Rules on Agrarian Law Implementation Cases

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Rules on
AGRARIAN LAW
IMPLEMENTATION
CASES
Atty. RAMON SG. CABAÑES, JR.
Chief, Legal Division
DARPO Camarines Sur
Agrarian Reform
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RULES ON
AGRARIAN LAW
IMPLEMENTATION CASES

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Rules on Agrarian Law Implementation

(ALI) Cases

DAR Issuances on the Subject

1. MC 5, Series of 1987
Authorizing Regional Offices to Hear/Investigate and Resolve
Cases

00:29—Ang ALI rules ay matagal nang in place sa DAR. Ang

paggawa ng issuance nito ay isinagawa o inissue noong 1987. Ito
ang MC 5, Series of 1987. This was the very first issuance on the ALI
rules.

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2. DAR A.O. 9, Series of 1994

Authorizing the Regional Directors to Hear and Decide all

Protests Involving Coverage under R.A. 6657/P.D. 27 and
Defining the Appeal Process from the RDs to the Secretary

3. DAR A.O. 6, Series of 2000 (2000 Rules for ALI Cases)

4. DAR A.O. 3, Series of 2003 (2003 Rules for ALI Cases)
5. DAR A.O. 3, Series of 2017
(2017 Rules for ALI Cases), which was caused to be published on
May 26, 2017 with the Manila Times and the Malaya Business
Insight on which took effect in ten (10) days after the said
publication

01:26 – At the moment, we have DAR AO 3 Series of 2017. This is

already initiate and well-assumed by now na lahat ng ating
opisina, ito ang ginagamit na alintuntunin sa pag-reresolve ng
mga ALI rules. This was published in May 2017. This is already
initiate at this time.

Related Issuances of the DAR A.O. 3, Series of 2017

1. DAR A.O. 4, Series of 2003

2003 Rules of Exemption of Lands from CARP Coverage
under Section 3

2. DAR A.O. 1, Series of 2004

Rules and Regulations Governing the Exclusion of Agricultural
Lands Used for Livestock, Poultry, and Swine

3. DAR A.O. 2, Series of 2009

Rules and Procedures Governing the Acquisition and
Distribution of Agricultural Lands under R.A. 6657, as
amended

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4. DAR A.O. 6, Series of 2011
Revised Rules of Procedure Governing the Cancellation of
Registered EP/CLOA and other titles issued under any
Agrarian Reform Program

03:03 – Now, significantly, this was the first ever ALI rule. This was
issued by the Office of with the effectivity of Republic Act 9700.

5. DAR A.O. 6, Series of 2014

Rules of Procedures for Cancellation of EPs and CLOAs for
Purposes of Correcting Erroneous Technical Descriptions
6. DAR A.O. 7, Series of 2014
2014 Rules of Procedure Governing the Cancellation of
Registered EPs/CLOAs and other titles issued under the
Agrarian Reform Program
7. DAR A.O. 2, Series of 2018
2018 Omnibus Rules for Cancellation Cases of EPs and
CLOAs and other titles issued under any Agrarian Reform
Program
8. DAR A.O. 2, Series of 2019
Guidelines and Procedures on the Parcelization of
Landholdings with Collective Certificate of Land Ownership
Award (2.10. Exclusion/Inclusion of ARB)

Substantive Law upon which the foregoing DAR

Issuances are based:

03:50 – Now, everything we have seen is based on the law, the

substantive provision of law. When this was issued, by what is
effective in Republic Act 6657. Before the effectivity of Republic
Act 9700, the law was amended, the CARP law, significantly what
we have under the RA 6657 were sections 49 and 50.

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A. Before the effectivity of R.A. 9700: Sections 49 and 50 of
R.A. 6657

Section 49 of R.A. 6657 provides:

Rules and Regulations. – The PARC and the DAR shall have the
power to issue rules and regulations whether substantive or
procedural.

04:35 – This is the basic law, substantive provision of law, upon

which the issuances were based.

Section 50 of R.A. 6657 provides:

Quasi-Judicial Powers of the DAR. – Vested with the primary

jurisdiction to determine and adjudicative agrarian reform
matters shall have exclusive original jurisdiction over all matters
involving the implementation of agrarian reform.

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 for every action or proceeding before it.

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05:18 – Ibig sabihin, hindi tayo govern ng technical rules and
procedure as contained under the laws of court provision.

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
proceedings.

05:51 – Ayon sa batas na iyon, this also recognizes the

appearance or representation led by farmer-leaders. To represent
themselves, their fellow farmers, or their organizations in any
proceedings before the DAR.
Ibig sabihin sa mga usaping legal ng ating opisina, maging ALI
case of DARAB, the law recognizes farmers. Hindi ito exclusive
para sa mga abogado lang. Even farmers are proven probity, are
given the opportunity to represent themselves and their
organizations.
Para maiwasan ang pagkakalito sa pag-present ng kaso, ang
sinasabi dito, in case there are two or more representatives for an
individual or group, only one from among these representatives
can represent such party or group in any proceeding. Parang sa
regular proceeding, even if you have a pottery of lawyers, the
court will not permit all lawyers to speak. Ito ay karaniwang
itinatalaga sa isang need council for an orderly presentation of
evidence and an orderly and smooth flow of the proceedings.
Notwithstanding an appeal to the Court of Appeals, the
decision of the DAR shall be immediately executory.

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07:45 – The same law also provides for certain powers of the DAR.
Ano ba ang mga puder na binigay sa ating ng batas, particular
sa ating Secretary at Regional Directors? We have the
adjudicators. They have the power to summon witnesses, pwede
natin i-compel ang kanilang attendance in case we need the
testimony. It is done by the issuance of either subpoena duces
tecum or subpoena ad testificandum.
Mayroon din tayong to our RDs, ating mga under secretaries,
including the PARO, the power to administer oaths.
It shall have the power to summon:

• Witnesses,
• Administer Oaths,
• Take testimony,
• Require submission of reports,
• Compel the production of books and documents,
• Answers the interrogatories and issue subpoena, and
subpoena duces tecum, and
• Enforce its writs through sheriffs or other only deputized
officers
It shall likewise have the power to punish direct and indirect
contempt in the same manner and subject to the same
penalties as provided in the Rules of Court.

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B. After the effectivity of R.A. 9700: Sections 24, 49, 50 and
50-A of R.A. 6657, as amended

Section 24 of R.A. 6657, as amended, provides:

“All cases involving the cancellation of the registered EPs,

CLOAs and other titles issued under any agrarian reform
program are within the exclusive and original jurisdiction of the
DAR Secretary.”

10:15 – Kung inyong mapapansin, ang cancellation is something

which was not yet conceived under the old rule. There was no
significant legislation yet on the issue of cancellation. But by the
time of the passing of 9700, we were sudden so many
cancellation cases in congress to provide a provision therefore to
expedite this resolution.

Section 50-A thereof provides: 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.

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"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.”

12:15 – Itong provision is a very new provision. Perhaps the

Congress has realized na iyong mga nag-ooppose ng ating
programa are using regular force to harass our farmers and farm
workers, resulting in the filing of cases against them.
Ginawa nilang measure to avoid harassment cases, they have
actually empowered the DAR to investigate firsthand whether or
not a particular case is in press with agrarian dispute.
Halimbawa, nag-file ng kasong estafa against a farmer before the
prosecution service. If it becomes clear to the investigative office
that the case is press with an agrarian complex. Ibig sabihin, the
criminal case is actually agrarian in character. What the
prosecution does is refer the matter to the DAR. The DAR thereby
proceeds to investigate the case within 15 days from the referral
and on the basis of the investigation, forms its conclusion whether
or not the case in the nature of agrarian dispute or not. If in the
affirmative, it will have to certify that it is not fit for trial.
Kapag ang finding ng DAR sa isang kaso is agrarian in character,
it certifies that the case is not supposed to be fit for trial. Otherwise,
if it finds out that the case is not agrarian in character, it certifies
that it is fit for trial. So, ibabalik natin ang investigation report along
with the certification to be sent by the PARPO to the prosecution
service. It is now the prerogative of the prosecution service
whether to dismiss the case or not.

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Similarly, ganoon din sa regular courts. If there is an allegation from
any of the parties and the case is agrarian in nature, the case shall
be automatically referred by the judge to the DAR. Similarly, we will
have 15 days from the said referral to certify whether the case is an
agrarian dispute or not.
In case the decision is dismissed on the basis of the DAR
certification that the case is agrarian in character, the agreed
parties as judicial course. Ibig sabihin, kung na-dismissan sila ng
kaso in the course of preliminary investigation, on findings of
agrarian dispute, the agreed party may thereby proceed to
appeal the order of dismissal before the RTC. For the RTC, they can
appeal that to the Court of Appeals and eventually to the
Supreme Court. Only after there’s a reversal of finding will this case
be treated as a regular court case or a regular prosecutory case or
action.

"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."

15:43 – Hindi naman nangangahulugan na iyong mga farmers’

organization natin will be required to register either to the SEC or
the CDA in order to be with legal standing before the courts and
quasi-judicial bodies.

Related Jurisprudence:

• Sta. Rosa vs. CA and Juan Amante (SC GR No. 112526,

September 28, 2005)

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• Frederico Soriano et al. vs. ANA SHARI B. BRAVO et al. (GR No.
152086, December 15, 2010)
In the foregoing cases, the SC pointed out that the
jurisdiction of the DAR as defined under Section 50 of the
Comprehensive Agrarian Reform Law is two-fold.

The first is essentially executive and pertains to the

enforcement and administration of laws, carrying them into
practical operation and enforcing their due observance, while the
second is judicial and involves the determination of rights and
obligations of the parties.

16:48 – Itong first component or first-fold function ng DAR, kung

inyong hihimay-himayin, the key was there are “executive”,
“enforcement”, and “administration of laws”. Unmistakably
referring to our ALI case jurisdiction. Under the said ruling, the
Supreme Court also recognizes the secondary function of the DAR
which is judicial and involves the rights and determination of rights
and obligations of the parties. If you will be studying the structure
of the DAR, in the disposition of cases, apart from the regular
director which has exclusive or primary jurisdiction to decide on ALI
cases brought before it for determination, mayroon din tayong
husgado sa ating opisina. We have the DARAB, the Department of
Agrarian Reform Adjudication Board. On the Central office level,
we have DARAB and down stream we have the office of the
provincial adjudicator. At the regional level, we have the office of
the regional adjudicator.

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In delineating this two-fold functions, the Supreme Court
while interpreting the legal import of Section 50 of the CARP Law,
also cited the provisions of the then 1994 DARAB Rules of
Procedure, as opposed to then AO 6, Series of 2002, otherwise
known as the Rules of Procedure for Agrarian Law Implementation
(ALI) cases.

18:16 – This jurisprudence came up at a time when the 1994 DARAB

rules of procedure was still in effect.
In essence, ang sinasabi sa jurisprudence na ito, the DAR has
actually two major powers in disposing of cases, one is ALI and the
other one is adjudicatory.

WHAT IS AN ALI CASE?

This acronym stands for Agrarian Reform Implementation
case, has been generally defined by enumeration.

(See Rule 1, Section 2 of A.O. 3, series of 2003, Sec 3, Rule II of

the 2003 DARAB Rules of Procedure and Section 2 Rule 1,
A.O. 3, series of 2017)

However, it was defined as an administrative matter involving

disputes or controversies such as the identification of
beneficiaries, exemption from coverage, and the like.

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What types of cases are considered ALI Cases? (See Section

2, Rule I of A.O. 3, series of 2017)

1. Classification and Identification of Landholdings for

coverage under the Agrarian Reform program and the
initial issuance of Certificates of Land Ownership Award
(CLOAs) and Emancipation Patents (EPs), including
protests or oppositions thereto and petitions for lifting of
such coverage;
21:24 – If we will be dissecting this, this first item alone has different
situation. Iyong una, classification and identification of
landholdings. Pangalawa, initial issuances of CLOAs and EPs.
Please take attention on the term “initial issuance”. Dito after ba
landholding case is documented, nagkaroon na ng RP title kasi
mayroon ng ___ ang LandBank, what the DARAB does is they issue
the title. It is either in the form of a CLOA or EP.
Initially ang mag-iissue po nito ay an gating opisina. In fact sa ating
EP/CLOA section, you will find na mayroon silang judicial forms in
there proceedings and that is what we use as forms in issuing titles
before it becomes registered in the ROD. So ang initial issuance
does not even belong to the courts, it is with DAR.
Bakit natin tinututukan ang “initial”? If, for any reason, iyong may
EP or CLOA na pinamigay sa mga magsasaka ay nawala, either it
is destroyed or lost, You go to the DARAB and then it can
reissuance the reissuance of the missing CLOA or EP.
This item also includes protests or oppositions thereto. In cases of
identification of landholdings na isali sa notice of coverage, and
the land owners agreed by the thought na kaniyang landholding
na naisali, he can file a protest or opposition against the coverage.
They can also file a petition for lifting coverage. Matters like these

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are explicitly provided as ALI cases.

2. Classification, Identification, Inclusion, Exclusion,

Qualification, or Disqualification of potential/actual farmer-
beneficiaries;
24:05 – Pag-usapan natin ang konsepto ng inclusion at exclusion
because a lot of provinces, especially in areas na mahina ang
LAD< do not know the concept of inclusion and exclusion.
Normally, this becomes necessary in case na may collective CLOA
or mother CLOA. In the mother CLOA, perhaps iyong mga
magsasaka who appears in the mother CLOA, nandoon sila sa
Approved Survey Plan. On the other hand, wala sila sa mother
CLOA. What is the remedy of the farmer who is missing in the
CLOA?
The remedy of the farmer who is missing in the CLOA despite being
included in the Approved Survey Plan is to _. That’s why we have
inclusion as an ALI case.
There are also instances, sa ating mother CLOA mayroon din mga
farmers na hindi naman karapat-dapat na nandyan because
either they are not qualify or they did not apply. Yet, you can see
their names is plastered overall the pages of the CLOA. The
remedy of the agreed co-owners? The farmers. Kasi sa kadahilan
na may naka salag na hindi naman karapat-dapat, lumiit ang
kanilang area of occupancy. The agreed parties can sue for
exclusion of partners. tanggalin iyong iba para ma-maintain ang
mga karapat-dapat sa mother CLOA.
Ang importante dito na malaman natin, in the case of suing for
inclusion and exclusion, maliban sa petition to be duly verified and
containing all ALI requirements such as certificate of form of _, it is
imperative that we join as pag-dedefend all those who will be
affected. For example, itong suing for exclusion, dapat iyong mga
farmer-beneficiaries themselves must bond together as the
plaintiffs. On the other hand, if they intend to introduce in the

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mother CLOA certain groups of farmers, we also have to defend all
persons named in the mother CLOA.

3. Subdivision surveys of land under Comprehensive Agrarian

Reform Program (CARP);

26:36 – Any technical problem pertaining to the Subdivision surveys,

surveyed under the CARP, are also considered as ALI. Please do
not confuse this with the boundary disputes as contained under
the enumerated in the cases under the jurisdiction of the DARAB.
You will find it in 2009 DARAB Rules, it admits of situations na
mayroong boundary disputes. Iyong mga boundary disputes are
purely processor in character. This one is technical. So, any
technical problem surrounding the subdivision surveys of land
under the CARP are considered as ALI.

4. Recall, or cancellation of provisional lease rentals,

Certificates of Land Transfer (CLTs) and CARP Beneficiary
Certificates (CBCs) in cases outside the purview of
Presidential Decree (PD) No. 816, including the issuance,
recall, or cancellation of Emancipation Patents (EPs) or
Certificates of Land Ownership Award (CLOAs) not yet
registered with the Register of Deeds;
27:54 – If we have your exclusive original jurisdiction, the effect
cancellation or registered EPs or CLOAs, _ na iyong mga hindi pa
naka-register sa RoD. If you examine very closely, sinasabi ng
CARP law, as amended, the DAR through its Secretary, including
its authorized representative, has the exclusive jurisdiction and
original jurisdiction to cancel EPs and CLOAs which are registered.
Ang nakalagay naman dito, in the contrary, not registered.
There is no conflict at all. If you have the power to recall or cancel
EPs or CLOAs which are registered, with _ sa mga di pa nakaka-
register. Mayroon din tayong tinatawag na “provisional lease

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rental”. Ang provisional lease rental, in case the parties are
reluctant to enter in a lease contract, but there is a necessity in
order to protect the interest of the farmers, before itinatakbo ito
sa PARAD and it is the PARAD who presides over its execution. If
you will examine the present laws, particularly AO 2 Series of 2007,
PARO na ang gumagawa ng PLR. Now, kung ang PARO na ang
gumawa, logically, this is to be treated as an ALI case, not as a
DARAB case. In fact, that’s the only explicit provided.
Ang CLT naman, alam natin na hindi pa title iyan. It is merely a
recognition the possibility ng isang magsasaka na pwede maging
emancipation patent holder balang araw. That can be recalled
by the RD, including CARP Beneficiary Certificates.
Ang PD 816 is an issuance of TNA during the time of PD 27. You
can find this under the vital documents of the New Society. Ang
naka saad dito, for farmer beneficiaries, under PD 27, which are
found to be delinquent in the amortization of lands they’re under,
can be disqualified.

5. Exercise of the right of retention by landowner;

30:39 – We all know sa pag-cover ng mga lupain, ang ating mga
landowners hindi naman dapat nauubusan. There are instances,
by other circumstances, ang ating mga landowners hindi pa nila
retention rightd. The remedy of the aggrieved landowner is to file
retention under this administrative order.

6. Application for exemption from coverage under Section

10 of RA 6657, as amended;

31:25 – Under Section 10, nakalagay ang exempt from coverage.

Nakalagay ang mga timberland, national parks, military camps,
school campuses, etc. With respect to campuses, schools, and
other government-owned lands, they have Executive Order 75.
They are in the process of preparing guidelines relative to the
protest mechanism under the said executive order. In the coming
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days or months, we can expect na madadagdagan na naman
ang related issuances on ALI rules.

7. Application for exemption pursuant to Department of

Justice (DOJ) Opinion No. 44 (1990);

32:22 – Itong application for exemption pursuant to DOJ Opinion

No. 44, although this is considered as an ALI rule, however you will
find out that this is governed by a special rule. Hindi ito karaniwang
dumadaan sa ating mga DARPO, unlike most ALI cases. But this is a
matter recognizable either by the Regional Director or by the
Office of the Secretary, depending on the area of the land subject
of the application. 5 hectares and below goes to the Regional
Director; if it is 5 hectares and above, it goes to the Office of the
Secretary. The legal basis for this is the DAR A.O. No. 4, Series of
2003.

8. Exclusion from CARP coverage of agricultural land used

for livestock, swine, and poultry raising;
33:45 – Although this is recognized as an ALI case, this is still
governed by a special rule and you can find that under DAR A.O.
No 1, Series of 2004, Rules and Regulations governing exclusion of
agricultural lands use for livestock, poultry, and swine. This was
actually issued in the light of the ruling of the Supreme Court in the
case of Luz farms vs DAR. In this case, it was determined na iyong
mga livestock and poultry which are exclusively used for these
kinds of purposes are supposed to be exempted.

9. Cases of exemption/exclusion of fishpond and prawn

farms from the coverage of CARP pursuant to RA 7881;

35:10 – Ano ba ang RA 7881? Kung napag-aaralan ang CARP law

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of 1988, wala pa nakalagay na prawn farms. It took the Congress

to legislate another law, this time 7881, recognizing the exclusion of
prawn farms from the coverage of the CARP.

10. Issuance of Certificate of Exemption for Land subject of

Voluntary Offer to Sell (VOS) and Compulsory Acquisition
(CA) found unsuitable for agricultural purposes;

11.Application for Conversion of agricultural land to

residential, commercial, industrial, or other non-agricultural
uses and purposes including protests or oppositions
thereto;

35:48 – Ito po, just like the livestock, poultry, and swine, prawn farms
and fishpond, iyong mga conversion cases in law considered as
ALI are governed by special rules. For that purpose, let’s take
out AO 1, Series of 2002/

12. Determination of the rights of Agrarian Reform

beneficiaries to homelots;

36:15 – Kung mapapansin niyo an gating mga approved survey

plans, lalong lalo na sa Philippine setting, if we will be examining
those documents, actually meron nang provision for
homelands, iyong ating mga magsasaka dapat may
homelands. In cases where a farmer decides to leave a
homeland, was not given under the approved survey plan, they
can actually file a petition for a grant of homeland.

13. Disposition of excess area of the tenant’s/farmer-

beneficiary’s landholding;
37:10 – Nakalagay sa ating batas, the farmers are only entitled to a

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certain hectarages Under the CARP, it’s supposed to be 3 hectares

and, under PD 27, depending upon at which it is irrigated or not. If
irrigated, 3 hectares; if not irrigated, 5 hectares.
There are instances when originally before land distribution the
farmer beneficiaries have actually been tenanting large tracts of
lands in excess of the allowable award limit. Now, disposition cases
of excess limits are what is being contemplated in this provision of
the law and this is considered as an ALI case.

14. Increase in area of tillage of a tenant/farmer-beneficiary;

15. Conflict of claims in landed estates administered by DAR

and its predecessors;
38:12 – Not all regions have landed estates. Landed estates is
actually the creation of previous laws under the past
administrations, notably panahon nina President Roxas and
Magsaysay.
Unfortunately, despite the lapse of so many decades, itong
mga landed estates ay hindi na-dispose ng mga dating opisina na
in-charge of its disposition. So, by virtue of the CARP, the
administration of these landed estates, including the disposition,
has been given to the DAR. Tayo na po ang nag-didistribute nito.
Halimbawa sa Camarines Sur area, we have a large
settlement here which used to be under the NARRA office. But
because of the CARP, tayo na ang nag-susurvey at tayo na ang
namimigay sa ating mga magsasaka with due preference to the
original claimants kasi matagal na itong mga landed estates.
Considering that the administration of these estates are only
transferred to the DAR, any conflicts arising there from, especially
conflicts of claims, are now considered as ALI rules by virtue of this
AO.

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16. Cases or disputes, arising from the need for continued

possession and installation of Agrarian Reform
beneficiaries;
39:45 – Itong cases or disputes arising from the need for continued
possession, this should be differentiated from AO 7 of 2011. Itong
AO 7 of 2011 which has reference to land distribution and
acquisition, karaniwan if there is a deprivation of a landholding by
any party opposed to the agrarian program resulting to the
non-installation of a farmer, what the DAR does is to resort to a
so-called writ of possession. Ito po ay ini-isyu ng PARO.
If, in the course of land acquisition and distribution, hindi
tayo makapag-install ng FB, we have a remedy which is provided
of AO 7 of 2011 and that is in the form of writ of installation.
Karaniwang itong writ of installation ay ini-isyu ng PARO. The way
to enforce this is through our DARAB sheriffs.
Now in the event of DARAB sheriff unable to carry out this
mandate by virtue of the writ, the PARO is even empowered or
authorized to request or deputize the other law enforcement
agencies to aid in the implementation of the head writ.
Now, remember ang issuance ng writ as a tool to install the
farmer beneficiary. It does not admit any opposition. So, in the
event that somebody opposes the issuance of the writ of
installation

18. Cases or disputes, arising from regarding the

maintenance of possession or reinstatement of actual
tillers not bound by any tenurial relations on landholdings
devoted to agriculture;

19. In cases with resolutions, orders or decisions which have

attained finality or have been executed, the DAR in the
exercise of its adjudicatory powers in the resolution of cases

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involving ALI is not barred from taking cognizance of new

controversies arising from changes in the conditions of the
subject landholdings or parties; and

20. Such other agrarian cases, disputes, matters or concerns

referred by the Secretary to the Regional Director, other
DAR officials, or in other cases where the Secretary
assumes jurisdiction.

JURISDICTION
(Rule II, Section 6, AO3, Series of 2017)

a. General Jurisdiction: DAR Regional Director is vested with

primary jurisdiction over all ALI cases.
Exceptions:
• When a separate special rule vests primary jurisdiction in
another DAR office;
• Protests or petitions to lift Notice of Coverage based on
the ground of exclusion or exemption that is within the
jurisdiction of the DAR Secretary (See: DAR AO 1 Series
of 2004 and DAR AO 4 Series of 2003);
• Land Use Conversion falling under the jurisdiction of the
DAR Secretary (AO 1 Series of 2000).

b. Appellate Jurisdiction: the DAR Secretary (who may

delegate the resolution of appeals to any
undersecretary).
Note: “Flashpoint Cases” (as certified according to the
criteria and procedure in DAR MC 13 of 1997) shall not

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divest any authority from the proper DAR Officials in

resolving the case.

A. COMMENCEMENT OF ACTION
1. IF NO NOTICE OF COVERAGE (NOC) HAS BEEN SENT YET,
actions are commenced by the filing of Initiatory pleading
or application with either the DAR Regional Director or the
PARPO;

2. If commenced with the DARRO, the DARRO shall docket

the case and transmit the case folder to the PARPO within
five (5) working days from filing with notice to all parties.
The PARPO, in turn, within 5 (five) working days, shall
transmit the case folder to the MARO, with notice to all
the parties.

3. IF ALREADY ISSUED WITH NOTICE OF COVERAGE, the

initiatory pleading or application shall be filled with the
DARMO concerned. The MARO thereby conducts the
necessary mediation conciliation. If erroneously filed with
any other DAR office, the receiving office shall transmit
the case folder with the proper DAR Office within five (5)
working days upon determination.
Note:

It is provided under Section 12.2 of AO 3 of 2017 that only the real

party-in-interest may file a protest or a petition to lift NOC which

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must be done within 60 days form receipt of the NOC or from its
publication, as the case may be. Otherwise, the case shall merit
outright dismissal.

It is also provided under Section 13 of the AO that the petition

must contain a duly-notarized “Disclosure Statement”.
The failure to include the same and the commission of acts
constituting forum shopping shall be a ground for the dismissal of
the cancellation case without prejudice.

B. MEDIATION/CONCILATION BY THE DARMO

The MARO, after either

• The receipt of the case folder from the PARO

• After the application/petition is filed with the DARMO
• Or after the case folder was transmitted to it by any other DAR
Office before which the petition/application has been
erroneously filed,
Shall conduct the necessary, mediation and conciliation
proceedings. In every case, however, the issue of coverage under
PD 27 or RA 6657 shall not be the subject of compromise.
If the conciliation/mediation efforts fail, the MARO, shall,
within 5 working days from termination thereof, transmit the case
folder to the PARPO, WITH A WRITTEN REPORT, explaining the
reasons for the failure, copy furnished the party to the case;

C. INVESTIGATION
The PARPO or any investigating officer or committee which
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he or the Regional Director may designate shall conduct
investigations and perform whatever is necessary to achieve a just,
expeditious and inexpensive disposition of the case.
The Ocular Inspection Team shall prepare of thereof which
shall be signed by the parties in attendance, including the BARC
representative.
If anyone refuses to sign the ocular inspection team shall
indicate in the report the reason therefor.
The investigating officer shall require the parties to submit
simultaneously their respective Position Papers within ten (10) days
of receipt of the order, attaching thereto the Draft Decision,
together with the soft copy (CD or USB) written in any popular word
-processing program, copy furnished the other party.

D. DECISION
The appropriate authority shall promulgate the decision
within thirty (30) days from receipt of the Investigating officer’s
recommendation. This is pursuant to the provision to that effect
found under Section 51 of RA 6657.

Remedies Available to the Aggrieved Party:

1. Motion for Reconsideration

In cases which are decided EITHER by the Regional Director OR
the Secretary where the latter exercises EITHER exclusive original
jurisdiction
OR appellate jurisdiction, a party may file one (1) Motion for
Reconsideration within a non-extendible period of fifteen (15) calendar
days from receipt of the decision, copy furnished all other parties. The
filing of the motion interrupts the running of the period within which to

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appeal. The Regional Director shall rule on the motion within thirty (30)
days from its filing.

2. Appeal
If decided by the Regional Director, the decision may be appealed
to the Secretary.
On the other hand, Decisions of the Secretary which are rendered
EITHER in its exclusive original jurisdiction OR appellate jurisdiction shall be
filed with the Office of the President (OP).

Grounds for Appeal before the Office of the Secretary:

a. Serious errors on the findings of fact or conclusion of law

which may cause grave and irreparable injury to the
appellant;

b. Coercion, fraud or clear graft and corruption in the

issuance of a decision.
PERIOD TO APPEAL: 15 DAYS from receipt of the Resolution/
Decision of the RD or the Secretary

HOW TO FILE?
Notice of Appeal with proof of payment of appeal fee.
Once appeal is perfected the RD issues an order to that effect.
Non-perfection merits outright dismissal.

APPEAL PLEADINGS REQUIRED?

1. Appellant submits an appeal brief with the BALA within ten (10)
days from perfection of the appeal, copy furnished the
adverse party and the RD.

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2. The appellee may submit a comment (NOT A MOTION TO

DISMISS) within ten (10) days from receipt of the appeal brief,
furnishing copies thereof to the appellant and the RD. The BALA
Director, if he/she finds necessary, may conduct a clarificatory
hearing and order the parties to submit simultaneously their
respective Memorandum on Appeal within (10) days from
termination of the clarificatory hearing.

 Yes (Section 30), by filing a Motion to Withdraw, but

before promulgation of the decision and provided that it
is NOT PREJUDICIAL TO PUBLIC INTEREST.

Note: The said remedies are not inconsistent with other

remedies available under the Rules of Court, so long as it will
not result to the issuance of a restraining order or injunction
against the implementation of the program.

E. FINALITY AND EXECUTION

Orders, decisions and/or resolutions shall become final

and executory after all parties have received an official copy
of thereof. The filing of appeal within the proper period DOES
NOT TAY THE EXECUTION OF THE SUBJECT DECISION.

The RD issues the necessary certificate of finality within

five (5) days from the date of finality of the case. For cases
decided by the Secretary in cases that has attained finality
thereat, the BALA Director issues the Certificate of Finality
within 5 days from the date of finality.

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Upon completion of the certificate of finality, the

deciding authority shall issue a writ of execution, upon
motion or moto propio, ordering the MARO or other
appropriate DAR official to enforce or implement the
decision.

Other Considerations/Salient Aspects of the ALI Rules:

i. CONSTRUCTION (Sec. 3)

ii. PREJUDICIAL ISSUE (Sec. 4)

iii. POWER TO SUMMON WITNESSES AND COMPEL SUBMISSION OF

DOCUMENTARY EVIDENCE (Sec. 17)

iv. ISSUANCE OF CEASE AND DESIST ORDER (Sec. 18)

v. POWER TO CITE DIRECT AND INDIRECT CONTEMPTS (Sec. 19)

vi. PROHIBITIONS AGAINST RESTRAINING ORDER OR PRELIMINARY

INJUNCTION (Sec. 20)

vii. PROSPECTIVE APPLICATION (Sec. 35, Transitory Provision)

viii. SUSPENSION OF RULES (Sec. 36)

See also DOJ Opinion No. 38, Series of 2020, which exempts
ALI cases including Adjudication cases from the timeline set under
the Ease of Doing Business Act.

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5 Commonly Questions:

1. What is the effect of a pending ALI case on Land Acquisition

and Distribution (LAD)?

2. Is Transfer Action considered an ALI Case?

3. Can a petition for Retention be filed simultaneously with a

Petition for Exemption?

4. Can a DAR Official represent or be authorized to represent a

petitioner in an ALI case?

5. Is the statue on limitations applicable to ALI Rules?

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Agrarian Reform Capacity Development Service

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