faqs on darab & ali.pdf

8/20/2019 FAQs on DARAB & ALI.pdf

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FAQs on:

DEPARTMENT OF AGRARIAN REFORM

Diliman, Quezon City. Philippines

Rules and Procedures of

DARAB and ALI


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2 Department o Agrar an Reorm

The Quasi - Judicial Powers of DAR

What do they mean when they say DAR hasquasi- judicial powers?

As a quasi-judicial body the Department of AgrarianReform (DAR) has the power to hear, determine

questions of fact to which the legislative policy is toapply and to decide in accordance with the standardslaid down by the law itself.

What is the basis for the DAR’s quasi- judicial power?

Section 50 of Republic Act (RA) 6657 (1988) and Supreme Court Administrative CircularNo. 29-2002 state that the DAR is vested with primary jurisdiction to determine andadjudicate agrarian reform matters and shall have exclusive original jurisdiction overall matters involving the implementation of agrarian reform, EXCEPT those falling

under the exclusive jurisdiction of the Department of Agriculture (DA) and theDepartment of Environment and Natural Resources (DENR).

What are the quasi- judicial powers of the DAR?

As a quasi- judicial body, DAR is vested with:

Pr im a r y Ju r i sd i c t i on to determine and adjudicate all agrarian disputes or matters EXCEPT those pertaining to the determination of just compensation and resolution of

criminal offenses arising from the implementation of agrarian laws.

Exclus i ve o r ig in a l ju r i sd i ct i on over all matters involving the implementation ofagrarian reform, EXCEPT those falling under the exclusive jurisdiction of theDepartment of Agriculture (DA) and the Department of Environment and NaturalResources (DENR).

App e l l a t e j u r i sd i c t i on to hear appeals of all Agrarian Law Implementation (ALI) cases,and to order reversal or other correction, if error is found. (Admin is tra t ive Order No. 3 (2003),Rule II, Sec. 10 )

How does DAR exercise its quasi- judicial power?

Quasi- judicial functions of DAR are being carried out at the provincial, regional,national levels by the Provincial and Regional Agrarian Reform Adjudicators, and DARAdjudication Board (DARAB) under the Office of the Secretary. (Execut i ve Order No. 129 - A(198 7), Sec. 13)

“Just i c e a nd po we r must be

brought toge ther , so tha

w ha teve r is just m a y b e p ow erfu

and wha tever is po we rf u l m a y be

ju st .”

Blaise Pascal


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What is the essence of DAR’s quasi- judicial powers?

The quasi- judicial powers of DAR strongly support and adhere to justice and equity for

all. This is evident through the following substantive provisions of the DARAB rules:

Justice and privileges for pauper litigants. Rule V, Sec. 2 provides a concession andadvantage for those agrarian reform beneficiaries (ARBs) who have little or no means ofpaying the filing fees and other expenses.

Unapplicability of the technicalities of law and procedure to agrarian cases. Rule I,Sec. 3 and Rule X Sec. 1 directs the DARAB to employ all reasonable means toascertain the facts of every case without regard of the technicalities of law.

Social Justice oriented. Rule X, Sec. 7 strongly supports the ARBs, so that in cases ofdoubt in the interpretation of the rules, the resolution of the cases shall be in favor ofthe ARBs.

Territorial jurisdiction. Rule II, Sec. 4.2 and Rule X, Sec. 8 decentralizes the powersand functions of the Adjudication Board at the regional and provincial level to allowmore cases to be heard at any given time, at the least expense for the litigants.

Expediency and less cost. Rule III, Sec. 2 & 5 allows litigants to file complaint orpetition with the Municipal Agrarian Reform Officer (MARO).

Conciliation and mediation at the lowest level possible. Rule X, Sec. 8 ensures that anissue is clarified to the satisfaction of both parties at the lowest level possible tolessen the burden and difficulties of both parties involved.

Unextendible period of promulgating decision. Rule X, Sec. 9 and R.A. 6657 (1988),Sec. 51 provide 30-day period of rendering decision on the merit of the case and itshall be final after the lapse of 15 days from receipt of a copy of the decision or

ruling.

Appearance of non-lawyer may be allowed. Rule VIII, Sec. 1 & 3 and Rule X, Sec 8allows non-lawyer who understands the law to appear before the DAR to enableservices of friends, relatives or concerned citizens at little or no expense.


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Liberal interpretation of facts and issues. Rule I, Sec. 2 enables/provides greatervariation from the standard dimensions of justice.

Is there a difference between the DAR and a regular court’s handling of agrarianmatters/disputes?

Yes. In the exercise of the DAR’s jurisdiction over agrarian matters, the DAR is notbound by technical rules of procedures and evidence but can proceed to hear anddecide all cases, disputes or controversies in a most expeditious manner, employingall reasonable means to ascertain the facts and the merits of the case in accordancewith justice and equity. Republic Act No. 6657 (1988), Sec. 50

The DAR adopts its own procedures in handling agrarian cases based on R.A. 6657(1988); DAR Administrative Order No. 3 (2003) for ALI cases; and DARAB Rules ofProcedure (2003) for DARAB cases.

While in the regular court, the governing procedure of the Rules of Court is applied.

Is agrarian dispute and agrarian administrative matter the same?

No. Agrar ian Dispute is classified as a DARAB case and falls under the exclusiveoriginal jurisdiction of the DARAB and its Regional or Provincial Agrarian ReformAdjudicators (RARAD/ PARAD).

Agrar ian Admin is t ra t ive Mat te r is classified as an ALI case and falls under the jurisdiction of the DAR Secretary or his/ her authorized representative and the Regional

Director (RD).

Jurisd ic tion o f D


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What type of issues, problems or misunderstanding can DAR help settle throughDARAB?

The DAR Adjudicator has the primary and exclusive original jurisdiction to determineand adjudicate the following cases:

DARAB CASES

Determination of title to agricultural lands where this issue is raised in an agrariandispute by any of the parties or a third person in connection with the possessionthereof for the purpose of preserving the tenure of the agricultural lessee or actualtenant-farmer or farmer-beneficiaries; and affecting the ouster of the interloper orintruder in one and the same

Annulment or cancellation of lease contracts of deeds of sale or their amendmentsinvolving lands under the administration and disposition of the DAR and LBP; as

well as EPs issued under PD 266, Homestead Patents, Free Patents, and miscellaneoussales patents to settlers in settlement and resettlement areas under theadministration and disposition of the DAR;

Rights and obligation of persons, whether natural or juridical, engaged in themanagement, cultivation, and use of all agricultural lands covered by RA 6657, andother related agrarian laws. This also includes review of leasehold rentals;

Annulment or cancellation of lease contracts or deeds of sale or their amendmentsinvolving lands under the administration and disposition of the DAR or LBP; as well as

Emancipation Patents (EPs) issued under PD 266, Homestead Patents, Free Patents,and miscellaneous sales patents to settlers in settlement and re-settlement areasunder the administration and disposition of the DAR;

Boundary disputes over lands under the administration and disposition of the DAR andthe LBP, which are transferred, distributed, and/or sold to tenant-beneficiaries andare covered by deeds of sale, patents, and certificates of title;

Cases involving the collection of amortizations on payments for lands awarded under

PD 27, as amended, RA 3844, as amended, and RA 6657, as amended, and otherrelated laws, decrees, orders, instructions, rules, and regulations, as well as paymentfor residential, commercial, and industrial lots within the settlement andresettlement areas under the administration and disposition of the DAR;

Acquired lands under PD 27 and the Comprehensive Agrarian Reform Program (CARP)for preliminary administrative determination of reasonable and just compensation;


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Sale, alienation, pre-emption, and redemption of agricultural lands under the coverageof the CARL or other agrarian laws;

E jectment and dispossession of tenants and or leaseholders, exclusive jurisdiction ofthe defunct Court of Agrarian Relations under Section 12 of PD 946 except thosecases falling under the proper courts or other quasi- judicial bodies; and

Secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs)and EPs which are registered with the Land Registration Authority, and those casesinvolving correction, partition, disputes, matters or concerns referred to it by the DARSecretary.

What types of cases can be brought to the DAR Office of the Secretary?

The Office of the Secretary has the power to recognize the following ADMIN CASES,otherwise known as Agrarian Law Implementation (ALI) cases.

ADMIN CASES

Application for exemption from coverage under Section 10 of RA 6657; andapplication for exemption pursuant to Department of Justice (DOJ) Opinion No. 44(1990);

Determination of rights of ARBs such as: disposition of excess area of thetenant’s/ farmer-beneficiary’s landholdings; rights to homelots; and rights ofretention by landowner.

Matters or concerns referred to it by the Secretary of the DAR;

Identification and classification of landholdings for coverage under the agrarian reformprogram and the initial issuance of CLOAs and EPs, including protests or oppositionsthereto and petitions for lifting of such coverage and identification, classification,inclusion, exclusion, qualification, or disqualification of exclusion, qualification, ordisqualification of potential/actual farmer-beneficiaries; Issuance of Certificate ofExemption for land subject of Voluntary Offer to Sell (VOS) and Compulsory

Acquisition (CA) found unsuitable for agricultural purposes;

Not yet registered documents with the Register of Deeds such as Certificates of LandOwnership Awards (CLOAs); and recall, or cancellation of provisional lease rentals,Certificates of Land Transfers (CLTs) and CARP Beneficiary Certificates (CBCs) in casesoutside the purview of Presidential Decree (PD) No. 816, including the issuance,recall, or cancellation of EPs or CLOAs;


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Conflict of claims in landed estates administered by DAR and its predecessors;

Application for conversion of agricultural land to residential, commercial, industrial,or other non- agricultural uses and purposes including protests or oppositionsthereto;

Subdivision survey of land under Comprehensive Agrarian Reform Program (CARP);

Exclusion from CARP coverage except agricultural land used for livestock, swine, andpoultry raising and exemption/exclusion of fishpond and prawn from the coverage ofCARP pursuant to RA 7881; and

Settlements administered by DAR and its predecessors involving conflict of claims.

What are the types of cases and who is the authority responsible in adjudicatingand deciding these cases?

Authority Type of Cases

BARC Chairman/MARO All AR matters/disputes for mediation/ conciliation

Provincial Agrarian Reform Officer(PARO)

Clearance to transfer agricultural land

Office of the Secretary Office of thePresident Court of Appeals

Appellate jurisdiction over all ADMIN CASES/ALI cases

DAR Secretary (appellate jurisdiction)Regional Director (primary jurisdiction)

Protest or petitions to lift CARP coverage, Rights of FBs,Identification of FBs, Initial Land Valuation, Determination ofProvisional Lease Rentals, Land Use Conversion, Cancellation of

CLOA and EP not yet registered, and clearance to transferagricultural Land (PARO may decide)


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Authority

Type of Cases

DAR Secretary/OSEC Land Use Conversion (5 has. above), Exemption due to reclassification (5has. above), Prejudicial issue, and Flashpoint cases

DAR Secretary/ Adjudicators (RARADsand PARADs)

Determining the landowner tenant relationship, Tenant ejectmentBoundary disputes, Lease rentals, Inheritance succession, Sale,alienation, mortgage, foreclosure, preemption, redemption of agriculturalands covered by CARP and other agrarian laws, Issuance, correction andcancellation of CLOA and EP registered with the Land Registration Authority, and Prejudicial issue

DARAB Central (as appellate body) Review of decisions of adjudicators; and original jurisdiction is lodged withthe Board to hear, determine, and adjudicate all agrarian cases anddisputes arising within their assigned territorial jurisdiction

RARAD Direct supervision over PARAD; Concurrent or original jurisdictionwith the Board

Special Agrarian Court (Original and exclusive jurisdiction)

Determination of just compensation for landowners; and Prosecution of acriminal offenses

Court of Appeals (CA) Supreme Court (SC) Appellate jurisdiction over agrarian cases decided by D ARAB

What is considered as a Flashpoint Case?

Flashpoint Cases are Agrarian Law Implementation (ALI) cases duly determined andcertified by the DAR Secretary or his/her Head Executive Assistant (HEA) in accordancewith the criteria and procedures provided in DAR Memorandum Circular No. 13 (1997),

to give utmost priority to the resolution of the case.

These cases are under the jurisdiction of the Regional Director or the Bureau ofAgrarian Legal Assistance (BALA) Director.


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When does an ALI case become a Flashpoint case?

An ALI case is certified as Flashpoint case when it is:

Threatening to disrupt the status quo in a particular area;

Endangering the life and limb of individuals as a result of the use of force from eitherthe landowners’ side or farmer-beneficiaries’ side or other parties;

Massive pickets or which may immediately result in concerted mass actions either inthe DAR Central Office, in the field offices or at the site of the conflict; or

Assigned by the DAR Secretary for immediate resolution.

What are the key steps in the resolution of a Flashpoint case?

Appellant DAR Official

Step 1: Issuance of an Order to Head of Office/Unit concerned

Step 2: Transmittal of Case Records to SCS Director’s Office

Step 3: Issuance of Notice for Submission of Position Paper andDocumentary Evidence

Step 5: Conduct of clarificatory hearing, conciliation/ mediation orocular inspection (when appropriate

Step 4: Submission to SCS

Step 6: Case ruling or submission of Recommendation


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Who has the power to adjudicate specific agrarian reform cases?

DARAB (Department of Agrarian Reform Adjudication Board) is given the powers andfunctions to Adjudicate specific agrarian reform cases.

What are the limitations of the DARAB?

DARAB has no jurisdiction on matters which strictly involve the following cases:

Cr im ina l o f f enses . Prosecution of criminal offenses, even if it is agrarian related cases. This can be filed directly to the regular courts or Special Agrarian Courts (SAC).

Step 7: Appeal to ASEC for PPLAO

Step 8: Transmittal to Office of the Secretary

Step 9: Decision of the Case

Step 10: Certificate of Finality

Step 11: Execution of Decision


Pa thwa ys towa rd s AR Justic e: DAR


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Admin is t ra t i ve implementa t ion of RA 6657 and other agr ar ian laws. These are withinthe exclusive jurisdiction of the Secretary of DAR. RA 6657, Sec. 49

Non - Tenancy r elated issue. DARAB cannot rule when issue is not tenancy related caseor no tenancy relationship between the parties.

Just com pensat ion . Determination of just compensation for landowners can be fileddirectly to the SAC.

What is the case flow process of DARAB?

Companant A u cator

Step 1: Acquire BARC Certification

Step 2: Report of Settlement at BARC

Settled Unsett led

Step 3: Return the unsettled case

Step 4: Filing complaint before the Adjudicator

Step 5: Issue Order directing complainant tocomply with the requirements of filingCertification

Step 6: Service Pleadings, Notices and Resolutions


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When does an order, ruling or decision become final?

The order, ruling or decision shall be final after the lapse of fifteen (15) days fromreceipt of a copy thereof.

How much is the filing fee for a case pleading to DAR?

A filing fee of Seven Hundred Fifty (Ph750.00) Pesos plus a legal research fee of TwentyPesos (Ph20.00) shall be charged for any petition or complaint filed with theAdjudicator or the Board, as an original action. The fees shall be paid by the partyconcerned to the DAR Cashier or its counterpart offices at the time of filing. DARABRules of Procedures (2003), Rule XXIII, Sec. 2

The pauper litigant is exempted from the payment of the filing fees.

Can we appeal the decision, order, or ruling made by the DAR Secretary/ DARAB?

Yes. Section 54 of RA 6657 states that any decision, order, award or ruling of the DARon any agrarian dispute or on any matter pertaining to the application,implementation, enforcement, or Interpretation of this Act and other pertinent lawson agrarian reform may be brought to the Court of Appeals by certiorari except asotherwise provided in this Act within fifteen (15) days from receipt of a copy thereof.

The findings of fact of the DAR are final and conclusive if based on substantialevidence.

Step 7: Issuance of summons & notices of hearing

Step 8: File answer to the complaint & submission ofevidence

Step 9: Issue order setting the date of initial preliminaryconference

Step 11: Preliminary Conference

Step 10: Filing of Reply

Step 12: Second Preliminary Conference

Step 13: Notice of Decisions/Orders


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What are the grounds for filing an appeal?

One can file an appeal if there are errors in the findings of fact or conclusions of laware committed which if not corrected, would cause grave and irreparable damage orinjury to the appellant; or the order, resolution, or decision was obtained throughfraud or coercion.

How long will it take to act/ decide on an appeal to DARAB?

The Board renders its decision on appeal before it, as much as possible, within thirty(30) days upon receipt of the Notice of Appeal and the records of the case transmittedby the Adjudicator.

Decision or order of the Board becomes final after the lapse of fifteen (15) days fromreceipt of a copy by the counsel or representative or by the party himself.

If copy of the decision cannot be served personally or by mail and publication, thedecision shall become final after the lapse of sixty (60) days from the date ofpublication. DARAB Rules of Procedures (2003) Rule XIV, Sec. 14.

What is the appeal process of DARAB?

Step 1: File notice of appeal either oral/written

Step 2: Payment of Appeal Fee

Step 3: Transmittal of the appeal to the Board

Step 5: Docketing of cases

Step 4: Issue Order of transmittal of records

Step 6: Notify the Parties

Step 7: Issue appeal memorandum

Step 8: Decide Appeal

A u cator Companant


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Who has the authority to decide an ALI case?

An agrarian administrative matter or ALI case falls under the appellate jurisdiction ofthe DAR Secretary and primary jurisdiction of the Regional Director (RD).

Where initiatory pleading or application should be filed?

Without or prior to issuance of notice of CARP coverage the applicant/ petitioner mayfile his/her initiatory pleading or application before the RD or Provincial AgrarianReform Officer (PARO).

However, after the issuance of notice of coverage, the appellant should file his/herinitiatory pleading at the DAR Municipal Office.

Who is allowed to file a petition or protest to lift CARP coverage?

Only the real-party-interest may file a protest or petition to lift CARP coverage withinsixty (60) days from receipt of the notice of coverage or from publication date. Failureto file a protest/ petition within the period will be considered a waiver of the party’sright and will merit outright dismissal of the case.

Who notifies the concerned Farmer Beneficiaries/ occupants of the subject land ofthe initiation of the case?

The Municipal Agrarian Reform Officer (MARO) notifies all tenants, leaseholders,farmworkers, and occupants of the subject land of the initiation of the case.

The proof of notice to all persons above will be part of the case records.

Step 9: Furnish copy of the final decisions/resolutions

Step 10: Appeal to the Court of Appeals

A u cator Companant

Pa thwa ys tow a rds AR Justic e :


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Who conducts the investigation of ALI cases?

The PARO, or any Investigating Officer or Committee, which the RD may designate, willconduct the investigation and perform whatever is necessary to achieve a just,expeditious, and inexpensive disposition of the case. Administrative Order No. 3 (2003), Rule III,Sec. 18.5

Can the inspection team do an ocular inspection even if the party refuses tocooperate?

Yes. The ocular inspection should proceed with or without the presence of any partywho refuses to cooperate.

The team shall prepare an inspection report signed by all attending parties and BARCrepresentative/s. If anyone refuses to sign, reasons for such refusal must be noted.

A ellant DAR Official

Step 1: Filing of initiatory pleading, protest, orpetition to lift the CARP coverage

Step 2: Notify all parties on the initiatory pleading (iffiled at the DARMO) *Docketing, case brief &

transmittal of the case folder if filed at theDARPO or DARRO (w/ in 5 working days)

Step 3: Mediation and conciliation

Written report of the result of the mediation andconciliation to PARO & all parties concerned

What are the key steps in the resolution of an ALI case?


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When is a case or controversy decided by the appropriate authority?

RA 6657 (1988), Section 51 provides that “any case or controversy before it shall bedecided within thirty (30) days after it is submitted for resolution”.

The deciding authority will furnish a copy of decision directly to the parties as well asthe PARO, MARO, BARC, and all other DAR officials who took part in the case or whotake part in its execution or implementation.

Who renders the final decision of ALI case?

The Regional Director has the authority to render final decision of ALI cases. However,in cases where the DAR Secretary exercises its exclusive original jurisdiction, the DARSecretary has the final decision.

Step 4: Conduct of Investigations and attested written

summary of proceedings and substance ofevidence by the parties or their counsel

Step 5: Conduct of Ocular Inspection and initial report

Step 6: Submission of position papers

Submission of Recommendation by InvestigatingOfficer

Step 7: Promulgation of Decision copy furnish all parties

Step 8: Execution of Decision



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Can one disagree with the decision or resolution of an ALI case?

Yes. Unless the decision of the deciding authority is final, and may do so only within anon-extendible period of fifteen (15) days from receipt of the decision.

What will the losing party do if his/ her motion for reconsideration is reversed bythe deciding authority?

The losing party may perfect his/her appeal before the DAR Secretary (if the motion ison the decision/ order of the RD) or the Office of the President (if the motion is on thedecision/ order of the DAR Secretary) within a full but non-extendible period of 15 daysfrom receipt of the new decision.

What are the valid grounds for making an appeal?

One can file an appeal if there are serious errors in the findings of facts or conclusionof law which may cause grave and irreparable damage or injury to the appellant; or if

there is coercion, fraud, or clear graft and corruption in the issuance of a decision.

What will the appellant do in preparation for his/ her appeal?

The appellant shall submit an Appeal Brief to the Bureau of Agrarian Legal Assistance(BALA) within 10 days from perfection of the appeal copy furnished the adverse partyof the appellee and the Regional Director. Administrative Order No. 3 (2003), Section29

What is the a eal flow rocess of ALI case?

DAR Official Appellant/Appellee

Step 1: Filing of motion for reconsideration (within non-extendible period of 15 fays from receipt of thedecision)

Step 2: Ruling of the Motion for Reconsideration (within 30days from the filing date)

Step 3: Appeal before the DAR Secretary

Step 4:Appeal Pleadings (within 10 days from perfection

of the appeal)

Step 5: Submission of Comments by the Appellee


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Can an appellant appeal directly to the Court of Appeals?

Yes. The appellant can still elevate his/her appeal directly to the Court of Appeals or judicial forum, until and unless the judicial forum dismisses the appeal for failure toexhaust administrative remedies.

What are the procedures of appeal to the Court of Appeals?

Step 8: Appeal to the Office of the President

Step 9: Decision on the Appeal (anytime during thependency of the appeal

Step 6: Issuance of a Preliminary Order copy furnish allparties

Step 7: Submission of Recommendation

A ellant DAR Official

Step 1: Appeal to Judicial Forum

Step 3: Execution of Decision (upon completion of theCertificate of Finality)


Step 2: Finality of Decision (after the lapse of 15 daysfrom the receipt of an official copy of thedecision by the last recipient)


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When can we say that the order/decision is final and executory?

An order, decision, or resolution is final and executory when:

· All Parties have received the official copy of the order/decision/ resolution;

·

After the lapse of 15 days from the date receipt of the official copy of the order/decision/resolution;

· There is neither motion for reconsideration nor appeal of the order/decision/resolution.

When will the appellant receive the Certificate of Finality?

The appellant may receive the certificate of finality after five (5) days from the date offinality of a case from the Regional Director or deciding authority.

Who enforces the final order/ decision/ resolution?

Pursuant to AO No. 3 (2003), Sec. 36, upon completion of the certificate of finality, theRegional Director or deciding authority, upon motion or motu propio, issue a writ ofexecution ordering the MARO or appropriate DAR official to enforce the finalorder/decision/ resolution.

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Sou r ces:

BATAS Th e Par a lega ls’ Guid ebook on

Ag r a r i a n Ref o r m Laws - Vo lum e 6 ,

2 0 0 3

Produced by:

Bureau of Agrarian Reform Information and Education (BARIE)Communications Development Division (CDD)

faqs on darab & ali.pdf

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