FAQs On DARAB & ALI PDF
FAQs On DARAB & ALI PDF
FAQs On DARAB & ALI PDF
FAQs on:
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.
U napplicability
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.
E xpediency
Appearance of non-lawyer
Liberal
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.
Jurisdiction of DAR
Annulment
Rights
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;
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;
Application
Determination
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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Authority
Type of Cases
BARC Chairman/MARO
Provincial Agrarian
(PARO)
Reform Officer
DAR Secretary/
and PARADs)
Adjudicators (RARADs
RARAD
M assive 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
Appellant
Step 1: Issuance of an Order to Head of Office/Unit
concerned
Appellant
DAR Official
Adjudicator
Settled
Unsettled
(Case Closed)
Step 3: Return the unsettled case
Step 4: Filing complaint before the Adjudicator
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.
Complainant
Adjudicator
Adjudicator
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
Appellant
DAR Official
DAR Official
Appellant
DAR Official
Appellant
DAR Official
qqqq
Sources:
BATAS The Paralegals Guidebook on
Agrarian Reform Laws-Volume 6,
2003
qqqq
Produced by:
Bureau of Agrarian Reform Information and Education (BARIE)
Communications Development Division (CDD)