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COMPREHENSIVE

AGRARIAN REFORM LAW


SECTIONS 49-53
SECTION 49. RULES AND REGULATION

The PARC and the DAR shall have the power to


issue rules and regulations, whether substantive
or procedural, to carry out the objects and
purposes of this act. Said rules shall take effect
ten (10) days after publication in two (2)
national newspapers of general circulation.
RULE MAKING OF DAR and PARC

To promulgate rules and regulations, whether


substantial or procedural
LIMITATION: Cannot enlarge or amend the
provisions of the statute.
ADMINISTRATIVE
ADJUDICATION
SECTION 50. QUASI-JUDICIAL
POWERS OF THE DAR
 The DAR is hereby vested with primary jurisdiction to determine and
adjudicate agrarian reform matters and shall have exclusive original
jurisdiction over all matters involving 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)
 "It shall not be bound by technical rules of procedure and evidence but shall
proceed to hear and decide all cases, disputes or controversies in a most
expeditious manner, employing all reasonable means to ascertain the facts of every
case in accordance with justice and equity and the merits of the case. Toward this
end, it shall adopt a uniform rule of procedure to achieve a just, expeditious and
inexpensive determination of every action or proceeding before it.
 "It shall have the power to summon witnesses, administer oaths, take testimony,
require submission of reports, compel the production of books and documents and
answers to interrogatories and issue subpoena, and subpoena duces tecum and to
enforce its writs through sheriffs or other duly deputized officers. It shall likewise have
the power to punish direct and indirect contempts in the same manner and subject
to the same penalties as provided in the Rules of Court.
 "Responsible farmer leaders shall be allowed to represent themselves, their fellow
farmers, or their organizations in any proceedings before the DAR Provided,
however, That when there are two or more representatives for any individual or
group, the representatives should choose only one among themselves to represent
such party or group before any DAB proceedings.
 (As amended by RA 9700. Section 18)
DOCTRINE OF PRIMARY
JURISDICTION
Where there is competence or jurisdiction
vested upon an administrative body to act
upon a matter, no resort to the courts may be
made before such administrative body shall
have acted upon the matter.
TWO-FOLD JURISDICTION OF THE
DAR

EXECUTIVE: Enforcement and Administration


of the laws, carrying them into practical
operations and enforcing their due observance.
This is a function belongs to the DAR Regional
Office : Implementation of agrarian reform laws.
JUDICIAL: Determination of rights and
obligations of the parties.
Function that belongs to DAR Adjudication
Board (DARAB)
QUASI-JUDICIAL JURISDICTION OF
THE DAR
Exercises through the DARAB:
1. Primary Jurisdiction to determine and
adjudicate agrarian reform matters.
2. Appellate Jurisdiction over orders and
decisions of the Agrarian Reform Adjudicators.
(Sec. 2, Rule II, 2009 DARAB Rules of Procedure.)
QUASI-JUDICIAL POWERS OF THE
DAR
 Hear and decide cases within its jurisdiction
 Summon witnesses
 Administer oaths
 Take testimony
 Issue subpoena ad testificandum or duces tecum
 Issue writs of execution; and
 Punish direct or indirect contempt
PARAD
 In general, has primary and exclusive Jurisdiction to hear and decide
agrarian disputes.
 Decisions are appealable to the DARAB within 15 days

RARAD
 The Executive Adjudicator in the Region;
 Vested with function to supervise PARAD and monitoring cases in the
Region;
 Conduct hearing and adjudication of agrarian disputes within the region;
 Conduct hearing on the following:
 A. Cases that cannot be handled by PARAD on account of inhibition,
disqualification or when there is no PARAD designated in the locality;
 Matters of such complexity and sensitivity that the decision thereof would
constitute an important precedent affecting regional interest as may be
recommended by the concerned RARAD and approved by the Board; and
 Preliminary determination of just compensation of lands valued at P10M to P50M.
 Conduct hearing on applications for the issuance of a writ of preliminary
injunction or temporary restraining order and such other cases which the board
may assign.
LEGAL ANCHORS
The Case of Victoria Cabral vs. CA (GR No.
101974; July 12, 2001)
The Case of Machete vs. CA (250 SCRA 176;
1995)
 Remigio Isidro vs. CA (GR No. L-105586; December 15,
1993)
 Laguna Estates vs. CA (GR No. 119357; July 5, 2000)
SECTION 50-A. EXCLUSIVE
JURISDICTION ON AGRARIAN DISPUTE
 "No court or prosecutor's office shall take cognizance of cases
pertaining to the implementation of the CARP except those provided
under Section 57 of Republic Act No. 6657, as amended. If there is an
allegation from any of the parties that the case is agrarian in nature
and one of the parties is a farmer, farmworker, or tenant, the case
shall be automatically referred by the judge or the prosecutor to the
DAR which shall determine and certify within fifteen (15) days from
referral whether an agrarian dispute exists: Provided, That from the
determination of the DAR, an aggrieved party shall have judicial
recourse. In cases referred by the municipal trial court and the
prosecutor's office, the appeal shall be with the proper regional trial
court, and in cases referred by the regional trial court, the appeal shall
be to the Court of Appeals.
 "In cases where regular courts or quasi-judicial bodies have
competent jurisdiction, agrarian reform beneficiaries or identified
beneficiaries and/or their associations shall have legal standing and
interest to intervene concerning their individual or collective rights
and/or interests under the CARP.
 "The fact of non-registration of such associations with the Securities
and Exchange Commission, or Cooperative Development Authority,
or any concerned government agency shall not be used against
them to deny the existence of their legal standing and interest in a
case filed before such courts and quasi-judicial bodies.“
 (As amended by RA 9700. Section 19)
AGRARIAN CASE DIRECTLY FILED IN
COURt
As a rule, the determination and adjudication of
agrarian reform matters are vested with the DAR
having the primary jurisdiction.
Agrarian case directly filed in court shall be
referred to the DAR to determine whether
agrarian dispute exists.
The aggrieved party has fifteen days to appeal
the ruling of the DAR to the:
RTC – For cases referred by the MTC or the prosecutor’s
office; and
CA – For cases referred by the RTC.
SECTION 51. FINALITY OF
DETERMINATION
 Any case or controversy before it shall be decided
within thirty (30) days after it is submitted for resolution.
Only one (1) motion for reconsideration shall be allowed.
Any order, ruling or decision shall be final after the lapse
of fifteen (15) days from receipt of a copy thereof.

 Aggrieved party can elevate the order or ruling of the DAR to


CA by way of petition for review on certiorari under Rule 43 of
the Rules of Court.
Section 52. Frivolous Appeals.

To discourage frivolous or dilatory appeals from


the decisions or orders on the local or provincial
levels, the DAR may impose reasonable
penalties, including but not limited to fines or
censures upon erring parties.

Determine the surrounding facts and circumstances.


SECTION 53. CERTIFICATION OF THE
BARC
 The DAR shall not take cognizance of any agrarian
dispute or controversy unless a certification from the
BARC that the dispute has been submitted to it for
mediation and conciliation without any success of
settlement is presented: provided, however, that if no
certification is issued by the BARC within thirty (30) days
after a matter or issue is submitted to it for mediation or
conciliation the case or dispute may be brought before
the PARC.
BARC CERTIFICATION REQUIREMENT

 1. The DAR shall not take cognizance of any agrarian dispute of


controversy unless a certification from the BARC that the dispute has been
submitted to it for mediation and conciliation without any success of
settlement is presented.
 *Failure to present a BARC certification is not a ground for dismissal of the
action. The complainant or petitioner will be given every opportunity to
secure the BARC certification. [Rule III, Section 1(c) of the DARAB Rules]
EXCEPTIONS TO THE BARC
CERTIFICATION REQUIREMENT:
 1. The issue involves the valuation of the land to determine just
compensation for its acquisition;
 2. One of the party is a public or private corporation, a partnership,
association or juridical person, or a public officer or employee and
the dispute relates to the performance of his official functions;
 3. The Secretary of Agrarian Reform directly refers the matter to the
DARAB or Adjudicator;
 4. The MARO or, in his absence, the Senior Agrarian Reform
Program Technologist or Agrarian Reform Program Technologist
certifies the non-existence of the BARC or the inability of the BARC
to convene.