September 1, 2009
THE 2009 DEPARTMENT OF AGRARIAN REFORM
ADJUDICATION BOARD (DARAB) RULES OF PROCEDURE
TABLE OF CONTENTS
Rule I
General Provisions
Section 1. Title
Section 2. Construction
Section 3. Technical Rules Not Applicable
Section 4. Doubts to be Resolved in Favor of the
Beneficiary
Section 5. Official Seal
Rule II
Jurisdiction of the Board and its Adjudicators
Section 1. Primary and Exclusive Original and
Appellate Jurisdiction
Section 2. Appellate Jurisdiction of the Board
Section 3. Annulment of Judgment of Adjudicators
Section 4. Referral to Office of the Secretary
(OSEC)
Section 5. Role of the RARAD
Section 6. Powers
Rule III
Mediation or Conciliation at Barangay Level
Section 1. BARC Certification
Section 2. Referral to BARC
Section 3. Report of Settlement at BARC to
Adjudicator
Section 4. Land or Parties in Two (2) Barangays
Section 5. Certification of Non-Settlement
Section 6. Special Rules on Mediation and
Conciliation cIECTH
Rule IV
Commencement of Action, Venue, and Cause of
Action
Section 1. Complaint or Petition
Section 2. Certification and Verification on
Related Cases
Section 3. Amendment of and Supplement to Complaint
or Petition
Section 4. Venue
Section 5. One Suit for a Single Cause of Action
Section 6. Splitting a Single Cause of Action
Section 7. Joinder of Causes of Action
Rule V
Parties and Caption
Section 1. Parties in Interest
Section 2. Pauper Litigant
Section 3. Associations or Corporations as
Plaintiffs or Defendants
Section 4. Alternative Defendants
Section 5. Unknown Identity or Name of Defendants
Section 6. Entity without Juridical Personality as
Defendants
Rule VI
Service of Pleadings
Section 1. Service of Pleadings, Notices, and
Resolutions
Section 2. Service Upon Associations
Section 3. Service Upon Private, Domestic Juridical
Entities
Section 4. Service Upon Public Corporation
Section 5. Return of Service
Section 6. Proof of Completeness of Service
Section 7. Substituted Service
Rule VII
Summons, Answer, and Submission of Evidence
Section 1. Issuance of Summons, Time to Answer and
Submission of Evidence
Section 2. By Whom Served
Section 3. Answer Required
Section 4. Time to Answer Non-Extendible
Section 5. Amendment of Answer
Section 6. Answer to Amended Complaint or Petition
Section 7. No Default upon Failure to Answer ASIETa
Section 8. Order Upon Receipt of Answer or Lapse of
Reglementary Period
Section 9. Affidavits
Section 10. Reply
Rule VIII
Appearances
Section 1. Appearance
Section 2. Manner of Appearance
Section 3. Assignment of DAR Lawyer or Legal
Officer
Section 4. Authority to Bind Party
Rule IX
Preliminary Conference
Section 1. When Conducted
Section 2. Notice of Preliminary Conference
Section 3. Appearance of Parties
Section 4. Effect of Failure to Appear
Section 5. Amicable Settlement
Section 6. Failure to Arrive at an Amicable
Settlement
Section 7. Record of Preliminary Conference
Rule X
Proceedings before the Adjudicators
Section 1. Nature of Proceedings
Section 2. Role of the Adjudicator in the
Proceedings
Section 3. Orders or Resolutions During the Hearing
of the Case
Section 4. Submission of Position Papers
Section 5. Procedure on Clarificatory Hearing
Section 6. Record of Proceedings
Section 7. Period to Render the Decision
Section 8. Award and Damages
Section 9. Finality of Judgment
Section 10. Motion for Reconsideration
Rule XI
Motions in General
Section 1. Motion Defined
Section 2. Form
Section 3. Contents
Section 4. Notice
Section 5. Proof of Service
Section 6. Expeditious Resolution of Motions
Section 7. Non-allowable Motions caCSDT
Rule XII
Intervention
Section 1. Who May Intervene
Section 2. Time to Intervene
Section 3. Answer-in-Intervention
Rule XIII
Decisions/Resolutions/Final Orders
Section 1. Decisions/Resolutions/Final Orders
Section 2. Promulgation
Section 3. Notice of Decisions/Resolutions/Final
Orders
Section 4. Entry of Decisions/Resolutions/Final
Orders
Rule XIV
Appeals
Section 1. Appeal to the Board
Section 2. Grounds
Section 3. Notice of Appeal and Appeal Memorandum
Section 4. Perfection of Appeal
Section 5. Motions after Filing of Notice of Appeal
Section 6. Transmittal of Appeal and Records
Section 7. Docketing of Case
Section 8. Caption
Section 9. Frivolous or Dilatory Appeal
Section 10. Withdrawal of Appeal
Section 11. When Appeal is Submitted for Decision
Section 12. Period to Decide Appeal
Section 13. Finality of Decisions/Resolutions
Rule XV
Judicial Review
Section 1. Appeal to the Court of Appeals
Section 2. Findings of Fact: Final and Conclusive
Section 3. No Restraining Order or Preliminary
Injunction
Rule XVI
Relief from Decision/Resolution/Final Order
Section 1. Petition for Relief from
Decision/Resolution/Final Order
Section 2. Form and Time of Filing of Petition
Section 3. Answer
Section 4. Procedure AIaSTE
Rule XVII
Preliminary Injunction/Supervision of Harvest
Section 1. Preliminary Injunction, When Granted
Section 2. No Injunction to Restrain Tilling or
Harvesting
Section 3. Temporary Restraining Order
Section 4. Supervision of Harvest
Rule XVIII
Direct and Indirect Contempt
Section 1. Direct Contempt
Section 2. Indirect Contempt
Section 3. Appeal from Indirect Contempt
Rule XIX
Preliminary Determination of Just Compensation
Section 1. Principal Role of Adjudicator
Section 2. By Whom Conducted
Section 3. Order for Submission of Evidence,
Position Papers and Notice of Hearing
Section 4. Failure to Comply with Above Order
Section 5. When Resolution Deemed Final
Section 6. Filing of Original Action with the
Special Agrarian Court for Final Determination
Section 7. Notice of Resolution
Section 8. Return of Claim Folder
Section 9. Execution of Judgments for Just
Compensation which have Become Final and Executory
Rule XX
Execution
Section 1. Execution upon Final Order or Decision
Section 2. Execution Pending Appeal
Section 3. Execution When Issued; Exception
Section 4. Execution by Motion or by Independent
Action
Section 5. Execution in Case of Death of Party
Section 6. Issuance, Form, and Contents of a Writ
of Execution
Section 7. Judgment for Specified Acts Vesting
Title
Section 8. Return of Writ of Execution
Section 9. Property Exempt from Execution
Section 10. How Execution for the Delivery or
Restitution of Property Enforced cASEDC
Section 11. Removal of Improvements on Property
Subject of Execution
Section 12. Effect of Judgment or Final Order
Rule XXI
Board Regulations
Section 1. Internal Business
Section 2. Assignment of Cases
Section 3. En Banc Meeting
Section 4. Presiding Officer
Section 5. Hearing and Pronouncement of a Decision/Resolution/Final
Order
Rule XXII
The Board Secretariat
Section 1. The Board Secretariat
Section 2. Filing of Pleadings and Documents
Section 3. Custody of the Seal and Books of the
Board
Section 4. Access to the Board Records
Section 5. Calendar, General Docket, and Other
Books of the Board
Section 6. Releasing of Communication, Issuances
and Other Matters
Section 7. Issuance of Certified True Copies
Rule XXIII
Other Fees, Charges and Costs
Section 1. Payment of Fees
Section 2. Filing Fees
Section 3. Legal Fees
Section 4. Where Fees to Be Paid
Section 5. Sheriffs, and Other Persons Serving
Processes
Section 6. Stenographers
Section 7. Costs
Section 8. Costs in Actions or Proceedings
Section 9. Dismissal of Action or Appeal
Section 10. Attorney's Fees as Costs
Section 11. Costs When Witness Fails to Appear
Section 12. Government is Exempt ETIHCa
Rule XXIV
Miscellaneous Provisions
Section 1. Transitory Provisions
Section 2. Separability Provisions
Section 3. Repealing Clause
Section 4. Effectivity Clause
THE 2009 DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD RULES OF
PROCEDURE
Pursuant to the provisions of Section 49 and 50
of Republic Act (R.A.) No. 6657 as amended by R.A. No. 9700 and Section 34 of
Executive Order (E.O.) No. 129-A in relation to Section 13 thereof, the
following rules governing the conduct of proceedings before the Department of
Agrarian Reform Adjudication Board (DARAB) and its Regional and Provincial
Adjudication Offices, are hereby adopted and promulgated.
RULE I
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
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 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 or estoppel.
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.
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
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 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;
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 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.
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 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 facie proof of the
facts indicated therein. Service by registered mail is completed upon receipt
by the addressee, his counsel, or by his duly authorized representative or
agent.
SECTION 7. Substituted
Service. — If service of pleadings, motions, notices, and resolutions,
orders and other papers cannot be made under the preceding sections, the office
and place of residence of the party or his counsel being unknown, service may
be made by delivering the copy to the Clerk of the Adjudicator or the Board,
with proof of failure of both personal service and service by mail. The service
is complete at the time of such delivery.
RULE 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
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.
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 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 counsel de 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.
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
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.
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.
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
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 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
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 Adjudicator a quo and shall
form part of the records of the case.
Non-compliance with the foregoing shall be a
ground for dismissal of the appeal.
SECTION 2. Grounds.
— The aggrieved party may appeal to the Board from a final order, resolution or
decision of the Adjudicator on any of the following grounds 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.
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 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 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 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.
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:
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.
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 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 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
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.
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.
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.
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:
1. On
the first Four Thousand Pesos (PhP4,000.00), four per centum (4%); and
2. On
all sums in excess of Four Thousand Pesos (PhP4,000.00), two per centum (2%).
In addition to the fees herein above fixed, the
party requesting for the issuance of any process whether preliminary,
incidental, or final, shall pay the sheriff's expenses in serving or executing
the process, or safeguarding the property levied upon, attached or seized,
including actual travel expenses by the regular means of transportation, guards'
fees, warehousing and similar charges, in an amount estimated by the Sheriff,
subject to the approval of the Board or Adjudicator. Upon approval of said
estimated expenses, the interested party shall deposit such amount with the
Clerk-of-the-Board and ex-officio Sheriff, who shall disburse the same
to the Sheriff assigned to effect the process. Any unspent amount shall be
refunded to the party making the deposit. A full report shall be submitted by
the Sheriff assigned with his return and the Sheriff's expenses shall be taxed
as cost against the losing party. 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.
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.
THE DAR ADJUDICATION BOARD:
(SGD.) NASSER C.
PANGANDAMAN
Secretary
Chairman
Chairman
(SGD.) GERUNDIO C.
MADUEÑO
Undersecretary, PPEAO
Ex-officio Member
Ex-officio Member
(SGD.) AMBROSIO B. DE
LUNA
Undersecretary, LAO
Ex-officio Member
Ex-officio Member
(SGD.) EDGAR A. IGANO
Assistant Secretary, LAO
Vice-Chair
Vice-Chair
(SGD.) MA. PATRICIA P.
RUALO-BELLO
Board Member III
(SGD.) JIM G. COLETO
Board Member III
(SGD.) ARNOLD C. ARRIETA
Board Member III