THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD
(DARAB)
2003 RULES OF PROCEDURE
Pursuant to the provisions of Section 49 and 50 of Republic Act No. 6657 as
amended and Section 34 of Executive Order 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 Adjudicators,
are hereby adopted and promulgated.
RULE I
GENERAL PROVISIONS
SECTION 1. Title. These Rules shall be known as the Department of Agrarian
Reform Adjudication Board (DARAB) 2003 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 Adjudicators shall not be bound by technical rules of procedure
and evidence and shall proceed to hear and decide all agrarian cases, disputes,
or controversies in a most expeditious manner, employing all reasonable means
to ascertain the facts of every case in accordance with justice and equity.
3.1 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;
3.2 In the absence of any applicable procedural law and jurisprudence generally
applicable to agrarian disputes and in the interest of expeditious agrarian
justice and whenever practicable, 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.
SECTION 4. 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 ITS ADJUDICATORS
SECTION 1. Primary and Exclusive Original
Jurisdiction. The Adjudicator shall
have primary and exclusive original jurisdiction to determine and adjudicate
the following cases:
1.1 The rights and obligations of persons, whether natural or juridical, engaged
in the management, cultivation, and use of all agricultural lands covered
by Republic Act (RA) No. 6657, otherwise known as the Comprehensive Agrarian
Reform Law (CARL), and other related agrarian laws;
1.2 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);
1.3 The annulment or cancellation 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);
1.4Those cases involving the ejectment and dispossession of tenants and/or
leaseholders;
1.5 Those cases involving the sale, alienation, pre-emption, and redemption
of agricultural lands under the coverage of the CARL or other agrarian laws;
1.6 Those involving the correction, partition, cancellation, secondary and
subsequent issuances of Certificates of Land Ownership Award (CLOAs) and Emancipation
Patents (EPs) which are registered with the Land Registration Authority;
1.7 Those cases involving the review of leasehold rentals;
1.8 Those cases involving the collection of amortizations on payments for
lands awarded under PD No. 27, as amended, RA No. 3844, as amended, and RA
No. 6657, as amended, 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;
1.9 Those cases involving the annulment or rescission of lease contracts and
deeds of sale, and the cancellation or amendment of titles pertaining to agricultural
lands under the administration and disposition of the DAR and LBP; as well
as EPs issued under PD 266, Homestead Patents, Free Patents, and miscellaneous
sales patents to settlers in settlement and re-settlement areas under the
administration and disposition of the DAR;
1.10 Those cases involving boundary disputes over lands under the administration
and disposition of the DAR and the LBP, which are transferred, distributed,
and/or sold to tenant-beneficiaries and are covered by deeds of sale, patents,
and certificates of title;
1.11 Those cases involving the determination of title to agricultural lands
where this issue is raised in an agrarian dispute by any of the parties or
a third person in connection with the possession thereof for the purpose of
preserving the tenure of the agricultural lessee or actual tenant-farmer or
farmer-beneficiaries and effecting the ouster of the interloper or intruder
in one and the same proceeding; and
1.12 Those cases previously falling under the original and exclusive jurisdiction
of the defunct Court of Agrarian Relations under Section 12 of PD No. 946
except those cases falling under the proper courts or other quasi-judicial
bodies;
1.13 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 its 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. Agrarian Law Implementation Cases.
The Adjudicator or the Board shall have no jurisdiction over matters involving
the administrative implementation of RA No. 6657, otherwise known as the Comprehensive
Agrarian Reform Law (CARL) of 1988 and other agrarian laws as enunciated by
pertinent rules and administrative orders, which shall be under the exclusive
prerogative of and cognizable by the Office of the Secretary of the DAR in
accordance with his issuances, to wit:
3.1 Classification and identification of landholdings for coverage under the
agrarian reform program and the initial issuance of CLOAs and EPs, including
protests or oppositions thereto and petitions for lifting of such coverage;
3.2. Classification, identification, inclusion, exclusion, qualification, or
disqualification of potential/actual farmer-beneficiaries;
3.3. Subdivision surveys of land under CARP;
3.4. Recall, or cancellation of provisional lease rentals, Certificates of
Land Transfers (CLTs) and CARP Beneficiary Certificates (CBCs) in cases outside
the purview of Presidential Decree (PD) No. 816, including the issuance, recall,
or cancellation of EPs or CLOAs not yet registered with the Register of Deeds;
3.5. Exercise of the right of retention by the landowner;
3.6. Application for exemption from coverage under Section 10 of RA 6657;
3.7. Application for exemption pursuant to Department of Justice (DOJ) Opinion
No. 44 (1990);
3.8. Exclusion from CARP coverage of agricultural land used for livestock,
swine, and poultry raising;
3.9. Cases of exemption/exclusion of fish pond and prawn farms from the coverage
of CARP pursuant to RA 7881;
3.10. Issuance of Certificate of Exemption for land subject of Voluntary Offer
to Sell (VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural
purposes;
3.11. Application for conversion of agricultural land to residential, commercial,
industrial, or other non agricultural uses and purposes including protests
or oppositions thereto;
3.12. Determination of the rights of agrarian reform beneficiaries to homelots;
3.13. Disposition of excess area of the tenant's/farmer-beneficiary's landholdings;
3.14. Increase in area of tillage of a tenant/farmer-beneficiary;
3.15. Conflict of claims in landed estates administered by DAR and its predecessors;
or
3.16. Such other agrarian cases, disputes, matters or concerns referred to
it by the Secretary of the DAR.
SECTION 4. Role of the RARAD. The RARAD shall be the Executive Adjudicator
in his Region directly responsible to the Board. As such, he shall:
4.1. Exercise direct supervision over the PARAD which shall include, among
others, the monitoring of cases in his Region;
4.2. Receive, hear, and adjudicate agrarian disputes and land cases within
the Region;
He shall also hear the following cases:
4.2.1. Those cases that cannot be handled by the PARAD on account of inhibition
or disqualification;
4.2.2. Those matters of such complexity and sensitivity that the decision thereof
would constitute an important precedent affecting regional interest as may
be determined by the Board; and
4.2.3.Preliminary determination of just compensation; and
4.2.4Such other cases which the Board may assign.
4.3.Hear application for the issuance of a writ of preliminary injunction
and/or temporary restraining order as may be directed by the Board.
SECTION 5. 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 suspend the case 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 6. Powers. The Members of the Board and the Adjudicators are empowered
to summon witnesses, administer oaths, take testimony, require submission
of reports, compel production of books and documents and answers to interrogatories,
and to issue subpoena duces tecum, writs of possession, writs of execution,
and other writs to enforce its orders and decisions through their Sheriffs
or duly deputized officers.
For this purpose, whenever necessary, they shall direct the Philippine National
Police, the Armed Forces of the Philippines or any of their component units,
or other law enforcement agencies to assist in the enforcement and execution
of their decisions, orders, writs, and other processes.
RULE III
MEDIATION OR CONCILIATION AT BARANGAY LEVEL
SECTION 1. BARC Certification. The Board or its Adjudicators shall not take
cognizance of any agrarian case, dispute, or controversy, unless a certification
from the Barangay Agrarian Reform Committee (BARC) of the barangay where the
land involved is located is presented, to the effect that the dispute has
been submitted to it for mediation or conciliation without any success or
settlement, except that the said certification is not necessary in the following
cases:
1.1. preliminary determination of just compensation for land acquisition;
1.2. where the issue pertains to whether or not the parcel of land shall be
the subject of coverage under the Comprehensive Agrarian Reform Program (CARP);
1.3. where the Secretary of the DAR directly refers the matter to the Board
or Adjudicator; or
1.4. upon certification of the Municipal Agrarian Reform Officer (MARO) and
the DAR Technologist of the non-existence of the BARC or the inability of
the BARC to convene.
SECTION 2. Referral to BARC. If the filing of the complaint or petition is
not accompanied by the required BARC Certification the same shall be referred
to the BARC or DAR Technologist of the barangay where the land is located,
as stated in the complaint, through the MARO of the area, directing:
2.1. 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
2.2. The DAR Technologist 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 dismissal of the case before the Board or the Adjudicator.
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 or the PARO level, as the case may be,
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.
SECTION 2. Certification and Verification on Related Cases.
2.1. The complainant or petitioner shall certify under oath, in the complaint
or in a sworn certification annexed thereto and simultaneously filed therewith,
that:
2.1.1. he has not commenced any other action or filed any claim involving
the same land or issue in any court, tribunal or quasi-judicial agency;
2.1.2. hto the best of his knowledge, no such other action or claim is pending
therein;
2.1.3. 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;
2.1.4. 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;
2.2.In the event that the complaint or petition does not bear the Certification,
the Adjudicator shall issue an order directing complainant or petitioner to
comply with such requirement within ten (10) days from receipt of the Order.
2.3. Failure to file certification and verification of related cases within
the aforementioned ten (10) day period and/or subsequent discovery of commission
of forum-shopping may be grounds for summary dismissal. Dismissal for failure
to file certification and verification shall be without prejudice to re-filing.
SECTION 3. Amendment of Complaint or Petition. The complaint or petition
may be amended 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.
After the responsive pleadings have been served, amendments may be allowed
only upon motion filed with the Adjudicator, together with the amended petition
or complaint sought to be admitted, appropriately indicating such amendments
thereto and furnishing copies thereof to the adverse party.
SECTION 4. Venue.
4.1.All actions shall be brought before the Adjudicator of the province where
the land involved is located;
4.2. If the land is located or found in two or more provinces, the action shall
be brought before the Adjudicator concerned where the larger portion of the
land lies, unless for convenience, accessibility, and upon agreement of the
parties and upon approval of the RARAD, the venue shall be with the Adjudicator
of the other province;
4.3 However, upon motion of either of the parties and for compelling reasons,
the hearing of the case may be changed or transferred to another place within
or outside the Region by order of the RARAD or the Board.
SECTION 5. One Suit for a Single Cause of Action. A party may not institute
more than one suit for a single cause of action.
SECTION 6. Splitting a Single Cause of Action. If two or more suits are instituted
on the basis of a single cause of action, the filing of one or a judgment
upon the merits in any one is available as a ground for the dismissal of the
others.
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.
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. Unless proven otherwise by the adverse party,
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.
RULE VI
SERVICE OF PLEADINGS
SECTION 1. Service of Pleadings, Notices, and Resolutions.
1.1. The party filing the pleading subsequent to the complaint shall serve
the opposing party with a copy thereof in the manner provided for in these
Rules and proof of such service shall be filed with the records of the case;
and
1.2. 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.
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:
1.1 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
1.2 by leaving the copies at defendant's or respondent's office or regular
place of business with some competent person in charge thereof.
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 and in Filipino.
SECTION 2. By Whom Served. The summons and notice of hearing with the attached
copy of the complaint, petition, affidavit and documentary evidence, if any,
may be personally served by any DAR employee, including the Municipal Agrarian
Reform Officer (MARO) or any other personnel authorized by the Adjudicator
issuing the summons or by registered mail to the defendant or respondent within
two (2) days from the filing or return thereof, as the case may be.
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.
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.
The Order shall likewise contain a warning that failure to submit affidavits
upon the termination of the initial preliminary conference shall mean that
no additional affidavits may be filed by the parties.
However, even after the initial preliminary conference has been terminated,
affidavits may still be filed by the parties in cases where a party desires
to present additional witnesses, with leave of the Adjudicator.
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.
All affidavits required to be submitted under this Rule shall be sworn to
before the presiding Adjudicator, or in his absence, any other Adjudicator
or any other person authorized to administer oaths under the Revised Administrative
Code.
SECTION 10. Reply. A reply may be filed within five (5) days from service
of the pleading responded to.
RULE VIII
APPEARANCES
SECTION 1. Appearance. A lawyer appearing for a party is presumed to be properly
authorized for that purpose. A non-lawyer may appear before the Board or any
of its Adjudicators, if:
1.1. He represents himself as a party to the case;
1.2. 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 Chief Executive Officer of the organization;
1.3. He is a law student who has successfully completed his third year of the
regular four-year prescribed law curriculum and is enrolled in a recognized
law school's clinical legal education program approved by the Supreme Court.
His appearance pursuant to this rule shall be under the direct supervision
and control of a member of the Integrated Bar of the Philippines duly-accredited
by the law school. Any and all pleadings, motions, memoranda or other papers
to be filed must be signed by the supervising attorney for and in behalf of
the legal aid clinic.
1.4. He is a DAR employee 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 employee 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.
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 qualified DAR employees 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. Nature and Purpose. During the preliminary conference, the Adjudicator:
2.1. shall consider the possibility of an amicable settlement or of a submission
to alternative modes of dispute resolution;
2.2. may resolve and dispose of preliminary incidents related to the case;
and
2.3 take up other matters as may simplify and aid in the prompt disposition
of the case.
SECTION 3. 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 4. 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 5. 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 6. Proceedings during the Initial Preliminary Conference. The Adjudicator
shall, during the initial preliminary conference, endeavor to have the parties
reach an amicable settlement of the case.
In the event that the parties are able to agree on an amicable settlement
of the case, they shall execute a compromise agreement, which shall be subject
to the approval of the Adjudicator, in accordance with Section 8 of Rule X
hereof.
During the initial preliminary conference, the parties shall be given an opportunity
to file any supplemental affidavits or documents in support of their case.
However, in the event that the Adjudicator denies the compromise agreement
or the parties are not able to reach an amicable settlement of the case, the
Adjudicator shall set a second preliminary conference which shall be held
within fifteen (15) days after the issuance of the Order setting that date.
Upon termination of the initial preliminary conference, the parties and their
counsels shall be advised to evaluate the affidavits submitted and to be ready
to manifest during the second preliminary conference the names of the affiants
they wish to be subjected to clarificatory questioning and the names of persons
they wish to be summoned to appear.
SECTION 7. Proceedings during the Second Preliminary Conference. During the
second preliminary conference, the Adjudicator shall determine:
7.1.1. whether any of the parties intends to propound clarificatory questions
on any of the affiants/witnesses;
7.1.2. whether there is a need to issue the appropriate subpoena upon any witness
who refuses to execute an affidavit; and
7.1.3. the dates of subsequent hearings for the purpose of examining the witnesses.
Considering the summary nature of the proceedings, the Adjudicator, during
the second preliminary conference, shall set the number and dates for hearing
taking into account the factual issues which are controverted after an evaluation
of the affidavits and evaluation of the purpose for which witnesses are summoned
to appear.
In the event that a witness refuses to execute an affidavit, the party presenting
such witness shall, during the second preliminary conference, file a motion
for the issuance of the appropriate subpoena directing the person to appear
during the hearing.
SECTION 8. Record of Preliminary Conference. The proceedings in the conference
shall be recorded. Upon termination of the same, the Adjudicator shall issue
an order, which shall embody the matters taken up therein, and the date set
for the initial hearing of the case, if any.
The aforementioned order shall control the subsequent proceedings of the case,
subject to such modifications, which may be made to prevent manifest injustice.
RULE X
PROCEEDINGS BEFORE THE ADJUDICATORS
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. Hearing. If the parties fail to arrive at an amicable settlement,
in whole or in part, and the Adjudicator or the counsel for either or both
parties have clarificatory questions, the Adjudicator may, motu proprio or
upon motion of either or both the parties, proceed to hear the case.
No witness shall be allowed to testify unless his affidavit was previously
submitted to the Adjudicator during the initial preliminary conference except
as provided for in the last paragraph of Section 8, Rule VII hereof.
At the hearing, the affidavits submitted by the parties shall constitute the
direct testimonies of the witnesses who executed the same. Witnesses who testified
may be subjected to clarificatory questioning provided that a witness summoned
to appear in accordance with Section 7, Rule IX hereof may be subjected to
such clarificatory questioning even without submitting his affidavit.
Upon the admission of the documentary and testimonial evidence of the parties,
and the filing of the parties' respective verified position papers as provided
for in this Rule, the case or incident shall be deemed submitted for decision
or resolution.
SECTION 5. Verified Position Papers. In case the parties fail to arrive at
an amicable settlement of the case, and the Adjudicator or counsels for either
or both of the parties do not have any further clarificatory questions, no
hearing shall be conducted by the Adjudicator. However, in any case, whether
a hearing is conducted or not, the parties shall be required to simultaneously
submit their respective verified position papers within a period of ten (10)
days from receipt of an Order to that effect. At the option of the parties,
copies of the draft decision stored or saved in a diskette in a word-processing
format which is generally acceptable, may be filed with the Adjudicator.
If after the verified position papers have been filed, there appears a need
to conduct a clarificatory hearing, the Adjudicator may proceed to conduct
the same.
Upon filing of the verified position papers by both parties, or after the
clarificatory hearing shall have been concluded by the Adjudicator, as the
case may be, the case shall be deemed submitted for decision or resolution.
No additional affidavits or documents shall be allowed to be filed along with
the verified position paper, except in case of newly-discovered evidence.
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. 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 8. Settlement. At any stage of the proceedings, the Adjudicator or
the Board, as the case may be, shall exert all efforts and take positive steps
for the amicable settlement of the case.
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.
nbsp; 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 Adjudicator or the Board is satisfied
that it was voluntarily entered into by the parties and the same is not contrary
to relevant laws, rules, and regulations, and after having explained to them
the terms and consequences thereof.
The order or decision approving the Compromise Agreement shall have the effect
of a judgment on the case, which shall immediately be final and executory.
In all cases where the beneficiaries, tenant farmers, or farm-workers are
not assisted by a private counsel, the Adjudicator or the Board shall coordinate
with the proper office of the DAR to ensure that said parties are assisted
by a Lawyer or Legal Officer in arriving at a settlement.
SECTION 9. Period to Render the Decision. The Adjudicator shall render the
decision on the merits of the case within thirty (30) days after the filing
of the verified position papers or after the lapse of the period to file a
verified position paper without the same having been filed or after the clarificatory
hearing shall have been concluded by the Adjudicator.
SECTION 10. Award and Damages. The Adjudicator or the Board, in appropriate
cases, may award actual, compensatory, exemplary, and moral damages and attorney's
fees. The attorney's fees to be awarded should be reasonable.
SECTION 11. 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, or 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 12. Motion for Reconsideration. Within fifteen (15) days from receipt
of notice of the order, resolution, or decision of the Board or Adjudicator,
a party may move for reconsideration of such order, resolution, or decision
on the grounds that:
12.1 the findings of fact in the said decision, order, or resolution are not
supported by substantial evidence; or
12.2 the conclusions stated therein are contrary to law and jurisprudence.
The motion for reconsideration shall be filed together with proof of service
of a copy thereof upon the adverse party.
Only one (1) Motion for Reconsideration shall be allowed for each party.
The filing of a Motion for Reconsideration shall interrupt the period to perfect
an appeal. If the motion is denied, the aggrieved party shall have the remaining
period within which to perfect his appeal. Said period shall not be less than
five (5) days in any event, reckoned from the receipt of the notice of denial.
RULE XI
MOTIONS IN GENERAL
SECTION 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 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:
7.1. Motion to declare defendant or respondent in default or for a default
judgment;
7.2. All other motions filed before an Answer, except Motions to Dismiss on
the ground of prescription, lack of jurisdiction or failure to state a cause
of action, improper venue or when there is another action pending between
the same parties for the same cause or where the cause of action is barred
by a prior judgment;
7.3. Motion for extension of time to file an appeal, motion for reconsideration,
or 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.
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.
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 Orders. 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
and in Filipino.
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 in accordance with
Section 12, Rule IX by:
1.1 filing a Notice of Appeal with the Adjudicator who rendered the decision
or final order appealed from;
1.2 furnishing copies of said Notice of Appeal to all parties and the Board;
and
1.3 paying an appeal fee of Seven Hundred Pesos (PhP700.00) to the DAR Cashier
where the Office of the Adjudicator is situated or through postal money order,
payable to the DAR Cashier where the Office of the Adjudicator is situated,
at the option of the appellant.
A pauper litigant shall be exempt from the payment of the appeal fee.
Proof of service of Notice of Appeal to the affected parties and to the Board
and payment of appeal fee shall be filed, within the reglementary period,
with the Adjudicator a quo and shall form part of the records of the case.
Non-compliance with the foregoing shall be a ground for dismissal of the appeal.
SECTION 2. Grounds. The aggrieved party may appeal to the Board from a final
order, resolution or decision of the Adjudicator on any of the following grounds;
2.1 That errors in the findings of fact or conclusions of law were committed
which if not corrected, would cause grave and irreparable damage or injury
to the appellant; or
2.2 That the order, resolution or decision was obtained through fraud or coercion.
SECTION 3. Notice of Appeal. The Notice of Appeal shall:
3.1 be filed with the Adjudicator concerned in three (3) legible copies with
proof of service to the affected parties and the Board, and payment of appeal
fee unless appellant is a pauper litigant as provided for in Rule V hereof;
3.2 indicate the parties to the appeal;
3.3 specify the judgment or final order appealed from;
3.4 state the material dates showing the timeliness of the appeal; and
3.5 be filed with a certification as provided for in Section 2, Rule IV.
SECTION 4. Perfection of Appeal. An appeal is deemed perfected upon compliance
with Section 1 of this Rule.
A pauper litigant's appeal is deemed perfected upon the filing of the Notice
of Appeal in accordance with said Section 1 of this Rule.
SECTION 5. Motions After Filing of Notice of Appeal. Any motion, after the
filing of the Notice of Appeal and before the elevation of the case records
to the Board, shall be filed with the Board, attaching thereto a certified
copy of the decision of the Adjudicator, the Notice of Appeal and proof of
payment of appeal fee. A copy of the motion shall be furnished to the Adjudicator
and the opposing parties.
The Board may act on the motion regardless of whether or not the case records
have been elevated or transmitted to it.
SECTION 6. Transmittal of Appeal and Records. The Adjudicator concerned shall,
after the lapse of the reglementary period for perfecting an appeal and proof
of payment of appeal fee, 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.
If the records of the case are not received by the Board Secretariat within
thirty (30) days from receipt of a copy of the notice of appeal by the Board
in accordance with this Rule, the Board, motu proprio or upon motion of the
appellant, shall issue an order for the transmittal of such records.
SECTION 7. Docketing of Cases. Upon the receipt of the records of the case
on appeal together with proof of payment of the appeal fee, the Executive
Director of the Board Secretariat shall docket the case and notify the parties
thereof.
SECTION 8. Caption. In all cases appealed to the Board, the title shall remain
as it was before the Adjudicator but the party appealing shall be further
called the "appellant" and the adverse party the "appellee",
and the case shall be assigned a docket number.
SECTION 9. Appeal Memorandum. Within five (5) days from receipt of notice
of appeal, the Adjudicator shall issue an order either:
9.1 Stating that the appeal was not perfected in accordance with the rules;
or
9.2 stating that the appeal had been perfected and therefore the appellant
is required to file an appeal memorandum with the Board within ten (10) days
from receipt of such order, furnishing a copy thereof to the appellee and
his counsel who may reply thereto if he so desires, within the same period
of time from receipt of copy thereof.
At the option of the parties, they may also file a draft decision with the
Board together with a copy thereof stored or saved in a diskette in a word-processing
format which is generally acceptable.
After the filing of their respective appeal memoranda with the Board or the
lapse of the period within which to file the same, the case shall be deemed
submitted for resolution. In case no appeal memorandum has been filed within
the reglementary period, the Board may proceed to render judgment thereon
based on the records of the case.
SECTION 10. Frivolous or Dilatory Appeal. To discourage frivolous or dilatory
appeals, the Board shall fix and impose reasonable penalties, including, but
not limited to, fine or censure upon erring parties.
SECTION 11. 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.
SECTION 12. When Appeal is Submitted for Decision. The appeal shall be deemed
submitted for decision upon the filing of the last pleading or memorandum
as may be required or permitted to be filed by the Board, or upon the expiration
of the period for its filing.
SECTION 13. Period to Decide Appeal. The Board shall render its decision
on appeal before it, as much as possible, within thirty (30) days after its
submission.
SECTION 14. 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, or 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. 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 No. 6657.
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.
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.
In case where one or more persons claim rights adverse to the tiller on the
landholding in question, any order for supervision of the harvest shall provide
at least twenty-five (25% ) percent of the net harvest for the actual tiller.
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 SECTION 4. Assistance of Law Enforcement
Officers. The assistance of law enforcement officers may be enlisted to implement
the decisions, resolutions or orders issued by the adjudicators or the Baffidavits
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.
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 Two Hundred Pesos (P200.00),
or imprisonment of not exceeding ten (10) days or both.
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 on any of the grounds
and in the manner prescribed under Rule 71 of the Revised Rules of Court.
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 Adjudicator. The principal role of the Adjudicator
in the summary administrative proceedings for the preliminary determination
of just compensation is to inquire 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:
2.1 by the PARAD when the initial land valuation of the Land Bank of the Philippines
(LBP) does not exceed Five Million Pesos (PhP5,000,000.00); and
2.2 by the RARAD when the said valuation exceeds Five Million Pesos (PhP5,000,000.00).
Notwithstanding the foregoing, the Chairman of the Adjudication Board, in
his discretion, may designate the PARAD to conduct preliminary proceedings
of land valuation even in excess of Five (5) Million Pesos, if in his judgment,
the RARAD's case load becomes unmanageable and/or too voluminous.
The aforesaid amounts are subject to amendment by the Secretary of the DAR
through administrative issuances.
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 Adjudicator shall issue an order:
3.1 to the landowner, the LBP, the DAR officials concerned, the farmer-beneficiaries
and other interested parties, that they may examine the claim folder in the
Adjudicator's possession and to submit evidence, pertinent documents, and
their respective position papers and affidavits within thirty (30) days from
receipt of the order; and
3.2 notifying said parties of the date set for hearing on the matter.
Thereafter, the 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.
SECTION 5. Appeal. A party who disagrees with the resolution of the Adjudicator
may bring the matter to the Board by filing with the Adjudicator concerned
a Notice of Appeal within fifteen (15) days from receipt of the resolution.
The filing of a Motion for Reconsideration of said resolution shall interrupt
the period herein fixed. If the motion is denied, the aggrieved party may
file the appeal within the remaining period, but in no case shall it be less
than five (5) days.
The Adjudicator, upon receipt of the Notice of Appeal, shall transmit said
notice and the records of the case to the Board within fifteen (15) days from
receipt of such notice.
Upon receipt of the Notice of Appeal and the records of the case transmitted
by the Adjudicator, the Board may order the parties to submit their respective
memoranda. The petition shall be resolved by the Board within thirty (30)
days, as much as possible, from receipt of the memoranda or from the lapse
of the period within which to file the same.
At the option of the parties, a draft decision stored or saved in a diskette
in a word processing format which is generally acceptable may also be filed
with the Board.
In no case shall a writ of execution be issued by the Adjudicator of resolutions
or orders timely contested before the Board.
SECTION 6. When Resolution Deemed Final. Failure on the part of the aggrieved
party to contest the resolution of the Adjudicator within the aforecited reglementary
period provided shall be deemed a concurrence by such party with the land
valuation, hence said valuation shall become final and executory.
SECTION 7. Filing of Original Action with the Special Agrarian Court for Final
Determination. The party who disagrees with the decision of the Board may
contest the same by filing an original action with the Special Agrarian Court
(SAC) having jurisdiction over the subject property within fifteen (15) days
from his receipt of the Board's decision.
Immediately upon filing with the SAC, the party shall file a Notice of Filing
of Original Action with the Board, together with a certified true copy of
the petition filed with the SAC.
Failure to file a Notice of Filing of Original Action or to submit a certified
true copy of the petition shall render the decision of the Board final and
executory. Upon receipt of the Notice of Filing of Original Action or certified
true copy of the petition filed with the SAC, no writ of execution shall be
issued by the Board.
SECTION 8. Notice of Resolution. A copy of the resolution of the Board or
Adjudicator shall be sent to the landowner, the Land Bank of the Philippines,
the potential farmer beneficiaries, other interested parties, and their counsels.
SECTION 9. Return of Claim Folder. The Board or 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 Regional Agrarian Reform Officer
(RARO) concerned, copy furnished the LBP.
SECTION 10. Execution of Judgments for Just Compensation which have become
Final and Executory. The Sheriff shall enforce a writ of execution of a final
judgment for compensation by demanding for the payment of the amount stated
in the writ of execution in cash and bonds against the Agrarian Reform Fund
in the custody of the LBP in accordance with RA 6657, and the LBP shall pay
the same in accordance with the final judgment and the writ of execution within
five (5) days from the time the landowner accordingly executes and submits
to the LBP the corresponding deed/s of transfer in favor of the government
and surrenders the muniments of title to the property in accordance with Section
16(c) of RA 6657.
RULE XX
EXECUTION
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.
7nbsp;The Board or Adjudicator concerned may, upon certification by the proper officer
that a resolution, order or decision has been served to the counsel or representative
on record and to the party himself, and has become final and executory, and,
upon motion or motu proprio, issue a writ of execution ordering the DAR Sheriff
or any DAR officer to enforce the same. In appropriate cases, the Board or
any of its Members or its Adjudicator shall deputize and direct the Philippine
National Police, Armed Forces of the Philippines or any of their component
units or other law enforcement agencies in the enforcement of any final order,
resolution or decision.
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 Board or 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.
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:
5.1 In case of the death of the judgment obligee, upon application of his
executor or administrator, or successor in interest;
5.2 In case of the death of the judgment obligor, against his executor or
administrator or successor in interest;
5.3 In case of the death of the judgment obligor after execution is actually
levied upon any of his property, the same may be sold for the satisfaction
thereof, in the manner provided for by the Rules of Court and the officer
making the sale shall account for any surplus in his hands to the corresponding
executors or administrator.
&nbpsp;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.
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.
SECTION 9. Property Exempt from Execution. Except as otherwise expressly
provided by law, the following properties, and no other, shall be exempt from
execution:
9.1 the judgment obligor's family home as provided by law or, the homestead
in which he resides, and land necessarily used in connection therewith, unless
the family home or homestead is the subject matter of the dispute;
9.2 tools and implements necessarily used by him in his trade or employment;
9.3 beasts of burden necessarily used by him in his ordinary occupation;
9.4 his necessary clothing and articles for ordinary personal use, excluding
jewelry;
9.5 household furniture and utensils necessary for housekeeping, and used
for that purpose by the judgment obligor and his family, such as the judgment
obligor may select, of a value not exceeding One Hundred Thousand Pesos (PhP100,000.00);
9.6 provisions for individual or family use sufficient for four months;
9.7 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;
9.8 one (1) fishing boat and accessories not exceeding the total value of
One Hundred Thousand Pesos (PhP100,000.00), owned by any fishermen by the
lawful use of which he earns a livelihood;
9.9 so much of the earnings of the judgment obligor for his personal services
within the four (4) months preceding the levy as are necessary for the support
of his family;
9.10 lettered gravestones;
9.11 all moneys, benefits, privileges, or annuities accruing or in any manner
growing out of any life insurance;
9.12 the right to receive legal support, or money or property obtained as
such support, or any pension or gratuity from the government; and
9.13 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.
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:
12.1. 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;
12.2. In other cases, the judgment or order is, with respect to the matter
directly adjudged or as to any other matter that could have been raised in
relation thereto, conclusive between the parties and their successors in interest
by title subsequent to the commencement of the action, litigating for the
same thing and under the same title and in the same capacity; and
12.3. In any other litigation between the same parties or their successors
in interest, that only is deemed to have been adjudged in a former judgment
which appears upon its face to have been so adjudged, or which was actually
and necessarily included therein or necessary thereto.
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.
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 sessions 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 Member of the Board, shall act as
the Chairman 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.
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.
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 Seven Hundred Fifty (P750.00) Pesos
plus a legal research fee of Twenty Pesos (PhP20.00) shall be charged for
any petition or complaint filed with the Adjudicator or the Board, as an original
action.
The pauper litigant as stated in Section 2 of Rule V of these Rules is exempt
from the payment of the herein filing fees.
SECTION 3. Legal Fees. The following legal fees shall be charged and collected.
3.1. 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;
3.2. For every certificate not on process, Ten (P10.00) Pesos per page;
3.3. For every search of any record of more than one year outstanding and reading
the same, Fifteen (P15.00) Pesos.
SECTION 4. Where Fees to be Paid. The fees herein shall be paid by the party
concerned to the Department of Agrarian Reform (DAR) Cashier or its counterpart
offices at the time of filing or request. If the fees are not paid, the Board
or Adjudicator may refuse to take action thereon until they are paid except
as otherwise provided herein. For this purpose, the Department of Agrarian
Reform (DAR) Cashier or its counterpart offices shall segregate all fees collected
from its general fund and shall also maintain a separate Book of Account,
for all transactions covered hereunder.
SECTION 5. Sheriffs, and Other Persons Serving Processes.
5.1. For serving summons and copy of complaint, Thirty Pesos (PhP30.00) for
each defendant;
5.2. For serving subpoenas, Twenty-Four Pesos (PhP24.00) for each witness to
be served;
5.3. For serving a temporary restraining order, or writ of injunction, preliminary
or final, Sixty Pesos (PhP60.00);
5.4. For filing bonds or other instruments of indemnity or security in provisional
remedies, Twenty Four Pesos (PhP24.00) for each bond or instrument;
5.5. For executing a writ or process to place a party in possession of real
estate, One Hundred Twenty Pesos (PhP120.00);
5.6. For advertising sale, excluding the cost of publication, Sixty Pesos (PhP60.00)
Pesos;
5.7. For taking inventory of goods levied upon when the inventory is ordered
by the Board or its Adjudicator, One Hundred Twenty Pesos (PhP120.00) per
day of actual inventory work;
5.8. For levying on execution per personal or real property, Sixty Pesos (PhP60.00);
5.9. For money collected by him by order, execution, attachment, or any other
process, the following sums, to wit:
5.9.1. On the first Four Thousand Pesos (PhP4,000.00), four per centum (4%);
and
5.9.2. On all sums in excess of Four Thousand Pesos (PhP4,000.00), two per
centum (2%).
In addition to the fees herein above fixed, the party requesting for the issuance
of any process whether preliminary, incidental, or final, shall pay the sheriff's
expenses in serving or executing the process, or safeguarding the property
levied upon, attached or seized, including actual travel expenses by the regular
means of transportation, guards' fees, warehousing and similar charges, in
an amount estimated by the Sheriff, subject to the approval of the Board or
Adjudicator. Upon approval of said estimated expenses, the interested party
shall deposit such amount with the Clerk-of-the-Board and ex-officio Sheriff,
who shall disburse the same to the Sheriff assigned to effect the process.
Any unspent amount shall be refunded to the party making the deposit. A full
report shall be submitted by the Sheriff assigned with his return and the
Sheriff's expenses shall be taxed as cost against the losing party.
SECTION 6. Stenographers. Stenographers shall give certified transcripts
of notes taken by them to any party requesting for the same upon payment of
Seven Pesos (PhP7.00) 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 thirty-five Pesos (PhP35.00) 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 8. Costs. Cost may be allowed to the prevailing party but the Board
or the Adjudicator, as the case may be, shall have the power, for special
reasons, to adjudge that either party shall pay the costs of an action, or
that the same be divided as may be equitable. No costs shall be allowed against
the Republic of the Philippines unless otherwise provided by law.
SECTION 9. Costs in Actions or Proceedings. In any action or proceedings
before the Board or Adjudicator, the prevailing party may recover the following
costs:
9.1 For his own attendance and that of his attorney, down to and including
final judgment, One Hundred Twenty Pesos (PhP120.00);
9.2 All lawful fees charged against him by the Board or Adjudicator, in entering
and docketing the action and recording the proceedings and judgment therein
and for the issuance of all proceedings;
9.3 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
9.4 The legal fees of the Board or Adjudicator in an action may also be adjudged
against the defeated party, or apportioned as justice requires.
SECTION 10. 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 11. 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 12. Costs When Witness Fails to Appear. If a witness fails to appear
at the time and place specified in the subpoena issued by the Board or the
Adjudicator, the costs for the arrest of the witness shall be paid by the
witness if the Board or Adjudicator shall determine that his failure to answer
the subpoena was willful and/or without just excuse.
SECTION 13. 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
4SECTION 1. Transitory Provisions. These Rules shall govern all cases filed
on or after its effectivity. All cases pending with the Board and the Adjudicators,
prior to the date of effectivity of these Rules, shall be governed by the
DARAB Rules prevailing at the time of their filing.
SECTION 2. Separability of Provisions. If, for any reason, any portion or
provision of these Rules is declared unconstitutional or invalid by the Supreme
Court, no other provision of these Rules shall be affected thereby.
SECTION 3. Repealing Clause. The Revised DARAB Rules of 1994 and all DAR
Administrative Orders, Circulars and DAR Adjudication Board Resolutions promulgated
and issued prior to the effectivity of these Rules, that are inconsistent
herewith are hereby repealed and/or modified accordingly.
SECTION 4. Effectivity. These Rules shall take effect fifteen (15) days from
their publication in two (2) newspapers of general circulation.
Done and adopted on this _______, 2003 at Diliman, Quezon City, Metro Manila,
Philippines.
THE DAR ADJUDICATION BOARD:
HERNANI A. BRAGANZA
Secretary
Chairman
VIRGILIO R. DE LOS REYES EFREN C. MONCUPA
Undersecretary Undersecretary
Vice-Chairman Member
IANELA G. JUSI-BARRANTES AUGUSTO P. QUIJANO
Assistant Secretary Assistant Secretary
Member Member
LORENZO R. REYES ROEL ERIC C. GARCIA
Undersecretary Assistant Secretary
Member Member