Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 03, S. 2011)
The DAR has exclusive jurisdiction over all cases that are agrarian in nature related to the implementation of the Comprehensive Agrarian Reform Program (CARP), except those cases provided under Section 57 of Republic Act No. 6657, as amended.
The case shall be automatically referred by the judge or prosecutor to the DAR, which shall determine and certify within fifteen (15) days whether an agrarian dispute exists.
An aggrieved party may appeal to the proper Regional Trial Court if the referral is from municipal trial court or prosecutor's office, or to the Court of Appeals if the referral is from the regional trial court.
Yes, they have legal standing and interest to intervene concerning their individual or collective rights under CARP regardless of their registration status with government agencies.
Cases of criminal or civil nature that are agrarian in nature referred by Prosecutor's Office, MCTC, MTC, MeTC, and RTC, except cases involving just compensation or prosecution under Section 57 of R.A. No. 6657, as amended.
Referral must be made when there is an allegation by any party that the case is agrarian in nature or involves a tenant, lessee, farmer-beneficiary, farmer, or farmworker, or concerns implementation of CARP except as otherwise provided by law.
The PARO assigns the case to the Chief of the Legal Division or a DAR lawyer to conduct a summary investigation within a specified period, including serving notices to parties, holding proceedings in the locality of the land, requiring submission of position papers and evidence, and submitting a report within 3 days after submission.
Presence of previous DAR determinations on the same landholding, pending DAR actions; previous rulings by the National Labor Relations Commission on employment; issuance of notice of coverage or petitions under agrarian reform programs; or other analogous circumstances.
The PARO’s recommendation is final and non-appealable, but judicial recourse may be sought by filing position before the referring court or prosecutor according to respective procedural rules.