Ao 03-03, Ali Rules
Ao 03-03, Ali Rules
Ao 03-03, Ali Rules
CASES
Pursuant to Sections 49 and 50 of Republic Act (RA) No. 6657, or the “Comprehensive
Agrarian Reform Law of 1988” (CARL), and in order to foster a just, inexpensive, and
expeditious determination of agrarian cases, the following are the Department of Agrarian
Reform (DAR) rules governing the adjudication of cases involving Agrarian Law
Implementation (ALI):
RULE I
Preliminary Provisions
SECTION 1. Title. These Rules shall be known as the “2003 Rules of Procedure for ALI
Cases”.
SECTION 2. ALI cases. These Rules shall govern all cases arising from or involving:
2.1. Classification and identification of landholdings for coverage under the agrarian
reform program and the initial issuance of Certificate of Land Ownership Awards
(CLOAs) and Emancipation Patents (EPs), including protests or oppositions thereto and
petitions for lifting of such coverage;
2.2. Classification, identification, inclusion, exclusion, qualification, or
disqualification of potential/actual farmer-beneficiaries;
2.3. Subdivision surveys of land under Comprehensive Agrarian Reform (CARP);
2.4. Recall, or cancellation of provisional lease rentals, Certificates of Land Transfers
(CLTs) and CARP Beneficiary Certificates (CBCs) in cases outside the purview of
Presidential Decree (PD) No. 816, including the issuance, recall, or cancellation of
Emancipation Patents (EPs) or Certificates of Land Ownership Awards (CLOAs) not yet
registered with the Register of Deeds;
2.5. Exercise of the right of retention by landowner;
2.6. Application for exemption from coverage under Section 10 of RA 6657;
2.7. Application for exemption pursuant to Department of Justice (DOJ) Opinion No.
44 (1990);
2.8. Exclusion from CARP coverage of agricultural land used for livestock, swine, and
poultry raising;
2.9. Cases of exemption/exclusion of fishpond and prawn farms from the coverage of
CARP pursuant to RA 7881;
2.10. Issuance of Certificate of Exemption for land subject of Voluntary Offer to Sell
(VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural purposes;
2.11. Application for conversion of agricultural land to residential, commercial,
industrial, or other non agricultural uses and purposes including protests or oppositions
thereto;
2.12. Determination of the rights of agrarian reform beneficiaries to homelots;
2.13. Disposition of excess area of the tenant’s/farmer-beneficiary’s landholdings;
2.14. Increase in area of tillage of a tenant/farmer-beneficiary;
2.15. Conflict of claims in landed estates administered by DAR and its predecessors;
and
2.16. Such other agrarian cases, disputes, matters or concerns referred to it by the
Secretary of the DAR.
SECTION 3. DARAB cases. These Rules shall not apply to cases falling within the
exclusive original jurisdiction of the Department of Agrarian Reform Adjudication Board
(DARAB) and its Regional or Provincial Agrarian Reform Adjudicators (RARAD or
PARAD) which include:
3.1. The rights and obligations of persons, whether natural or juridical, engaged in the
management, cultivation, and use of all agricultural lands covered by RA 6657 and other
related agrarian laws;
3.2. The preliminary administrative determination of reasonable and just
compensation of lands acquired under PD 27 and the CARP;
3.3. The annulment or cancellation of lease contracts or deeds of sale or their
amendments involving lands under the administration and disposition of the DAR or
Land Bank of the Philippines (LBP);
3.4. Those cases involving the ejectment and dispossession of tenants and/or
leaseholders;
3.5. Those cases involving the sale, alienation, pre-emption, and redemption of
agricultural lands under the coverage of the CARL or other agrarian laws;
3.6. Those involving the correction, partition, cancellation, secondary and subsequent
issuances of CLOAs and EPs which are registered with the Land Registration Authority;
3.7. Those cases involving the review of leasehold rentals;
3.8. Those cases involving the collection of amortizations on payments for lands
awarded under PD 27 (as amended), RA 3844 (as amended), and RA 6657 (as amended)
and other related laws, decrees, orders, instructions, rules, and regulations, as well as
payment for residential, commercial, and industrial lots within the settlement and
resettlement areas under the administration and disposition of the DAR;
3.9. Those cases involving the annulment or rescission of lease contracts and deeds of
sale, and the cancellation or amendment of titles pertaining to agricultural lands under the
administration and disposition of the DAR and LBP; as well as EPs issued under PD 266,
Homestead Patents, Free Patents, and miscellaneous sales patents to settlers in settlement
and re-settlement areas under the administration and disposition of the DAR; ScHAIT
3.10. Those cases involving boundary disputes over lands under the administration and
disposition of the DAR and the LBP, which are transferred, distributed, and/or sold to
tenant-beneficiaries and are covered by deeds of sale, patents, and certificates of title;
3.11. Those cases involving the determination of title to agricultural lands where this
issue is raised in an agrarian dispute by any of the parties or a third person in connection
with the possession thereof for the purpose of preserving the tenure of the agricultural
lessee or actual tenant-farmer or farmer-beneficiaries and effecting the ouster of the
interloper or intruder in one and the same proceeding;
3.12. Those cases previously falling under the original and exclusive jurisdiction of the
defunct Court of Agrarian Relations under Section 12 of PD 946 except those cases
falling under the proper courts or other quasi-judicial bodies; and
3.13. Such other agrarian cases, disputes, matters or concerns referred to it by the
Secretary of the DAR.
SECTION 5. Prejudicial Issue. When an ALI case raises a prejudicial issue, such issue
being a DARAB case under Section 3 hereof, the Secretary/Regional Director shall
suspend the case pending resolution of the prejudicial question. Conversely, when a case
pending before the DARAB or its Adjudicators raises a prejudicial issue, such issue being
an ALI case under Section 2 hereof and falling within the exclusive jurisdiction of the
Secretary/Regional Director, the Adjudicating Authority shall suspend the case pending
the resolution of the prejudicial question in the proper forum.
SECTION 6. Referral of cases. When a party erroneously files a case under Section 2
hereof before the DARAB, the receiving official shall refer the case to the proper DAR
office for appropriate action within five (5) working days after determination that said
case is within the jurisdiction of the Secretary. Likewise, when a party erroneously files a
case under Section 3 hereof before any office other than the DARAB or its adjudicators,
the receiving official shall, within five (5) working days, refer the case to the DARAB or
its adjudicators.
RULE II
Jurisdiction Over ALI Cases
SECTION 10. Appellate Jurisdiction. The Secretary shall exercise appellate jurisdiction
over all ALI cases, and may delegate the resolution of appeals to any Undersecretary.
SECTION 11. Jurisdiction over Flashpoint cases. Any certification declaring a case as
“flashpoint” in accordance with the criteria and procedure in DAR Memorandum
Circular (MC) No. 13 [1997] shall not divest any authority from the DAR official for
resolving the case. A flashpoint certification merely serves to accord utmost priority to
the resolution of the case subject thereof.
RULE III
Procedure
SECTION 12. Applicability. The procedures herein shall generally apply to all ALI cases
except for specific situations such as applications for land use conversion and
exemption/exclusion from CARP coverage which shall be governed by the special
procedures therefor.
SECTION 15. Pauper Litigant. A party who is a farmer, agricultural lessee, share tenant,
farm worker, actual tiller, occupant, collective or cooperative of the foregoing
beneficiaries, or amortizing owner-cultivator, shall allege such fact in a sworn statement
and shall thereafter benefit from the privileges for pauper litigants without need of further
proof. He shall continue to enjoy such privileges in all levels of the proceedings until
finality of the case.
SECTION 16. Intervention. No intervention shall be given due course unless the
intervenor shows proof that he has a substantial right or interest in the case which he
cannot adequately protect in another case. This notwithstanding, potential farmer
beneficiaries have a substantial right, interest, and legal personality to intervene. No
intervenor shall, however, be allowed to file any motion to postpone/extend/reset or any
pleading which may in any way delay the case which he seeks to intervene in.
SECTION 20. Cease and Desist Order. In cases where any party may suffer grave or
irreparable damage, or where the doing or continuance of certain acts will render the case
moot and academic, or where there is a need to maintain peace and order and prevent
injury or loss of life or property, the Secretary (or whoever the Secretary may designate)
may, motu proprio or at the instance of any party, issue a Cease and Desist Order (CDO)
to prevent grave and irreparable damage while awaiting resolution of the case. The
Regional Director may exercise the same authority for matters that are strictly within the
confines of his territorial jurisdiction. In this regard, the issuing authority may request the
assistance of law enforcement agencies to implement the CDO. IAcDET
SECTION 22. Furnishing a copy of the decision. The deciding authority shall furnish a
copy of the decision, not only to the parties' counsel/s or representative/s, but also
directly to the parties themselves as well as to the PARO, MARO, BARC, and all other
DAR officials who took part in the case or who may take part in its execution or
implementation.
SECTION 23. Motion for Reconsideration — A party may file only one (1) motion for
reconsideration of the decision of the Regional Director, and may do so only within a
non-extendible period of fifteen (15) calendar days from receipt of the decision,
furnishing a copy of the motion to all other parties. The filing of the motion interrupts the
running of the reglementary period within which to appeal. The Regional Director shall
rule on the motion within thirty (30) days from its filing date.
23.1. If the motion for reconsideration is denied, the movant may perfect an appeal
before the Secretary within only the remainder of said non-extendible period of fifteen
(15) calendar days but not less than five (5) calendar days.
23.2. If the motion for reconsideration is granted, resulting in the reversal of the
original decision, the losing party may perfect an appeal before the Secretary within a full
but non-extendible period of fifteen (15) calendar days from receipt of the new decision.
SECTION 24. Motion for Reconsideration of the decision or order of the Secretary — In
cases where the Secretary exercises exclusive original jurisdiction, a party may file only
one (1) motion for reconsideration of the decision of the Secretary, and may do so only
within a non-extendible period of fifteen (15) calendar days from receipt of the decision,
furnishing a copy of the motion to all other parties. The filing of the motion interrupts the
running of the reglementary period within which to appeal.
24.1. If the motion for reconsideration is denied, the movant may perfect an appeal
before the Office of the President within only the remainder of said non-extendible period
of fifteen (15) calendar days but not less than five (5) calendar days.
24.2. If the motion for reconsideration is granted, resulting in the reversal of the
original decision, the losing party may perfect an appeal before the Office of the
President within a full but non-extendible period of fifteen (15) calendar days from
receipt the new decision.
RULE IV
Appeals to the Secretary
SECTION 25. Grounds. No appeal shall be given due course unless the decision of the
Regional Director is final, disposing of the case on the merits, and only on the following
grounds:
25.1. Serious errors in the findings of fact or conclusion of law which may cause grave
and irreparable damage or injury to the appellant; or
25.2. Coercion, fraud, or clear graft and corruption in the issuance of a decision.
SECTION 26. Caption. The caption of all appeals, in addition to the standard lines
indicating the hierarchy of authority (first line: “Republic of the Philippines”; second
line: “Department of Agrarian Reform”; third line: “Office of the Secretary”), shall
likewise specifically address appeals to the “Bureau of Agrarian Legal Assistance” or
“BALA”, and refer to the appealing party as the “appellant” and the adverse party the
“appellee”. The BALA shall assign a new docket number to each appeal which shall
appear above the old docket number (enclosing the old docket number inside a
parenthesis).
SECTION 27. When to appeal. Appeals may be taken within fifteen (15) days from
receipt of the adverse decision pursuant to Section 51 of RA 6657 which provides that
“any order or ruling or decision shall be final after the lapse of fifteen (15) days from
receipt of a copy thereof”.
SECTION 28. Where to appeal. Appeals from the decision of the Regional Director shall
be made by filing in the same regional office which issued the adverse decision, a notice
of appeal with proof of payment of the requisite appeal fee. Official cashiers of any DAR
office may receive payment of the requisite appeal fee. Non-perfection of the appeal
within the reglementary period merits dismissal of the appeal.
SECTION 29. Appeal pleadings. The appellant shall submit an appeal brief with the
BALA within ten (10) days from perfection of the appeal, furnishing a copy thereof to the
adverse party and the Regional Director. The appellee may submit a comment (not a
motion to dismiss) within ten (10) days from receipt of the appeal brief, furnishing a copy
thereof to the appellant and the Regional Director. Within fifteen (15) days from filing of
the appellee's comment, the BALA director shall issue a preliminary order stating either
that:
29.1. The pleadings on record are sufficient for deciding the appeal and henceforth the
deciding authority shall promulgate its decision; or
29.2. The pleadings on record are insufficient for a proper determination of the issues
raised and so the parties shall simultaneously file their respective appeal memorandum
within ten (10) days from receipt of the order to do so; or
29.3. The pleadings on record need further clarification and the conduct of a
clarificatory hearing is necessary. Ten (10) days after the termination of the said hearing
thereof, the BALA Director may order the parties to simultaneously file their respective
appeal memorandum.
At any time before the ALI case is decided, any party may submit a hard copy of a draft
decision with a diskette containing such draft written in any popular word-processing
program, furnishing a copy thereof to all parties.
Upon submission of sufficient pleadings, the BALA Director shall submit his
recommendation to the deciding authority. EIDATc
SECTION 30. Record Transmittal. Upon receipt of the notice of appeal, the DARRO of
origin shall arrange each document therein in chronological order according to date of
receipt (the first-received document in the first page, so on and so forth, until the last-
received document in the last page); inscribe a page number (by hand or with a
paginating device) on each page and every page; and thereafter the responsible officer at
the DARRO shall affix his initials on each and every page. When for special reasons a
particular document in the records requires that it be free from any form of marking, the
pagination and affixing of initials shall be made only upon photocopies thereof; the
originals shall be in separate envelopes while photocopies thereof shall form part of the
main rollo folder. The DARRO shall prepare a table of contents, which shall be ahead of
the first page of the records, and attach a photocopy of the appeal fee receipt in front of
the table of contents. Within ten (10) days from perfection of the appeal, the DARRO
shall transmit the records and all its accompanying envelopes to the BALA. To enforce
compliance with this Section, the BALA Director may, after due investigation,
recommend disciplinary action against the erring DARRO official, including the
Regional Director when necessary.
SECTION 31. Appeal Withdrawal. An appeal may be withdrawn by filing with the
BALA a motion to withdraw appeal at any time prior to the promulgation of the appellate
decision, except when the withdrawal is prejudicial to public interest. The withdrawal
may take effect only after the Secretary issues an order approving the motion to
withdraw.
RULE V
Appeals from the Secretary
SECTION 32. Motion for Reconsideration. A party may file only one (1) motion for
reconsideration of the decision of the Secretary or deciding authority, and may do so only
within a non-extendible period of fifteen (15) calendar days from receipt of the
Secretary's decision, furnishing a copy of the motion to all other parties. The filing of the
motion interrupts the running of the reglementary period within which to appeal. Upon
receipt of the resolution on the motion for reconsideration, the losing party may elevate
the matter to the Office of the President (OP).
SECTION 33. Appeal. Appeals from the decision of the Secretary may be taken to the
OP within fifteen (15) days from receipt thereof. The filing of an appeal within the proper
period stays execution of the subject decision, unless the OP orders immediate execution
of the DAR decision upon such terms and conditions that are just and reasonable,
pursuant to Section 4 of OP Administrative Order (AO) No. 18 dated 12 February 1987,
or the applicable rule.
SECTION 34. Judicial review. In cases where the appellant opts to elevate his appeal
directly to a judicial forum, the governing procedure shall be the pertinent provisions of
the Rules of Court, until and unless the judicial forum dismisses the appeal for failure to
exhaust administrative remedies.
RULE VI
Finality and Execution
SECTION 35. Finality. Final orders / decisions / resolutions shall become final and
executory after all parties have received an official copy thereof; after the lapse of fifteen
(15) calendar days from the date receipt by the last recipient of an official copy thereof;
and there is no motion for reconsideration nor appeal therefrom.
SECTION 36. Execution. Execution shall issue automatically as a matter of course upon
finality of the case. The Regional Director shall prepare the necessary certificate of
finality within five (5) days from date of finality of a case. For cases appealed to the
Secretary that attained finality thereat, the BALA Director shall prepare the necessary
certificate of finality within five (5) days from the date of finality. Upon completion of
the certificate of finality, the Regional Director or deciding authority may, upon motion or
motu propio, issue a writ of execution ordering the MARO or appropriate DAR official to
enforce the final order / decision / resolution. For this purpose, the MARO or appropriate
DAR official may seek assistance from law enforcement agencies.
RULE VII
Final Provisions
SECTION 37. Case records are public documents. Subject to the provisions of DAR
Memorandum Circular No. 25, Series of 1995, records of a case are public documents
and all parties, their representatives, and general public may request to copy the same or
any portion thereof except for the documents stated in said Memorandum Circular from
its official custodian during reasonable office hours, upon payment of reasonable
reproduction costs and certification fees.
SECTION 38. Repealing clause. This Order modifies or repeals DAR-AO-6-2000 and all
other issuances or portions thereof that are inconsistent herewith.
SECTION 40. Effectivity clause. This Order shall take effect ten (10) days after its
publication in two (2) national newspapers of general circulation, pursuant to Section 49
of RA 6657. EaICAD
Diliman, Quezon City, 16 January 2003.