RULE V

Parties and Caption

Complainant / Petitioner - has an interest in the matter; Defendant/ Respondent - has interest adverse
to the complainant/ petitioner
PAUPER LITIGANT:
A party who is an agricultural lessee, share tenant, actual tiller, amortizing owner-cultivator, farmworker, a member of any farmers organization, association, or a farmers cooperative shall be
entitled to the rights and privileges of a pauper litigant without further proof.

RULE VI
Service of Pleadings
SERVICE:
(1) personally; (2) registered mail; (3) if unable to serve personally or by mail, it 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.
RULE VII
Summons, Answer, and Submission of Evidence
PERIODS:
An answer or counter-affidavit must be filed within a non-extendible period of 15 days from receipt thereof. A
reply may be filed within 5 days from service of the pleading responded to.
NO DEFAULT:
There is no default upon failure to answer.
MOTION TO DISMISS; GROUNDS:
The defendant or respondent may incorporate in his answer a motion to dismiss on the ground of (a)
prescription, (b) lack of jurisdiction, (c) failure to state a cause of action, (d) improper venue or (e) when there
is another action pending between the same parties for the same cause or (f) where the cause of action is
barred by a prior judgment.
ORDER SETTING PRELIMINARY CONFERENCE:
Upon receipt of answer or lapse of reglementary perio; preliminary conference will be 45 days from the date of
such order.
RULE VIII
Appearances
A lawyer appearing for a party is presumed to be properly authorized.
WHEN A NON-LAWYER MAY APPEAR:
(a) represents himself as a party
(b) represents a farmers organization or its members
(c) a third year law student and is enrolled in a recognized law schools clinical legal education program and
under the direct supervision and control of a member of the IBP
(d) a DAR Legal Officer duly authorized
Counsel de officio is from among the DAR Lawyers or Legal Officers or a member of the bar who is willing.

RULE IX
Preliminary Conference
WHEN CONDUCTED:
(1) When the last pleading is served and filed; or
(2) Upon receipt of the BARC certification of non-settlement.
FAILURE OF PARTIES TO APPEAR:
If either or both parties fail to appear, despite proper notice, it is deemed terminated and the Adjudicator shall
render a decision on the basis of the evidence on record.
EFFECTS OF APPROVAL OR DENIAL OF COMPROMISE AGREEMENT:
Approval shall have the effect of a judgment on the case, which is immediately final and executory. Denial or
when the parties are not able to reach an amicable settlement - the adjudicator shall: (a) consider alternative
modes of dispute resolution; (b) resolve and dispose of preliminary incidents; (c)determine whether to
propound clarificatory questions; (d) determine whether to issue subpoena upon any witness; (e)determine the
dates of subsequent hearings; (f) take up other matters as may simplify and aid in the prompt disposition
RULE X
Proceedings Before the Adjudicators
NON-LITIGOUS NATURE:
The proceedings shall be non-litigious in nature.
INAPPLICABILITY OF RULES:
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.
ROLE OF ADJUDICATOR:
He personally conducts the hearing.
He takes full control of the proceedings.
He examines the parties and witnesses.
He limits the right of the parties or their counsels to ask questions only for the purpose of clarification.
He limits the presentation of evidence only to matters relevant and material.
SUBMISSION OF POSITION PAPERS:
If parties fail to arrive at an amicable settlement or the compromise agreement is denied, the adjudicator shall
order the parties to submit their respective position papers and formal offer of evidence within 30 days from
receipt of the order.
CLARIFICATORY HEARING
Within 15 days from receipt of the position papers. The adjudicator shall have full control of the proceeding but
may allow counsels to propound clarificatory questions. The affidavits submitted shall constitute the direct
testimonies of the witnesses.
The Adjudicator shall render the decision on the merits of the case within 30 days after the filing of the verified
position papers, or after the lapse of the period to file a verified position paper, or after the clarificatory hearing
is concluded.
FINALITY OF DECISION / ORDER / RESOLUTION
After the lapse of 15 days from receipt of a copy thereof; subject to appeal, motion for reocnsideration
GROUNDS FOR MOTION FOR RECONSIDERATION
a. the findings of fact are not supported by substantial evidence; or
b. the conclusions are contrary to law and jurisprudence
Only 1 Motion for Reconsideration shall be allowed for each party.
If the motion is denied, the aggrieved party shall have a period of 15 days reckoned from the receipt of the
notice of denial.
RULE XI
Motions in General
MOTIONS NOT ALLOWED:
1. Motion to declare defendant or respondent in default or for a default judgment;
2. 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;
3. Motion for extension of time to file an appeal, motion for reconsideration, or appeal memorandum.

RULE XII
Intervention
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 may be allowed to intervene by
filing a motion for leave to intervene attaching the pleading-in-intervention with notice upon all the parties to the
action before judgment by the Adjudicator or the Board. The answer-in-intervention shall be filed within 15 days
from notice of the order allowing the intervention.