What do they mean when they say DAR has quasi-judicial powers?
As a quasi-judicial body the Department of Agrarian Reform (DAR) has the power to hear, determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself.
What is the basis for the DARs quasi-judicial power?
Section 50 of Republic Act (RA) 6657 (1988) and Supreme Court Administrative Circular No. 29-2002 state that the DAR is vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, EXCEPT those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).
What are the quasi-judicial powers of the DAR?
As a quasi-judicial body, DAR is vested with:
Primary J urisdiction to determine and adjudicate all agrarian disputes or matters EXCEPT those pertaining to the determination of just compensation and resolution of criminal offenses arising from the implementation of agrarian laws.
Exclusive original jurisdiction over all matters involving the implementation of agrarian reform, EXCEPT those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).
Appellate jurisdiction to hear appeals of all Agrarian Law Implementation (ALI) cases, and to order reversal or other correction, if error is found. (Administrative Order No. 3 (2003), Rule II, Sec. 10)
How does DAR exercise its quasi-judicial power?
Quasi-judicial functions of DAR are being carried out at the provincial, regional, national levels by the Provincial and Regional Agrarian Reform Adjudicators, and DAR Adjudication Board (DARAB) under the Office of the Secretary. (Executive Order No. 129-A (1987), Sec. 13) J ustic e and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just. Blaise Pascal..
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What is the essence of DARs quasi-judicial powers?
The quasi-judicial powers of DAR strongly support and adhere to justice and equity for all. This is evident through the following substantive provisions of the DARAB rules:
Justice and privileges for pauper litigants. Rule V, Sec. 2 provides a concession and advantage for those agrarian reform beneficiaries (ARBs) who have little or no means of paying the filing fees and other expenses.
Unapplicability of the technicalities of law and procedure to agrarian cases. Rule I, Sec. 3 and Rule X Sec. 1 directs the DARAB to employ all reasonable means to ascertain the facts of every case without regard of the technicalities of law.
Social Justice oriented. Rule X, Sec. 7 strongly supports the ARBs, so that in cases of doubt in the interpretation of the rules, the resolution of the cases shall be in favor of the ARBs.
Territorial jurisdiction. Rule II, Sec. 4.2 and Rule X, Sec. 8 decentralizes the powers and functions of the Adjudication Board at the regional and provincial level to allow more cases to be heard at any given time, at the least expense for the litigants.
Expediency and less cost. Rule III, Sec. 2 & 5 allows litigants to file complaint or petition with the Municipal Agrarian Reform Officer (MARO).
Conciliation and mediation at the lowest level possible. Rule X, Sec. 8 ensures that an issue is clarified to the satisfaction of both parties at the lowest level possible to lessen the burden and difficulties of both parties involved.
Unextendible period of promulgating decision. Rule X, Sec. 9 and R.A. 6657 (1988), Sec. 51 provide 30-day period of rendering decision on the merit of the case and it shall be final after the lapse of 15 days from receipt of a copy of the decision or ruling.
Appearance of non-lawyer may be allowed. Rule VIII, Sec. 1 & 3 and Rule X, Sec 8 allows non-lawyer who understands the law to appear before the DAR to enable services of friends, relatives or concerned citizens at little or no expense.
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Liberal interpretation of facts and issues. Rule I, Sec. 2 enables/ provides greater variation from the standard dimensions of justice.
Is there a difference between the DAR and a regular courts handling of agrarian matters/ disputes?
Yes. In the exercise of the DARs jurisdiction over agrarian matters, the DAR is not bound by technical rules of procedures and evidence but can proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts and the merits of the case in accordance with justice and equity. Republic Act No. 6657 (1988), Sec. 50
The DAR adopts its own procedures in handling agrarian cases based on R.A. 6657 (1988); DAR Administrative Order No. 3 (2003) for ALI cases; and DARAB Rules of Procedure (2003) for DARAB cases.
While in the regular court, the governing procedure of the Rules of Court is applied.
Is agrarian dispute and agrarian administrative matter the same?
No. Agrarian Dispute is classified as a DARAB case and falls under the exclusive original jurisdiction of the DARAB and its Regional or Provincial Agrarian Reform Adjudicators (RARAD/ PARAD).
Agrarian Administrative Matter is classified as an ALI case and falls under the jurisdiction of the DAR Secretary or his/ her authorized representative and the Regional Director (RD).
J urisdiction of DAR
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What type of issues, problems or misunderstanding can DAR help settle through DARAB? The DAR Adjudicator has the primary and exclusive original jurisdiction to determine and adjudicate the following cases:
DARAB CASES Determination of title to agricultural lands where this issue is raised in an agrarian dispute by any of the parties or a third person in connection with the possession thereof for the purpose of preserving the tenure of the agricultural lessee or actual tenant-farmer or farmer-beneficiaries; and affecting the ouster of the interloper or intruder in one and the same
Annulment or cancellation of lease contracts of deeds of sale or their amendments involving lands under the administration and disposition of the DAR and LBP; as well as EPs issued under PD 266, Homestead Patents, Free Patents, and miscellaneous sales patents to settlers in settlement and resettlement areas under the administration and disposition of the DAR;
Rights and obligation of persons, whether natural or juridical, engaged in the management, cultivation, and use of all agricultural lands covered by RA 6657, and other related agrarian laws. This also includes review of leasehold rentals;
Annulment or cancellation of lease contracts or deeds of sale or their amendments involving lands under the administration and disposition of the DAR or LBP; as well as Emancipation Patents (EPs) issued under PD 266, Homestead Patents, Free Patents, and miscellaneous sales patents to settlers in settlement and re-settlement areas under the administration and disposition of the DAR;
Boundary disputes over lands under the administration and disposition of the DAR and the LBP, which are transferred, distributed, and/ or sold to tenant-beneficiaries and are covered by deeds of sale, patents, and certificates of title;
Cases involving the collection of amortizations on payments for lands awarded under PD 27, as amended, RA 3844, as amended, and RA 6657, as amended, and other related laws, decrees, orders, instructions, rules, and regulations, as well as payment for residential, commercial, and industrial lots within the settlement and resettlement areas under the administration and disposition of the DAR;
Acquired lands under PD 27 and the Comprehensive Agrarian Reform Program (CARP) for preliminary administrative determination of reasonable and just compensation;
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Sale, alienation, pre-emption, and redemption of agricultural lands under the coverage of the CARL or other agrarian laws; Ejectment and dispossession of tenants and or leaseholders, exclusive jurisdiction of the defunct Court of Agrarian Relations under Section 12 of PD 946 except those cases falling under the proper courts or other quasi-judicial bodies; and Secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs) and EPs which are registered with the Land Registration Authority, and those cases involving correction, partition, disputes, matters or concerns referred to it by the DAR Secretary.
What types of cases can be brought to the DAR Office of the Secretary? The Office of the Secretary has the power to recognize the following ADMIN CASES, otherwise known as Agrarian Law Implementation (ALI) cases.
ADMIN CASES
Application for exemption from coverage under Section 10 of RA 6657; and application for exemption pursuant to Department of Justice (DOJ) Opinion No. 44 (1990);
Determination of rights of ARBs such as: disposition of excess area of the tenants/ farmer-beneficiarys landholdings; rights to homelots; and rights of retention by landowner.
Matters or concerns referred to it by the Secretary of the DAR;
Identification and classification of landholdings for coverage under the agrarian reform program and the initial issuance of CLOAs and EPs, including protests or oppositions thereto and petitions for lifting of such coverage and identification, classification, inclusion, exclusion, qualification, or disqualification of exclusion, qualification, or disqualification of potential/ actual farmer-beneficiaries; Issuance of Certificate of Exemption for land subject of Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural purposes;
Not yet registered documents with the Register of Deeds such as Certificates of Land Ownership Awards (CLOAs); and recall, or cancellation of provisional lease rentals, Certificates of Land Transfers (CLTs) and CARP Beneficiary Certificates (CBCs) in cases outside the purview of Presidential Decree (PD) No. 816, including the issuance, recall, or cancellation of EPs or CLOAs;
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Conflict of claims in landed estates administered by DAR and its predecessors;
Application for conversion of agricultural land to residential, commercial, industrial, or other non- agricultural uses and purposes including protests or oppositions thereto;
Subdivision survey of land under Comprehensive Agrarian Reform Program (CARP);
Exclusion from CARP coverage except agricultural land used for livestock, swine, and poultry raising and exemption/ exclusion of fishpond and prawn from the coverage of CARP pursuant to RA 7881; and
Settlements administered by DAR and its predecessors involving conflict of claims.
What are the types of cases and who is the authority responsible in adjudicating and deciding these cases?
Authority Type of Cases BARC Chairman/MARO All AR matters/disputes for mediation/ conciliation Provincial Agrarian Reform Officer (PARO) Clearance to transfer agricultural land Office of the Secretary Office of the President Court of Appeals Appellate jurisdiction over all ADMIN CASES/ALI cases DAR Secretary (appellate jurisdiction) Regional Director (primary jurisdiction) Protest or petitions to lift CARP coverage, Rights of FBs, Identification of FBs, Initial Land Valuation, Determination of Provisional Lease Rentals, Land Use Conversion, Cancellation of CLOA and EP not yet registered, and clearance to transfer agricultural Land (PARO may decide)
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Authority Type of Cases DAR Secretary/OSEC Land Use Conversion (5 has. above), Exemption due to reclassification (5 has. above), Prejudicial issue, and Flashpoint cases DAR Secretary/ Adjudicators (RARADs and PARADs) Determining the landowner tenant relationship, Tenant ejectment, Boundary disputes, Lease rentals, Inheritance succession, Sale, alienation, mortgage, foreclosure, preemption, redemption of agricultural lands covered by CARP and other agrarian laws, Issuance, correction and cancellation of CLOA and EP registered with the Land Registration Authority, and Prejudicial issue DARAB Central (as appellate body) Review of decisions of adjudicators; and original jurisdiction is lodged with the Board to hear, determine, and adjudicate all agrarian cases and disputes arising within their assigned territorial jurisdiction RARAD Direct supervision over PARAD; Concurrent or original jurisdiction with the Board Special Agrarian Court (Original and exclusive jurisdiction) Determination of just compensation for landowners; and Prosecution of all criminal offenses Court of Appeals (CA) Supreme Court (SC) Appellate jurisdiction over agrarian cases decided by DARAB
What is considered as a Flashpoint Case?
Flashpoint Cases are Agrarian Law Implementation (ALI) cases duly determined and certified by the DAR Secretary or his/ her Head Executive Assistant (HEA) in accordance with the criteria and procedures provided in DAR Memorandum Circular No. 13 (1997), to give utmost priority to the resolution of the case.
These cases are under the jurisdiction of the Regional Director or the Bureau of Agrarian Legal Assistance (BALA) Director.
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When does an ALI case become a Flashpoint case?
An ALI case is certified as Flashpoint case when it is: Threatening to disrupt the status quo in a particular area; Endangering the life and limb of individuals as a result of the use of force from either the landowners side or farmer-beneficiaries side or other parties; Massive pickets or which may immediately result in concerted mass actions either in the DAR Central Office, in the field offices or at the site of the conflict; or Assigned by the DAR Secretary for immediate resolution.
What are the key steps in the resolution of a Flashpoint case?
Appellant DAR Official Step 1: Issuance of an Order to Head of Office/ Unit concerned Step 2: Transmittal of Case Records to SCS Directors Office Step 3: Issuance of Notice for Submission of Position Paper and Documentary Evidence Step 5: Conduct of clarificatory hearing, conciliation/ mediation or ocular inspection (when appropriate Step 4: Submission to SCS Step 6: Case ruling or submission of Recommendation
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Who has the power to adjudicate specific agrarian reform cases? DARAB (Department of Agrarian Reform Adjudication Board) is given the powers and functions to Adjudicate specific agrarian reform cases.
What are the limitations of the DARAB? DARAB has no jurisdiction on matters which strictly involve the following cases:
Criminal offenses. Prosecution of criminal offenses, even if it is agrarian related cases. This can be filed directly to the regular courts or Special Agrarian Courts (SAC).
Step 7: Appeal to ASEC for PPLAO Step 8: Transmittal to Office of the Secretary Step 9: Decision of the Case Step 10: Certificate of Finality Step 11: Execution of Decision Appellant DAR Official Pathways towards AR J ustice: DARAB
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Administrative implementation of RA 6657 and other agrarian laws. These are within the exclusive jurisdiction of the Secretary of DAR. RA 6657, Sec. 49
Non-Tenancy related issue. DARAB cannot rule when issue is not tenancy related case or no tenancy relationship between the parties.
J ust compensation. Determination of just compensation for landowners can be filed directly to the SAC.
What is the case flow process of DARAB?
Complainant Adjudicator Step 1: Acquire BARC Certification Step 2: Report of Settlement at BARC Settled (Case Closed) Unsettled
Step 3: Return the unsettled case Step 4: Filing complaint before the Adjudicator Step 5: Issue Order directing complainant to comply with the requirements of filing Certification Step 6: Service Pleadings, Notices and Resolutions
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When does an order, ruling or decision become final? The order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.
How much is the filing fee for a case pleading to DAR? A filing fee of Seven Hundred Fifty (Ph750.00) Pesos plus a legal research fee of Twenty Pesos (Ph20.00) shall be charged for any petition or complaint filed with the Adjudicator or the Board, as an original action. The fees shall be paid by the party concerned to the DAR Cashier or its counterpart offices at the time of filing. DARAB Rules of Procedures (2003), Rule XXIII, Sec. 2 The pauper litigant is exempted from the payment of the filing fees.
Can we appeal the decision, order, or ruling made by the DAR Secretary/ DARAB? Yes. Section 54 of RA 6657 states that any decision, order, award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application, implementation, enforcement, or Interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from receipt of a copy thereof. The findings of fact of the DAR are final and conclusive if based on substantial evidence.
Step 7: Issuance of summons & notices of hearing Step 8: File answer to the complaint & submission of evidence Step 9: Issue order setting the date of initial preliminary conference Step 11: Preliminary Conference Step 10: Filing of Reply Step 12: Second Preliminary Conference Step 13: Notice of Decisions/ Orders
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What are the grounds for filing an appeal? One can file an appeal if there are errors in the findings of fact or conclusions of law are committed which if not corrected, would cause grave and irreparable damage or injury to the appellant; or the order, resolution, or decision was obtained through fraud or coercion.
How long will it take to act/ decide on an appeal to DARAB? The Board renders its decision on appeal before it, as much as possible, within thirty (30) days upon receipt of the Notice of Appeal and the records of the case transmitted by the Adjudicator. Decision or order of the Board becomes final after the lapse of fifteen (15) days from receipt of a copy by the counsel or representative or by the party himself. If copy of the decision cannot be served personally or by mail and publication, the decision shall become final after the lapse of sixty (60) days from the date of publication. DARAB Rules of Procedures (2003) Rule XIV, Sec. 14.
What is the appeal process of DARAB? Step 1: File notice of appeal either oral/ written Step 2: Payment of Appeal Fee Step 3: Transmittal of the appeal to the Board Step 5: Docketing of cases Step 4: Issue Order of transmittal of records Step 6: Notify the Parties Step 7: Issue appeal memorandum Step 8: Decide Appeal Adjudicator Complainant
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Who has the authority to decide an ALI case? An agrarian administrative matter or ALI case falls under the appellate jurisdiction of the DAR Secretary and primary jurisdiction of the Regional Director (RD).
Where initiatory pleading or application should be filed? Without or prior to issuance of notice of CARP coverage the applicant/ petitioner may file his/ her initiatory pleading or application before the RD or Provincial Agrarian Reform Officer (PARO). However, after the issuance of notice of coverage, the appellant should file his/ her initiatory pleading at the DAR Municipal Office.
Who is allowed to file a petition or protest to lift CARP coverage? Only the real-party-interest may file a protest or petition to lift CARP coverage within sixty (60) days from receipt of the notice of coverage or from publication date. Failure to file a protest/ petition within the period will be considered a waiver of the partys right and will merit outright dismissal of the case.
Who notifies the concerned Farmer Beneficiaries/ occupants of the subject land of the initiation of the case? The Municipal Agrarian Reform Officer (MARO) notifies all tenants, leaseholders, farmworkers, and occupants of the subject land of the initiation of the case.
The proof of notice to all persons above will be part of the case records.
Step 9: Furnish copy of the final decisions/ resolutions Step 10: Appeal to the Court of Appeals Adjudicator Complainant Pathways towards AR J ustice: ALI
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Who conducts the investigation of ALI cases? The PARO, or any Investigating Officer or Committee, which the RD may designate, will conduct the investigation and perform whatever is necessary to achieve a just, expeditious, and inexpensive disposition of the case. Administrative Order No. 3 (2003), Rule III, Sec. 18.5
Can the inspection team do an ocular inspection even if the party refuses to cooperate? Yes. The ocular inspection should proceed with or without the presence of any party who refuses to cooperate.
The team shall prepare an inspection report signed by all attending parties and BARC representative/ s. If anyone refuses to sign, reasons for such refusal must be noted.
Appellant DAR Official Step 1: Filing of initiatory pleading, protest, or petition to lift the CARP coverage Step 2: Notify all parties on the initiatory pleading (if filed at the DARMO) *Docketing, case brief & transmittal of the case folder if filed at the DARPO or DARRO (w/ in 5 working days)
Step 3: Mediation and conciliation Written report of the result of the mediation and conciliation to PARO & all parties concerned What are the key steps in the resolution of an ALI case?
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When is a case or controversy decided by the appropriate authority? RA 6657 (1988), Section 51 provides that any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution.
The deciding authority will furnish a copy of decision directly to the parties as well as the PARO, MARO, BARC, and all other DAR officials who took part in the case or who take part in its execution or implementation.
Who renders the final decision of ALI case? The Regional Director has the authority to render final decision of ALI cases. However, in cases where the DAR Secretary exercises its exclusive original jurisdiction, the DAR Secretary has the final decision.
Step 4: Conduct of Investigations and attested written summary of proceedings and substance of evidence by the parties or their counsel Step 5: Conduct of Ocular Inspection and initial report Step 6: Submission of position papers
Submission of Recommendation by Investigating Officer Step 7: Promulgation of Decision copy furnish all parties Step 8: Execution of Decision Appellant DAR Official
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Can one disagree with the decision or resolution of an ALI case? Yes. Unless the decision of the deciding authority is final, and may do so only within a non-extendible period of fifteen (15) days from receipt of the decision.
What will the losing party do if his/ her motion for reconsideration is reversed by the deciding authority? The losing party may perfect his/ her appeal before the DAR Secretary (if the motion is on the decision/ order of the RD) or the Office of the President (if the motion is on the decision/ order of the DAR Secretary) within a full but non-extendible period of 15 days from receipt of the new decision.
What are the valid grounds for making an appeal? One can file an appeal if there are serious errors in the findings of facts or conclusion of law which may cause grave and irreparable damage or injury to the appellant; or if there is coercion, fraud, or clear graft and corruption in the issuance of a decision.
What will the appellant do in preparation for his/ her appeal? The appellant shall submit an Appeal Brief to the Bureau of Agrarian Legal Assistance (BALA) within 10 days from perfection of the appeal copy furnished the adverse party of the appellee and the Regional Director. Administrative Order No. 3 (2003), Section 29
What is the appeal flow process of ALI case? DAR Official Appellant/ Appellee Step 1: Filing of motion for reconsideration (within non- extendible period of 15 fays from receipt of the decision) Step 2: Ruling of the Motion for Reconsideration (within 30 days from the filing date)
Step 3: Appeal before the DAR Secretary Step 4: Appeal Pleadings (within 10 days from perfection of the appeal) Step 5: Submission of Comments by the Appellee
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Can an appellant appeal directly to the Court of Appeals? Yes. The appellant can still elevate his/ her appeal directly to the Court of Appeals or judicial forum, until and unless the judicial forum dismisses the appeal for failure to exhaust administrative remedies.
What are the procedures of appeal to the Court of Appeals?
Step 8: Appeal to the Office of the President Step 9: Decision on the Appeal (anytime during the pendency of the appeal Step 6: Issuance of a Preliminary Order copy furnish all parties
Step 7: Submission of Recommendation Appellant DAR Official Step 1: Appeal to Judicial Forum Step 3: Execution of Decision (upon completion of the Certificate of Finality) Appellant DAR Official Step 2: Finality of Decision (after the lapse of 15 days from the receipt of an official copy of the decision by the last recipient)
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When can we say that the order/ decision is final and executory?
An order, decision, or resolution is final and executory when: All Parties have received the official copy of the order/ decision/ resolution; After the lapse of 15 days from the date receipt of the official copy of the order/ decision/ resolution; There is neither motion for reconsideration nor appeal of the order/ decision/ resolution.
When will the appellant receive the Certificate of Finality? The appellant may receive the certificate of finality after five (5) days from the date of finality of a case from the Regional Director or deciding authority.
Who enforces the final order/ decision/ resolution?
Pursuant to AO No. 3 (2003), Sec. 36, upon completion of the certificate of finality, the Regional Director or deciding authority, upon motion or motu propio, issue a writ of execution ordering the MARO or appropriate DAR official to enforce the final order/ decision/ resolution.
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Sources:
BATAS The Paralegals Guidebook on Agrarian Reform Laws-Volume 6, 2003 Produced by: Bureau of Agrarian Reform Information and Education (BARIE) Communications Development Division (CDD)
Affirmation in Support of Motion Averring Lack of standing of the Federal Southern District NY Court to render any order or judgment that are a priore moot due to lack of subject matter jurisdiction of the Court