DARAB RULES OF PROCEDURE

Rule IX Preliminary Conference

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After the last pleading or upon the receipt of BARC certification of non-settlement, preliminary conference
shall be scheduled. Once scheduled, proper notice shall be given to appropriate parties.
It is required that parties, or any of their counsels or authorized representatives are mandated to appear
during the preliminary conference, otherwise, the case will be decided based on the evidence in record.
Results during Preliminary Conference:
o Entering into Amicable Settlement:

Any agreement shall be reduced in writing in the language known to and spoken by the parties
and signed by them before the adjudicator.

For any other compromise, hearing will be scheduled to determine the authenticity and due
execution of the agreement. The order will have the effect of a judgment and is final and
executor.
o Failure to enter into Amicable Settlement:

The adjudicator shall settle any preliminary incidents and will set the dates of hearing.
Preliminary conference shall be recorded which shall control the subsequent proceedings of the case.

Rule X, Rule XI and Rule XII (Proceedings before the Adjudicators, Motions in General, Intervention)

The Adjudicator shall personally conduct the hearing. The proceedings before the Adjudicator shall be nonlitigious and the rules of admissibility and sufficiency of evidence shall not apply.
In the event that there is failure to enter into an amicable settlement, the Adjudicator shall require the parties
to submit their verified position papers within 30 days and make formal offers of evidence. Within 15 days
from receipt of the position papers, clarificatory hearings may be conducted.
Within 30 days after filing of verified position papers, the same must be decided on the merits within 30 days.
Any judgment, without appeal, shall be final within 15 days from the receipt of the copy thereof.

Motion for Reconsideration:

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May be filed within 15 days from receipt of notice of the order, resolution or decision of the Board or
Adjudicator.
Only 1 motion for reconsideration is allowed for each party and will be resolved expeditiously.
Should be filed with the attached proof of service, absent which, no motion shall be acted upon by the Board
or the Adjudicator.
This will interrupt the running of the period to perfect and appeal.
Grounds:
o That the findings of facts in the decision, order or resolution is not supported by substantial evidence;
o Conclusions are contrary to law.
Non-allowable Motions:
o Motion to declare a party in default
o All other motions before an Answer, except:

Motion to Dismiss based on (1) prescription, (2) lack of jurisdiction, (3) litis pendentia, (4)
prior judgment
o Motion for extension of time

Intervention:
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Any person who has a legal interest in the matter in litigation or in the success of either or both of the parties
may be allowed to intervene. Agrarian beneficiaries or identified beneficiaries and/or their associations shall
have the legal standing. The fact of their registration or non-registration shall not be used against them to
deny their legal standing.
How initiated?
o Before the Adjudicator makes and order, the intervenor may file a motion for leave to intervene, with
pleading in intervention and notice to all parties;
o Answer-in-intervention may be filed within 15 days from notice of order allowing the intervention
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
intervenors right may be fully protected in a separate proceeding.

Rule XIII Decisions/Resolutions/Final Orders

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Shall be in writing, prepared and signed by the Adjudicator and must completely state the finding facts and
the law and jurisprudence on which it is based;
It shall then be filed before the Regional or Provincial Clerk of the Adjudicator or the Board;
Copies will then be served upon the parties, their counsels, DAR and other government entities involved;
Notice of the decision will then be served upon the parties. If for any reason, the notice cannot be served, the
following may be done:
o Sent to the business address of the parties;
o Served through publication

Rule XIV Appeals

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May be taken when a decision, order or resolution has been made completely disposing of the case
Requirements: (non-compliance will be a ground for dismissal)
o Notice of Appeal with Appeal Memorandum, contains:

3 legible copies with proof of service to the affected parties and payment of appeal fee

Parties to the appeal must be indicated

Order or judgment appealed from

Material dates showing the timeliness of the appeal

o Copies of the Notice of Appeal are given to the opposing parties
o Payment of appeal fee of 1,000 to the DAR Cashier (pauper litigants are exempted from this
requirement)
Responsibilities of the Adjudicator in cases of Appeals:
o Issue and order indicating whether the appeal is perfected or not;
o Notification of the Board to the parties of the fact of appeal;
Withdrawal of Appeal, allowed (at any time prior to the promulgation of resolution, order or decision)

Perfection of Appeal
Notification to the parties
Require the appellee to submit memorandum
within 15 days
Board renders judgment
rendering of decision 30 days after filing of its submission
Decision
shall become final and executory after 15 days from receipt of decision thereof
Service of notice of decision (if service is through publication, judgment will be final and executor after 60 days from
receipt)

Rule XV Judicial Review

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May be made on any matter pertaining to the application, implementation and enforcement of agrarian reform
laws, rules and regulations
May be brought within 15 days from receipt of the order.
Findings of facts, if based on substantial evidence are final and conclusive.
No court, other than the Supreme Court, may order a restraining order or order a writ of preliminary
injunction against the Board or its Adjudicators.

Rule XVI Reliefs from Decisions/Orders/Resolutions

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Petition for Relief, grounds:

o The decision, order or resolution has been procured through fraud, accident, mistake, and excusable
negligence
o Such party do not have any adequate relief available in the course of law
Petition for Relief, requirements:
o Verified petition
o Copies to the parties
o Filing within 60 days from the time the cause of action accrued and within 6 months from the
promulgation of order, resolution or decision
o Affidavits and supporting documents
o Proof of service, otherwise, the petition will not be entertained
Petition for Relief, answer:
o Must be filed within 15 days from receipt of said order
o Must be sufficient in form and substance
Results:
Petition Denied
May be appealed

Petition Allowed
The Adjudicator will set aside the questioned decision, order or resolution
Proceed to hearing the principal case