Ammendments

DAR ADJUDICATION BOARD

RESOLUTION TO AMEND SECTIONS 2, 3, 5, 6, 7 AND 9 OF RULE XVIII, DARAB RULES OF PROCEDURE INCREASING THE FEES, COSTS AND CHARGES IMPOSED BY THE DARAB

Board Resolution No. 2001-01-01

        WHEREAS, the Department of Agrarian Reform (DAR) Secretary has issued DAR Memorandum Circular No. 15 dated December 21, 2000 pursuant to Executive Order No. 197 dated 13 January 2000, Executed Order No. 218 dated 15 March 2000, and DOF-DBM Joint Circular No. 2000-2 date 4 April 2000 revising the rates of fees and charges imposed by the DAR in order to ensure proper and uniform fees and charges for certain administrative services rendered by the Legal Service, Records Management Division and other offices of the DAR;

        WHEREAS, there is a need to amend Sections 2, 3, 5, 6, 7, and 9 of Rule XVIII of the DARAB Rules of Procedure in conjunction with DAR Memorandum Circular No. 15 issued by the DAR Secretary in order to ensure proper and uniform fees and charges for certain services rendered by the Department of Agrarian Reform Adjudication Board (DARAB);

        WHEREAS, it is proper and necessary that the fees, charges and costs enumerated under Rule XVIII of the DARAB Rules of Procedure be increased in order to meet the costs of rendering government services that have risen drastically and the government does not have sufficient resources to sustain, improve or expand these sources;

        WHEREFORE, the Board hereby resolved that;

     Sections 2, 3, 5, 6, 7, and 9 of Rule XVIII of the DARAB Rules of Procedure be hereby revised increasing the rates of fees, costs, and charges imposed by the DARAB to read as follows:

SECTION 2. Filing Fees. - A filing fee of Seven Hundred Pesos (P700.00) plus a legal research fee of Twelve Pesos (P 12.00) shall be charged for any petition or complaint filed with the Adjudicator or the Board as an original action.

     The pauper litigant as stated in Section 2 of Rule V of these Rules is exempt from the payment of the herein filing fees.

SECTION 3. Legal Fees. - The following legal 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 Pesos (P 7.00) per page;

b)        For every certificate not on process, Seven Pesos (P 7.00) per page;

c)        For every search of any record of more than one year outstanding and reading the same, Fifteen Pesos (P 15.00).

SECTION 5.   Sheriffs, and other persons serving processes.

a)      For serving summons and copy of complaint, for each defendant, Twenty Four Pesos (P 24.00); b)    For serving subpoenas for each witness to be served, Twelve Pesos (P 12.00);

c)    For serving a temporary restraining order, of writ of injunction, preliminary or final, Sixty Pesos (P 60.00);

d)    For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond, Twenty Four Pesos (P 24.00);

e)    For executing a writ of process to place a party in possession of real estate, One Hundred Twenty Pesos (P 120.00);

f)    For advertising a sale, besides cost of publication, Sixty Pesos (P 60.00);

g)    For taking inventory of goods levied upon when the inventory is ordered by the Board of its Adjudicator, One Hundred Twenty Pesos (P 120.00), per day of actual inventory work;

h)    For levying on execution on personal or real property, Sixty Pesos (P 60.00);

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 (P 4,000.00), four per centum               (4%); and

    2. On all   sums   in   excess   of   Four Thousand Pesos
          (P 4,000.00), 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 sheriffs’ 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 of 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, subject to liquidation within the same period for rendering a return on 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 Sheriffs expenses shall be taxed as costs against the losing party.

SECTION 6. Stenographers. Stenographers shall give certified transcript of notes taken by them to any party requesting the same upon payment of Seven Pesos (P7.00) for each page of not less than two hundred fifty (250) words.

SECTION 7.Witness Fees. Witnesses in any action in the Board or Adjudicator shall be entitled to Twenty Four Pesos (P 24.00) per day and actual travel expenses by the regular means of transportation.

   A witness shall be allowed such compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of the several cases or on which side of the case, if the witness Is summoned by both sides, to claim his attendance. A person who is compelled by the Board to attend its hearings shall be paid as a witness.

SECTION 9.Costs in Actions in Proceedings. In any action or proceeding 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, One Hundred Twenty Pesos (P 120.00);

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 or 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 Adjudication Board or Adjudicator in an action may also be taxed against the defeated party, or apportioned as justice requires." (amendments underlined)

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SECRETARY/CHAIRMAN

SGD. FEDERICO A. POBLETE		SGD. CONRADO S. NAVARRO
Undersecretary		Undersecretary
Board Member		Board Member


SGD. EDWIN C. SALES		SGD. AUGUSTO P. QUIJANO
Assistant Secretary		Assistant Secretary
Board Member		Board Member


SGD. FEDIRECO L. MELOCOTON JR.		SGD. WILFREDO M. PENAFLOR
Assistant Secretary		Assistant Secretary
Board Member		Board Member