THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINES 
First Regular Session 
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S E N A T E  
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S. No. 
Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
The establishment of the Comprehensive Agrarian Reform Program 
(CARP) under Proclamation No. 131 , Executive Order No. 229, Republic Act No. 
6657 and other related laws would not have been complete without the 
establishment of a system for administrative adjudication to settle controversies 
arising from the implementation of the laws. 
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. This quasi-judicial body 
has primary jurisdiction of hearing and determining all agrarian disputes except. 
those pertaining to the determination of just compensation and resolution of 
criminal offenses arising from the implementation of agrarian laws. 
The DARAB affords the disadvantaged agrarian reform beneficiary an 
Its proceedings are 
expeditious and inexpensive mode of resolving conflict. 
summary in nature and non-adversarial in character. 
The DARAB is under the Office of the Secretary of Agrarian Reform and is 
composed of seven (7) members. Four (4) of them are from the Department of 
Agrarian Reform (DAR) serving in an ex-officio capacity, namely: the Secretary 
as Chairman, the Assistant Secretary for Legal Affairs as Vice-chairman, and the 
Undersecretaries for External Affairs and for Finance Management and 
Administration, respectively, as members. The rest are regular members, who 
are appointed by the President. 
It has been observed that the top officials of DAR sitting as members of 
DARAB, decide on matters involving the performance of their duties done in a 
different capacity. The impartiality of DARAB has been questioned due to this 
arrangement. 
In addition, the DARAB budget is incorporated in the budget of the Office 
of the DAR Secretary. Aside from being inadequate, its budget is subject to 
DAR’s allocation as approved by Congress. 


This bill seeks to remedy the situation by creating an independent body, to 
be known as the National Agrarian Reform Adjudication Commission (NARAC). 
It shall be composed of a Chairman and eleven (I I) 
Commissioners, who are all 
appointed by the President upon recommendation of the DAR Secretary. 
The NARAC shall have jurisdiction over all agrarian reform disputes. It 
sits en banc only for the purposes of promulgating rules of procedure and 
formulating policies. Its adjudicatory functions are exercised through four (4) 
divisions, which act independently of each other. 
Each division has Provincial Agrarian Reform Adjudicators (PARADs), 
which have exclusive and 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 main objective of this bill is to improve administrative adjudication to 
support the agrarian reform program of the government. In view of the foregoing, 
the approval of this bill is earnestly requested. 
, w- 
SERGIO OSMENA I l l  
Senator 


THIRTEENTH CONGRESS OF THE REPUBLI 
1 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
S. No. 
Introduced by Senator S. R. OsmeAa 111 
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: 
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S ECTlO N 
1. 
The 
National Agrarian 
Reform Adjudication 
2 Commission: Creation, Composition and Jurisdiction. -- There shall be 
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created a National Agrarian Reform Adjudication Commission, hereinafter known 
4 as the Commission, to be composed of a chairman and eleven (11) members. 
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There shall be established a provincial office of the Commission in each province 
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of the country, to be headed by a Provincial Agrarian Reform Adjudicator 
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(PARAD). The Commission shall be attached to the Department of Agrarian 
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Reform (DAR) for program and policy coordination only. 
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The Cornmission may sit en banc or in four (4) divisions, each composed 
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of three (3) members. 
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The Commission shall sit en banc only for purposes of promulgating rules 
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and regulations governing the hearing and disposition of cases before any of its 
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divisions and the PARADs, and formulating policies affecting its administration 
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and operations. 


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The Commission shall exercise its adjudicatory and all other powers, 
functions, and duties, through its divisions. The first and second divisions shall 
handle cases coming from Luzon and the third and fourth divisions shall handle 
cases from Visayas and Mindanao, respectively. The divisions shall have 
exclusive appellate jurisdiction over cases decided by the PARAD within their 
respective territorial jurisdiction. 
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The Chairman shall be the presiding Commissioner of the first division and 
shall designate the presiding commissioners of the other divisions. In case of 
effective absence or incapability 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 ofthe Commission. - The Cornmission shall have 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 
functions and such rules and regulations necessary to carry out the purposes of 
this Act: 
2. To administer oaths, summon the parties to a controversy, issue 
subpoenas requiring the attendance and testimony of witnesses of 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 in pursuance of this Act; 
3. To conduct investigation for the determination of a question, matter or 
controversy within its jurisdiction, proceed to hear and determine the dispute 


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even in the absence of any party thereto who has been summoned or served 
2 with notice to appear, conduct its proceedings, or any part thereof in public or in 
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private, adjourn its hearings to any time and place, refer technical matters to an 
4 expert and to accept his report as evidence after hearing of the parties upon due 
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notice, direct parties to be joined or excluded from the proceedings, correct, 
6 amend or waive any error, defect or irregularity, whether in substance or in form, 
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give all such directions as it may deem necessary or expedient in the 
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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 
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or where further proceedings by the Commission are not necessary or desirable; 
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4. To hold any person in contempt directly or indirectly and impose 
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appropriate penalties therefore in accordance with law. 
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A person guilty of misbehaviour in the presence of or so near the 
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Chairman or any member of the Commission or any PARAD as to obstruct or 
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interrupt the proceedings before the same, including disrespect toward said 
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officials, offensive conduct toward others, or refusal to be sworn or to answer as 
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a witness or to describe to any affidavit or deposition when lawfully required to do 
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so, maybe summarily adjudged in direct contempt by said officials and punished 
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by a fine not exceeding Five thousand pesos (5,000.00) 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 (P1,OOO.OO) or 
imprisonment not exceeding one (1) day, or both if it before the PARAD. 
The person adjudged in direct contempt by a PARAD may appeal to the 
Commission and the execution of the judgement 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 and perform the judgement of the Commission 
should the appeal be decided against him. Judgement of the Commission on 
direct contempt is immediately executory and unappealable. ' Indirect shall be 
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dealt with by the Commission or the PARAD in the manner prescribed under 
Rule 71 of the Revised Rules of Court; and 
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 party or render ineffectual any decision in favor of 
such party: 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; 
(c) That as to each item of relief to be granted, greater injury will be 
inflicted upon the complainant by the denial of relief that upon the defendant by 
the granting of relief; 
(d) That complainant has no adequate remedy at law; and 
(e) That public officers charged with duty to protect complainants property 
are unable or unwilling to furnish adequate protection. 
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SEC. 3. Manner of Voting. - The concurrence of two (2) Commissioners 
of a division shall be necessary for the pronouncement of a judgement or 
resolution. Whenever the required membership in a division is not complete and 


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the concurrence of two (2) Commissioners to arrive at a judgement 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 Commission 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 and second 
divisions shall have their offices in Metropolitan Manila, and the third and fourth 
divisions, in the cities of Cebu and Cagayan de Oro, respectively. 
The Chairman and other Commissioners shall be members of the 
Philippine Bar and must have been engaged in the practioe of law in the. 
Philippines for at least fifteen (15) years, with at least five (5) years if 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 
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 than 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 behaviour 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. 


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SEC. 5 . Appointment, Qualifications; Oath and Term of Office- The 
Chairman and other Commissioners shall be appointed by the President upon 
recommendation of the Secretary of the Agrarian Reform'. The PARADs shall be 
appointed by the Chairman subject to Civil Service laws, rules and regulations. 
The Chairman and 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 like wise be member 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 
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 than 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. 
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The Chairman, the Commissioners and the PARADs shall hold office 
during good behaviour 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. Structure and Staffing Pattern. - The organizational framework 
and staffing pattern of the Commission shall be prescribed and approved by the 
Chairman and the Department of Budget and Management and the authorized 
positions created herein shall be filled by regular appointment by the President or 
the Chairman as the case may be:, Provided, That in the filling of positions 
created, the individuals should comply with the qualifications standards set by the 
Civil Service Commission for the positions they shall be appointed to. 


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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; 
b) The fixing and collection of lease rentals, disturbance compensation, 
amortization payments, and similar disputes concerning the functions of the Land 
Bank of the Philippines (LDP) in the agrarian reform program; 
c) 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; 
d) Petitions for determination of just compensation to be paid to 
landowners for lands covered under Republic Act No. 6657 and agrarian reform 
laws: 
e) Those arising from or connected with membership or representation in 
compact farms, farmers’ cooperative and other registered farmer’s associations 
or organizations; 
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9 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 
g) Such other agrarian cases or disputes arising from or connected with 
implementation of Republic Act No. 6657 and other agrarian reform laws. 
SEC. 8. 
Salaries, Benefits and Certification Requirements- The 
salaries of the Chairman, the other members of the Commission and the 
Provincial Agrarian Reform Adjudicators (PARADs), shall be subject to Revised 


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Compensation and Position Classification Systems and shall be comparable to 
that being received by equivalent positions in the judiciary. 
The Chairman, Commissioners and the PARADs shall, ‘before receivihg * 
their salaries, execute a statement under oath that they have complied with 
reglamentary periods prescribed herein for the disposition of cases. 
SEC. 
9. 
Proceedings Before fhe Commission. - a) Notice and 
Hearing; Retraining Order.- Hearings on petitions for the issuance of restraining 
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 whim 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 complaint’s property: 
Provided, however, That if the complainant shall also alleged that, unless a 
temporary restraining order shall be issued without notice, a substantial and 
irreparable injury to complainant’s property will be unavoidable, such as 
temporary restraining order may be issued upon testimony under oath, sufficient, 
if sustained, to justify the Commission in issuing a temporary injunction upon 
hearing after notice. The temporary restraining order shall be effective for no 
longer than twenty (20) days and shall become void at the expiration of said 
period. The Commission however, may extend the effectivity of the temporary 
restraining for another twenty (20) days on substantial and reasonable grounds. 
Unless otherwise ordered by the Commission in justifiable cases, no temporary 
restraining order or temporary injunction shall be issued except on condition that 
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the complainant shall first 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 fee and expense of defense against the order or against 


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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 
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surety, upon a hearing to assess damages, of which hearing complainant and 
surety shall have reasonable notice, the said complainant and surety submitting 
themselves to the jurisdiction of the Commission for that purpose: Provided, 
nothing herein contained, shall deprive any party having a claim or cause of 
action under or 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 a 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. 
b) Technical Rules; Not Binding- The Commission or the PARADs 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 a most expeditious and objective manner, employing all 
reasonable means to ascertain the facts of every case without regard to 
technicalities of law or procedure. Toward this end, it shall adopt a 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 in such proceedings. 
c) 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 proceedings before the Commission or the 


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PARAD: 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 proceedings. 
SEC. 10. Appeal. - Decisions, awards, or orders of the PARADs are final 
and executory unless appealed to the Commission by any or both parties within 
fifteen ( I  5) calendar days from receipt of such decisions, awards, or orders. Such 
appeal may be entertained only on any of the following grounds: 
1. If there is a prima facie evidence of abuse of discretion on the part of 
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the PARAD; 
2. If 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. If serious errors on the findings of facts are raised which would cause 
grave or irreparable damage or injury to the appellant. 
In case of judgement 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 company duly accredited by the Commission in 
the amount equivalent to the monetary award in the judgement appealed from. 
In all cases, the appellant shall furnish a copy of memorandum of appeal 
to the other party who shall file a comment not later than ( I O )  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 parties. The losing party may be allowed one motion for reconsideration. 
SEC. 
11. 
Execution of Decisions, Orders or Awards. - The 
Commission or any PARAD may, motu proprio or on motion of any interested 
party, issue a writ of executio'n on a judgement within five (5) years from the date' 
it becomes final and executory, requiring a sheriff or a duly deputized officers to 


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execute and enforce final decision, orders or awards. Failure to comply with the 
duty prescribed herein shall subject such responsible officer to appropriate 
administrative sanctions. 
The Chair 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 fines which shall not be less than Five hundred pesos (500.00) nor 
more than Ten thousand pesos (P10,OOO.OO). 
SEC. 12. Penalty for Frivolous Appeals. - To discourage frivolous or 
dilatory appeals from the decisions or order of the PARAD, the Commission may 
impose reasonable penalties, including but limited to fines or censures upon 
erring parties. 
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SEC. 13. Certification of the Barangay Agrarian Reform Committee 
(BARC). - The PARAD shall not take cognizance of any agrarian dispute 
unless a certification from the Barangay Agrarian Reform Committee (BARC) that 
the dispute has been submitted to it for mediation and conciliation without any 
success of settlement is presented: Provided, however, That if no certification is 
issued by the BARC within thirty (30) days after a matter 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 agrarfan reform may be brought to the 
Supreme Court on certiorari within fifteen (15) days from receipt of a copy 
the reo f . 
Notwithstanding an appeal to the Supreme Court, the decision of the 
Commission shall be immediately executory, except when the decision orders 
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the ejectment or non-reinstatement of a tenant, farmer or farm worker from the 
land he has been cultivating. 
The findings of fact of the Commissioner or the PARAB shall be final and 
conclusive if based on substantial evidence. 
SEC. 15* No Resfraining Order or Preliminary lnjuncfion - No court 
of the Philippines shall have jurisdiction to issue any restraining order or writ of 
preliminary injunction against the Commission or the PARAD or any of their duly 
authorized or designated agencies in any case, dispute or controversy arising 
from, necessary to or in connection with the application, implementation, 
enforcement, or interpretation of Republic Act No. 6657 and other pertinent laws 
on agrarian reform. 
SEC. 16. Referral of Harassment Cases. - No court or tribunal shall 
take cognizance of any ejectment case or other cases designed to harass or 
remove a tenant from an agricultural land. If any such cases are filed, .these. 
cases shall first be referred to the Commission or PARAD for adjudication of any 
agrarjan dispute between the parties. If the Commission or PARAD finds that the 
case is a proper case for the court or tribunal to hear, he shall so certify and such 
court or tribunal may assume jurisdiction over the case. 
SEC. 17. Transitory Provision. - All case pending in court prior to the 
effectivity of this Act, arising from or in connection with the implementation of 
Republic Act No. 6657 and other agrarian reform laws, shall continue to be 
heard, tried and decide into their finality. 
All cases pending in the Agrarian Reform adjudication Board, which was 
created under Section 13 of Executive Order No. 129-A, and all records, 
equipment, facilities and other asset of said Board shall be transferred to the 
Commission upon the effectivity of this Act. 
All PARADs and affected support personnel of the Department of Agrarian 
Reform Adjudication Board (DARAB) shall continue to hold office and discharge 
their functions in a hold over capacity under the Commission pending 


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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. 18. Appropriafions. - The amount necessary to carry out the 
provision of this Act shall be included in the General Appropriations Act of the 
year following its enactment into law and thereafter. 
SEC. 
19. 
Repealing Clause- All laws, decrees, executive orders, 
proclamations, rules and regulations or parts thereof inconsistent with this Act 
are hereby repealed, amended or modified accordingly. 
SEC. 
20. Effecfivify. - This Act shall take effect fifteen (15) days 
following its complete publication in two (2) national newspapers of general 
circulation. 
Approved, 
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