Exclusions from These Rules
- Jurisdiction over specific agrarian matters lies exclusively with the DAR Adjudication Board (DARAB).
- Excludes management and use rights of persons engaged in agricultural lands, valuation and compensation disputes, annulment of contracts, membership issues in cooperatives, sale and mortgage of covered lands, registered CLOAs and EPs, and cases filed with DARAB after August 29, 1987.
Referral and Construction of Rules
- Cases misfiled to inappropriate bodies must be referred within five days to proper offices.
- Rules are liberally construed to promote just, inexpensive, and expeditious resolution.
- DAR not bound by technical procedural and evidence rules, emphasizing merits, justice, and equity.
Jurisdictional Authority
- Secretary holds exclusive original jurisdiction but may delegate to regional and other DAR officials.
- Regional Directors primarily handle protests against notice of coverage and appeals for lands under 5 hectares in CALABARZON.
- Specific DAR officials handle exemptions, conversions, and other specialized cases as prescribed.
- Flashpoint cases receive priority adjudication but remain under original deciding officials unless national interest dictates otherwise.
Commencement and Filing of Cases
- Written, sworn applications or petitions must be filed with supporting documents in designated offices.
- Protests against coverage must be filed within 30 days of notice receipt or publication.
- Late petitions generally dismissed except for specific exemption grounds.
- Filing affects land acquisition and distribution processes, potentially suspending proceedings.
Investigative Procedures
- Mediation or conciliation conferences are conducted within 15 days.
- Summary investigations include issuance of notices, ocular inspections, testimonial hearings, and documentary evidence gathering.
- Investigating officers have powers to summon witnesses, compel documents, and punish contempt.
- Proceedings recorded and transcripts signed and certified form part of records.
Interim Measures and Prohibitions
- Cease and desist orders can be issued to prevent irreparable harm or maintain peace pending case resolution.
- Courts are prohibited from issuing restraining orders or preliminary injunctions against DAR officials in agrarian matters.
Case Resolution and Appeals
- Regional Directors or approving authorities must resolve cases within 15 days of receipt.
- One motion for reconsideration allowed, suspending appeal periods.
- Decisions become final after 15 days if no appeal filed.
- Grounds for appeal include grave abuse of discretion, fraud, coercion, or errors of fact or law causing irreparable harm.
- Appeals to Secretary, Office of the President, or Court of Appeals follow prescribed procedures with appeal fees and possible pauper litigant status for qualified appellants.
- Appeals generally stay lower orders except decisions to Court of Appeals which are immediately executory.
Execution of Final Orders
- Execution of final decisions or orders is mandatory upon expiration of appeal period.
- Writs of execution issued to enforce decisions with assistance from law enforcement if necessary.
Final Provisions
- Jurisdiction over lands within CALABARZON to transfer to DAR Region 4 upon reorganization.
- Repeals inconsistent previous orders.
- Contains separability and effectivity clauses ensuring validity despite partial invalidity.
- Effective ten days after publication in two national newspapers.