Adjudication of Agrarian Reform Matters

What do they mean when they say DAR has quasi-judicial powers?

As a quasi-judicial body the Department of Agrarian Reform (DAR) has the power to hear, determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself.

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

Section 50 of Republic Act (RA) 6657 (1988) and Supreme Court Administrative Circular No. 29-2002 state that the DAR is vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, EXCEPT those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).

What are the quasi-judicial powers of the DAR?

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

• Primary Jurisdiction to determine and adjudicate all agrarian disputes or matters EXCEPT those pertaining to the determination of just compensation and resolution of criminal offenses arising from the implementation of agrarian laws.

• Exclusive original jurisdiction over all matters involving the implementation of agrarian reform, EXCEPT those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).

• Appellate jurisdiction to hear appeals of all Agrarian Law Implementation (ALI) cases, and to order reversal or other correction, if error is found. (Administrative Order No. 3 (2003), Rule II, Sec. 10)

How does DAR exercise its quasi-judicial power?

Quasi-judicial functions of DAR are being carried out at the provincial, regional, national levels by the Provincial and Regional Agrarian Reform Adjudicators, and DAR Adjudication Board (DARAB) under the Office of the Secretary. (Executive Order No. 129-A (1987), Sec. 13)

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

The quasi-judicial powers of DAR strongly support and adhere to justice and equity for all. This is evident through the following substantive provisions of the DARAB rules:

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

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

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

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

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

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

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

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

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

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

Yes. In the exercise of the DAR’s jurisdiction over agrarian matters, the DAR is not bound by technical rules of procedures and evidence but can proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts and the merits of the case in accordance with justice and equity. Republic Act No. 6657 (1988), Sec. 50

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

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

Is agrarian dispute and agrarian administrative matter the same?

No. Agrarian Dispute is classified as a DARAB case and falls under thive original jurisdiction of the DARAB and its Regional or Provincial Agrarian Reform Adjudicators (RARAD/PARAD).

Agrarian Administrative Matter is classified as an ALI case and falls under the jurisdiction of the DAR Secretary or his/her authorized representative and the Regional Director (RD).

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

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

ADMIN CASES

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

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

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

Identification and classification 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 and identification, classification, inclusion, exclusion, qualification, or disqualification of exclusion, qualification, or disqualification of potential/actual farmer-beneficiaries; Issuance of Certificate of Exemption for land subject of Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural purposes;

Not yet registered documents with the Register of Deeds such as Certificates of Land Ownership Awards (CLOAs); and 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;

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

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

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

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

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

Authority Types of Cases

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

Provincial Agrarian Reform Officer(PARO)

Clearance to transfer agricultural land

Office of the Secretary Office of thePresident Court of Appeals

Appellate jurisdiction over all ADMIN CASES/ALI cases

DAR Secretary (appellate jurisdiction)Regional Director (primary

jurisdiction)

Protest or petitions to lift CARP coverage, Rights of FBs,Identification of FBs, Initial Land Valuation, Determination ofProvisional Lease Rentals, Land Use Conversion, Cancellation ofCLOA and EP not yet registered, and clearance to transferagricultural Land (PARO may decide)

Authority Types of CasesDAR Secretary/OSEC Land Use Conversion (5 has. above),

Exemption due to reclassification (5has. above), Prejudicial issue, and Flashpoint cases

DAR Secretary/ Adjudicators (RARADsand PARADs)

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

Authority Types of Cases

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

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

Special Agrarian Court (Original and exclusive jurisdiction)

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

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

What is considered as a Flashpoint Case?

Flashpoint Cases are Agrarian Law Implementation (ALI) cases duly determined and certified by the DAR Secretary or his/her Head Executive Assistant (HEA) in accordance with the criteria and procedures provided in DAR Memorandum Circular No. 13 (1997), to give utmost priority to the resolution of the case. These cases are under the jurisdiction of the Regional Director or the Bureau of Agrarian Legal Assistance (BALA) Director.

When does an ALI case become a Flashpoint case?

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

• Threatening to disrupt the status quo in a particular area;• Endangering the life and limb of individuals as a result of the

use of force from either• the landowners’ side or farmer-beneficiaries’ side or other

parties;• Massive pickets or which may immediately result in concerted

mass actions either in• the DAR Central Office, in the field offices or at the site of the

conflict; or• Assigned by the DAR Secretary for immediate resolution.

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When does an order, ruling or decision become final?

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

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

A filing fee of Seven Hundred Fifty (Ph750.00) Pesos plus a legal research fee of Twenty Pesos (Ph20.00) shall be charged for any petition or complaint filed with the Adjudicator or the Board, as an original action. The fees shall be paid by the party concerned to the DAR Cashier or its counterpart offices at the time of filing. DARAB Rules of Procedures (2003), Rule XXIII, Sec. 2 The pauper litigant is exempted from the payment of the filing fees.

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

Yes. Section 54 of RA 6657 states that any decision, order, award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application, implementation, enforcement, or Interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from receipt of a copy thereof. The findings of fact of the DAR are final and conclusive if based on substantial evidence.

What are the grounds for filing an appeal?

• One can file an appeal if there are errors in the findings of fact or conclusions of law are committed which if not corrected, would cause grave and irreparable damage or

• injury to the appellant; or the order, resolution, or decision was obtained through

• fraud or coercion.

Who has the authority to decide an ALI case?

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

Where initiatory pleading or application should be filed?

Without or prior to issuance of notice of CARP coverage the applicant/petitioner mayfile his/her initiatory pleading or application before the RD or Provincial AgrarianReform Officer (PARO). However, after the issuance of notice of coverage, the appellant should file his/her initiatory pleading at the DAR Municipal Office.

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

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

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

The Municipal Agrarian Reform Officer (MARO) notifies all tenants, leaseholders, farmworkers, and occupants of the subject land of the initiation of the case. The proof of notice to all persons above will be part of the case records.

Who conducts the investigation of ALI cases?

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

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

Yes. The ocular inspection should proceed with or without the presence of any partywho refuses to cooperate. The team shall prepare an inspection report signed by all attending parties and BARC representative/s. If anyone refuses to sign, reasons for such refusal must be noted.

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

RA 6657 (1988), Section 51 provides that “any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution”. The deciding authority will furnish a copy of decision directly to the parties as well as the PARO, MARO, BARC, and all other DAR officials who took part in the case or who take part in its execution or implementation.

Who renders the final decision of ALI case?

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