Question & AnswerQ&A (DARAB 2003 RULES OF PROCEDURE)
These rules are known as the Department of Agrarian Reform Adjudication Board (DARAB) 2003 Rules of Procedure.
To promote just, expeditious, and inexpensive adjudication and settlement of agrarian cases, disputes, or controversies, and to carry out the objectives of the agrarian reform program.
No, the Board and its Regional and Provincial Adjudicators are not bound by technical rules of procedure and evidence and shall proceed in a most expeditious manner to ascertain facts according to justice and equity.
The Adjudicator has primary and exclusive original jurisdiction over agrarian disputes including rights related to agricultural lands covered by RA No. 6657, preliminary administrative determination of just compensation, annulment or cancellation of lease contracts or deeds involving DAR or LBP lands, ejectment and dispossession cases, sale and redemption of agricultural lands, and other related agrarian cases.
No, such matters fall under the exclusive jurisdiction of the Office of the Secretary of the DAR and are not within the jurisdiction of the Adjudicators or Board.
A certification from the Barangay Agrarian Reform Committee (BARC) that the dispute has been submitted to it for mediation or conciliation without success must be presented, except in specified exceptions like cases involving just compensation or direct referral by the Secretary of DAR.
The defendant/respondent must file a sworn answer within a non-extendible period of fifteen (15) days from receipt of the summons.
No, failure to file an answer does not result in a default judgment. The complainant or petitioner must still prove the case, and the defendant/respondent may participate in subsequent proceedings.
The Adjudicator shall render the decision within thirty (30) days after the filing of the verified position papers or after the lapse of the period to file a verified position paper without its filing or after the clarificatory hearing.
A motion for reconsideration can be filed within fifteen (15) days on the grounds that the findings of fact are not supported by substantial evidence or that the conclusions are contrary to law and jurisprudence.
An appeal must be filed within fifteen (15) days from receipt of the resolution, decision, or final order appealed from or from denial of the motion for reconsideration.
Yes, pauper litigants are exempt from the payment of appeal fees and filing fees.
The Court of Appeals may review decisions, orders, resolutions, awards, or rulings of the Board on agrarian disputes within fifteen (15) days from receipt, pursuant to the Rules of Court.
They may impose a fine not exceeding Two Hundred Pesos (Php200), imprisonment not exceeding ten (10) days, or both. The judgment on direct contempt is immediately executory and not appealable.
The Adjudicator inquires whether the Land Bank of the Philippines and the DAR have complied with administrative orders and issuances in their land valuation computations.