DEPARTMENT OF AGRARIAN REFORM

Diliman, Quezon City. Philippines

FAQs on:
Rulesand Proceduresof
DARAB and ALI
 The Quasi-Judicial Powersof DAR

What do they mean when they say DAR has Justice and power must be
quasi-judicial powers? brought together, so that
whatever is just may be powerful,
As a quasi-judicial body the Departm ent of Agrarian and whatever is powerful may be
Reform (DAR) has the power to hear, determ ine just.
questions of fact to which the legislative policy is to Blaise Pascal..
apply and to decide in accordance with the standards
laid down by the law itself.

What is the basis for the DARs quasi-judicial power?

Section 50 of Republic Act (RA) 6657 (1988) and Suprem e Court Adm inistrative Circular
No. 29-2002 state that the DAR is vested with prim ary jurisdiction to determ ine and
adjudicate agrarian reform m atters and shall have ex clusive original jurisdiction over
all m atters involving the im plem entation of agrarian reform , EXCEPT those falling
under the ex clusive jurisdiction of the Departm ent of Agriculture (DA) and the
Departm ent of Environm ent and Natural Resources (DENR).

What are the quasi-judicial powers of the DAR?

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

Pr imar y Jur isdiction to determ ine and adjudicate all agrarian disputes or m atters
EXCEPT those pertaining to the determ ination of just com pensation and resolution of
crim inal offenses arising from the im plem entation of agrarian laws.

Exclusive or iginal jur isdiction over all m atters i n vo l vi n g t he im plem entation of

agrarian reform, EXCEPT those falling under the ex clusive jurisdiction of the
Departm ent of Agriculture (DA) and the Departm ent of Environm ent and Natural
Resources (DENR).

Appellate jur isdiction to hear appeals of all Agrarian Law Im plem entation (ALI) cases,
and to order reversal or other correction, if error is found. (Adm inist r at ive Or der 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. (Execut ive Or der No. 129-A
(1987), Sec. 13)

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 The Quasi-Judicial Powersof DAR

What is the essence of DARs 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 m eans of
paying the filing fees and other ex penses.

U napplicability of the technicalities of law and procedure to agrarian cases. Rule I,

Sec. 3 and Rule X Sec. 1 directs the DARAB to em ploy all reasonable m eans to
ascertain the facts of every case without regard of the technicalities of law.

SocialJustice 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.

T erritorial
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
m ore cases to be heard at any given time, at the least ex pense for the litigants.

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

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

U nex tendible period of prom ulgating decision. Rule X, Sec. 9 and R.A. 6657 (1988),
Sec. 51 provide 30-day period of rendering decision on the m erit of the case and it
shall be final aft er t he lapse of 15 days from receipt of a copy of t he decision or
ruling.

Appearance of non-lawyer m ay 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 ex pense.

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 The Quasi-Judicial Powersof DAR

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

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

Yes. In the ex ercise of the DARs jurisdiction over agrarian m atters, 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 m ost ex peditious m anner, em ploying
all reasonable m eans to ascertain the facts and the m erits 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 Adm inistrative 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.

Jurisdiction of DAR

Is agrarian dispute and agrarian administrative matter the same?

No. Agr ar ian Disput e is classified as a DARAB case and falls under the ex clusive
original jurisdiction of the DARAB and its Regional or Provincial Agrarian Reform
Adjudicators (RARAD/ PARAD).

Agr ar ian Adm inist r at ive Mat t er 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).

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What type of issues, problems or misunderstanding can DAR help settle through
DARAB?
The DAR Adjudicator has the prim ary and ex clusive original jurisdiction to determ ine
and adjudicate the following cases:

DARAB CASES
D eterm ination 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-farm er or farm er-beneficiaries; and affecting the ouster of the interloper or
intruder in one and the same

Annulm ent or cancellation of lease contracts of deeds of sale or their am endm ents
involving lands under the adm inistration and disposition of the DAR and LBP; as
well as EPs issued under PD 266, Hom estead Patents, Free Patents, and m iscellaneous
sales patents to settlers in settlem ent and resettlem ent areas under the
adm inistration and disposition of the DAR;

Rights and obligation of persons, whether natural or juridical, engaged in the

m anagem ent, cultivation, and use of all agricultural lands covered by RA 6657, and
other related agrarian laws. This also includes review of leasehold rentals;

Annulm ent or cancellation of lease contracts or deeds of sale or their am endm ents
involving lands under the adm inistration and disposition of the DAR or LBP; as well as
Em ancipation Patents (EPs) issued under PD 266, Hom estead Patents, Free Patents,
and m iscellaneous sales patents to settlers in settlem ent and re-settlem ent areas
under the adm inistration and disposition of the DAR;

Boundary disputes over lands under the adm inistration 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;

Cases involving the collection of am ortizations on paym ents for lands awarded under
PD 27, as am ended, RA 3844, as am ended, and RA 6657, as am ended, and other
related laws, decrees, orders, instructions, rules, and regulations, as well as paym ent
for residential, com m ercial, and i ndustrial lots within the settlem ent and
resettlem ent areas under the adm inistration and disposition of the DAR;

Acquired lands under PD 27 and the Com prehensive Agrarian Reform Program (CARP)
for prelim inary adm inistrative determ ination of reasonable and just com pensation;

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Sale, alienation, pre-emption, and redemption of agricultural lands under the coverage
of the CARL or other agrarian laws;
Ejectm ent and dispossession of tenants and or leaseholders, ex clusive jurisdiction of
the defunct Court of Agrarian Relations under Section 12 of PD 946 ex cept those
cases falling under the proper courts or other quasi-judicial bodies; and
Secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs)
and EPs which are registered with the Land Registration Authority, and those cases
involving correction, partition, disputes, m atters or concerns referred to it by the DAR
Secretary.

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 ex em ption from coverage under Section 10 of RA 6657; and

application for ex em ption pursuant to Departm ent of Justice (DOJ) Opinion No. 44
(1990);

D eterm ination of rights of ARBs such as: disposition of ex cess area of the
tenants/ farmer-beneficiarys landholdings; rights to hom elots; and rights of
retention by landowner.

M atters or concerns referred to it by the Secretary of the DAR;

I dentification 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, ex clusion, qualification, or disqualification of ex clusion, qualification, or
disqualification of potential/ actual farm er-beneficiaries; Issuance of Certificate of
Ex em ption for land subject of Voluntary Offer to Sell (VOS) and Com pulsory
Acquisition (CA) found unsuitable for agricultural purposes;

N otyet registered docum ents 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;

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Conflict of claim s in landed estates adm inistered by DAR and its predecessors;

Application for conversion of agricultural land to residential, com m ercial, industrial,

or other non- agricultural uses and purposes including protests or oppositions
thereto;

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

Ex clusion from CARP coverage ex cept agricultural land used for livestock, swine, and
poultry raising and ex em ption/ ex clusion of fishpond and prawn from the coverage of
CARP pursuant to RA 7881; and

Settlem ents adm inistered by DAR and its predecessors involving conflict of claims.

What are the types of cases and who is the authority responsible in adjudicating
and deciding these cases?

Authority Type of Cases

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

Provincial Agrarian Reform Officer Clearance to transfer agricultural land

(PARO)

Office of the Secretary Office of the Appellate jurisdiction over all ADMIN CASES/ALI cases
President Court of Appeals

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 of
Provisional Lease Rentals, Land Use Conversion, Cancellation of
CLOA and EP not yet registered, and clearance to transfer
agricultural Land (PARO may decide)

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Type of Cases
Authority

DAR Secretary/OSEC Land Use Conversion (5 has. above), Exemption due to reclassification (5
has. above), Prejudicial issue, and Flashpoint cases

DAR Secretary/ Adjudicators (RARADs Determining the landowner tenant relationship, Tenant ejectment,
and PARADs) Boundary disputes, Lease rentals, Inheritance succession, Sale,
alienation, mortgage, foreclosure, preemption, redemption of agricultural
lands covered by CARP and other agrarian laws, Issuance, correction and
cancellation of CLOA and EP registered with the Land Registration
Authority, and Prejudicial issue

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

RARAD Direct supervision over PARAD; Concurrent or original jurisdiction

with the Board

Special Agrarian Court (Original and exclusive Determination of just compensation for landowners; and Prosecution of all
jurisdiction) criminal 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 Im plem entation (ALI) cases duly determ ined and
certified by the DAR Secretary or his/ her Head Ex ecutive Assistant (HEA) in accordance
with the criteria and procedures provided in DAR Mem orandum Circular No. 13 (1997),
to give utm ost 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.

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When does an ALI case become a Flashpoint case?

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

T hreatening to disrupt the status quo in a particular area;
Endangering the life and lim b ofindividuals as a result of the use of force from either
the landowners side or farmer-beneficiaries side or other parties;
M assive pickets or which m ay im m ediately result in concerted m ass 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 im m ediate resolution.

What are the key steps in the resolution of a Flashpoint case?

Appellant DAR Official

Step 1: Issuance of an Order to Head of Office/ Unit concerned

Step 2: Transmittal of Case Records to SCS Directors Office

Step 3: Issuance of Notice for Subm ission of Position Paper and

Documentary Evidence

Step 4: Submission to SCS

Step 5: Conduct of clarificatory hearing, conciliation/ m ediation or

ocular inspection (when appropriate

Step 6: Case ruling or subm ission of Recom m endation

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Appellant DAR Official

Step 7: Appeal to ASEC for PPLAO

Step 8: Transmittal to Office of the Secretary

Step 9: Decision of the Case

Step 10: Certificate of Finality

Step 11: Ex ecution of Decision

Pathways towards AR Justice: DARAB

Who has the power to adjudicate specific agrarian reform cases?

DARAB (Departm ent of Agrarian Reform Adjudication Board) is given the powers and
functions to Adjudicate specific agrarian reform cases.

What are the limitations of the DARAB?

DARAB has no jurisdiction on m atters which strictly involve the following cases:

Cr iminal of f enses. Prosecution of crim inal offenses, even if it is agrarian related cases.
This can be filed directly to the regular courts or Special Agrarian Courts (SAC).

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Adm inist r at ive im plem ent at ion of RA 6657 and ot her agr ar ian laws. These are within
the ex clusive jurisdiction of the Secretary of DAR. RA 6657, Sec. 49

Non-Tenancy r elat ed issue. DARAB cannot rule when issue is not tenancy related case
or no tenancy relationship between the parties.

Just com pensat ion. Determ ination of just com pensation for landowners can be filed
directly to the SAC.

What is the case flow process of DARAB?

Complainant Adjudicator

Step 1: Acquire BARC Certification

Step 2: Report of Settlement at BARC

Set t led Unsettled

(Case Closed)

Step 3: Return the unsettled case

Step 4: Filing complaint before the Adjudicator

Step 5: Issue Order directing complainant to

com ply with the requirem ents of filing
Certification

Step 6: Service Pleadings, Notices and Resolutions

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Step 7: Issuance of sum m ons & notices of hearing

Step 8: File answer to the com plaint & subm ission of

evidence

Step 9: Issue order setting the date of initial prelim inary

conference

Step 10: Filing of Reply

Step 11: Preliminary Conference

Step 12: Second Preliminary Conference

Step 13: Notice of Decisions/ Orders

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 com plaint 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 tim e of filing. DARAB
Rules of Procedures (2003), Rule XXIII, Sec. 2

The pauper litigant is ex em pted from the paym ent 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 m atter pertaining to the application,
im plem entation, enforcem ent, or Interpretation of this Act and other pertinent laws
on agrarian reform m ay be brought to the Court of Appeals by certiorari ex cept 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.

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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 com m itted which if not corrected, would cause grave and irreparable dam age or
injury t o t he appellant ; or t he order, resolut ion, or decision was obt ained t hrough
fraud or coercion.

How long will it take to act/ decide on an appeal to DARAB?

The Board renders its decision on appeal before it, as m uch as possible, within thirty
(30) days upon receipt of the Notice of Appeal and the records of the case transm itted
by the Adjudicator.
Decision or order of the Board becom es final after the lapse of fifteen (15) days from
receipt of a copy by the counsel or representative or by the party himself.
If copy of the decision cannot be served personally or by m ail and publication, the
decision shall becom e final after the lapse of six ty (60) days from the date of
publication. DARAB Rules of Procedures (2003) Rule XIV, Sec. 14.

What is the appeal process of DARAB?

Complainant Adjudicator

Step 1: File notice of appeal either oral/ written

Step 2: Payment of Appeal Fee

Step 3: Transmittal of the appeal to the Board

Step 4: Issue Order of transmittal of records

Step 5: Docketing of cases

Step 6: Notify the Parties

Step 7: Issue appeal memorandum

Step 8: Decide Appeal

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Complainant Adjudicator

Step 9: Furnish copy of the final decisions/

resolutions

Step 10: Appeal to the Court of Appeals

Pathways towards AR Justice: ALI

Who has the authority to decide an ALI case?

An agrarian adm inistrative m atter or ALI case falls under the appellate jurisdiction of
the DAR Secretary and prim ary 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 m ay
file his/ her init iat ory pleading or applicat ion before t he RD or Provincial Agrarian
Reform 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 m ay file a protest or petition to lift CARP coverage within
six ty (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 partys
right and will m erit outright dismissal of the case.

Who notifies the concerned Farmer Beneficiaries/ occupants of the subject land of
the initiation of the case?
The Municipal Agrarian Reform Officer (MARO) notifies all tenants, leaseholders,
farm workers, 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.

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Who conducts the investigation of ALI cases?

The PARO, or any Investigating Officer or Com m ittee, which the RD m ay designate, will
con d u ct t h e investigation and perform whatever is necessary to achieve a just,
ex peditious, and inex pensive disposition of the case. Adm inistrative Order No. 3 (2003), Rule III,
Sec. 18.5

Can the inspection team do an ocular inspection even if the party refuses to
cooperate?
Yes. The ocular inspection should proceed with or without the presence of any party
who 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 m ust be noted.

What are the key steps in the resolution of an ALI case?

Appellant DAR Official

Step 1: Filing of initiatory pleading, protest, or

petition to lift the CARP coverage

Step 2: Notify all parties on the initiatory pleading (if

filed at the DARMO) *Docketing, case brief &
transm ittal of the case folder if filed at the
DARPO or DARRO (w/ in 5 working days)

Step 3: Mediation and conciliation

Written report of the result of the m ediation and

conciliation to PARO & all parties concerned

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Appellant DAR Official

Step 4: Conduct of Investigations and attested written

sum m ary of proceedings and substance of
evidence by the parties or their counsel

Step 5: Conduct of Ocular Inspection and initial report

Step 6: Submission of position papers

Subm ission of Recom m endation by Investigating

Officer

Step 7: Prom ulgation of Decision copy furnish all parties

Step 8: Ex ecution of Decision

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 subm itted 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 ex ecution or im plem entation.

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 ex ercises its ex clusive original jurisdiction, the DAR
Secretary has the final decision.

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Can one disagree with the decision or resolution of an ALI case?

Yes. Unless the decision of the deciding authority is final, and m ay do so only within a
non-ex tendible period of fifteen (15) days from receipt of the decision.

What will the losing party do if his/ her motion for reconsideration is reversed by
the deciding authority?
The losing party m ay perfect his/ her appeal before the DAR Secretary (if the m otion is
on the decision/ order of the RD) or the Office of the President (if the m otion is on the
decision/ order of the DAR Secretary) within a full but non-ex tendible period of 15 days
from receipt of the new decision.

What are the valid grounds for making an appeal?

One can file an appeal if there are serious errors in the findings of facts or conclusion
of law which m ay cause grave and irreparable dam age or injury to the appellant; or if
there is coercion, fraud, or clear graft and corruption in the issuance of a decision.

What will the appellant do in preparation for his/ her appeal?

The appellant shall subm it an Appeal Brief to the Bureau of Agrarian Legal Assistance
(BALA) within 10 days from perfection of the appeal copy furnished the adverse party
of the appellee and the Regional Director. Adm inistrative Order No. 3 (2003), Section
29

What is the appeal flow process of ALI case?

Appellant/ Appellee DAR Official

Step 1: Filing of m otion for reconsideration (within non-

ex tendible period of 15 fays from receipt of the
decision)

Step 2: Ruling of the Motion for Reconsideration (within 30

days from the filing date)

Step 3: Appeal before the DAR Secretary

Step 4: Appeal Pleadings (within 10 days from perfection

of the appeal)

Step 5: Subm ission of Com m ents by the Appellee

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Appellant DAR Official

Step 6: Issuance of a Prelim inary Order copy furnish all

parties

Step 7: Submission of Recommendation

Step 8: Appeal to the Office of the President

Step 9: Decision on the Appeal (anytim e during the

pendency of the appeal

Can an appellant appeal directly to the Court of Appeals?

Yes. The appellant can still elevate his/ her appeal directly to the Court of Appeals or
judicial forum , until and unless the judicial forum dism isses the appeal for failure to
ex haust administrative remedies.

What are the procedures of appeal to the Court of Appeals?

Appellant DAR Official

Step 1: Appeal to Judicial Forum

Step 2: Finality of Decision (after the lapse of 15 days

from the receipt of an official copy of the
decision by the last recipient)

Step 3: Ex ecution of Decision (upon com pletion of the

Certificate of Finality)

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When can we say that the order/ decision is final and executory?

An order, decision, or resolution is final and ex ecutory when:

All Parties have received the official copy of the order/ decision/ resolution;
After the lapse of 15 days from the date receipt of the official copy of the order/
decision/ resolution;
There is neither m otion for reconsideration nor appeal of the order/
decision/ resolution.

When will the appellant receive the Certificate of Finality?

The appellant m ay receive the certificate of finality after five (5) days from the date of
finality of a case from the Regional Director or deciding authority.

Who enforces the final order/ decision/ resolution?

Pursuant to AO No. 3 (2003), Sec. 36, upon com pletion of the certificate of finality, the
Regional Director or deciding authority, upon m otion or m otu propio, issue a writ of
ex ecution ordering the MARO or appropriate DAR official to enforce the final
order/ decision/ resolution.

qqqq

Sour ces:

BATAS The Par alegals Guidebook on

Agr ar ian Refor m Laws-Volume 6 ,
2003
qqqq

Produced by:
Bureau of Agrarian Reform Information and Education (BARIE)
Communications Development Division (CDD)

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