SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

“IN
[ss RE ECEIVED
< Mau 2013

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodrigut
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1356.

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
tecommendation 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 swom 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.

RUFYS B. RODRIGYEZ

laa

MAXIMO B, RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No.__1356

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. 6857, 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 requiring 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 in
form, 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 (F5,000.00) 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 (F
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 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
oF 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 than upon
the defendant by the granting of relief;

d) 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 III
One (1) Executive Assistant V
Two (2) Executive Assistant IV
Two (2) Executive Assistant III
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 lV
One (1) Accountant III
One (1) Accountant Il
One (1) Accountant |
One (1) Budget Officer IV
One (1) Budget Officer IIIS. No. 1567
One (1) Budget Officer Il
‘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) Attomey VI
Four (4) Attorney V
Six (6) Legal Officer Ill
Three (3) Computer Programmers
Two (2) Stenographic Reporters
Three (3) Senior Clerks

Land Valuation Division
Division Chief
One (1) Attorney V
Four (4) Attorney IV
Three (3) Legal Officer II!
Four (4) Appraisers
One (1) Accountant V
One (1) Accountant IV
Three (3) Computer Programmers
Three (3) Stenographic Reporters
Three (3) Senior Clerks

Legal Research and Information Division
Division Chief
Three (3) Research Attomey V
Five (6) Legal Officer Ill
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 Il
‘Two (2) Human Resource Development Officer II
One (1) Administrative Officer V
‘One (1) Administrative Officer II!
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 Division
Division Chief
Two (2) Records Officer III
One (1) Records Officer II
One (1) Records Officer |
‘One (1) Clerk ttl
One (1) Clerk Il
One (1) Clerk
One (1) Messenger


Legislative Liaison Division
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
Il. 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 II]
Three (3) Attorney V
Four (4) Legal Officer I!
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
erical 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) Attorney V
One (1) Executive Assistant IV
One (1) Executive Assistant Ill
‘One (1) Executive Assistant Il
Three (3) Legal Officer Ill
‘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 III
One (1) Executive Assistant Il
One (1) Attorney V
Three (3) Legal Officer II
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 Division

‘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, benefits 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, and when acting thru its divisions, by said Executive Clerk for
its first division and four (4) other Deputy Executive Clerks for the second, third,
fourth and fifth divisions, respectively, in the performance of similar or
equivalent functions and duties as are discharged by the Clerk 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;
b) The fixing and collection of lease rentals, disturbance compensation,


10

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;

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

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

f) 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
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 allowances and benefits as, those of the
Presiding Justice and Associate Justices of the Court of Appeals, respectively.
The PARAD shall receive an annual salary equivalent to, and the 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
a) 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 a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to
complainant's property will be unavoidable, such a 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. 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 first file an undertaking


1

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 fees 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 surety, upon a hearing to
assess damages, or 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, That 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 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 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.
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-liigants and para-legals to participate fully.

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 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 fifteen (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) If the decision, order or award was secured through fraud or coercion,
including graft and corruption;


12

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 appeliant.

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 company duly accredited by the Commission in
the amount equivalent to the monetary award in the judgment appealed from.

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 parties. The losing party may be allowed only one motion for
reconsideration.

SEC. 11. Execution of Decisions, Orders, or Awards. - The
Commission or any PARAD may, motu proprio on motion of any interested
party, issue a writ of execution on a judgment within five (5) years from the date
it becomes final and executory, requiring a sheriff or a 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 of 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 fines which shall not be less than Five hundred pesos (P500.00)
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 reasonable 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) 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 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 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 of 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 initial 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, rules and regulations, or parts thereof inconsistent with this Act
are hereby repealed, amended 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,