Section 7 hereof, the Chief of
the Legal Division, or the DAR lawyer or legal officer assigned, in determining
whether the case is agrarian in nature, shall be guided by the following facts and
circumstances:
1. Existence of a tenancy relationship;
2. The land subject of the case is agricultural;
3. Cause of action involves ejectment or removal of a
farmer, farmworker, or tenant;
4. The crime alleged arose out of or is in connection
with an agrarian dispute (i.e., theft or qualified theft of farm
produce, estafa, malicious mischief, illegal trespass, etc.),
Provided, that the prosecution of criminal offenses penalized
by R.A. No. 6657, as amended, shall be within the original
and exclusive jurisdiction of the Special Agrarian Courts;
5. The land subject of the case is covered by a
Certificate of Land Ownership Award (CLOA), Emancipation
Patent (EP), or other title issued under the agrarian reform
program, and that the case involves the right of possession,
use, and ownership thereof; or
6. The civil case filed before the court of origin
concerns the ejectment of farmers/tenants/farmworkers,
enforcement or rescission of contracts arising from,
connected with, or pertaining to an Agribusiness Ventures
Agreement (AVA), and the like.
The existence of one or more of the foregoing circumstances may be
sufficient to justify a conclusion that the case is agrarian in nature. The Chief of
the Legal Division, or the DAR lawyer or legal officer assigned, shall accordingly
conclude that the case is agrarian in nature cognizable by the DAR, and thus
recommend that the referred case is not proper for trial.
SECTION 10. DAR Certification. — The PARO shall issue the
Certification within forty-eight (48) hours from receipt of the report of the Chief of
the Legal Division, DAR lawyer, or legal officer concerned. Such Certification shall
state whether or not the referred case is agrarian in nature, as follows:
WEEK 9

(a) Where the case is NOT PROPER for trial for lack of
jurisdiction:
After a preliminary determination of the relationship
between the parties pursuant to Section 50-A of R.A. No.
6657, as amended, this Office hereby certifies that the case
is agrarian in nature within the primary and exclusive
jurisdiction of the DAR. It is therefore recommended to the
referring (court/prosecutor) that the case be dismissed for
lack of jurisdiction.
(b) Where the case is NOT YET PROPER for trial due to
a prejudicial question:
After a preliminary determination of the relationship
between the parties pursuant to Section 50-A of R.A. No.
6657, as amended, this Office hereby certifies that a
prejudicial question exists the determination of which is
agrarian in nature and thus within the primary and exclusive
jurisdiction of the DAR. It is therefore recommended to the
referring (court/prosecutor) that the case be archived until
the determination of the DAR of the prejudicial question.
(c) Where the case is PROPER for trial:
This Office hereby certifies that the case is not
agrarian in nature. It is therefore recommended to the
referring (court/prosecutor) to conduct further proceedings.
The Certification shall state the findings of fact upon which the
determination by the PARO was based.
SECTION 11. Return of Referred Case. — The PARO shall
transmit the Certification, together with the complete records of the case and
pertinent documentation, to the referring Court or Office of the Public Prosecutor
within twenty-four (24) hours from its issuance.
SECTION 12. Recommendation of the PARO is Final. — The
recommendation of the PARO is final and non-appealable. Any party who may
disagree with the recommendation of the PARO has judicial recourse by
submitting his/her/its position to the referring Court or Office of the Public
Prosecutor in accordance with the latter's rules.
SECTION 13. Separability Clause. — Any judicial
pronouncement declaring unconstitutional any provision of these Rules shall have
no effect on the validity of the other provisions not affected thereby.
SECTION 14. Repealing Clause. — A.O. No. 4, Series of 2009 is
hereby repealed.
SECTION 15. Transitory Provision. — This A.O. shall apply to all
cases pending with all Prosecutor's Office, MCTCs, MTCs, MeTCs, and RTCs at
the time of the effectivity of this A.O.
KIMBERLY BUTAO ATTY. OUANO
23
SECTION 16. Effectivity. — This A.O. shall take effect upon its
publication in at least two (2) national newspapers of general circulation.
Diliman, Quezon City, July 19, 2011.
(SGD.) VIRGILIO R.
DE LOS REYES
Secretary
Section 19. Section 50 of Republic Act No. 6657, as amended, is hereby further
amended by adding Section 50-A to read as follows:
"SEC. 50-A. Exclusive Jurisdiction on Agrarian Dispute. - No court or
prosecutor's office shall take cognizance of cases pertaining to the
implementation of the CARP except those provided under Section 57 of
Republic Act No. 6657, as amended. If there is an allegation from any of the
parties that the case is agrarian in nature and one of the parties is a farmer,
farmworker, or tenant, the case shall be automatically referred by the judge
or the prosecutor to the DAR which shall determine and certify within fifteen
(15) days from referral whether an agrarian dispute exists: Provided, That
from the determination of the DAR, an aggrieved party shall have judicial
recourse. In cases referred by the municipal trial court and the prosecutor's
office, the appeal shall be with the proper regional trial court, and in cases
referred by the regional trial court, the appeal shall be to the Court of
Appeals.
"In cases where regular courts or quasi-judicial bodies have 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."
June 7, 2010
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 24

DOJ DEPARTMENT CIRCULAR NO. 040-10
SUBJECT : Guidelines on the Investigation and Referral
of Cases to the Department of Agrarian
Reform
Pursuant to Section 19 of Republic Act No.
9700 1
In the interest of expeditious administration of justice in agrarian reform
cases and to effectively implement Section 19 of Republic Act (R.A.) No. 9700, the
following guidelines on the handling of agrarian reform cases, to be known as the
GUIDELINES ON THE INVESTIGATION AND REFERRAL OF CASES TO THE
DEPARTMENT OF AGRARIAN REFORM PURSUANT TO SECTION 19
OF REPUBLIC ACT NO. 9700, is hereby adopted.
SECTION 1. Prefatory Statement. — It is one of the policies of
the Department of Justice, as shown by its creation of the National Task Force on
Agrarian Cases in 2007, among other measures, to ensure the speedy resolution
of agrarian cases by the agency with the jurisdiction over the same and to address
the persistent problem of disputes that are agrarian in nature but are being filed
with the National Prosecution Service. Indeed, if genuine agrarian justice is to be
achieved, this problem characterized by conflict of jurisdiction, legal harassment
of farmers, tenants and farmworkers (i.e., through the filing of nuisance suits in
regular courts) must be addressed.
On 1 July 2009, R.A. No. 9700 became effective. One of the more
critical sections (Section 19) of the said Act pertains to the referral of cases filed
before the prosecutors and the courts. Clearly intended to address the problem of
conflict of jurisdiction and legal harassment of farmers, tenants, and farmworkers,
Section 19, provides:
"SEC. 19. Section 50 of Republic Act No. 6657,
as amended, is hereby further amended by adding Section
50-A to read as follows:
"SEC. 50-A. Exclusive
Jurisdiction on Agrarian Dispute.— No
court or prosecutor's office shall take
cognizance of cases pertaining to the
implementation of the CARP except
those provided under Section 57
of Republic Act No. 6657, as
amended. If there is an allegation from
any of the parties that the case is
agrarian in nature and one of the parties
is a farmer, farmworker, or tenant, the
case shall be automatically referred by
the judge or the prosecutor to the DAR
which shall determine and certify within
fifteen (15) days from referral whether
an agrarian dispute exists:
Provided, That from the
determination of the DAR, an aggrieved
party shall have judicial recourse. In
cases referred by the municipal trial
court and the prosecutor's office, the
appeal shall be with the proper regional
trial court, and in cases referred by the
regional trial court, the appeal shall be
to the Court of Appeals.
"In cases where regular
courts or quasi-judicial bodies have
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."
It is in the light of the above policy of this Department and the adoption
of the referral system under Section 19 of R.A. No. 9700 that this Circular is
issued.
SECTION 2. Definition of Terms. — As used in this Rule, the
following terms are defined as shown:
a. Agrarian Dispute — refers to any controversy relating to tenurial
arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands
devoted to agriculture, including disputes concerning farmworkers' associations or
representation of persons in negotiating, fixing, maintaining, changing or seeking
to arrange terms or conditions of such tenurial arrangements. It includes any
controversy relating to compensation of lands acquired under this Act and other
terms and conditions of transfer of ownership from landowners to farmworkers,
tenants and other agrarian reform beneficiaries, whether the disputants stand in
the proximate relation of farm operator and beneficiary, landowner and tenant, or
lessor and lessee (R.A. No. 6657, Section 3-d).

KIMBERLY BUTAO ATTY. OUANO WEEK 9

 25

As used in this Guidelines, the term also includes disputes over the 1) Regular Farmworker — a natural person who is
interpretation of agrarian reform laws, rules and regulations, including those employed on a permanent basis by an agricultural enterprise
pertaining to the rights and obligations of agrarian reform beneficiaries and or farm (R.A. 6657, Section 3-h).
landowners/former landowners. 2) Seasonal Farmworker — a natural person who is
b. Agricultural Enterprise — means the cultivation of the soil, planting employed on a recurrent, periodic or intermittent basis by an
of crops, growing of fruit trees, raising of livestock, poultry or fish, including the agricultural enterprise or farm, whether as a permanent or
non-permanent laborer, such as "dumaan", "sacada", and
harvesting of such farm products, and other farm activities and practices
the like (R.A. 6657, Section 3-i).
performed by a farmer in conjunction with such farming operations done by person
whether natural or juridical. AISHcD 3) Other Farmworker — a farmworker who does not fall
under any of the foregoing categories (R.A. 6657, Section 3-
c. Agricultural Leasehold Contract — A formal tenurial arrangement j).
reduced into writing between a lessor-landholder and lessee-farmer where the
former consents to the latter's cultivation in consideration for fixed rental either in SECTION 3. Scope. — This Guidelines shall cover offenses
money or produce or both. committed under the following:

d. Agricultural Leasehold Relation — It is limited to the person who 1) Title 9, Chapter 2 of the Revised Penal Code (RPC),
furnishes the landholding, either as owner, civil law lessee, usufructuary, or legal as applicable;
possessor, and the person who personally cultivates the same (R.A. No. 3844, 2) Title 10 of the RPC, as applicable; and
Sec. 166 [2]).
3) Such other provisions of the RPC and other laws, as
e. Agricultural Lessee — A person who, by himself and with the aid applicable.
available from within his immediate farm household, cultivates the land belonging
to, or possessed by another, with the latter's consent for purposes of production, SECTION 4. Procedure. —
for a price certain in money or in produce or both. It is distinguished from civil A. Preliminary Investigation.
lessee as understood in the Civil Code of the Philippines (R.A. No. 3844, Sec. 166
[2]). (1) Grounds of Referral. — When a complaint for a
felony or a criminal offense is filed before the Office of the
f. Agricultural Lessor — A person, natural or juridical, who either as City or Provincial Prosecutor, the investigating prosecutor
owner, civil law lessee, usufructuary or legal possessor, lets or grants to another shall refer the case to the Provincial Agrarian Reform Officer
the cultivation and use of his land for a certain price (R.A. No. 3844, Sec. 16b [3]). (PARO) who has jurisdiction over the place of the incident
when:
g. Agrarian Reform Beneficiaries or Farmer-Beneficiaries — Actual
agrarian reform or farmer-beneficiaries of the agrarian reform program are those (a) there is an allegation by any of the parties
which have been awarded either Certificates of Land Ownership Award (CLOAs) (e.g., allegation in the complaint, affidavit or
under the CARP (R.A. 6657) or Emancipation Patents (EPs) under Operation Land counter-affidavit, etc.) that the case is agrarian in
nature or an agrarian dispute and one of the
Transfer (P.D. 27), or have been confirmed as tenants or leaseholders by the DAR
parties is a tenant, lessee, farmer-beneficiary,
or the DARAB. Potential agrarian reform or farmer-beneficiaries of the agrarian
farmer, or farmworker; or
reform program are those who are eligible to be awarded CLOAs or EPs, and
recognized as such by the DAR, but are still awaiting their actual award; also those (b) the case pertains to the implementation of
who are eligible to be tenants or leaseholders. the CARP except those provided under Section
57 2 of Republic Act No. 6657, as amended.
h. Farmworker — is a natural person who renders services for value
as an employee or laborer in an agricultural enterprise or farm, regardless of
whether his compensation is paid on a daily, weekly, monthly or "pakyaw" basis. (2) Process of Referral.
The term includes an individual whose work has ceased as a consequence of, or
in connection with, a pending agrarian dispute and who has not obtained a
substantially equivalent and regular farm employment (R.A. 6657, Section 3-g).
(a) The investigating prosecutor shall, within
As used in this Rule, the term also includes the following: three (3) days from receipt of the complaint or

KIMBERLY BUTAO ATTY. OUANO WEEK 9

 26

pleading that alleges either of the above grounds SECTION 7. This Circular shall take effect immediately.
of referral, recommend to the chief of office the
referral of the case, stating therein the basis for
his/her recommendation;
(b) Within two (2) days from receipt of the
recommendation, the chief of office shall endorse
the same to the PARO together with the records of
the case, copy furnished the parties concerned. (SGD.) ALBERTO C.
AGRA
(c) While the case is on referral with the Acting Secretary
PARO, the investigating prosecutor shall defer Footnotes
further proceedings and shall await the
certification from the PARO as to whether the 1. An Act Strengthening the Comprehensive Agrarian Reform Program
case is "PROPER FOR TRIAL" OR "NOT (CARP), Extending the Acquisition and Distribution of All Agricultural Lands,
PROPER FOR TRIAL". 3 aHCSTD Instituting Necessary Reforms, Amending for the Purpose Certain Provisions
of Republic Act No. 6657, Otherwise Known as the Comprehensive Agrarian
(d) If the Certification states that the case is Reform Law of 1988, As Amended, and Appropriating Funds Therefor.
not proper for trial, the investigating prosecutor 2. Section 57. Special Jurisdiction. — The Special Agrarian Courts shall have
shall dismiss the case within five (5) days from original and exclusive jurisdiction over all petitions for the determination of just
receipt of the certification. compensation to landowners, and the prosecution of all criminal offenses under this
Act. The Rules of Court shall apply to all proceedings before the Special Agrarian
(e) If the Certification states that the case is
Courts, unless modified by this Act.
proper for trial, the investigating prosecutor shall
The Special Agrarian Courts shall decide all appropriate cases under
proceed with the preliminary investigation and
their special jurisdiction within thirty (30) days from submission of the case for
resolve the case, accordingly.
decision.
(f) After the lapse of fifteen (15) days required 3. DAR Administrative Order No. 04, Series of 2009.
by law for the PARO to issue a Certification and
none was issued, the investigating prosecutor may
dispose of the case pending before him in April 28, 2010
accordance with his appreciation of law and
evidence attendant to the case.
B. Inquest OCA CIRCULAR NO. 62-10
When the case is subject of inquest and there is an allegation by any of
the parties that the case is agrarian in nature or an agrarian dispute and one of
them is a farmer, farmworker or tenant, or involves the implementation of the
CARP, the inquest prosecutor shall immediately refer the case to the PARO and
TO : All Judges of Lower Courts
release the respondent for further preliminary investigation. The above allegations
must be written, made under oath, and the party making such allegations signs
the Minutes of the Inquest.
SUBJECT : Implementation of Sections 7 and 50-A of R.A. No. 6657, Also
SECTION 5. Transitory Provision. — For cases that are already Known as the Comprehensive Agrarian Reform Law of
pending and are under preliminary investigation (at the time of the effectivity of this 1988, as Respectively Amended by Sections 5 and
Circular), upon motion by any of the parties or motu propio, if previous pleadings 19 of R.A. No. 9700 (An Act Strengthening the
filed contain allegations which may be the grounds for referral, the investigating Comprehensive Agrarian Reform Program [CARP],
prosecutor shall proceed in accordance with Section 4.A.2 hereof. Extending the Acquisition
and Distribution of All Agricultural Lands, Instituting
SECTION 6. The provisions of the Rules of Court shall apply in Necessary Reforms, Amending for the Purpose Certain
a suppletory manner. Provisions of Republic Act No. 6657, Otherwise Known

KIMBERLY BUTAO ATTY. OUANO WEEK 9

 27

as the Comprehensive Agrarian Reform Law of 1988, as involving the implementation of agrarian reform, except
Amended, and Appropriating Funds Therefor) those falling under the exclusive jurisdiction of the
Department of Agriculture (DA) and the Department of
Environment and Natural Resources (DENR).
Republic Act No. 9700 (R.A. No. 9700), extending the implementation With the enactment of R.A. No. 9700, Section 19 thereof further
of the Comprehensive Agrarian Reform Program (CARP) for the next five (5) amended Section 50 ofR.A. No. 6657 by adding Section 50-A, thus:
years, introduced several reforms to Republic Act No. 6657 (R.A. No.
6657) otherwise known as the Comprehensive Agrarian Reform Law of 1988. "SEC. 19. Section 50 of Republic Act No. 6657,
Among others, Section 5 of R.A. No. 9700amended Section 7 of R.A. No. 6657 on as amended, is hereby further amended to read as follows:
the priorities in the land acquisition and distribution, while Section 19 of R.A. No. 'SEC. 50-A. Exclusive Jurisdiction on
9700 amended Section 50 of R.A. No. 6657 on the quasi-judicial powers of the Agrarian Dispute. — No court or
Department of Agrarian Reform (DAR). prosecutor's office shall take
cognizance of cases pertaining to the
With respect to Section 7 of R.A. No. 6657 as amended by Section 5 implementation of the CARP except
of R.A. No. 9700, the Presidential Agrarian Reform Council (PARC), through Hon. those provided under Section 57
Nasser C. Pangandaman, DAR Secretary and Chairman, PARC Executive of Republic Act No. 6657, as amended.
Committee, invited the attention of this Court concerning the refusal of some If there is an allegation from any of the
municipal judges to administer the oath in applications of intended beneficiaries parties that the case is agrarian in
under the CARP, pursuant to paragraph 2 thereof, to wit: nature and one of the parties is a
farmer, farmworker, or tenant, the case
"xxx xxx xxx shall be automatically referred by the
Provided, finally, as mandated by the Constitution, Republic judge or the prosecutor to the DAR
Act No. 6657, as amended, and Republic Act No. 3844, as which shall determine and certify within
amended, only farmers (tenants or lessees) and regular fifteen (15) days from referral whether
farmworkers actually tilling the lands, as certified under oath an agrarian dispute exists: Provided,
by the Barangay Agrarian Reform Council (BARC) and That from the determination of the DAR,
attested under oath by the landowners, are the qualified an aggrieved party shall have judicial
beneficiaries. The intended beneficiary shall state under recourse. In cases referred by the
oath before the judge of the city or municipal court that municipal trial court and the
he/she is willing to work on the land to make it productive prosecutor's office, the appeal shall be
and to assume the obligation of paying the amortization for with the proper regional trial court and in
the compensation of the land and the land taxes thereon; . . . cases referred by the regional trial court,
." (Emphasis supplied.) the appeal shall be to the Court of
Appeals.
Henceforth, all concerned are hereby DIRECTED to judiciously and
faithfully OBSERVE the above-mentioned provision of the law in order to ensure In cases where regular courts or quasi-
judicial bodies have competent
the prompt and smooth acquisition and distribution of agricultural lands to our
jurisdiction, agrarian reform
farmers in the countryside. beneficiaries or identified beneficiaries
With respect to Section 50 of R.A. No. 6657, it should be noted that as and/or their associations shall have
early as 1 July 2002, Administrative Circular No. 29-2002 was issued to remind all legal standing and interest to intervene
concerning their individual or collective
trial court judges of the need for a careful and judicious application of R.A. No.
rights and/or interests under the CARP.
6657, in view of the increasing number of complaints on matters of jurisdiction over
agrarian disputes. The circular cited therein Section 50 as follows: The fact of non-registration of such
associations with the Securities and
Section 50. Quasi-Judicial Powers of the Exchange Commission, or Cooperative
DAR. — The DAR is hereby vested with primary jurisdiction Development Authority, or any
to determine and adjudicate agrarian reform matters and concerned government agency shall not
shall have exclusive original jurisdiction over all matters be used against them to deny the

KIMBERLY BUTAO ATTY. OUANO WEEK 9


existence of their legal standing and
interest in a case filed before such
courts and quasi-judicial bodies."'
(Emphasis Supplied.)
This is in consonance with Department of Agrarian Reform v.
Cuenca, 1 where the Court stated that "[a]ll controversies on the implementation
of the Comprehensive Agrarian Reform Program (CARP) fall under the jurisdiction
of the Department of Agrarian Reform (DAR), even though they raise questions
that are also legal or constitutional in nature. All doubts should be resolved in favor
of the DAR, since the law has granted it special and original authority to hear and
adjudicate agrarian matters." (Emphasis supplied)
In Salazar v. de Leon, 2 the Court dismissed the Complaint for recovery
of possession of real property and declared that the dispute between the parties
as landowner and tenant is agrarian in nature falling within the domain of the
DARAB. The Court also noted that such ruling is "in line with the doctrine of primary
jurisdiction which precludes the regular courts from resolving a controversy over
which jurisdiction has been lodged with an administrative body of special
competence."
This jurisprudential trend shows the Court's recognition of DAR as the
administrative body of special competence and expertise granted by law with
primary and exclusive original jurisdiction over agrarian reform matters. In
furtherance of the Court's policy to expedite the resolution of cases involving
agrarian disputes and to fully implement the objectives of agrarian reform laws, all
courts and judges concerned are hereby enjoined to strictly observe Section 50-A
of R.A. No. 6657, as amended by R.A. No. 9700, and refer all cases before it
alleged to involve an agrarian dispute to the DAR for the necessary determination
and certification.
For your information, guidance, and strict compliance.
The Role of Special Agrarian Courts:
Section 57. Special Jurisdiction. — The Special Agrarian Courts shall have original
and exclusive jurisdiction over all petitions for the determination of just compensation
to landowners, and the prosecution of all criminal offenses under this Act. The Rules
of Court shall apply to all proceedings before the Special Agrarian Courts, unless
modified by this Act.
The Special Agrarian Courts shall decide all appropriate cases under their special
jurisdiction within thirty (30) days from submission of the case for decision.
Cases: LBP vs. Raymundo, LBP vs. Heirs of Elueterio, LBP vs. Leonila, and LBP
vs. CA
KIMBERLY BUTAO ATTY. OUANO
28
Modes of Appeal or Review
RULE 43
Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the
Court of Appeals
Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders
of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of
or authorized by any quasi-judicial agency in the exercise of its quasi-judicial
functions. Among these agencies are the Civil Service Commission, Central Board of
Assessment Appeals, Securities and Exchange Commission, Office of the President,
Land Registration Authority, Social Security Commission, Civil Aeronautics Board,
Bureau of Patents, Trademarks and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government Service
Insurance System, Employees Compensation Commission, Agricultural Invention
Board, Insurance Commission, Philippine Atomic Energy Commission, Board of
Investments, Construction Industry Arbitration Commission, and voluntary arbitrators
authorized by law. (n)
Section 2. Cases not covered. — This Rule shall not apply to judgments or final
orders issued under the Labor Code of the Philippines. (n)
Section 3. Where to appeal. — An appeal under this Rule may be taken to the Court
of Appeals within the period and in the manner herein provided, whether the appeal
involves questions of fact, of law, or mixed questions of fact and law. (n)
Section 4. Period of appeal. — The appeal shall be taken within fifteen (15) days from
notice of the award, judgment, final order or resolution, or from the date of its last
publication, if publication is required by law for its effectivity, or of the denial of
petitioner's motion for new trial or reconsideration duly filed in accordance with the
governing law of the court or agency a quo. Only one (1) motion for reconsideration
shall be allowed. Upon proper motion and the payment of the full amount of the docket
fee before the expiration of the reglementary period, the Court of Appeals may grant
an additional period of fifteen (15) days only within which to file the petition for review.
No further extension shall be granted except for the most compelling reason and in no
case to exceed fifteen (15) days. (n)
Section 5. How appeal taken. — Appeal shall be taken by filing a verified petition for
review in seven (7) legible copies with the Court of Appeals, with proof of service of a
copy thereof on the adverse party and on the court or agency a quo. The original copy
of the petition intended for the Court of Appeals shall be indicated as such by the
petitioner.
WEEK 9

Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court
of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for
costs. Exemption from payment of docketing and other lawful fees and the deposit for
costs may be granted by the Court of Appeals upon a verified motion setting forth valid
grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the
docketing and other lawful fees and deposit for costs within fifteen (15) days from
notice of the denial. (n)
Section 6. Contents of the petition. — The petition for review shall (a) state the full
names of the parties to the case, without impleading the court or agencies either as
petitioners or respondents; (b) contain a concise statement of the facts and issues
involved and the grounds relied upon for the review; (c) be accompanied by a clearly
legible duplicate original or a certified true copy of the award, judgment, final order or
resolution appealed from, together with certified true copies of such material portions
of the record referred to therein and other supporting papers; and (d) contain a sworn
certification against forum shopping as provided in the last paragraph of section 2,
Rule 42. The petition shall state the specific material dates showing that it was filed
within the period fixed herein. (2a)
Section 7. Effect of failure to comply with requirements. — The failure of the petitioner
to comply with any of the foregoing requirements regarding the payment of the docket
and other lawful fees, the deposit for costs, proof of service of the petition, and the
contents of and the documents which should accompany the petition shall be sufficient
ground for the dismissal thereof. (n)
Section 8. Action on the petition. — The Court of Appeals may require the respondent
to file a comment on the petition not a motion to dismiss, within ten (10) days from
notice, or dismiss the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (6a)
Section 9. Contents of comment. — The comment shall be filed within ten (10) days
from notice in seven (7) legible copies and accompanied by clearly legible certified
true copies of such material portions of the record referred to therein together with
other supporting papers. The comment shall (a) point out insufficiencies or
inaccuracies in petitioner's statement of facts and issues; and (b) state the reasons
why the petition should be denied or dismissed. A copy thereof shall be served on the
petitioner, and proof of such service shall be filed with the Court of Appeals. (9a)
Section 10. Due course. — If upon the filing of the comment or such other pleadings
or documents as may be required or allowed by the Court of Appeals or upon the
expiration of the period for the filing thereof, and on the records the Court of Appeals
finds prima facie that the court or agency concerned has committed errors of fact or
law that would warrant reversal or modification of the award, judgment, final order or
resolution sought to be reviewed, it may give due course to the petition; otherwise, it
shall dismiss the same. The findings of fact of the court or agency concerned, when
supported by substantial evidence, shall be binding on the Court of Appeals. (n)
KIMBERLY BUTAO ATTY. OUANO
29
Section 11. Transmittal of record. — Within fifteen (15) days from notice that the
petition has been given due course, the Court of Appeals may require the court or
agency concerned to transmit the original or a legible certified true copy of the entire
record of the proceeding under review. The record to be transmitted may be abridged
by agreement of all parties to the proceeding. The Court of Appeals may require or
permit subsequent correction of or addition to the record. (8a)
Section 12. Effect of appeal. — The appeal shall not stay the award, judgment, final
order or resolution sought to be reviewed unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just. (10a)
Section 13. Submission for decision. — If the petition is given due course, the Court
of Appeals may set the case for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from notice. The case shall be deemed
submitted for decision upon the filing of the last pleading or memorandum required by
these Rules or by the court of Appeals. (n)
Sec 54 in re with Rule 65:
Section 54. Certiorari. — Any decision, order, award or ruling of the DAR on any
agrarian dispute or on any matter pertaining to the application, implementation,
enforcement, or interpretation of this Act and other pertinent laws on agrarian reform
may be brought to the Court of Appeals by certiorari except as otherwise provided in
this Act within fifteen (15) days from the receipt of a copy thereof.
The findings of fact of the DAR shall be final and conclusive if based on substantial
evidence.
RULE 65
Certiorari, Prohibition and Mandamus
Section 1. Petition for certiorari. — When any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction,
or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there
is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law,
a person aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting such incidental reliefs as
law and justice may require.
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The petition shall be accompanied by a certified true copy of the judgment, order or
resolution subject thereof, copies of all pleadings and documents relevant and
pertinent thereto, and a sworn certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46. (1a)
Section 2. Petition for prohibition. — When the proceedings of any tribunal,
corporation, board, officer or person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal
or any other plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action or matter specified therein,
or otherwise granting such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified true copy of the judgment,
order or resolution subject thereof, copies of all pleadings and documents relevant and
pertinent thereto, and a sworn certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46. (2a)
Section 3. Petition for mandamus. — When any tribunal, corporation, board, officer or
person unlawfully neglects the performance of an act which the law specifically enjoins
as a duty resulting from an office, trust, or station, or unlawfully excludes another from
the use and enjoyment of a right or office to which such other is entitled, and there is
no other plain, speedy and adequate remedy in the ordinary course of law, the person
aggrieved thereby may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered commanding the respondent,
immediately or at some other time to be specified by the court, to do the act required
to be done to protect the rights of the petitioner, and to pay the damages sustained by
the petitioner by reason of the wrongful acts of the respondent.
The petition shall also contain a sworn certification of non-forum shopping as provided
in the third paragraph of section 3, Rule 46. (3a)
Section 4. When and where petition filed. — The petition shall be filed not later than
sixty (60) days from notice of the judgment, order or resolution. In case a motion for
reconsideration or new trial is timely filed, whether such motion is required or not, the
sixty (60) day period shall be counted from notice of the denial of said motion.
The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions
of a lower court or of a corporation, board, officer or person, in the Regional Trial
Court exercising jurisdiction over the territorial area as defined by the Supreme Court.
It may also be filed in the Court of Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in aid of its appellate jurisdiction.
If it involves the acts or omissions of a quasi-judicial agency, unless otherwise
provided by law or these Rules, the petition shall be filed in and cognizable only by the
Court of Appeals.
KIMBERLY BUTAO ATTY. OUANO
30
No extension of time to file the petition shall be granted except for compelling reason
and in no case exceeding fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998;
A.M. No. 00-2-03-SC)
Section 5. Respondents and costs in certain cases. — When the petition filed relates
to the acts or omissions of a judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person, the petitioner shall join, as private respondent or respondents
with such public respondent or respondents, the person or persons interested in
sustaining the proceedings in the court; and it shall be the duty of such private
respondents to appear and defend, both in his or their own behalf and in behalf of the
public respondent or respondents affected by the proceedings, and the costs awarded
in such proceedings in favor of the petitioner shall be against the private respondents
only, and not against the judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the
public respondents shall not appear in or file an answer or comment to the petition or
any pleading therein. If the case is elevated to a higher court by either party, the public
respondents shall be included therein as nominal parties. However, unless otherwise
specifically directed by the court, they shall not appear or participate in the
proceedings therein. (5a)
Section 6. Order to comment. — If the petition is sufficient in form and substance to
justify such process, the court shall issue an order requiring the respondent or
respondents to comment on the petition within ten (10) days from receipt of a copy
thereof. Such order shall be served on the respondents in such manner as the court
may direct together with a copy of the petition and any annexes thereto.
In petitions for certiorari before the Supreme Court and the Court of Appeals, the
provisions of section 2, Rule 56, shall be observed. Before giving due course thereto,
the court may require the respondents to file their comment to, and not a motion to
dismiss, the petition. Thereafter, the court may require the filing of a reply and such
other responsive or other pleadings as it may deem necessary and proper. (6a)
Section 7. Expediting proceedings; injunctive relief. — The court in which the petition
is filed may issue orders expediting the proceedings, and it may also grant a
temporary restraining order or a writ of preliminary injunction for the preservation of
the rights of the parties pending such proceedings. The petition shall not interrupt the
course of the principal case unless a temporary restraining order or a writ of
preliminary injunction has been issued against the public respondent from further
proceeding in the case. (7a)
Section 8. Proceedings after comment is filed. — After the comment or other
pleadings required by the court are filed, or the time for the filing thereof has expired,
the court may hear the case or require the parties to submit memoranda. If after such
hearing or submission of memoranda or the expiration of the period for the filing
WEEK 9
 31

thereof the court finds that the allegations of the petition are true, it shall render
judgment for the relief prayed for or to which the petitioner is entitled.

The court, however, may dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (8a)

Section 9. Service and enforcement of order or judgment. — A certified copy of the

judgment rendered in accordance with the last preceding section shall be served upon
the court, quasi-judicial agency, tribunal, corporation, board, officer or person
concerned in such manner as the court may direct, and disobedience thereto shall be
punished as contempt. An execution may issue for any damages or costs awarded in
accordance with section 1 of Rule 39. (9a)

KIMBERLY BUTAO ATTY. OUANO WEEK 9