Two-Fold jurisdiction of the

Department of Agrarian Reform

(DAR)

The first is essentially executive and pertains to the

enforcement and administration of the laws
The second is judicial and involves the determination of
rights and obligations of the parties

 The function of the DAR Regional Office concerns the

implementation of agrarian reform laws
The functions of the DAR Adjudication Board, including
the Regional Agrarian Reform Adjudicators (RARAD) or
Provincial Agrarian Reform Adjudicators (PARAD)
concerns adjudication of agrarian reform cases

The quasi-judicial jurisdiction of

the DAR
exercised through the DAR Adjudication Board (DARAB),
embraces the following:
Primary jurisdiction to determine and adjudicate
agrarian reform matters; and
Appellate jurisdiction over orders and decisions of the
Agrarian Reform Adjudicators

Quasi-judicial powers of the

DAR
Hear and decide cases within its jurisdiction
Summon witnesses
Administer oaths
Take testimony
Issue subpoena and testificandum or duces tecum
Issue writs of execution
Punish direct or indirect contempt

Certification of the BARC

(Sec.53)
Prerequiste to filing of a complaint before the
DARAB
The Department of Agrarian Reform Adjudication Board
(DARAB) 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.
Not needed in judicial determination of just

Exceptions:
Where the Issue involves the valuation of land to
determine just compensation for its acquisition
Where One party is a public or private corporation,
partnership, association or juridical person, or a public
officer or employee and the dispute relates to the
performance of his official functions
Where the Secretary of the DAR directly refers the
matter to the DARAB or Adjudicator
Non-existence of the BARC or the inability of the BARC
to convene

Certiorari (Sec. 54)

The remedy for an adverse ruling of the DAR:
The aggrieved party can elevate the order or ruling of
the DAR to the Court of Appeals by way of a petition for
review on certiorari under Rule 43 of the Rules of Court
within fifteen (15) days from notice of the ruling.

No Restraining Order or
Preliminary Injunction (Sec.55)
What is prohibited is the issuance of restraining orders
or injunctions against the proceedings before the DAR
or the PARC.
Once a ruling is rendered and the aggrieved party
brings the matter to the proper courts, the prohibition
will no longer apply.
The court may then issue a restraining oder or
injunction as an ancillary relief (esp. in cases of
jurisdictional error or grave abuse of discretion)

Special Agrarian Court (Sec.56)

The Regional Trial Court (RTC) should specifically be
designated by the Supreme Court as a Special Agrarian
Court; otherwise it cannot hear petitions for
determination of just compensation even if the land
subject of each cases are within their territorial
jurisdiction.
ORIGINAL AND EXCLUSIVE Jurisdiction (Sec.57):
a) all petitions for the determination of just
compensation to land owners
b) criminal violations of the CARL

 Orders of the Special Agrarian Court cannot be

challenged before the higher court until the case is
decided on the merits
Purpose to expedite the resolution of agrarian
disputes
Remedy from adverse decisions appeal via
petition for review under Rule 43 of the Rules of Court,
and not an ordinary appeal.

FINANCING
Just compensation payments to landowners can only be
sourced from the Agrarian Reform Fund (Sec. 63)
If insufficient, payments shall be charged against the
debt service program of the national government, or
any unprogrammed item in the General Appropriations
Act (Sec. 63)
The Land Bank is the financial intermediary or arm of
the agrarian reform program (Sec. 64)
Determination of just compensation commences with
the Land Bank determining the value of the lands (Sec.
64)

Conversion of Lands (Sec. 65)

Conversion is the act of changing the current use of a piece of agricultural land into
some other use, to wit:
For residential, commercial, industrial, and other non-agricultural purposes;
For another type of agricultural activity
For non-agricultural use

Conversion differs from reclassification which is the act of specifying how

agricultural lands shall be utilized for non-agricultural uses
A mere reclassification of an agricultural land does not automatically allow the
landowner to change its use. Conversion must first be done.

Who may apply?

The beneficiary
The landowner with respect only to his retained area
which is tenanted

When to apply?
After the lapse of five (5) years from the award of the
land

Under what conditions can an

application for conversion be
filed?

When the land ceases to be economically feasible for

agricultural purposes
When the locality has become urbanized and the land
will have a greater economic value for residential,
commercial, or industrial purpose

Lands that cannot absolutely be

subject to conversion
Agricultural lands within the protected areas designated
under the National Integrated Protected Areas System
(NIPAS)
All irrigated lands, as delineated by the Department of
Agriculture (DA) and/or the National Irrigation
Administration (NIA)
All irrigable lands already covered by irrigation projects
with firm funding commitments
All agricultural lands with irrigation facilities operated by
private organizations

Effect of failure to implement

the approved conversion plan
If the approved conversion plan is not implemented
within five (5) years from approval, the land will
continue to be covered by the agrarian reform program.

Conversion to fishponds
Public agricultural lands can be converted into
fishponds and prawn farms only when the coastal zone
is declared suitable by the provincial government and
the Bureau of Fisheries and Aquatic Resources
Private agricultural lands can be converted into
fishponds and prawn farms up to a maximum area of
five (5) hectares

 Change of crops does not need DAR approval (Sec.65D)

Lands transferred to beneficiaries exempted from
taxes and fees (Sec.66)

Immunity of Government
Agencies from Undue
Interference (Sec.68)
No injunction policy

- no injunction, restratining oder, prohibition or

mandamus shall be issued by the RTCs, MTCs, and MCTC
against the DAR, the DA, the DENR, and the DOJ in the
implementation of the program

Prohibited Acts and Omissions

(Sec.73)
Ownership or possession of agricultural lands in
excess of the total retention limits or award ceilings, if
done for the purpose of circumventing the provisions of
the CARL
Forcible entry or illegal detainer by persons who are
not qualified beneficiaries
Conversion of agricultural land to non-agricultural
land use, if done with the intent to avoid application of
the CARL
Malicious and wilful prevention or obstruction of
the implementation of the CARP

 Sale, transfer, conveyance or change of the

nature of lands outside of urban centres and city
limits either in whole or in part
Sale, transfer, or conveyance by a beneficiary of
the right to use or any other usufructuary right
over the land acquired by virtue of being a beneficiary
Unjustified, wilful, and maclicious act by a
responsible officer or officers of the government
through the ff:
1. Denial of notice and/or reply to landowners
2. Depravation of retention rights
3. Undue or inordinate delay in the preparation of
claim folders

 Undue delay or unjustified failure by any

government agency or any government official or
employee to submit the required report, data, and/or
other official document involving the implementation of
the provisions of the CARL
Undue delay in the compliance with the obligation
to certify or attest and/or falsification of the
certification of attestation as required under Section 7
of RA No. 6657
Any other culpable neglect or wilful violations of
the provisions of the Act.

END