EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez : -
2838

House Bill No.
EXPLANATORY NOTE

The establishment of the Comprehensive Agrarian Reform Program under
Proclamation No. 131, Executive Order No. 229, Republic Act No. 6657 and other related laws
‘would be incomplete without the institution of a system for administrative adjudication to settle
controversies arising from the implementation of the law.

Expectedly, a piece of social legislation which limits property rights and distributes land
would generate numerous disputes. To address this concern, the Department of Agrarian
Reform Adjudication Board (DARAB) was created under Executive Order No. 129-A dated
July 26, 1987.

The DARAB affords the disadvantaged agrarian reform beneficiary an expeditious and
inexpensive mode of resolving conflict. Its proceedings are summary in nature and
non-adversarial in character.

Despite the good intentions behind its creation, the DARAB is beset with serious
Structural flaws, specifically, with respect to its composition and its capacity to effectively
discharge its mandated tasks.

This bill creates an independent body, to be known as the National Agrarian Reform
Adjudication Commission (NARAC), composed of a chairman and fourteen (14)
Commissioners, who are all appointed by the President upon recommendation of the DAR
Secretary. The qualifications of the commissioners are provided in the bill to ensure the
appointment of qualified and competent persons to the said positions.

The NARAC has jurisdiction over all agrarian disputes, including the determination of
just compensation. It sits en banc only for the purpose of promulgating rules of procedure and
formulating policies. Its adjudicatory functions are exercised through five (5) divisions, which
act independently of each other.

Each division has Provincial Agrarian Reform Adjudicators (PARADs), which have
exclusive original jurisdiction over all agrarian disputes. The decisions of the PARADS are.
appealable to NARAC and thereafter to the Supreme Court by a petition for certiorari, unlike
those of the DARAB which are appealable to the Court of Appeals.

To ensure compliance with the reglementary period for deciding cases, the bill requires
adjudicators to execute sworn statements, attesting compliance with such period before they
can claim their salaries.

The Chairman is authorized to prescribe and approve administrative adjudication to
Support the agrarian reform program of the government.

For the foregoing reasons, the passage of this bill is earnestly sought.

Mi; UZ


EIGHTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez os

House Bill No. 2838

AN ACT
CREATING THE NATIONAL AGRARIAN REFORM ADJUDICATION COMMISSION,
DEFINING ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. The National Agrarian Reform Adjudication Commission: Creation,
Composition and Jurisdiction. - There shall be created a National Agrarian Reform
Adjudication Commission, hereinafter known as the Commission, to be composed of a
Chairman and fourteen (14) members. There shall be established a provincial office of the
Commission in each province of the country, to be headed by a Provincial Agrarian Reform
Adjudicator (PARAD). The Commission shall be attached to the Department of Agrarian
Reform (DAR) for program and policy coordination only.

The Commission may sit en banc or in five (5) divisions, each composed of three (3)
members

The Commission shall exercise its adjudicatory and all other powers, functions, and
duties, through its divisions. The first, second and third divisions shall handle cases coming
from Luzon and the fourth and fifth divisions shall handle cases from Visayas and Mindanao,
respectively. The divisions shall have exclusive appellate jurisdiction over cases decided by
the PARADs within their respective territorial jurisdictions.

The Chairman shall be the Presiding Commissioner of the first division and shall
designate the presiding commissioners of the other divisions. In case of the effective absence
‘or incapacity of the Chairman, the Presiding Commissioner of the second division shall be the
acting chairman.

The Commission shall be vested with jurisdiction to determine and adjudicate all
agrarian reform disputes arising from or in connection with the implementation of Republic Act
No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, and other
agrarian reform laws.

SEC. 2. Powers of the Commission. - The Commission has the following powers and
authority, to be exercised, in proper cases, by the members of the Commission sitting en banc
or through its divisions or the PARADs, as herein provided:

1) To promulgate rules and regulations governing the hearing and disposition of cases
before it and the PARAD as well as those pertaining to its internal functions and
such as may be necessary to carry out the purposes of this Act;

2) To administer oaths, summon the parties to a controversy, issue subpoenas
Fequiring the attendance and testimony of witnesses or the production of such
books, papers, and other documents as may be material to a just determination of
the matter under investigation, and to testify in any investigation or hearing
conducted pursuant to this Act;

3) To conduct investigation for the determination of a question, matter or controversy
within its jurisdiction, proceed to hear and determine the disputes even in the
absence of any party thereto who has been summoned or served with notice to
appear, conduct its proceedings or any part thereof in public, adjourn its hearings


to any time and place, refer technical matters to an expert and to accept his report
as evidence after hearing of the parties upon due notice, direct parties to be joined
‘or excluded from the proceedings, correct, amend or waive any error, defect or
irregularity, whether in substance or inform, give all such directions as it may
deem necessary or expedient in the determination of the dispute before it, and
dismiss any matter or refrain from further hearing or from determining the dispute
or part thereof, where it is trivial or where further proceedings by the Commission
are not necessary or desirable; and

4) To hold any person in direct or indirect contempt and impose appropriate penalties
therefor in accordance with law. A person guilty of misbehavior in the presence of
or so near the Chairman or any member of the Commission or any PARAD as to
obstruct or interrupt the proceedings before the same, including disrespect toward
said officials, offensive conduct 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, may be summarily adjudged in direct contempt by said officials and
punished by a fine not exceeding Five thousand pesos (R5,000.00) or
imprisonment not exceeding five (5) days, or both if it be before the Commission or
a member thereof, or by a fine not exceeding One thousand pesos (1,000.00) or
imprisonment not exceeding one (1) day, or both if it be before the PARAD. The
Person adjudged in direct contempt by a PARAD may appeal to the Commission
and the execution of the judgment shall be suspended pending the resolution of the
appeal upon the filing by such person of a bond on condition that he will abide by
and perform the judgment of the Commission should the appeal be decided
against him. Judgment of the Commission on direct contempt is immediately
executory and unappealable. Indirect contempt shall be dealt with by the
Commission or the PARAD in the manner prescribed under Rule 71 of the Rules of
Court.

5) To enjoin or restrain any actual or threatened commission of any or all prohibited or
unlawful acts or to require the performance of a particular act in any agrarian
dispute which, if not restrained or performed forthwith, may cause grave or
irreparable damage to any part or render ineffectual any decision in favor of such
arty: Provided, That no temporary or permanent injunction in any case involving or
growing out of an agrarian dispute as defined in this Act shall be issued except
after hearing the testimony of witnesses, with opportunity for cross-examination, in
support of the allegations of the complaint made under oath, and testimony in
opposition thereto, if offered, and only after a finding of fact by the Commission, to
the effect:

a) That prohibited or unlawful acts have been threatened and will be committed
and will be continued unless restrained: Provided, That no injunction or
temporary restraining order shall be issued on account of any threat, prohibited
or unlawful act, except against the person, association or organization making
the threat or committing the prohibited or unlawful act or actually authorizing or
ratifying the same after actual knowledge thereof;

b) That substantial and irreparable injury to complainant's property will follow;

) That as to each item of relief to be granted, greater injury will be inflicted upon
the complainant by the denial of relief than upon the defendant by the granting
of relief;

) That complainant has no adequate remedy at law; and

e) That the public officers charged with the duty to protect complainant's property
are unable or unwilling to furnish adequate protection

‘SEC. 3. Manner of Voting. - The concurrence of two (2) Commissioners of a division
Shall be necessary for the pronouncement of a judgment or resolution. Whenever the required
membership in a division is not complete and the concurrence of two (2) Commissioners to
arrive at a judgment or resolution cannot be obtained, the Chairman shall designate such


number of additional Commissioners from other divisions as may be necessary.

The conclusions of a division on any case submitted to it for decision shall be reached
in consultation before the case is assigned to a member for the writing of the opinion. It shall
be mandatory for the division to meet for purposes of the consultation ordained herein. A
certification to this effect signed by the Presiding Commissioner of the division shall be issued
and a copy thereof attached to the record of the case and served upon the parties.

SEC. 4. Headquarters. - The Commission and its first, second and third divisions shall
have their offices in Metropolitan Manila and the fourth and fifth divisions, in the cities of Cebu
and Cagayan de Oro, respectively.

SEC. 5. Appointment; Qualifications; Oath and Term of Office. - The Chairman
and the other Commissioners shall be appointed by the President upon recommendation of
the Secretary of Agrarian Reform. The PARADs shall be appointed by the Chairman subject
to civil service law, rules and regulations. The Chairman and the other Commissioners shall
be members of the Philippine Bar and must have been engaged in the practice of law in the
Philippines for at least fifteen (15) years, with at least five (5) years of experience or exposure
in the field of agrarian relations or agrarian reform.

The PARADs shall likewise be members of the Philippine Bar and must have been
engaged in the practice of law in the Philippines for at least seven (7) years, with at least three
(3) years experience or exposure in the field of agrarian relations or agrarian reform.

The Chairman, the Commissioners and the PARADs shall, before assuming the duties
and functions of their respective offices, each execute a statement under oath that he, his:
Spouse and children do not own any agricultural land which have not been properly subjected
to the provisions of Republic Act No. 6657 and other agrarian reform laws.

The Chairman, the Commissioners and the PARADs shall hold office during good
behavior until they reach the age of sixty-five (65) years, unless sooner removed for cause as
Provided by law or become incapacitated to discharge the duties of their office.

SEC. 6. Staff Complement; Administrative Supervision. - The Commission shall be
complemented by the following staffing pattern:
|. Office of the Chairman
Support Staff
One (1) Executive Clerk of the Commission
Five (5) Attorney VI
Five (5) Legal Officer II!
One (1) Executive Assistant V
Two (2) Executive Assistant IV
Two (2) Executive Assistant Ill
Four (4) Computer Programmers.
Three (3) Stenographic Reporters
‘One (1) Sheriff
One (1) Interpreter
One (1) Bailiff
One (1) Docketing Clerk
Three (3) Senior Clerks
Two (2) Private Secretaries
One (1) Driver
One (1) Messenger
Finance Management Division
Division Chief
One (1) Cashier
‘One (1) Accountant IV
One (1) Accountant III
One (1) Accountant I


‘One (1) Accountant |
One (1) Budget Officer IV
‘One (1) Budget Officer IIIS. No. 1567
One (1) Budget Officer II
One (1) Budget Officer |
One (1) Senior Bookkeeper
One (1) Bookkeeper
Two (2) Accounting Clerks
Two (2) Computer Programmers
Three (3) Senior Clerks

Litigation Division
Division Chief
Two (2) Attorney VI
Four (4) Attorney V
Six (6) Legal Officer II
Three (3) Computer Programmers
Two (2) Stenographic Reporters
Three (3) Senior Clerks

cand Valuation Division
Division Chief
One (1) Attorney V
Four (4) Attorney IV
Three (3) Legal Officer Il
Four (4) Appraisers
One (1) Accountant V
‘One (1) Accountant IV
Three (3) Computer Programmers
Three (3) Stenographic Reporters
Three (3) Senior Clerks
egal Research and Information Division

Division Chief
Three (3) Research Attorney V
Five (5) Legal Officer Il
Three (3) Technical Assistants
Two (2) Statisticians
‘Two (2) Computer Programmers
Two (2) Senior Clerks

Administrative and Management Division
‘One (1) Division Chief
One (1) Personnel Officer
Two (2) Human Resource Development Officer I
Two (2) Human Resource Development Officer I!
One (1) Administrative Officer V
One (1) Administrative Officer III
Three (3) Senior Clerks
Four (4) Computer Programmers
Two (2) Messengerial Aides
Two (2) Utility Men
Two (2) Duplicating Machine Operators
Two (2) Security Guards

Records sion
Division Chief
Two (2) Records Officer I!
One (1) Records Officer II
One (1) Records Officer |



One (1) Clerk Ill
One (1) Clerk I
One (1) Clerk
One (1) Messenger
sl ivi
‘One (1) Division Chief
Three (3) Legislative Liaison Specialists
One (1) Press Relations Officer
Three (3) Computer Programmers
Three (3) Senior Clerks
One (1) Duplicating Machine Operator
|. Office of the Division Presiding Commissioner
Support Staff
One (1) Deputy Executive Clerk of Division
One (1) Executive Secretary V
One (1) Executive Assistant IV
One (1) Executive Assistant Il
Three (3) Attomey V
Four (4) Legal Officer Ill
Three (3) Stenographic Reporters
‘One (1) Interpreter
One (1) Bailiff
One (1) Sheriff
Three (3) Computer Programmers
Three (3) Senior Clerks
Two (2) Private Secretaries
‘One (1) Driver
One (1) Messenger
Clerical and Utility Division
One (1) Senior Clerk
Two (2) Clerk Typists
Two (2) Utility Men
Two (2) Messengers
One (1) Duplicating Machine Operator
Two (2) Security Guards
Land Valuation Division
Four (4) Appraisers
‘One (1) Accountant IV
One (1) Accountant Ill
Two (2) Attorney IV
Three (3) Clerk-Typists
Two (2) Computer Programmers
Ill. Office of the Commissioner
Support Staff
Three (3) Attomey V
One (1) Executive Assistant IV
‘One (1) Executive Assistant I
One (1) Executive Assistant Il
Three (3) Legal Officer I
Two (2) Computer Programmers
Two (2) Stenographers
‘One (1) interpreter
One (1) Sheriff
One (1) Clerk-Typist
One (1) Private Secretary



One (1) Driver
One (1) Messenger
IV. Office of the Provincial Agrarian Reform Adjudicator (PARAD)
Support Staff
‘One (1) Executive Assistant II]
One (1) Executive Assistant Il
One (1) Attorney V
Three (3) Legal Officer I!
One (1) Researcher
One (1) Interpreter
One (1) Bailiff
One (1) Docketing Clerk
‘Two (2) Computer Programmers
One (1) Stenographic Reporter
One (1) Sheriff
Two (2) Senior Clerks
‘One (1) Private Secretary
One (1) Driver
One (1) Messenger
Clerical and Utility Di
‘One (1) Senior Clerks
Two (2) Clerk-Typists
Two (2) Messengers
One (1) Duplicating Machine Operator
Two (2) Security Guards

The Chairman of the Commission shall appoint additional staff and employees of the
Commission and its divisions and Provincial offices as the needs of the Service may require,
Subject to civil service law, rules and regulations, and upgrade their current salaries, betel
‘and other emoluments in accordance with law.

The ‘Chairman, aided by the Executive Clerk of the Commission, shall have
Administrative supervision over the Commission, its divisions, and all its personnel including
the PARADs,

The Commission, when sitting en banc shall be assisted by the same Executive Clerk,
Beputhen acting thru its divisions, by said Executive Clerk fo its first division and four (4) other
Deputy Executive Clerks for the second, third, fourth and fith divisions, respectively. ie the
Performance of similar or equivalent functions and duties as are discharged by the Glo of
Court and Deputy Clerks of Court of the Court of Appeals.

SEC. 7. Jurisdiction of the PARAD. - The PARAD shall have original and exclusive
Jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case
by the parties for decision without extension, even in the absence of stenographic notes, the
following agrarian disputes:

a) The rights and obligations under agrarian reform laws of persons, whether natural or
juridical, engaged in the management, cultivation or use of all agricultural lands
covered under Republic Act No. 6657 and other agrarian reform laws;

') The fixing and collection of lease rentals, disturbance compensation, amortization
Payments, and similar disputes concerning the functions of the Land Bank of the
Philippines (LBP) in the agrarian reform program;

©) Those involving the sale, lease, alienation, foreclosure, pre-emption or redemption of
Agricultural lands covered under Republic Act No. 6657 and other agrarian reform
laws;

4) Petitions for determination of just compensation to be paid to landowners for lands
covered under Republic Act No. 6657 and other agrarian reform laws;

©) Those arising from or connected with membership or representation in compact
farms, farmers’ cooperatives and other registered farmers’ associations or


organizations;

) Those involving the Issuance, correction and cancellation of certificates of land
‘ownership award and emancipation patents which are registered with the Land
Registration Authority; and

9) Such other agrarian cases or disputes arising from or connected with the
implementation of Republic Act No. 6657 and other agrarian reform laws.

SEC. 8. Salaries, Benefits and Certification Requirement. - The Chairman and
other Members of the Commission shall receive an annual salary equivalent to, and the same

‘same allowances and benefits as, those of a judge of a Regional Trial Court.

The Chairman, the Commissioners, and the PARADs shall, before receiving their
salaries, execute a statement under oath that they have complied with the reglementary
Periods prescribed herein for the disposition of cases.

SEC. 9. Proceedings Before the Commission.
8) Notice and Hearing; Restraining Order. - Hearings on petitions for the issuance of
restraining orders or injunctions shall be held after due and personal notice thereof
has been served, in such manner as the Commission shall direct, to all known
Persons against whom relief is sought, and also to the chief executive and other
Public officials of the province or city within which the unlawful acts have been
threatened or committed, charged with the duty to protect complainant's property:
Provided, however, That if the complainant shall also allege that, unless
temporary restraining order shall be issued without notice, a substantial and
imeparable injury to complainants property will be unavoidable, such a temporary
{estraining order may be issued upon testimony under oath, sufficient, if sustained.
to Justify the Commission in issuing a temporary injunction upon hearing after
Police. The temporary restraining order shall be effective for no longer than twenty
(20) days and shall become void at the expiration of said period. Unless otherwise
ordered by the Commission in justifiable cases, no temporary restraining order or
temporary injunction shall be issued except on condition that the complainant shall
Gt file an undertaking with adequate security in an amount to be fixed by the
Commission sufficient to recompense those enjoined for any loss, expense or
damage caused by the improvident or erroneous issuance of such order or
injunction, including all reasonable costs together with reasonable attorney's feos
and expense of defense against the order or against the granting of any injunctive
relief sought in the same proceeding and subsequently denied by the Commission.
The undertaking herein mentioned shall be understood to constitute an
agreement entered into by the complainant and the surety upon which an order
may be rendered in the same suit or proceeding against said complainant and
Surely, upon a hearing to assess damages, or which hearing complainant and
thacly Shall have reasonable notice, the said complainant and surety submitting
themselves to the jurisdiction of the Commission for that purpose: Provided, That
nothing herein contained shall deprive any party having a claim or cause of action
under OF upon such undertaking from electing to pursue his ordinary remedy by
Suit at law: Provided, further, That the reception of evidence for the application of
writ of injunction may be delegated by the Commission to any PARAD who shall
conduct such hearings in such places as he may determine to be accessible to the
Parties and their witnesses and who shall submit thereafter his recommendation to.
the Commission.

) Technical Rules: Not Binding. - The Commission or the PARAD shall not be bound
by technical rules of procedure and evidence prevailing in the regular courts but
shall proceed to hear and decide all cases, disputes or controversies in 2 most
expeditious and objective manner, employing all reasonable means to ascertain


the facts of every case without regard to technicalities of law or procedure.
Towards this end, it shall adopt uniform rules of procedure to achieve a just,
expeditious and inexpensive determination of every action or proceeding before it
and the PARADs. In all proceedings before the PARAD, the use of the local
language or dialect shall be preferred, to enable the farmer-litigants and para-legals
to participate fully.

©) Appearance of Farmer-Leaders and Para-legals. - Responsible farmer leaders and
para-legals shall be allowed to represent themselves, their fellow farmers, or their
organizations, in any proceeding before the Commission or the PARAD. When
there are two (2) or more representatives for any individual or group, the
representatives should choose only one from among themselves to represent such
party or group before any proceeding.

SEC. 10. Appeal. - Declarations, awards, or orders of the PARADs are final and
executory unless appealed to the Commission by any or both parties within fineen (15)
calendar days from receipt of such decisions, awards, or orders. Such appeal may be
entertained only on any of the following grounds:

4) If there is a prima facie evidence of abuse of discretion on the part of the PARAD:

2) I the decision, order or award was secured through fraud or coercion, including graft

and corruption;

3) If made purely on questions of law; and

4) It serious errors on the findings of facts are raised which would cause grave or

irreparable damage or injury to the appellant.

In case of a judgment involving a monetary award, an appeal by the landowner may be
Perfected only upon the posting of a cash or surety bond issued by a reputable bonding

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the
other party who shall file a comment thereon not later than ten (10) calendar days from receipt
thereof.

The Commission shall decide all cases within twenty (20) calendar days from receipt of
the Comment of the appellee. The decision of the Commission shall be final and executory
after fifteen (15) calendar days from receipt thereof by the patties. The losing party may be
allowed only one motion for reconsideration.

SEC. 11. Execution of Decisions, Orders, or Awards. - The Commission ot any
PARAD may, motu proprio on motion of any interested party, issue a wit of execution one
judgment within five (5) years from the date it becomes final and executory, requiring a sherif
or '@ duly deputized officer to execute and enforce final decisions, orders or awards of the
Commission or PARADs. In any case, it shall be the duty of the responsible officer to
immediately separately furnish the parties and their counsel of record with copies ef the
decisions, orders or awards. Failure to comply with the duty prescribed herein shall subject
Such responsible officer to appropriate administrative sanctions.

The Chairman of the Commission may designate special sheriffs and take any
measure under existing laws to ensure compliance with the decisions, orders or awards of the
Commission and PARADs, including the imposition of administrative tines which shail rot be
tess than Five hundred pesos (500.00) nor more than Ten thousand pesos (10,000.00),

SEC. 12. Penalty for Frivolous Appeals. - To discourage frivolous or dilatory appeals
from the decisions or orders of the PARAD, the Commission may impose reasrnable
Penalties, including but not limited to fines or censures upon erring parties and/or their counsel
of record.

SEC. 13. Certification of the BARC. - The PARAD shall not take cognizance of any
agrarian dispute unless a certification from the Barangay Agrarian Reform Committee (BARC)


10

that the dispute has been submitted to it for mediation and conciliation without any success of
Settlement is presented. If no certification is issued by the BARC within thirty (30) days after a
atter or issue is submitted to it for mediation or conciliation the case or dispute may be
brought before the PARAD.

SEC. 14. Certiorari. - Any decision, order, award or ruling of the Commission on any
agrarian dispute or on any matter pertaining to the application, implementation, enforcement,
Or interpretation of Republic Act No. 6657 and other pertinent laws on agrarian reform may be
brought to the Supreme Court on certiorari within fifteen (15) days from receipt of a copy
thereof,

SEC. 15. Personnel. - All PARADs and affected support personnel of the Department
Gt Agrarian Reform Adjudication Board (DARAB) shall continue to hold office and discharge
their functions in a hold-over capacity under the Commission pending appointment or
re-appointment to their respective positions or until their successors shall have been
appointed. Existing Regional Agrarian Reform Adjudicator (RARAD) positions under the
DARAB are deemed abolished and their existing personnel shall also be appointed to any
vacant position to which they may qualify.

SEC. 16. Appropriations. - There is hereby authorized to be appropriated for the
implementation of this Act the sum of One hundred fifty million pesos (P150,000,000.00) to be
included in the budget of the Department of Agrarian Reform (DAR) for’ the ‘intial year of
implementation. Thereafter, such amount as may be needed for the administration and
Operation of the Commission shall be included in the Annual General Appropriations Act.

SEC. 17. Repealing Clause. - All laws, decrees, executive orders, proclamations,
Tules and regulations, or parts thereof inconsistent with this Act are hereby repealed, amencied
or modified accordingly.

SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in at least two (2) national newspapers of general
circulation, whichever comes earlier.

Approved,