Jurisdiction of the Board and Adjudicators
- The Board and adjudicators have primary and exclusive original jurisdiction over diverse agrarian disputes including rights of persons over agricultural lands under RA 6657, just compensation, annulment of contracts, disputes over CLOAs and EPs, boundary disputes, and others.
- The Board has exclusive appellate jurisdiction to review, modify, or affirm decisions of its adjudicators.
- The Board does not have jurisdiction over agrarian law implementation cases which remain under the Office of the Secretary of DAR.
- Regional Adjudicators supervise provincial adjudicators and handle complex or sensitive cases, preliminary compensation determinations, and special cases assigned by the Board.
- Cases involving prejudicial agrarian law implementation issues are referred to the Office of the Secretary.
- The Board and adjudicators have powers to summon witnesses, administer oaths, issue writs, and request support from law enforcement.
Mediation or Conciliation at Barangay Level
- Cases cannot be taken cognizance of without certification from Barangay Agrarian Reform Committee (BARC) that mediation/conciliation was attempted unless exempted.
- Complaints lacking BARC certification are referred back for mediation.
- Settlement at BARC level must be reported to the adjudicator, resulting in case dismissal.
- If the land or parties span multiple barangays, mediation is held where the larger land portion lies or agreed location.
- Non-settlement by BARC leads to certification and forwarding to adjudicator.
- Mediation conducted per uniform DAR rules.
Commencement of Action, Venue, and Cause of Action
- Action begins with sworn complaint or verified petition filed in the province where the land is located.
- Complaint must include affidavits, documentary evidence, and relevant case details.
- Complainant must certify no related pending cases to prevent forum shopping.
- Complaint can be amended before or shortly after responsive pleadings.
- Venue generally is the adjudicator where the majority of the land lies, with provisions for change of venue.
- Only one suit per cause of action is allowed; splitting suits or multiple lawsuits on same cause will be grounds for dismissal.
- Multiple causes of action against the same party must be joined in a single complaint.
Parties and Caption
- Cases must be initiated and defended by the real parties in interest; all interested parties must be joined.
- Heirs may substitute deceased parties without need for executor appointment.
- Agricultural lessees, tenant farmers, and farmer organizations are presumptively pauper litigants and exempt from fees.
- Business associations may sue or be sued under common names, but members must be individually identified.
- Unknown defendants can be sued under fictitious names and updated once identified.
Service of Pleadings
- Service of pleadings and notices primarily personal or registered mail.
- Service on associations or juridical entities may be effectuated on designated representatives.
- Return of service required within 5 days, prima facie evidence of service.
- Substituted service allowed by delivering to clerk if usual service fails.
Summons, Answer, and Evidence Submission
- Summons issued with complaint and affidavits; defendants have 15 days non-extendible period to file sworn answer.
- Summons may be served personally or by leaving copies at residence/business.
- Answer must specifically admit or deny each allegation; may include motions to dismiss or counterclaims.
- Failure to answer does not lead to default judgment; complainant must still prove the case.
- Parties submit affidavits as evidence, subject to restrictions on personal knowledge.
Appearances
- Lawyers presumed authorized; non-lawyers may appear if representing themselves or farmer organizations with proof of authority.
- Law students in clinical programs and DAR employees authorized under regulations may also appear.
- Counsel assigned by DAR for unrepresented parties.
- Representatives cannot compromise client interests without special power of attorney.
Preliminary Conference
- After pleadings or mediation certification, a preliminary conference is set.
- Purpose: consider settlement, resolve preliminary issues, simplify case.
- Parties and counsel must appear; failure to appear results in decision on existing evidence.
- Conference includes filing of supplemental affidavits and setting hearing dates.
- Proceedings are recorded and order issued controlling subsequent proceedings.
Proceedings Before the Adjudicators
- Non-litigious, flexible, and focused on justice and expeditious disposition.
- Adjudicator controls proceedings and examination of parties; limits party questioning to clarifications.
- Evidence limited to relevant and material matters.
- Affidavits serve as direct testimony; witness clarifications permitted.
- Verified position papers required; case deemed submitted after their filing.
- Adjudicator must render decision within 30 days after submission.
- Awards may include damages and attorney's fees.
- Decisions final 15 days after receipt unless appealed.
Motions in General
- Motions are applications for relief other than principal pleadings, generally written, stating grounds and relief sought.
- Must be served at least 3 days before hearing.
- Resolved within reasonable time; interlocutory motions reconsideration within 15 days.
- Certain motions (default, extensions before answer) are disallowed.
Intervention
- Persons with legal interest in case may intervene before judgment by motion with attached pleading.
- Intervention must not delay or prejudice main parties.
- Answer in intervention filed within 15 days.
Decisions, Resolutions, and Final Orders
- Decisions must be in writing with findings, evidence, and law stated; signed and filed.
- Promulgation date is recorded; copies served on parties and relevant officials.
- If service unavailable, notice by publication in general circulation newspapers.
- Decisions entered in record Book after lapse of appeal period; entry date is finality date.
Appeals
- Appeal to the Board within 15 days from receipt of order/decision.
- Filing includes Notice of Appeal, payment of fee (exempt for pauper litigants), and certification.
- Appeal based on errors causing grave damage or fraud/coercion.
- Procedures include docketing, memorandum submissions, possible sanctions for frivolous appeals.
- Withdrawal allowed before promulgation unless public interest is affected.
- Board aims to decide appeals within 30 days.
Judicial Review
- Decisions of Board appealable to Court of Appeals within 15 days following Rules of Court.
- Board’s factual findings based on substantial evidence are final and binding on courts.
- Courts prohibited from issuing injunctive relief against Board or Adjudicators in agrarian cases.
Relief from Decision
- Petition for relief from decision for fraud, mistake, accident, or excusable negligence within 60 days discovery and 6 months of decision.
- Verified petition with supporting affidavits and proof of service required.
- Hearing held; if meritorious, decision set aside and case heard anew.
Preliminary Injunction and Supervision of Harvest
- Preliminary injunction may be issued to prevent grave and irreparable injury, usually with bond requirement.
- No injunction restraining tilling or harvesting without providing at least 50% of net harvest to tiller.
- Temporary restraining order valid for 20 days, extendable once.
- Supervision of harvest order may be issued if adverse rights or dispute on harvest sharing exists.
Contempt
- Direct contempt committed in presence of Board/adjudicator punishable by fine or imprisonment; judgment final and not appealable.
- Indirect contempt adjudicated per Rule 71 of Revised Rules of Court with appeal to Board possible.
Preliminary Determination of Just Compensation
- Adjudicators conduct preliminary proceedings to verify compliance with DAR and Land Bank rules.
- PARAD handles valuations up to PhP5 million; RARAD above that unless reassigned.
- Evidence and position papers submitted; failure to comply leads to submission for resolution.
- Appeals from preliminary determinations filed with Board; further appeal to the Special Agrarian Court.
Execution
- Execution issues upon final order, with writs enforced by DAR Sheriff or deputized agencies.
- Execution pending appeal possible with bond, except for farmer-beneficiaries.
- Execution is immediate for amicable settlements.
- Five-year motion window for executing judgments; independent actions thereafter.
- Exemptions for execution on family home, tools, clothing, provisions, and certain other properties.
- Judgments directing specific acts may be enforced by appointed persons.
Board Regulations
- Board sits en banc for policy and adjudication.
- Cases assigned by raffle among Members; motions go to assigned Member.
- Majority vote required for decisions; Secretary presides.
Board Secretariat
- Secretariat headed by Executive Director serves as Clerk of the Board.
- Maintains files, seal custody, records, and issues certified copies.
- Records open to public except confidential ones.
- Coordinates service of documents and maintains docket, calendar, and minutes.
Fees, Charges, and Costs
- Filing fees generally PhP750 plus legal research fee; pauper litigants exempt.
- Service fees fixed for summons, subpoenas, writs, executions, and other services.
- Witness fees set at PhP35 per day plus travel.
- Costs may be awarded to prevailing party; government exempt from legal fees.
- Attorney's fees may be awarded as costs.
Miscellaneous Provisions
- Rules govern all cases filed after effectivity; pending cases governed by prior rules.
- Severability clause for invalid provisions.
- Repeals inconsistent prior DARAB rules and orders.
- Effective fifteen (15) days after publication.