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These revised Rules of Procedure were published in The Manila Standard and The
Philippine Daily Inquirer on January 20, 1989, and took effect 15 days after publication, or
February 6, 1989.

General Provisions
Section 1. Title
Section 2. Construction
Section 3. Technical Rules Not Applicable
Section 4. Official Seal
Jurisdiction of the Adjudication Board
Section 1. Primary, Original and Appellate Jurisdiction
Section 2. Delegated Jurisdiction
Section 3. Functional Relationships
Section 4. Role of the RARAD
Section 5. Appellate Jurisdiction
Section 6. Enforcement Powers
Mediation or Conciliation at Barangay Level Required
Section 1. BARC Certification Requirement
Section 2. Exceptions
Section 3. Issuance of BARC Certification in Thirty (30) Days
Section 4. Land in Two Barangays
Section 5. Special Rules on Mediation and Conciliation
Commencement of Action, Venue and Cause of Action
Section 1. Complaint or Petition
Section 2. Venue
Section 3. One Suit for a Single Cause of Action
Section 4. Joinder of Causes of Action
Parties, Caption and Service of Pleadings
Section 1. Parties in Interest
Section 2. Pauper Litigant
Section 3. Association or Corporations as Defendants
Section 4. Service of Pleadings
Section 5. Service upon Associations
Section 6. Service upon Private Domestic Corporation or Partnership
Section 7. Service upon Public Corporations
Section 8. Return of Service
Section 9. Proof and Completeness of Service
Summons and Answers
Section 1. Issuance of Summons and Time to Answer
Section 2. Answer Required
Section 3. Counterclaim or Crossclaim
Section 4. Time to Answer Non-Extendible
Section 5. No Default Upon Failure to Answer
Section 1. Appearance
Section 2. Manner of Appearance
Section 3. Assignment of DAR Lawyer or Para-legal officer
Section 4. Authority to Bind Party
Proceedings Before the Adjudicators
Section 1. Nature of Proceedings
Section 2. Role of the Adjudicator in the Proceedings
Section 3. Totality of Case Assigned
Section 4. Initial Conference or Hearing
Section 5. Submission of Sworn Statements or Affidavits
Section 6. Determination of Necessity of Hearing
Section 7. Period to Decide the Case Without Hearing
Section 8. Presentation of Evidence
Section 9. Extent of Cross-Examination
Section 10. Non-Appearance of Parties
Section 11. Record of Proceedings
Section 12. Doubts to be Resolved in Favor of the Beneficiary
Section 13. Conciliation of Disputes
Section 14. Time for Decision on the Merits
Section 15. Finality of Judgment
Section 16. One Motion for Reconsideration Allowed
Section 1. Expeditious Resolutions of Motions
Section 2. Non-Allowable Motions
Section 3. Intervention and Interpleader
Section 4. Relief from Judgment
Preliminary Injunction
Section 1. Preliminary Injunction When Granted
Section 2. No Injunction to Restrain Tilling or Harvesting
Section 3. Injunction Ex-Parte
Section 4. When Injunction Becomes Permanent
Section 1. Direct Contempt
Section 2. Indirect Contempt
Section 3. Appeal from Contempt Against Adjudicator
Section 1. Execution upon Final Order or Decision
Section 2. Immediate Execution of Order or Decision
Section 3. No Stay of Execution, Exception
Section 4. Effects of Defiance
Section 1. Appeal to the Board
Section 2. Grounds
Section 3. Where to File
Section 4. Caption
Section 5. Requisites for the Appeal
Section 6. Perfection of Appeal: No Extension of Period
Section 7. Appeal Memorandum
Section 8. Records of Case
Section 9. Frivolous or Dilatory Appeal
Section 10. Withdrawal of Appeal
Section 11. Period to Decide Case
Section 12. One Motion for Reconsideration
Judicial Review
Section 1. Certiorari to the Court of Appeals
Section 2. Just Compensation Cases to the Special Agrarian Courts
Section 3. Findings of Fact Final and Conclusive
Section 4. No Restraining Order or Preliminary Injunction
Section 5. Preferential Attention in Courts
Board Regulations
Section 1. Assignment of Cases
Section 2. En-Banc Meeting
Section 3. Presiding Officer
Section 4. Quorum and Vote
The Secretariat — Powers and Duties
Section 1. The Secretariat
Section 2. Access to the Board Records
Section 3. Custody of the Seal and Books of the Board
Section 4. Calendar, General Docket and Other Books of the Board
Section 5. Issuance of Certified True Copies
Section 6. Power to Administer the Oath
Miscellaneous Provisions
Section 1. Transitory Provisions
Section 2. Separability of Provisions
Section 3. Repealing Clause
Section 4. Effectivity

Republic Act No. 6657 vests in the Department of Agrarian Reform quasi-judicial powers
through the DAR Adjudication Board (DARAB). This allows agrarian reform disputes, and
other issues, to be adjudicated more expeditiously and with the least expense for litigants,
particularly the disadvantaged beneficiaries nationwide.

To guide us in the exercise of these quasi-judicial powers, we have adopted and

promulgated these Revised Rules of Procedure of the DARAB. This document amends the
previous Rules of Procedure adopted on January 29, 1988, pursuant to Executive Order No.
129-A of July 26, 1987, in relation to E.O. No. 229 of July 27, 1987.

We thus now have an official reference and guide for the steps to be taken once a petition or
complaint is filed with the different branches of the DAR, from the first level all the way up
to the Adjudication Board itself, located at the DAR Central Office, Quezon City.

Since the DARAB will be called upon to pass judgment on, say, the validity and/or
legitimacy of parceling out agricultural lands, public or private, which judgments shall have
a bearing on generations to come, we saw to it that all the necessary safeguards were
included in the Revised Rules of Procedure.

The primary objective of these Rules, it cannot be overstressed, is to promote a just, speedy
and inexpensive adjudication and disposition of agrarian disputes. Towards this end, among
the salient features and underlying principles of the Revised Rules are:

1. Agrarian cases brought before the DARAB are to be viewed as non-litigious, non-
adversarial and non-confrontational in character.

2. The Rules of Court do not apply in the DARAB, not even in a supplemental
character, except in contempt cases.

3. The proceedings are summary in nature and, as such, the legal processes have been
considerably shortened.

4. The Rules are flexible enough to allow for creativity and innovation in procedural
matters to be able to deal adequately with the peculiar circumstances attendant to agrarian

5. The Rules are specially crafted to allow the Adjudication Board free and unfettered
exercise of its broad discretionary powers to carry into effect a firm State policy in
dispensing social justice in the field of agrarian reform.

We are grateful to Justice Milagros A. German, DAR Consultant, and the members and staff
of the Adjudication Board for sharing their vast collective experience and training in
agrarian law in the formulation of these Revised Rules of Procedure.


Secretary of Agrarian Reform
Chairman, DARAB

This is an amendment to the Preface that appears in the leaflet entitled, "Rules of the
Department of Agrarian Reform Adjudication Board," that was signed and adopted by the
Board on January 29, 1988. The said rules took effect on March 8, 1988.

When these rules were being prepared, only E.O. 228, E.O. 229 and E.O. 129-A, were the
bases in drafting them. So much room was left to clarify, specify and strengthen the quasi-
judicial powers granted to the Department of Agrarian Reform in the arbitration,
adjudication and settlement of agrarian cases. The Comprehensive Agrarian Reform
Program was then being discussed and debated on by Congress.

On June 10, 1988, R.A. No. 6657 was signed into law entitled, "An Act Instituting a
Comprehensive Agrarian Reform Program to Promote Social Justice and Industrialization,
Providing the Mechanism for its Implementation, and Other Purposes," having been enacted
by the Senate and the House of Representatives of the Philippines on June 7, 1988. RA 6657
began to take effect on June 15, 1988.

As pointed out in Section 50, Chapter XII, which covers the administrative adjudication of
agrarian an cases, the Barangay Agrarian Reform Committee (BARC) has come into
existence, providing the authority to mediate and conciliate between the landowner and/or
tenant beneficiary, public and private institutions. The judicial review of Section 54 and the
creation of Special Agrarian Courts (Section 56 thereof) which shall exercise the special
jurisdiction to try expropriation suits and criminal cases involving tenancy relations is an
improvement of the original rules. The appointment of Commissioners (Section 58) is
noteworthy considering that the Commissioners may assist the judges of the Regional Trial
Courts who will try the aforesaid cases when the Regional Trial Courts sit as Special
Agrarian Courts.

Very much welcomed by the public, the litigants, lawyers and civic organizations as well is
the creation of the position of Provincial Agrarian Reform Adjudicator (PARAD) in the
province and that of the Regional Agrarian Reform Adjudicator (RARAD) who are
empowered and authorized to hear, receive, determine and adjudicate all agrarian cases and
disputes and incidents in connection therewith arising within the respective territorial
jurisdiction (Section 2) of the Rules of Procedure.

The appeal from the DARAB is now to be filed with the Court of Appeals on
questions of facts while those questions of law as originally provided are to be filed with
the Supreme Court (Section 1, Rule XIV). The period within which to appeal has been
corrected from the 30-day period in the original rules to 15 days as provided for in the
new rules (Section 1, Rule XIII).

The instruction of Sec. Philip Ella Juico to prepare the amendments immediately after R.A.
6657 was signed into law so as to conform with the rules therewith inspired us to draft what
today is the Revised Rules of Procedure. To this effect, all the members of the Adjudication
Board met several times in session in the preparation and drafting of the amendments to the
original rules, with my assistance.

In conclusion, the Revised Rules of Procedure is the answer to a more effective, expedient,
less expensive and meaningful implementation of the Comprehensive Agrarian Reform
Program as it is to be exercised by the DAR, with the quasi-judicial powers vested in it as
authorized by law.
In grateful appreciation for putting up the Revised Rules of Procedure into its final form, we
give credit to the staff of the Adjudication Board for giving us their unqualified support.
Carmenia Angustia, Susan Orenso, Rowena Vasquez and Diony Edralin are specifically
mentioned for their untiring efforts and dedication which paved the way for the printing of
the Revised Rules of Procedure within the time frame. Supervising the work was Atty.
Mercy Evangelista who has been working with the DARAB since its inception.


Senior Special Consultant, DAR


Pursuant to the provisions of Sections 49 and 50 of Republic Act No. 6657 and Section 34
of Executive Order No. 129-A in relation to Section 13 thereof, the following rules
governing the adjudication, arbitration and settlement of agrarian cases, and the conduct of
proceedings before the Department of Agrarian Reform Adjudication Board (DARAB) and
its Adjudicators are hereby adopted and promulgated.

General Provisions

SECTION 1. Title. — These rules shall be known as the Revised Rules of the Department
of Agrarian Reform Adjudication Board (DARAB).

SECTION 2. Construction. — These rules shall be liberally construed so as to carry out

the objectives of agrarian reform, and to promote a just, expeditious, and inexpensive
adjudication and settlement of any agrarian dispute, case, matter or concern.

SECTION 3. Technical Rules Not Applicable. — The Board and its Regional and
Provincial Adjudicators 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.

a) If and when a case comes up for adjudication wherein there is no applicable

provision under these Rules, the procedural law and jurisprudence generally applicable to
agrarian litigations or disputes are to be resorted to, and applied.

b) To this end, the Adjudication Board and its Regional Agrarian Reform Adjudicators
(RARAD) and Provincial Agrarian Reform Adjudicators (PARAD) shall have the authority
to adopt any appropriate measure or procedure in any given situation or matter not covered
by these Rules. All such special measures or procedures and the situations to which they
were applied shall be reported to the Adjudication Board and the Secretary of Agrarian

c) Unless adopted herein or by resolution of the board, the provisions of the Rules of
Court do not apply, not even in a suppletory character.

SECTION 4. Official Seal. — The Agrarian Reform Adjudication Board shall design and
adopt a seal to be imprinted in all its resolutions, orders, decisions, and other documents as
an indication of their official character.

The Seal of the DARAB shall be so designed as to depict its official function as the
dispenser of agrarian justice. It shall be consistent with the basic design and symbolisms of
the Department of Agrarian Reform (DAR) Logo.

Jurisdiction of the Adjudication Board

SECTION 1. Primary, Original and Appellate Jurisdiction. — The Agrarian Reform

Adjudication Board shall have primary jurisdiction, both original and appellate, to
determine and adjudicate all agrarian disputes, cases, controversies, and matters or incidents
involving the implementation of the Comprehensive Agrarian Reform Program under
Republic Act No. 6657, Executive Order Nos. 229, 228 and 129-A, Republic Act No. 3844
as amended by Republic Act No. 6389, Presidential Decree No. 27 and other agrarian laws
and their implementing rules and regulations.
Specifically, such jurisdiction shall extend over but not be limited to the following:

a) Cases involving the rights and obligations of persons engaged in the cultivation and
use of agricultural land covered by the Comprehensive Agrarian Reform Program (CARP)
and other agrarian laws,

b) Cases involving the valuation of land, and determination and payment of just
compensation, fixing and collection of lease rentals, disturbance compensation, amortization
payments, and similar disputes concerning the functions of the Land Bank,

c) Cases involving the annulment or cancellation of orders or decisions of DAR

officials other than the Secretary, lease contracts or deeds of sale or their amendments under
the administration and disposition of the DAR and LBP;

d) Cases arising from, or connected with membership or representation in compact

farms, farmers' cooperatives and other registered farmers' associations or organizations,
related to land covered by the CARP and other agrarian laws;

e) Cases involving the sale, alienation, mortgage, foreclosure, pre-emption and

redemption of agricultural lands under the coverage of the CARP or other agrarian laws;

f) Cases involving the issuance of Certificate of Land Transfer (CLT), Certificate of

Land-ownership Award (CLOA) and Emancipation Patent (EP) and the administrative
correction thereof;

g) And such other agrarian cases, disputes, matters or concerns referred to it by the
Secretary of the DAR.

Provided, however, that matters involving strictly the administrative implementation of the
CARP and agrarian laws and regulations, shall be the exclusive prerogative of and
cognizable by the Secretary of the DAR.

SECTION 2. Delegated Jurisdiction. — The Regional Agrarian Reform Adjudicators

(RARAD) and the Provincial Agrarian Reform Adjudicators (PARAD) are empowered and
authorized to receive, hear, determine and adjudicate all agrarian cases and disputes, and
incidents in connection therewith, arising within their respective territorial jurisdiction.

SECTION 3. Functional Relationships. — The Board shall exercise functional supervision

over the RARADs; and the PARADs. For administrative purposes, however, the RARADs
and the PARADs are deemed to form part of the DAR Regional Office where they are
stationed, and as such, shall be given administrative support by their respective Regional
and Provincial offices, in terms of office space, personnel services, equipment and supply,
and other facilities.

SECTION 4. Role of the RARAD. — The RARAD shall be the Executive Adjudicator in
his region directly responsible to the Board. As such, he shall coordinate and monitor the
work of the PARADs in his region and see to it that their dockets do not remain clogged. He
shall receive, hear, and adjudicate the following cases:

a) cases that cannot be handled by the PARAD on account of inhibition or


b) cases brought directly before him which for some cogent reason, cannot be properly
handled by the PARAD concerned,

c) cases of such complexity and sensitivity that the decision thereof would constitute an
important precedent affecting regional or national interest; and

d) such other cases which the Board may assign to him.

SECTION 5. Appellate Jurisdiction. — The Board shall have exclusive appellate

jurisdiction to review, reverse, modify, alter or affirm resolutions, orders, decisions, and
other dispositions of its RARAD and PARAD.

SECTION 6. Enforcement Powers. — The members of the Board and its RARADs and
PARADs are empowered to summon witnesses, administer oaths, take testimony, require
submission of reports, compel production of books and documents and answers to
interrogatories, and to issue subpoena, subpoena duces tecum, writs of possession, writs of
execution and other writs to enforce its orders and decisions thru sheriffs or duly deputized

For such purpose, whenever necessary, it may call upon the police and military authorities
for assistance in the enforcement and execution of its decisions, orders, writs and other

Mediation or Conciliation at Barangay Level Required

SECTION 1. BARC Certification Requirement. — The Board or its Adjudicators shall not
take cognizance of any agrarian dispute or controversy, unless a certification is presented
from the Barangay Agrarian Reform Council (BARC) of the Barangay where the land
involved is located, attesting that the dispute has been submitted to it for mediation or
conciliation without any success of settlement, provided that:

a) The dispute does not fall under any of the exceptions enumerated in the succeeding

b) If the required certification cannot be complied with for valid reasons like the non-
existence or non-organization of the BARC or the impossibility of convening it, a
certification to that effect may be issued by the proper agrarian reform officer concerned in
lieu of the required certification;

c) In any case, the lack of the required certification cannot be made a ground for the
dismissal of the action. Every opportunity shall be given the complainant or petitioner to
secure the same;

d) With or without BARC Certification, however, the Board of its adjudicators, may
resolve and dispose of preliminary incidents related to the case, such as motions for status
quo order, temporary restraining order, preliminary injunctions and such similar motions
necessitating immediate action.

SECTION 2. Exceptions. — BARC Certification under these rules shall not be required in
the following cases:

a) where the issue involves the valuation of land to determine just compensation for its

b) where the parties reside in different barangays unless, they adjoin each other, in
which case, the matter will be mediated or conciliated in the Barangay where it is first

c) where one 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;

d) where the matter at issue involves merely the administrative implementation of

agrarian reform law, rule, guideline or policy; and

e) such other cases where the Secretary of Agrarian Reform shall determine that the
matter at issue is beyond the pale of mediation, conciliation or compromise.

SECTION 3. Issuance of BARC Certification in Thirty (30) Days. — The BARC

concerned shall issue the required certification within thirty (30) days after the matter or
issue is submitted to it for mediation or conciliation. If for any reason no certification is
issued after the lapse of said period of time, the matter may be brought before the
Presidential Agrarian Reform Council (PARC) or the DARAB.

SECTION 4. Land in Two Barangays. — Where the land involved in the dispute straddles
two or more barangays, the BARC of the Barangay where the biggest portion lies, shall
have the authority to conduct the mediation or conciliation proceedings under these rules,
unless for convenience and accessibility, such proceedings should be held in the other

SECTION 5. Special Rules on Mediation and Conciliation. — The mediation and

conciliation proceedings in the BARC shall be conducted in accordance with uniform rules
adopted and promulgated by the Secretary of Agrarian Reform as recommended by the
Director of the Bureau of Agrarian Reform Beneficiaries Development (BARBD) of the
Department of Agrarian Reform. The applicable rules and regulations of the Katarungang
Pambarangay under PD 1508, may, in appropriate cases, be given suppletory effect.

Commencement of Action, Venue and Cause of Action

SECTION 1. Complaint or Petition. — An action before the Adjudication Board or its

Adjudicators, shall be initiated by filing a complaint or petition with the Provincial Agrarian
Reform Adjudicator (PARD) of the Province where the land involved is located. The
complaint or petition shall be duly signed by the complainant or petitioner, or his counsel, or
by one who can show a special power of attorney to do so. It shall state the name and
residence of the complainant or petitioner and those of the defendant or respondent, the
substance of the claim, the date when such claim arose, the ultimate facts constituting the
cause of action, and the relief sought. At least two (2) copies of the complaint or petition,
plus as many copies required to be served upon each of the adverse parties, shall be filed.

SECTION 2. Venue. —

a) All actions shall be brought before the PARAD of the province where the land or
other property involved is located.

b) If the land is located or found in two or more provinces, the action shall be brought
before the PARAD concerned where the bigger portion of the land lies, unless for
convenience and accessibility, the venue should lie in the PARAD of the other province.

c) By agreement of the parties, the venue may be changed or transferred to another

place when the Adjudication Board orders it upon motion of either of the parties or both of

d) In the event that a litigant has chosen to file his complaint or petition with the
Municipal Agrarian Reform Officer (MARO), for reasons of expediency and to avoid the
incidental expenses in going to the Regional or Provincial Agrarian Reform Office, the case
shall be forwarded within five (5) days from receipt thereof, to the RARAD or PARAD

SECTION 3. One Suit for a Single Cause of Action. — Multiple suits based on a single
cause of action for the enforcement or protection of a right or prevention or redress of a
wrong shall not be allowed. If a single cause of action is split and two (2) or more
complaints or petitions are instituted for different parts thereof, the filing of the first
complaint or petition may be pleaded as a ground for dismissal of the others, and a judgment
on the merits in any one of them may be availed of as a bar to the others.

SECTION 4. Joinder of Causes of Action. — A complainant or petitioner having more

than one cause of action against the same defendant or respondent arising out of the same
questioned relationship, shall join all of them in one complaint or petition.

Parties; Caption and Service of Pleadings

SECTION 1. Parties in Interest. — Every agrarian action must be initiated and defended in
the name of the real party in interest. All parties having an interest in the matter shall be
joined as complainant or petitioner. All persons who claim an interest in the dispute or
subject matter thereof adverse to the complainant or petitioner, or who are necessary to a
complete determination or settlement of the issue involved therein shall be joined as
defendant or respondent.

SECTION 2. Pauper Litigant. — Where a party is a tenant-farmer; agricultural lessee or

tenant-tiller; settler, amortizing owner-cultivator; farmworker; any other beneficiary; one
who claims to be from any farmers' organization, association or a farmers' cooperative; or
any person without means, shall be entitled to the rights and privileges of a pauper litigant
under RA 635, without further proof thereof. He shall continue to enjoy such status as a
pauper litigant until the case is terminated.

SECTION 3. Associations or Corporations as Defendents. — When two or more persons,

associated in any business, transact such business under a common name, whether it
comprises the name of such persons or not, the associates may be sued by such common

Persons, associated in business who are sued under a common name, must all be named
individually in the answer filed by them or in their behalf, stating their business address.

SECTION 4. Service of Pleadings, Notices, and Resolutions. —

a) The party filing the pleading shall; serve the opposing party with a copy thereof in
the manner provided for in these Rules and proof of such service shall be filed with the
records of the case.

b) Notice of the summons and a copy of the resolution, order or decision shall be
served personally as far as practicable, or by registered mail upon the party himself, his
counsel, or his duly authorized representative.

SECTION 5. Service upon Associations. — When persons associated in business are sued
under a common name, service may be effected upon all the defendants by serving upon any
one of them; or upon the person in charge of the office or place of business maintained in
the common name. But such service shall not bind individually any person whose
connection with the association has, upon due notice, been severed before the action is

SECTION 6. Service upon Private Domestic Corporation or Partnership. — If the

defendant is a corporation organized under the laws of the Philippines or a partnership duly
registered, service may be made on the president, manager, secretary, cashier, agent, or any
of its directors or partners.

SECTION 7. Service upon Public Corporations. — When a defendant is the Republic of

the Philippines, service may be effected on the Solicitor General. In case of a province, city
or municipality or like public corporations, service may be effected on its executive head, or
on such other officer or officers as the law or the Adjudication Board or its Adjudicator may

SECTION 8. Return of Service. — The designated officer who personally served the
notice, resolution, order or decision shall submit his return within five (5) days from the date
of his service thereof, stating therein the name of the person served and the date of receipt of
the same or if no service was effected, the serving officer shall state the reason or reasons

SECTION 9. Proof and Completeness of Service. — The return is a prima facie proof of
the facts indicated therein. Service by registered mail is completed upon receipt by the
addressee, his counsel, or by the duly authorized representative or agent.

Summons and Answers

SECTION 1. Issuance of Summons and Time to Answer. — Upon the filing of the
complaint or petition, the day, month and year when it was filed shall be stamped thereon
and the corresponding summons to the adverse party, together with a copy of such
complaint or petition, shall be issued within five (5) days therefrom. The summons shall
direct the defendant or respondent to answer the complaint or petition within ten (10) days
from receipt thereof, and shall specify the date, time and place of the initial hearing, giving
allowance to the requisite time to answer, and shall require the parties to bring them
affidavits or other evidence for submission thereat.

SECTION 2. Answer Required. — The defendant or respondent must answer the complaint
or petition, by responding with specific admissions or denials of each and every allegation
in the complaint or petition, or if this cannot be done, by averring lack of sufficient
knowledge thereof, which will be deemed a specific denial. A mere general denial will not
be deemed an answer.

SECTION 3. An answer may include a counterclaim or cross-claim for specific relief

which does not constitute a claim for damages, Attorneys' fees or litigation expenses.

SECTION 4. Time to Answer Non-Extendible. — The ten (10) day reglementary period
within which the defendant or respondent is required to answer shall not be extended.
The filing of any motion before answer, shall not be entertained and shall not interrupt the
period to answer, except when a motion to dismiss on the ground of no jurisdiction or no
cause of action, or a motion for a Bill of Particulars necessary for an intelligent answer is
filed, in which event, the running of such period is deemed stopped until the motion is
resolved. If the motion is denied, the period shall run again from notice of the denial and the
movant shall have the remaining time within which to answer. If the motion is granted, the
movant shall be given a new ten (10) day period to answer.

SECTION 5. No Default Upon Failure to Answer. — When the defendant or respondent

fails to file an answer, no declaration of default shall be made nor judgement by default
rendered. The complainant or petitioner must proceed to prove his case. Before the case is
submitted for decision, the non-answering defendant or respondent may be allowed to
appear in the proceedings after satisfactory explanation of his failure to answer and shall be
allowed to contest or refute the complainants' or petitioners' claim.


SECTION 1. Appearance. — A lawyer appearing for a party is presumed to be properly

authorized for that purpose.

A non-lawyer may appear before the Adjudication Board or any RARAD or PARAD if:

a) he represents himself as a party to the case;

b) he represents a farmers' organization or its members, provided that he shall present

such proof or authority from the organization or its members; or

c) he is a duly accredited DAR Para-legal Officer; and

d) 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 DAR

SECTION 2. Manner of Appearance. — Appearances may be oral or in writing. In either

case, the complete business address of the counsel or representative shall be made of record
and the adverse party or his counsel shall be properly advised. Any change in the address of
counsel or representative shall be filed with the records of the case with notice to the
adverse party and counsel.

SECTION 3. Assignment of DAR Lawyer or Para-legal officer. — A party represented by

a non-lawyer may be assigned a DAR lawyer, if one is available, or a DAR para-legal
officer to assist him, if such assistance is acceptable to him, or necessary in the judgment of
the Adjudicator. A party appearing without counsel, shall be assigned a counsel de oficio
from among DAR lawyers or DAR para-legal officers.

SECTION 4. Authority to Bind Party. — Attorneys and other representatives of parties

shall have the authority to bind their clients in all matters of procedure, but they cannot
without a special power of attorney or the express and written consent of their client, enter
into a compromise agreement with the opposing party when a full or partial discharge of a
client's claim is made.

Proceedings Before the Adjudicators

SECTION 1. Nature of Proceedings. — The proceedings before the Board or its

Adjudicators shall be non-litigious in nature. Subject to the essential requirements of due
process, the technicalities of law and procedure and the rules governing the admissibility
and sufficiency of evidence obtaining in the courts of law shall not strictly apply. The
RARAD or PARAD shall undertake reasonable means to ascertain in the facts of the
controversy, including a thorough examination or re-examination of witness and ocular
inspection of the premises in question.

SECTION 2. Role of the Adjudicator in the Proceedings. — The RARAD and PARAD
shall personally conduct the hearing. He shall take full control of the proceedings, examine
the parties and witnesses freely with respect to the matters at issue, and may limit the right
of the parties or their counsels to ask questions only for the purpose of clarifying the points
of law at issue or of facts involved in the case. He may also limit the presentation of
evidence by the contending parties to matters relevant to the issues and necessary for a just,
fair and speedy disposition of the case.

SECTION 3. Totality of Case Assigned. — When a case is assigned to a RARAD or

PARAD, any or all incidents thereto shall be considered assigned to him, and the same shall
be disposed of in the same proceedings to avoid multiplicity of suits or proceedings.

The order or resolution of the Adjudicators on any issue, question, matter or incident raised
before them shall be valid and effective until the hearing shall have been terminated and the
case is decided on the merits, unless modified and reversed by the Board upon a verified
petition for review on certiorari. Such interlocutory orders shall not be the subject of an

SECTION 4. Initial Conference or Hearing. — Within ten (10) days from the receipt of an
assigned case, the RARAD or PARAD shall summon the parties to an initial conference or
hearing, if one has not yet been scheduled, and shall endeavor to settle the case amicably;
determine the real parties in interest; define and simplify the issues on the case and thresh
out preliminary matters. Should the parties arrive at any agreement as to the whole or a part
of the dispute, the same shall be reduced into writing in a language or dialect known to, and
spoken by the beneficiaries, tenant farmers, or farm workers, and signed by the parties
before the Adjudicator concerned. The settlement shall be approved by the RARAD or
PARAD after he is satisfied that it was voluntarily entered into by the parties and the same
is not contrary to the relevant laws, rules and regulations, and after having explained to them
the terms and consequences thereof. The beneficiaries, tenant farmers, or farm workers are
to be assisted by a DAR lawyer, if available, in arriving at a settlement. The RARAD or
PARAD shall execute a certification of his compliance herewith. The order, approving the
compromise agreement shall have the effect of a judgment in the case which shall be final
and executory.

SECTION 5. Submission of Sworn Statements or Affidavits. — During the initial hearing

or conference, or immediately thereafter, the adjudicator shall require the parties, to submit
simultaneously their respective sworn statements or affidavits and the supporting
documentary evidence, if any, and the affidavits of their witnesses which shall take the place
of their direct testimony. The parties may be allowed to allege, and present evidence to
prove, facts not alleged or referred to previously, but which are relevant to the determination
of the main issue or issues and are included in their claim or defense.

SECTION 6. Determination of Necessity of Hearing. — Immediately after the submission

by the parties of their sworn statements and supporting documentary evidence, the
adjudicator shall determine whether or not there is a need for a formal hearing or
investigation. At this stage, he may, in his discretion and for the purpose of making such
determination, elicit the pertinent facts or information, including documentary evidence if
any, from any party or witness to complete, as far as possible, the facts of the case. Facts or
information so elicited may serve as the basis for clarification, simplification and limitation
of the issues. He shall participate actively in the preparation of the stipulations of the parties,
making suggestions on what facts the parties need not prove.

SECTION 7. Period to Decide the Case Without Hearing. — If the adjudicator finds no
necessity for conducting a hearing after the parties shall have submitted their position papers
and supporting documents, if any, he shall so inform the parties, stating the reasons therefor,
and shall ask them to acknowledge the fact that they were so informed by signing the
minutes. He shall then decide the case within fifteen (15) days thereafter.

SECTION 8. Presentation of Evidence. — As a general rule, the complainant or petitioner

shall be the first to present his evidence followed by the defendant or respondent. Should the
parties desire to present additional documentary evidence, they shall furnish each other a
copy thereof, at least five (5) days before the scheduled hearing for that purpose.

SECTION 9. Extent of Cross-Examination. — In the cross-examination of witnesses on the

affidavits of merit thus submitted, only relevant, pertinent and material questions necessary
to clarify the issues or to complete the facts shall be allowed.

SECTION 10. Non-Appearance of Parties. —

a) Unexplained absence at a hearing by the complainant or petitioner, who has been
duly notified thereof, may be sufficient cause to dismiss the case without prejudice.
However, upon proper motion with sufficient justification, filed within 120 days from the
dismissal, the re-opening of the case may be ordered by the adjudicator. Dismissal of the
case for the second time due to the unjustified non-appearance of the complainant or
petitioner who has been duly notified, shall be a dismissal of the case with the prejudice.

b) The non-appearance of a party despite due notice, shall entitle the party present to
present his evidence ex-parte, subject to the cross-examination by the other party at the next
hearing, if, further proceedings are necessary. Should the absent party again fail to appear at
such hearing, his non-appearance shall be taken as a waiver to present further evidence and
he shall be deemed to have rested his case.

SECTION 11. Record of Proceedings. — The proceedings before the adjudicator need not
be recorded by stenographers. The adjudicator, however, shall make a written summary of
the proceedings including the substance of the evidence presented, which shall form part of
the records of the case. The parties and their counsels or representatives, if any, shall be
made to sign the written summary. Should they or anyone of them refuse to sign, the reasons
for such refusal shall be noted therein.

SECTION 12. Doubts to be Resolved in Favor of the Beneficiary. — Any reasonable doubt
in the interpretation of these Rules, as well as in the interpretation of contracts and
stipulations between the contending parties shall be resolved in favor of the beneficiary,
potential beneficiary, tenant farmer, farmworker, agricultural lessee, farmers' cooperative
and farmers' association or organization.

SECTION 13. Conciliation of Disputes. — In all cases, and at any stage of the proceedings,
the Adjudicator shall exert all efforts and take positive steps towards resolving the dispute
through conciliation or mediation.

SECTION 14. Time for Decision on the Merits. — The RARAD or PARAD shall render the
decision on the merits of the case within thirty (30) days after the parties have rested and
submitted the case and within 90 days from filing of the complaint or petition. The decision
must contain clearly the findings of fact and conclusions of law on which it is based.

SECTION 15. Finality of Judgment. — The decision, order or ruling disposing of the case
on the merits by the Adjudicator shall be final after the lapse of fifteen (15) days from
receipt of a copy thereof by the counsel, or representative on record, or in their absence, by
the party himself.

SECTION 16. One Motion for Reconsideration Allowed. — Only one (1) motion for
reconsideration of any decision, order or ruling by the Adjudicator shall be allowed before
their finality.


SECTION 1. Expeditious Resolution of Motions. — As a general rule, all motions, whether

made orally or in writing, shall be resolved expeditiously, with or without a hearing.
Motions found to be dilatory shall be denied summarily. The filing of motions for extension
of time or for postponement shall be discouraged. Such motions may be favorably
considered only upon a clear showing of valid and cogent reasons therefor and for short
periods that do not tend to unduly delay the proceedings.

SECTION 2. Non-allowable Motions. — The following motions shall not be allowed;

a) Motion to declare defendant or petitioner in default or for a default judgment;

b) Motion for judgment on the pleadings or for summary judgment;

c) Motion for an order, resolution or decision based solely on a confession of

judgment; and

d) All other motions filed before answer, excepting: 1) motion to dismiss on the ground
of no jurisdiction or no cause of action, 2) motion filed by the complainant or petitioner for
amendment of the complaint or petition, and 3) motion filed by the defendant or respondent
for a Bill of Particulars necessary for him to answer intelligently, as provided in Rule VI
Section 4 hereof.

SECTION 3. Intervention and Interpleader. — The filing of motions for intervention and
interpleader shall be discouraged. Such motions shall be entertained only upon a clear
showing by the would be Intervenor or Interpleader of a substantial right or interest in the
case that cannot be adequately pursued and protected in another proceedings.

SECTION 4. Relief from Judgment. — A motion for relief from judgment must be verified
and must be based on strictly legal ground of fraud, accident and excusable neglect, by
which the order, resolution or decision complained of was procured or rendered; provided,
that the motion is filed within three (3) months from the time the fraud, accident or
excusable neglect was discovered and six (6) months from notice of the order, resolution or
decision from which relief is sought; and provided, further, that the party-movant has no
other adequate remedy available to him in the ordinary cause of law.

Preliminary Injunction

SECTION 1. Preliminary Injunction When Granted. — A preliminary injunction or a

restraining order may, upon verified motion, be granted by the Board or the Adjudicator,
when it is established on the basis of sworn allegations in the complaint or petition that the
acts being complained of, if not enjoined, would cause some grave and irreparable damage
or injury to any of the parties in interest so as to render ineffectual any decision in favor of
such party.

Should the Board or the Adjudicator believe that it is necessary to post a bond, it shall fix
the amount of the bond to be executed by the party applying for the injunction in favor of
the party sought to be enjoined to answer for the damages the latter might suffer thereby, if
it is finally determined that the complainant or petitioner is not entitled thereto. Upon the
filing and approval of such bond, injunction may issue.

SECTION 2. No Injunction to Restrain Tilling or Harvesting. — In the cases where the

tenurial status of a person is at issue, the Board or any Adjudicator shall not issue any order
restraining the actual tiller from cultivating the land, or preventing or impounding the

SECTION 3. Injunction Ex-Parte. — A preliminary injunction or temporary restraining

order issued ex parte, shall be valid only for 20 days from the date the same is received by
the petitioner. During this period, the parties may be required to present evidence to
substantiate their respective positions on the incident and on the main issue or issues of the

The period of twenty (20) days may be extended upon motion of the proper party on valid

SECTION 4. When Injunction Becomes Permanent. —

A preliminary injunction or restraining order thus issued, may become permanent when so
ordered, after due notice to and hearing of the parties. During the hearing, the petitioner
shall present his evidence in support of his sworn allegations and the respondent may rebut
or support his opposition.


SECTION 1. Direct Contempt. — The Board or any Adjudicator may summarily pass
judgment on acts of direct contempt committed in the presence of, or so near the Chairman
or any member of the Board or of any Adjudicator, as to obstruct or interrupt the proceeding
before the same, including disrespect toward the Board or any Adjudicator, offensive
personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe
to an affidavit or deposition when lawfully required to do so. If the offense is committed
against the Board or any member thereof, the same shall be punished by a fine not
exceeding Two Hundred Pesos (P200.00) or imprisonment not exceeding ten (10) days, or
both; and if the offense is committed against the Adjudicator, the same shall be punished by
a fine of not exceeding Ten Pesos (10.00) or imprisonment not exceeding one (1) day, or
SECTION 2. Indirect Contempt. — The Board or any Adjudicator may also cite and
punish any person for indirect contempt on any of the grounds and in the manner prescribed
under Rule 71 of the Revised Rules of Court.

SECTION 3. Appeal from Contempt Against Adjudicator. — Any person, adjudged guilty
of direct or indirect contempt by the Adjudicator may, within a period of five (5) days from
notice of the judgment, appeal the same to the Board, and the execution of said judgment
shall be suspended pending the resolution of the appeal upon the filing by said person of a
bond on condition that he will abide by, and perform the judgment should the appeal be
decided against him.

The judgment of the Board on direct contempt is immediately executory and not appealable.


SECTION 1. Execution upon Final Order or Decision. — Execution shall issue upon an
order or decision that finally disposes of the action or proceeding. Such execution shall issue
as a matter of course after the parties have been furnished with copies of the decision in
accordance with these Rules and upon the expiration of the period to appeal therefrom if no
appeal has been duly perfected.

The Board or Adjudicator concerned may, upon certification by the proper officer that a
resolution, order or decision has become final and executory, upon motion or motu propio
issue a writ of execution and order the DAR sheriff or a DAR officer to enforce the same.

SECTION 2. Immediate Execution of Order or Decision. — The order or decision of the

Board or the Adjudicator shall be immediately executory, regardless of any appeal, unless
otherwise expressly provided therein: except when execution is stayed in accordance with
the provisions of the next succeeding section.

SECTION 3. No Stay of Execution, Exception. — Any appeal taken from the order or
decision of the Board or the Adjudicator shall not stay the execution of the same; except
where the ejectment of the tenant farmer, agricultural lessee or tenant tiller, settler or
amortizing owner-cultivator and any other beneficiary, is directed.

SECTION 4. Effects of Defiance. — In case of noncompliance with an order or decision of

the Board or its Adjudicator, such legal sanctions, including punishment for contempt, as
may be necessary under the circumstances shall be imposed and the necessary orders to
implement the earlier order or decision shall be issued. For this purpose, the assistance of
the military or police authorities may be sought.


SECTION 1. Appeal to the Board. —

a) An appeal may be taken from an order or decision of the Regional or Provincial

Adjudicator to the Board by either of the parties or both, by giving or stating a written or
oral appeal within a period of fifteen (15) days from the receipt of the resolution, order or
decision appealed from, and serving a copy thereof on the opposite or adverse party, if the
appeal is in writing.

b) An oral appeal shall be reduced into writing by the Adjudicator to be signed by the
appellant, and a copy thereof shall be served upon the opposite or adverse party within ten
(10) days from the taking of oral appeal.

SECTION 2. Grounds. — The aggrieved party may appeal to the Board from an order or
decision of the Regional or Provincial Adjudicator on any of the following grounds:

a) That there is a grave abuse of discretion on the part of the Regional or Provincial

b) That the order or decision is obtained through fraud or coercion, or graft and
corruption; or
c) That errors in the findings of facts or conclusions of laws were committed which, if
not corrected, would cause grave and irreparable damage or injury to the appellant.

SECTION 3. Where to File. — The appeal shall be filed with the Secretariat of the Board
or the Adjudicator concerned in three (3) legibly written copies.

SECTION 4. Caption. — In all cases appealed to the Board, the party appealing shall be
called the "appellant" and the adverse party the "appellee", and the case shall be given a
docket number.

SECTION 5. Requisites for the Appeal. —

a) The appeal shall be filed within the reglementary period as provided for in Section 1
of this rule. It shall state the date when the aggrieved party received the order or decision
appealed from and the proof of service of the adverse party.

b) An appeal fee of Five Hundred Pesos (P500.00) shall be charged on the appellant. A
pauper litigant shall, however, be exempt from the payment of the appeal fee.

SECTION 6. Perfection of Appeal; No Extension of Period. — Compliance with the

foregoing requisites in the preceding section perfects the appeal. No motion or request for
extension of the period within which to perfect as appeal shall be entertained.

SECTION 7. Appeal Memorandum. — Upon perfection of the appeal the Board shall issue
an order requiring the appellant to file an appeal memorandum within ten (10) days from
receipt of such order, furnishing a copy thereof to the appellee or counsel who may reply
thereto if he so desires, within the same period of time. With the filing of the appeal
memoranda or lapse of the period within which to file them, the appeal shall be deemed
submitted for resolution. The Board however, may in its discretion, set the case for oral
argument motu propio or upon proper motion.

SECTION 8. Record of Case. — The records of a case shall contain, among others, the
minutes of the hearing conducted, all original pleadings filed, notices, orders or decisions of
the Adjudicator and proofs of service thereof, which shall all be numbered on every page
thereof. The complete records of the case on appeal shall be immediately forwarded to the

SECTION 9. Frivolous or Dilatory Appeal. — To discourage frivolous or dilatory appeals,

the Board may impose reasonable penalties, including, but not limited to, fines or censures
upon erring parties.

SECTION 10. Withdrawal of Appeal. — An appeal may be withdrawn at any time prior to
the promulgation of the resolution, order or decision except when public interest is
prejudiced thereby. Upon approval of the withdrawal of an appeal, the case shall stand as if
no appeal had ever been taken.

SECTION 11. Period to Decide Case. — The Board shall render its decision on the case
before it within thirty (30) days after submission.

SECTION 12. One Motion for Reconsideration. — Only one (1) timely motion for
reconsideration of the resolution, order or decision of the Board shall be entertained.

Judicial Review

SECTION 1. Certiorari to the Court of Appeals. — Any decision, order, award or ruling
by the Board or its Adjudicators on any agrarian dispute or on any matter pertaining to the
application, implementation, enforcement, or interpretation of agrarian reform laws or rules
and regulations promulgated thereunder, may be brought within fifteen (15) days from
receipt of a copy thereof, to the Court of Appeals by certiorari, except as provided in the
next succeeding section. Notwithstanding an appeal to the Court of Appeals the decision of
the Board or Adjudicator appealed from, shall be immediately executory.

SECTION 2. Just Compensation Cases to the Special Agrarian Courts. — The decision,
resolution or order of the Adjudicator or the Board on land valuation or determination of
just compensation, may be brought to the proper Special Agrarian Court for final judicial
SECTION 3. Findings of Fact Final and Conclusive. — The findings of fact of the Board
or the Adjudicator concerned, if based on substantial evidence, shall be final and conclusive
upon the courts.

SECTION 4. No Restraining Order or Preliminary Injunction. — No court in the

Philippines shall have jurisdiction to issue any restraining order or writ or preliminary
injunction against the Board or its Adjudicators in any case, dispute or controversy arising
from, necessary to, or in connection with the application, implementation, enforcement or
interpretation of the Comprehensive Agrarian Reform Law (R.A. 6657) and other pertinent
laws on agrarian reform, and regulations promulgated thereunder.

SECTION 5. Preferential Attention in Courts. — All courts in the Philippines, both trial
and appellate, shall give preferential attention to all cases arising from or in connection with
the implementation of the provisions of the Comprehensive Agrarian Reform Law (R.A.
6657) and regulations promulgated thereunder.

Board Regulations

SECTION 1. Assignment of Cases. — All cases brought to or filed with the Board shall be
distributed in accordance with the internal rules that the Board may subsequently adopt.

SECTION 2. En-Banc Meeting. — The Board shall sit en-bane in the performance of its
policy and rule making power and in the exercise of its adjudicatory functions.

SECTION 3. Presiding Officer. — a) The Secretary of the Department of Agrarian Reform

or in his absence the designated member of the Board shall act as the Chairman and shall
preside over its deliberations.

SECTION 4. Quorum and Vote. — The presence of a majority of all members of the Board
shall constitute a quorum to decide any matter before it for adjudication. The vote or
concurrence of at least four (4) members of the Board shall be necessary to promulgate a
resolution, order or decision.

The Secretariat — Powers and Duties

SECTION 1. The Secretariat. — All pleadings and papers which are required to be filed
with the Board shall be submitted to the Secretariat or officer responsible therefor, except in
cases where the matter, question or controversy brought before the Board is being heard
elsewhere, in which case, such pleadings or papers may be filed with the Adjudicator who is
commissioned to hear the same. The proper notice to the Board to this effect is required.

SECTION 2. Access to the Board Records. — All official unclassified records of the Board
shall be open to the public during normal office hours, except those that are kept in the
confidential records, which cannot be divulged without violating the rights of the persons
concerned or prejudicing public interest.

SECTION 3. Custody of the Seal and Books of the Board. — The Secretariat shall have
custody of the Seal of the Board, together with all the books necessary for the recording of
the proceedings of the Board, including the exhibits, documentary evidence, records and
files of the same.

SECTION 4. Calendar, General Docket and Other Books of the Board. — a) The
Secretariat shall prepare a calendar and entry of the proceedings of the Board in a Minute
Book. The designated officer of the Secretariat shall take charge of the service of orders,
decisions, subpoenas and other processes issued by the Board, and certify the date and hour
of promulgation of any order, as well as the names of all parties who were notified thereof.

b) The Secretariat shall keep a General Docket for the said Board, duly numbered and
entries of all the original and appealed cases before it.

c) The Secretariat shall keep a Book compiling copies of all resolutions, orders, and
decisions issued by the Board in the order of their dates of promulgation.
SECTION 5. Issuance of Certified True Copies. — The Secretariat shall issue to any
person asking for the same, a certified true copy, under the Seal of the Board, of any
document, record, resolution, order or decision, or entry under its custody.

The adjudicator may also issue certified true copies of the documents in his custody.

SECTION 6. Power to Administer the Oath. — The members of the Board and the
adjudicators shall have the power to administer the oath on all matters or proceedings
related to the performance of their duties.

Miscellaneous Provisions

SECTION 1. Transitory Provisions. — All agrarian cases pending before the regular
courts of law at the time of the effectivity of these Rules shall remain with such courts until
their final termination.

Cases pending in the Office of the Secretary of Agrarian Reform before the effectivity of
these Rules may be decided and finally disposed of thereat in accordance with the principle
of continuing jurisdiction. The Secretary, however, may, in his discretion sort out said cases
and refer the justiciable and adversarial ones to the Adjudication Board for Section 1, Rule
II hereof.

SECTION 2. Separability of Provisions. — If for any reason, any portion or provision of

these Rules is declared unconstitutional or invalid by the Supreme Court, no other provision
of these Rules shall be affected thereby.

SECTION 3. Repealing Clause. — All DAR Administrative Orders or provisions thereof

inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 4. Effectivity. — These Rules shall take effect fifteen (15) days after publication
in two (2) newspapers of general circulation.

Done and adopted on this 26th day of December, 1988 at Diliman, Quezon City, Metro
Manila, Philippines.