Rules Proc. for Agrarian Law Implementation Cases

Policy basis and construction rules

Section 5 requires liberal construction of the rules to carry out agrarian reform objectives and to promote just, expeditious and inexpensive determination.
Under Section 5, the DAR is not bound by technical rules of procedure and evidence in agrarian law implementation adjudication.
Under Section 5, the DAR must still hear and decide in a most expeditious manner, using all reasonable means to ascertain the facts in accordance with justice and equity and the merits of the case.
Section 18 prohibits courts from issuing certain restraining relief against DAR implementation of agrarian laws.

Jurisdiction over ALI cases

Section 6 grants the Secretary exclusive original jurisdiction over all ALI cases enumerated in Section 2.
Section 6 allows the Secretary to delegate this jurisdiction to certain DAR officials under existing rules and/or as provided in the order.
Section 7 gives the Regional Director primary jurisdiction over:
- protests against CARP coverage, and
- petitions for lifting of notice of coverage.
Section 10 generally places ALI jurisdiction (other than Sections 7 to 9) with Regional Directors, subject to specific delegations in existing rules and regulations or later promulgations by the Secretary.

Cases covered and excluded

Section 2 provides that these rules govern cases under the exclusive jurisdiction of the DAR Secretary, including the following ALI matters:
- Classification and identification of landholdings for CARP coverage, including protests or oppositions and petitions for lifting of coverage.
- Identification, qualification or disqualification of potential farmer-beneficiaries.
- Subdivision surveys of lands under CARP.
- Issuance, recall or cancellation of Certificates of Land Transfer (CLTs) and CARP Beneficiary Certificates (CBCs) in cases outside the purview of Presidential Decree No. 816, including issuance/recall/cancellation of Emancipation Patents (EPs) or Certificates of Land Ownership Awards (CLOAs) not yet registered with the Register of Deeds.
- Exercise of the right of retention by the landowner.
- Exemption applications under Section 10 of Republic Act No. 6657 as implemented by DAR Administrative Order No. 13 (1990).
- Exemption applications pursuant to DOJ Opinion No. 44 (1990) as implemented by DAR Administrative Order No. 6 (1994).
- Exemption applications under DAR Administrative Order No. 9 (1993).
- Exemption applications under Section 1 of Republic Act No. 7881, as implemented by DAR Administrative Order No. 3 (1995).
- Issuance of certificate of exemption for lands subject of Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural purposes pursuant to DAR Memorandum Circular No. 34 (1997).
- Conversion of agricultural lands to residential, commercial, industrial or other non-agricultural uses, including protests or oppositions.
- Right of agrarian reform beneficiaries to homelots.
- Disposition of excess area of a farmer-beneficiary’s landholdings.
- Transfer, surrender or abandonment by the farmer-beneficiary of the farmholding and its disposition.
- Increase of awarded area by the farmer-beneficiary.
- Conflict of claims in landed estates and settlements.
- Other matters strictly involving administrative implementation of Republic Act No. 6657 and other agrarian laws, rules and regulations, as determined by the Secretary.
Section 3 excludes from these rules cases within the exclusive original jurisdiction of the DAR Adjudication Board (DARAB) as governed by Section 1, Rule II of the DARAB New Rules of Procedure, including:
- rights and obligations of persons engaged in management, cultivation and use of CARP-covered agricultural lands;
- valuation of land and disputes on just compensation, lease rentals, disturbance compensation, amortization payments, and similar disputes involving functions of Land Bank of the Philippines (LBP);
- annulment/cancellation of lease contracts or deeds of sale or amendments involving lands administered and disposed by DAR or LBP;
- disputes arising from or connected with membership or representation in compact farms, farmers’ cooperatives, and other registered farmers’ associations/organizations related to CARP-covered lands;
- sale/alienation/mortgage/foreclosure/pre-emption/redemption of CARP-covered agricultural lands or other agrarian laws;
- issuance/correction/cancellation of CLOAs and EPs already registered with the Land Registration Authority;
- cases previously within the original and exclusive jurisdiction of the defunct Court of Agrarian Relations (CAR) under Section 12 of Presidential Decree No. 946, except Sub-paragraph (q), and Presidential Decree No. 815 (where cases/complaints/petitions were filed with DARAB after August 29, 1987);
- other agrarian cases/disputes/matters referred to DARAB by the Secretary.

Referral, construction, and prioritization

Section 4 requires referral of misfiled cases:
- If a Section 2 covered case is filed before the DARAB, the concerned DARAB official must refer it to the proper DAR office within five (5) days from determination of Secretary jurisdiction.
- If a Section 3 excluded case is filed before an office other than DARAB, the concerned DAR official must refer it to DARAB for resolution within the same five (5)-day period.
Section 11 treats “flashpoint cases” as priority matters:
- Flashpoint cases certified under DAR Memorandum Circular No. 13 (1997) are under the jurisdiction of the designated DAR official authorized to decide such cases under the applicable rules.
- Certification gives utmost priority but does not divest the concerned DAR official of authority to resolve unless specifically directed in the national interest or unless the Secretary assumes jurisdiction.

Authority allocation: protests, exemptions, conversions

Section 8(a) places jurisdiction for exemption clearance under DAR Administrative Order No. 6 (1994) with the Secretary for lands reclassified to non-agricultural use before June 15, 1988, where the area is more than five (5) hectares.
Section 8(a) delegates exemption clearance for such lands with an area of five (5) hectares and below to the Regional Directors.
Section 8(b) keeps exemption/exclusion applications under DAR Administrative Order No. 13 (1990), DAR Administrative Order No. 9 (1993), DAR Administrative Order No. 3 (1995), DAR Memorandum Circular No. 34 (1997) and other pertinent rules with the DAR officials designated there.
Section 8(b) delegates to the Regional Director cases involving lands five (5) hectares and below situated within Cavite, Laguna, Batangas, Rizal and Quezon (CALABARZON).
Section 9 provides that conversion applications to non-agricultural uses under Section 22 of DAR Administrative Order No. 1 (1993) are handled by the DAR officials authorized to approve or disapprove within their authority.
Section 8(b) and Section 9 operate within the broader jurisdiction framework of Sections 6, 7, and 10.

How ALI cases start and get decided

Section 12 requires ALI applications, petitions, or complaints to be in writing and under oath, following the prescribed form if any, filed by the affected party or authorized representative before the receiving office under applicable rules.
Section 12 requires documentary evidence relevant to resolution to be simultaneously filed with the petition or application.
Section 13 mandates a thirty (30)-day filing period for petitions for lifting of notice of coverage:
- counted from receipt of the Notice of Coverage; and
- if the affected party cannot be located or refuses to receive, counted from publication in a newspaper of national circulation.
Section 13 deems failure to file within the thirty (30) days as a waiver of the right to protest or petition.
Section 13 bars entertainment or requires summary dismissal if filed after the thirty (30)-day period, except when:
- the petition/protest alleges exemption from CARP coverage under DOJ Opinion No. 44 (1990) as implemented by DAR Administrative Order No. 6 (1994); or
- DAR determines from documents and the property’s physical conditions that the landholding is exempted under DAR Administrative Order No. 13 (1990), DAR Administrative Order No. 9 (1993), DAR Administrative Order No. 3 (1995) and DAR Memorandum Circular No. 34 (1997) notwithstanding the Notice of Coverage.
Section 13 permits protests for notices issued prior to the order’s effectivity to be filed within thirty (30) days thereof, otherwise treating them as waived.

Effects of filing: coverage, claimfolders, compensation

Section 14(a) prevents issuance of the Notice of Coverage if the application/petition is filed before issuance, until the application/petition is finally resolved.
Section 14(b) allows DAR to process the claimfolder even if an exemption/exclusion/conversion/retention/protest application is pending after issuance of notice, following the activities under DAR Administrative Order No. 2 (1996), as amended.
Section 14(b) authorizes suspension by the PARO if, after proper review/evaluation of the Field Investigation Report (FIR) and personal verification of allegations, it is determined that the subject landholding is actually exempted or excluded.
Section 14(b) requires forwarding of the claimfolder to the LBP for further processing if suspension conditions are not met.
Section 14(c) requires LBP to continue processing the land compensation claim when the claimfolder is with LBP (or forwarded despite the petition), but prohibits issuance of Certification of Deposit (COD) to the PARO until final resolution.

Mediation, investigation, and evidence handling

Section 15 requires mediation/conciliation when required or deemed necessary, through the MARO or designated mediator/conciliator.
Section 15 requires the mediation/conciliation conference to be held within fifteen (15) days from filing, with assistance of the Barangay Agrarian Reform Committee (BARC).
Section 15 requires notice to the parties by personal delivery with proof of service or by registered mail with return card.
Section 15 provides that successful mediation/conciliation terminates the protest/petition finally; the agreement must be reduced in writing, signed by parties, and attested by the MARO or mediator/conciliator.

Investigation steps and procedural powers

Section 16(a) provides that the MARO generally conducts investigations, but the RD, PARO or MARO may designate another investigating officer as circumstances warrant.
Section 16(b) requires issuance of a notice of summary investigation within ten (10) days from:
- termination of mediation/conciliation (if unsuccessful), or
- receipt of the application/protest/petition.
Section 16(b) requires the notice to be sent by personal delivery with proof of service or by registered mail with return card.
Section 16(c) allows an ocular inspection as necessary for judicious determination of issues and claims, conducted before or during summary investigation.
Section 16(c) requires ocular inspection even if a party refuses to cooperate, with a BARC representative where the property is situated.
Section 16(c) requires an ocular inspection report signed by the investigating officer, and signed by parties/authorized representatives and BARC representatives; refusals/failures must be stated in the report; the report forms part of the case records.
Section 16(d) requires summary investigation within ten (10) days from ocular inspection (if any), at the DAR Municipal Office, BARC office, or another convenient place designated by the investigating officer, with the presence of parties or authorized representatives.
Section 16(d) allows exclusion of the other party upon request of the party to whom questions are propounded or at the instance of the MARO/investigating officer, followed by testimony/evidence from the excluded party and witnesses.
Section 16(d) requires any testifying person to be sworn before the MARO or investigating officer and to state name, status, and other personal circumstances.
Section 16(e) empowers the MARO or investigating officer to:
- summon witnesses,
- require submission of reports,
- compel production of books and documents and answers to interrogatories,
- issue subpoena and subpoena duces tecum,
- punish direct and indirect contempts in the same manner and subject to the same penalties as in the Rules of Court.
Section 16(f) mandates recording by a duly appointed stenographer, or in absence, by the MARO or a designated recorder, with transcripts containing date, time, place, witness names, and stenographer/recorder name; each page must be signed by witnesses/parties and certified as true and correct by the stenographer/recorder or MARO; the transcript forms part of the records.
Section 16(f) permits requiring position papers at the instance of the investigating officer.
Section 16(g) requires submission of the FIR to the PARO within fifteen (15) days from termination of summary investigation.
Section 16(g) requires PARO to submit the case folder to the Regional Director with recommendations within ten (10) days from receipt of the FIR.

Cease and desist; restraining orders prohibited

Section 17 authorizes the Regional Director or DAR official with jurisdiction to issue a Cease and Desist or Status Quo Order, motu proprio or at a party’s instance, pending resolution when:
- grave or irreparable damage will result,
- acts will render the case moot and academic, or
- peace and order must be maintained to prevent injury or loss of life or property.
Section 17 authorizes requesting assistance of law enforcement agencies to implement the order.
Section 18 prohibits courts from issuing any restraining order or writ of preliminary injunction against DAR and concerned officials in controversies arising from, necessary to, or in connection with the application/implementation/enforcement/interpretation of Republic Act No. 6657 and other pertinent agrarian reform laws, rules and regulations.
Section 18 bars DARAB or its adjudicators from issuing restraining orders or preliminary injunctions against the Regional Director and concerned officials/personnel unless duly referred by the DAR Secretary.

Decisions: timelines and escalation limits

Section 19 requires the Regional Director or approving authority to resolve issues based on records and PARO recommendations within fifteen (15) days from receipt of the case folder.
Section 19 requires furnishing the decision to the BARC, MARO, PARO, and parties or their duly authorized representatives.
Section 19 allows the RD to conduct additional summary investigation and/or ocular inspection consistent with the procedures when deemed necessary for expeditious and just resolution.

Motion for reconsideration and finality

Section 20 directs that—unless otherwise directed by the Secretary—investigation and resolution of certain ALI cases (including conversion applications, exemptions/exclusions, retention, beneficiary identification of commercial farms, disputes involving joint economic enterprises, and other cases identified by the Secretary) follow their respective governing rules and regulations.
Section 21 allows any party who disagrees to file a written motion for reconsideration within fifteen (15) days from receipt of the order, with a copy furnished to the adverse party.
Section 21 suspends the running of the appeal period upon filing of the motion for reconsideration.
Section 21 limits parties to only one (1) motion for reconsideration, and requires resolution of the motion within fifteen (15) days from receipt.
Section 21 provides that if the motion is denied, the adverse party may perfect an appeal within the remaining period to appeal from receipt of denial; if reversed, the aggrieved party has fifteen (15) days from receipt of the reversal resolution to perfect the appeal.
Section 22 provides that the decision or order becomes final and executory after fifteen (15) days from receipt of a copy by parties or their counsels/authorized representatives, unless an appeal is perfected.
Section 22 requires furnishing the parties and their counsel copies of the decision or order in all cases.

Appeals: grounds, periods, fees, and routes

Section 23 authorizes an aggrieved person to appeal on any of these grounds:
- grave abuse of discretion;
- order/decision obtained through fraud, coercion or graft and corruption; or
- errors in findings of fact or conclusions of law causing grave and irreparable damage or injury if uncorrected.
Section 24 requires appellate captions:
- appellant is called “Appellant”,
- adverse party is called “Appellee,”
- BALA assigns a docket number.
Section 25 allows appeals within fifteen (15) days from receipt of decision/order, consistent with the finality-after-fifteen (15) days rule under Section 51 of Republic Act No. 6657.
Section 26 sets appeal perfection and payment:
- Appeal from RD to Secretary: file a notice of appeal with the Regional Office concerned and pay PHP 500.00 appeal fee to the cashier of the Regional Office.
- Appeal from the Undersecretary to the Secretary: file a notice of appeal with the office and pay PHP 500.00 to the cashier of the DAR Central Office.
- Appeal from the Secretary: take to the Office of the President under OP Administrative Order No. 18, series of 1987, except for the period therein, or to the Court of Appeals by certiorari under Sec. 54 of Republic Act No. 6657.
Section 27 grants an appellant agricultural lessee, share tenant, actual tiller, farmworker, or member of a farmers’ organization/association/cooperative the rights and privileges of a pauper litigant, including exemption from payment of appeal fee, without further proof.
Section 28 requires submission of an appeal memorandum within fifteen (15) days from perfection, furnishing copies to the adverse party and the DAR official who rendered the decision/order.

Effects of appeals and record handling

Section 29(a) provides that appeal to the Secretary (from RD or Undersecretary) stays the appealed order unless the Secretary directs execution pending appeal, considering nature and circumstances, under Executive Order No. 292 (1987), Book VII, Chapter 4, Sec. 21.
Section 29(b) provides that appeal to the Office of the President stays execution upon filing of the appeal within the period, except special laws; at any time during pendency, the Office of the President may direct or stay execution on just and reasonable terms under OP Administrative Order No. 18, Series of 1987, Sec. 4.
Section 29(c) provides that appeal to the Court of Appeals does not stop execution: the DAR decision is immediately executory notwithstanding appeal to the Court of Appeals, under Section 50 of Republic Act No. 6657.
Section 30 requires that upon receipt of the appeal memorandum, the Director of BALA directs the RD or concerned office to immediately transmit case records to BALA.
Section 30 requires transmitted records to include, among others:
- table of contents,
- minutes of hearings,
- all original pleadings,
- documentary exhibits,
- transcripts or written summaries of hearings,
- investigation reports,
- notices/orders/decisions of the RD or approving authority and proof of service,
- page numbering and initials by the regional/office Records Officer on every page,
- certified photocopy of receipt of appeal fee by the cashier.
Section 31 permits withdrawal of an appeal upon filing a motion to withdraw with BALA at any time prior to promulgation of the order/decision, unless prejudicial to public interest; the DAR Secretary must issue an order approving withdrawal.
Section 32 permits only one (1) motion for reconsideration of the Secretary’s order/decision; denial gives the movant the right to perfect appeal with the Office of the President under OP Administrative Order No. 18 dated February 12, 1987.
Section 33 discourages motions for intervention, allowing them only upon a clear showing of a substantial right/interest that cannot be adequately pursued and protected in another proceeding; if entertained, it may be filed not later than expiration of the period allowed for filing a motion for reconsideration.

Execution of final orders and writ process

Section 34 authorizes execution upon an order/decision that has become final and executory, issuing as a matter of course upon expiration of the appeal period if no appeal is perfected.
Section 34 requires the Director of BALA to issue a certificate of finality upon request of the interested party.
Section 35 allows the RD or approving authority, upon certification that the order/decision was served and has become final/executory, to issue a Writ of Execution on motion or motu proprio.
Section 35 directs the writ to enforce through the MARO or any other concerned official, authorizing acts necessary to implement the order/decision and authorizing seeking law enforcement assistance as appropriate.

Transitory, repealing, separability, effectivity

Section 36 transfers investigation and resolution of ALI cases involving lands situated within CALABARZON to the DAR Regional Director for Region 4 effective upon implementation of DAR reorganization or as directed by the Secretary.
Section 36 provides that pending reorganization, such cases remain with the Center for Land Use, Policy, Planning and Implementation (CLUPPI)-2 for appropriate action.
Section 37 modifies or repeals DAR Administrative Order No. 9, Series of 1994 and other inconsistent issuances or portions.
Section 38 provides separability: if any provision is declared unconstitutional, the remaining provisions remain valid.
Section 39 provides the effectivity rule: ten (10) days after publication in two (2) national newspapers of general circulation.