Professional Documents
Culture Documents
RARAD
The Executive Adjudicator in the Region;
Vested with function to supervise PARAD and monitoring cases in the
Region;
Conduct hearing and adjudication of agrarian disputes within the region;
Conduct hearing on the following:
A. Cases that cannot be handled by PARAD on account of inhibition,
disqualification or when there is no PARAD designated in the locality;
Matters of such complexity and sensitivity that the decision thereof would
constitute an important precedent affecting regional interest as may be
recommended by the concerned RARAD and approved by the Board; and
Preliminary determination of just compensation of lands valued at P10M to P50M.
Conduct hearing on applications for the issuance of a writ of preliminary
injunction or temporary restraining order and such other cases which the board
may assign.
LEGAL ANCHORS
The Case of Victoria Cabral vs. CA (GR No.
101974; July 12, 2001)
The Case of Machete vs. CA (250 SCRA 176;
1995)
Remigio Isidro vs. CA (GR No. L-105586; December 15,
1993)
Laguna Estates vs. CA (GR No. 119357; July 5, 2000)
SECTION 50-A. EXCLUSIVE
JURISDICTION ON AGRARIAN DISPUTE
"No court or prosecutor's office shall take cognizance of cases
pertaining to the implementation of the CARP except those provided
under Section 57 of Republic Act No. 6657, as amended. If there is an
allegation from any of the parties that the case is agrarian in nature
and one of the parties is a farmer, farmworker, or tenant, the case
shall be automatically referred by the judge or the prosecutor to the
DAR which shall determine and certify within fifteen (15) days from
referral whether an agrarian dispute exists: Provided, That from the
determination of the DAR, an aggrieved party shall have judicial
recourse. In cases referred by the municipal trial court and the
prosecutor's office, the appeal shall be with the proper regional trial
court, and in cases referred by the regional trial court, the appeal shall
be to the Court of Appeals.
"In cases where regular courts or quasi-judicial bodies have
competent jurisdiction, agrarian reform beneficiaries or identified
beneficiaries and/or their associations shall have legal standing and
interest to intervene concerning their individual or collective rights
and/or interests under the CARP.
"The fact of non-registration of such associations with the Securities
and Exchange Commission, or Cooperative Development Authority,
or any concerned government agency shall not be used against
them to deny the existence of their legal standing and interest in a
case filed before such courts and quasi-judicial bodies.“
(As amended by RA 9700. Section 19)
AGRARIAN CASE DIRECTLY FILED IN
COURt
As a rule, the determination and adjudication of
agrarian reform matters are vested with the DAR
having the primary jurisdiction.
Agrarian case directly filed in court shall be
referred to the DAR to determine whether
agrarian dispute exists.
The aggrieved party has fifteen days to appeal
the ruling of the DAR to the:
RTC – For cases referred by the MTC or the prosecutor’s
office; and
CA – For cases referred by the RTC.
SECTION 51. FINALITY OF
DETERMINATION
Any case or controversy before it shall be decided
within thirty (30) days after it is submitted for resolution.
Only one (1) motion for reconsideration shall be allowed.
Any order, ruling or decision shall be final after the lapse
of fifteen (15) days from receipt of a copy thereof.