- The jurisdiction of the Department of Agrarian Reform
under Section 50 of the Comprehensive Agrarian
Chapter XII Reform Law of 1988 is two-fold, to wit:
Administrative Adjudication
1) The first is essentially executive and pertains to the
enforcement and administration of the laws, carrying them into
Section 50 as last updated by RA 9700 (2009)
practical operation and enforcing their due observance; and
Quasi-Judicial Powers of the DAR. —
The DAR is hereby vested with primary jurisdiction to
2) The second is judicial and involves the determination of rights
determine and adjudicate agrarian reform matters
and obligations of the parties.2 [Soriano v. Bravo, G.R. No.
and shall have exclusive original jurisdiction over all 152086 (December 15, 2010), 653 Phil. 72-96.]
matters involving the implementation of agrarian
reform, except those falling under the exclusive \\\Therefore, a line must be drawn between the functions of
jurisdiction of the Department of Agriculture (DA) and the
the DENR. - Department of Agrarian Reform Regional Office
- The function of the Department of Agrarian
It shall not be bound by technical rules of procedure Reform Regional Office concerns the
and evidence but shall proceed to hear and decide all implementation of agrarian reform laws;
cases, disputes or controversies in a most - The first is essentially executive because it
expeditious manner, employing all reasonable means pertains to the enforcement and
to ascertain the facts of every case in accordance administration of the laws, carrying them into
with justice and equity and the merits of the case. practical operation and enforcing their due
Toward this end, it shall adopt a uniform rule of observance.
procedure to achieve a just, expeditious and - and the functions of the
- Department of Agrarian Reform Adjudication Board.
inexpensive determination of every action or
- The functions of the Department of Agrarian
proceeding before it.
Reform Adjudication Board, including the
Regional Agrarian Reform Adjudicators or
It shall have the power to summon witnesses, Provincial Agrarian Reform Adjudicators,
administer oaths, take testimony, require submission concerns adjudication of agrarian reform
of reports, compel the production of books and cases.
documents and answers to interrogatories and issue - The second is judicial in nature, involving as it
subpoena, and subpoena duces tecum and to does the determination of rights and
enforce its writs through sheriffs or other duly obligations of the parties.
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 ADMINISTRATIVE ADJUDICATION
provided in the Rules of Court.
DARAB: FUNCTIONS
Responsible farmer leaders shall be allowed to
represent themselves, their fellow farmers, or their of the Department of Agrarian Reform
organizations in any proceedings before the DAR:
Provided, however, That when there are two or more
representatives for any individual or group, the DARAB
representatives should choose only one among
themselves to represent such party or group before NOTE: DARAB Quasi-Judicial JURISDICTION
any DAR proceedings. \\\The The quasi-judicial power of the Department of Agrarian
Reform, which it exercises through the Department of Agrarian
Notwithstanding an appeal to the Court of Appeals, Reform Adjudication Board, embraces the following
the decision of the DAR shall be immediately 1) Primary jurisdiction to determine and adjudicate agrarian
executory except a decision or a portion thereof reform matters; and
involving solely the issue of just compensation. 2) Appellate jurisdiction over orders and decisions of the
Agrarian Reform Adjudicators.
---------------------------------------------------------
ADMINISTRATIVE ADJUDICATION
NOTE: DARAB Quasi-Judicial POWERS
The Quasi-Judicial Powers of the Department of Agrarian Reform
NOTES: DARAB(judicial) AND DAR REGIONAL OFFICE In the exercise of its quasi-judicial powers, the Department of
(executive) Agrarian Reform Adjudication Board is authorized to:
1) hear and decide cases within its jurisdiction;
NOTE: Two-Fold Jurisdiction of the Department of Agrarian 2) summon witnesses;
Reform 3) administer oaths;
4) take testimony;
• __
5) issue subpoena ad testificandum or duces tecum; a part of the administrative implementation of the agrarian
6) issue writs of execution; reform program.12 [Alangilan Realty & Development
7) punish direct or indirect contempt. Corporation v. Office of the President, G.R. No. 180471 (March
26, 2010], 630 Phil. 619-630.]
NOTE: DARAB Has No Jurisdiction over
Matters Pertaining to Ownership NOTE: DARAB Has No Jurisdiction over
When the controversy pertains to ownership, there is no agrarian
dispute, hence, the matter is beyond the jurisdiction of the Matters Pertaining to Identification and
Department of Agrarian Reform Adjudication Board. As held by
Selection of Beneficiaries
the Supreme Court in the case of Heirs of Herman Rey Santos v.
Identification and selection of agrarian reform beneficiaries are
Court of Appeals:
matters involving administrative implementation of the agrarian
- Petitioners and private respondent have no tenurial,
reform program. Therefore, the matter is cognizable by the
leasehold, or any agrarian relations whatsoever that
Secretary of Agrarian Reform and not by the Department of
could have brought this controversy under the ambit of
Agrarian Reform Adjudication Board. Hence, any party who
the agrarian reform laws.
claims to have priority over those who have been identified by
- Consequently, the DARAB has no jurisdiction over the
the Municipal Agrarian Reform Officer should file his protest with
controversy and should not have taken cognizance of
the said Municipal Agrarian Reform Officer or Provincial Agrarian
private respondent's petition for injunction in the first
Reform Officer and later to the Department of Agrarian Reform,
place.
but not with the Department of Agrarian Reform Adjudication
Board.13 [Concha v. Rubio, G.R. No. 162446 (March 29, 2010),
NOTE: DARAB Has No Jurisdiction over 631 Phil. 21-42.]
Retention or Exemption Issues ---------------------------------------------------------
Issues pertaining to retention rights of the landowner and the ADMINISTRATIVE ADJUDICATION
exclusion or exemption from agrarian reform coverage are not
cognizable by the Department of Agrarian Reform Adjudication
board,
PARAB: FUNCTIONS
- INSTEAD: but by the Secretary of the Department of
Agrarian Reform because because they pertain to NOTE: PARAB
administrative implementation of agrarian
\\\In general, the Provincial Agrarian Reform Adjudicator
- has primary and exclusive jurisdiction to hear and
NOTE: DARAB Has No Jurisdiction over decide agrarian disputes.
- An agrarian dispute is defined in this manner:
Right of Way Issues - \\\refers to any controversy relating to
The Department of Agrarian Reform Adjudication Board cannot - tenurial arrangements, whether
entertain a petition for right of way filed by agrarian reform Leasehold, tenancy, stewardship or
beneficiaries against an adjoining landowner because the issue otherwise,
of right of way or easement over private property without - over lands devoted to agriculture,
tenancy relations is outside the jurisdiction of the Board. including
- Laguna Estates Development Corp. v. Court of - disputes concerning farmworkers'
Appeals G.R. Nos. 119357, 119375 (July 6, 2000), 390 associations or representation of
Phil. 326-336 persons in negotiating, fixing,
- HELD: The Department of Agrarian Reform Adjudication maintaining, changing, or seeking to
Board has no jurisdiction. For it to have jurisdiction over arrange terms or conditions of such
a case, there must exist a tenancy relationship tenurial arrangements.
between the parties. An issue of right of way or - "It includes any controversy relating to
easement over private property without tenancy compensation of lands acquired under this
relations is outside the jurisdiction of the Department of Act and other terms and conditions of transfer
Agrarian Reform Adjudication Board. This is not an of ownership from landowners to farmworkers,
agrarian issue. Jurisdiction is vested in a court of tenants and other agrarian reform
general jurisdiction. beneficiaries, whether the disputants stand in
the proximate! relation of farm operator and
beneficiary, landowner and tenant, or lessor
and lessee."
NOTE: DARAB Has No Jurisdiction to Identify
and Classify Landholdings for Agrarian NOTE: It must be noted that not every case involving an
agricultural land automatically makes it an agrarian dispute
Reform Coverage upon which the Department of Agrarian Reform Adjudication
The jurisdiction to classify and identify landholdings for agrarian Board has jurisdiction.
reform coverage is reposed in the Secretary of Agrarian Reform - The mere fact that the land is agricultural does not ipso
and not with the Department of Agrarian Reform Adjudication facto make the possessor an agricultural lessee or
Board because the matter of agrarian reform coverage is strictly tenant.
2
• __
- Tenancy is not a purely factual relationship dependent Agrarian Reform and the Land Bank, which were
on what the alleged tenant does upon the land. It is transferred, distributed, or sold to tenant-beneficiaries
also a legal relationship. and covered by
- The intent of the parties, the understanding when the - deeds of sale, patents, and certificates of title;
farmer is installed, and their written agreements, - 10) Cases previously falling under the original a
provided these are complied with and are not contrary exclusive jurisdiction of the defunct Court of Agrarian
to law, are even more important. Relations under Section 12 of Presidential Decree No.
- The law states that an agrarian dispute must be a 946, except those cases falling under the proper courts
controversy relating to a tenurial arrangement over or other quasi-judicial bodies; and
lands devoted to agriculture. And such arrangement - 11) Such other agrarian cases, disputes, matters or
may be leasehold, tenancy or stewardship. If the concerns referred to it by the Secretary of the
occupancy and possession was by mere tolerance, Department of Agrarian Reform.
there is no agrarian dispute to speak of.
NOTE: APPEAL FROM DECISIONS OF PARAB
NOTE: PARAB ORIGINAL AND EXCLUSIVE - Appeal from Decisions of the Provincial Agrarian
Reform Adjudicator Decisions of the Provincial Agrarian
JURISDICTION PERTAINING TO:
Reform Adjudicator
\\\Specifically, the Provincial Agrarian Reform Adjudicator has
- are appealable to the Department of Agrarian Reform
primary and exclusive jurisdiction to determine and adjudicate
Adjudication Board (DARAB) within 15 days from
matters pertaining to:
receipt of the resolution, decision, or order appealed
- 1) Rights and obligations of persons engaged in the
from.
management, cultivation, and use of all agricultural
- SOURCE: 2009 Department of Agrarian Reform
lands covered by the Comprehensive Agrarian Reform
Adjudication Board Rules of Procedure, Rule II, Section
Law of 1988 and other related agrarian laws;
2 and Rule XIV, Section 1.
- 2) Preliminary administrative determination of
reasonable and just compensation of lands acquired ---------------------------------------------------------
under Presidential Decree No. 27 and the ADMINISTRATIVE ADJUDICATION
Comprehensive Agrarian Reform Program;
- 3) Annulment or rescission of lease contracts or deeds
of sale of lands under the administration and
RARAB: FUNCTIONS
disposition of the Department of Agrarian Reform or
Land Bank, including amendment of titles of The Regional Agrarian Reform Adjudicator
agricultural lands under the administration and
disposition of the Department of Agrarian Reform, Land NOTE: The Regional Agrarian Reform Adjudicator is the Executive
Bank; as well as Emancipation Patents issued under Adjudicator in the Region. It is vested with the following
Presidential Decree No. 266, Homestead Patents, Free functions:
Patents, and miscellaneous sales patents to settlers in \\\
settlement and resettlement areas under the 1) Administrative supervision over the Provincial Agrarian Reform
administration and disposition of the Department of Adjudicator including the monitoring of cases in the Region;
Agrarian Reform; 2) Conduct hearing and adjudication of agrarian disputes within
- 4) Ejectment and dispossession of tenants or the Region;
leaseholders; 3) Conduct hearing on the following:
- 5) Sale, alienation, preemption, and redemption of - a) Cases that cannot be handled by the Provincial
agricultural lands under the coverage of the Agrarian Reform Adjudicator on account of inhibition,
Comprehensive Agrarian Reform Law of 1988, as disqualification or when there is no Provincial Agrarian
amended or other agrarian laws; Reform Adjudicator designated in the locality;
- 6) Correction, partition, secondary and subsequent - b) Matters of such complexity and sensitivity that the
issuances such as reissuance of lost or destroyed decision thereof would constitute an important
owner's duplicate copy and reconstitution of precedent affecting regional interest as may be
Certificates of Land Ownership Award and recommended by the concerned Regional Agrarian
Emancipation Patents which are registered with the Reform Adjudicator and approved by the Department
Land Registration Authority; of Agrarian Reform Adjudication Board; and
- 7) Review of leasehold rentals and fixing of disturbance - c) Preliminary determination of just compensation of
compensation; lands valued at Ten Million Pesos (Php 10,000,000.00) to
- 8) Collection of amortization payments, foreclosure Fifty Million Pesos (Php60,000,000.00);
and similar disputes concerning the functions of the - d) Conduct hearing on applications for the issuance of
Land Bank, and payments for lands awarded under a writ of preliminary injunction or temporary restraining
agrarian laws, including payment for residential, order and such other cases which the Department of
commercial, and industrial lots within the settlement Agrarian Reform Adjudication Board may assign.
and resettlement areas under the administration and \\\
disposition of the Department of Agrarian Reform;
---------------------------------------------------------
- 9) Boundary disputes over lands under the
administration and disposition of the Department of Section 50-A as last updated by RA 9700 (2009)
3
• __
Exclusive Jurisdiction on Agrarian Dispute. — Any case or controversy before it shall be decided
within thirty (30) days after it is submitted for
No court or prosecutor's office shall take cognizance resolution. Only one (1) motion for reconsideration
of cases pertaining to the implementation of the shall be allowed. Any order, ruling or decision shall be
CARP except those provided under Section 57 of final after the lapse of fifteen (15) days from receipt of
Republic Act No. 6657, as amended. If there is an a copy thereof.
allegation from any of the parties that the case is ---------------------------------------------------------
agrarian in nature and one of the parties is a farmer,
NOTES: above
farmworker, or tenant, the case shall be automatically
referred by the judge or the prosecutor to the DAR
NOTE: Any case or controversy before it shall be
which shall determine and certify within fifteen (15)
decided within thirty (30) days after it is submitted for
days from referral whether an agrarian dispute exists:
resolution.
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
NOTE: Any order, ruling or decision shall be final after
prosecutor's office, the appeal shall be with the
the lapse of fifteen (15) days from receipt of a copy
proper regional trial court, and in cases referred by
thereof.
the regional trial court, the appeal shall be to the
Court of Appeals.
- While this provision imparts that the order, ruling or
decision of the Department of Agrarian Reform
In cases where regular courts or quasi-judicial bodies becomes final after the lapse of 15 days, that does not
have competent jurisdiction, agrarian reform mean that the aggrieved party can no longer avail of
beneficiaries or identified beneficiaries and/or their other remedies.
associations shall have legal standing and interest to - If the order, ruling or decision is tainted with grave
intervene concerning their individual or collective abuse of discretion amounting to lack of jurisdiction,
rights and/or interests under the CARP. the aggrieved party can file a special civil action for
certiorari.
The fact of non-registration of such associations with
the Securities and Exchange Commission, or ---------------------------------------------------------
Cooperative Development Authority, or any Section 52 Frivolous Appeals. —
concerned government agency shall not be used To discourage frivolous or dilatory appeals from the
against them to deny the existence of their legal decisions or orders on the local or provincial levels,
standing and interest in a case filed before such the DAR may impose reasonable penalties, including
courts and quasi-judicial bodies. but not limited to fines or censures upon erring
--------------------------------------------------------- parties.
DAR: Exclusive Jurisdiction on Agrarian Dispute ---------------------------------------------------------
NOTES: Frivolous Appeals
NOTE: Agrarian Case Directly Filed in Court
- Action to Be Taken NOTE:To discourage frivolous or dilatory appeals from
\\\The primary jurisdiction to determine and adjudicate
the decisions
\\\As to what is a frivolous or dilatory appeal
agrarian reform matters is vested with the Department of
- is a factual matter which should be decided
Agrarian Reform. Should a party directly file a case with the
according to the surrounding facts and circumstances.
regular court and a pleading alleges that the case is agrarian in
nature and one of the parties is a farmer, farmworker, or tenant, ---------------------------------------------------------
the Court should not dismiss the case. Instead, it should refer the Section 53 Certification of the BARC. —
matter to the Department of Agrarian Reform for the purpose of The DAR shall not take cognizance of any agrarian
determining and certifying within 15 days from referral whether dispute or controversy unless a certification from the
an agrarian dispute exists. BARC that the dispute has been submitted to it for
mediation and conciliation without any success of
settlement is presented: Provided, however, That if
NOTE: The aggrieved party has 15 days to no certification is issued by the BARC within thirty
appeal the ruling of DAR to the: (30) days after a matter or issue is submitted to it for
1) Regional Trial Court - For cases referred by the municipal trial mediation or conciliation the case or dispute may be
court or the prosecutor's office; and brought before the PARC.
2) Court of Appeals - For cases referred by the Regional Trial ---------------------------------------------------------
Court.
NOTES: CERTIFICATION OF BARC REQUIREMENT
---------------------------------------------------------
Section 51 Finality of Determination. — NOTE: Prerequisite to Filing of Complaint Before the Department
of Agrarian Reform Adjudication Board
4
• __
- \\\The Department of Agrarian Reform Adjudication
Board or its Adjudicators shall not take cognizance of
any agrarian case, dispute, or controversy,
- unless a certification from the Barangay Agrarian
Reform Committee of the barangay where the land
involved is located is presented, to the effect that the
dispute has been submitted to it for mediation or
conciliation without any success or settlement.
EXCEPTION: However, Barangay Agrarian Reform Committee
certification is not necessary in the following cases:
1) where the issue involves the valuation of land to determine
just compensation for its acquisition;
2) where one party is a public or private corporation,
partnership, association or juridical person, or a public officer or
employee and the dispute relates to the performance of his
official functions;
3) where the Secretary of the Department of Agrarian Reform
directly refers the matter to the Department of Agrarian Reform
Adjudication Board or the Adjudicator; or
4) where the Municipal Agrarian Reform Officer or, in his
absence, the Senior Agrarian Reform Program Technologist or
Agrarian Reform Program Technologist certifies the nonexistence
of the Barangay Agrarian Reform Committee or the inability of
the Barangay Agrarian Reform Committee to convene.
[Department of Agrarian Reform Adjudication Board Rules of
Procedure, Rule III, Section 1.]
* ALSO: Barangay Agrarian Reform Committee Certification Not
Needed in Judicial Determination of Just Compensation [SAC]
- The Barangay Agrarian Reform Committee is needed
only for cases filed before the Department of Agrarian
Reform Adjudication Board.
- It is not needed in petitions filed with the special
agrarian courts for determination of just compensation,
because the jurisdiction of Special Agrarian Courts
over petitions for determination of just compensation is
original and exclusive.
---------------------------------------------------------
