13th 
Congress of the Republic 
) 
of the Philippines 
1 
First Regular Session 
) 
hv 
S E N A T E  
S. No. 11 
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Introduced by Senator Aquilino Q. imentel JY. 
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EXPLANATORY NO E 
The establishment of the Comprehensive grarian Reform Program 
under Proclamation No. 131, Executive Ord r No. 229, Republic Act 
No. 6657 and other related laws would b incomplete without the 
institution of a system for administrativ adjudication to settle 
controversies arising from the implementatio of the law. 
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Expectedly, a piece of social legislation w f 
ich limits property rights 
and distributes land would generate numer us disputes. To address 
(DARAB) was created under Executive Ordet No. 129-A dated July 26, 
1987. 
this concern, the Department of Agrarian R p m  
+ 
Adjudication Board 
The DARAB affords the disadvantaged agrarian reform beneficiary 
Its 
an expeditious and inexpensive mode of resolving conflict. 
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. 
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Each dihision 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 thereafder to the Supreme Court by a petition for certiorari, unlike 
those of the bARAB which are appealable to the Court of Appeals. 
To ensur e compliance with the reglementary period for deciding 
cases, the bill requires adjudicators to execute sworn statements, 
attesting coknpliance with such period before they can claim their 
salaries. 
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The Cdpirman is authorized to prescribe and approve 
administxa ‘tTe adjudication to support the agrarian reform program of 
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the gover A 
ent. 
For the foregoing reasons, the passage of this bill is earnestly 
sought. 
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13th 
Congress of the Republic 
) 
of the Philippines 
) 
First Regular Session 
) 
Introduced by Senator Aquilino Q. Pimentel Jr. 
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. 


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. Stafl Complement; Administrative Supemision. - The Commission 
shall be complemented by the following staffing pattern: 
I. Office of the Chairman - 
One (1) Executive Clerk of the Commission 
Five (5) Attorney VI 
Five (5) Legal Officer I11 
One (1) Executive Assistant V 
Two (2) Executive Assistant IV 
Two (2) Executive Assistant I11 
Four (4) Computer Programmers 
Three (3) Stenographic Reporters 
One (1) Sheriff 
One (1) Interpreter 
One (1) BaiIiff 
One (1) Docketing Clerk 
Three (3) Senior Clerks 
Two (2) Private Secretaries 
One (1) Driver 
One (1) Messenger 


Division Chief 
One (1) Cashier 
One (1) Accountant IV 
One (1) Accountant I11 
One (1) Accountant I1 
One (1) Accountant I 
One (1) Budget Officer IV 
One (1) Budget Officer 111s. No. 1567 
One (1) Budget Officer I1 
One (1) Budget Officer I 
One (1) Senior Bookkeeper 
One (1) Bookkeeper 
Two (2) Accounting Clerks 
Two (2) Computer Programmers 
Three (3) Senior Clerks 
. . .  
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Division Chief 
Two (2) Attorney VI 
Four (4) Attorney, V 
Six (6) Legal Officer I11 
Three (3) Computer Programmers 
Two (2) Stenographic Reporters 
Three (3) Senior Clerks 
Division Chief 
One (1) Attorney V 
Four (4) Attorney IV 
Three (3) Legal Officer I11 


Four (4) Appraisers 
One (1) Accountant V 
One (1) Accountant IV 
Three (3) Computer Programmers 
Three (3) Stenographic Reporters 
Three (3) Senior Clerks 
. . .  
nd T n f m n n  
Division Chief 
Three (3) Research Attorney V 
Five (5) Legal Officer I11 
Three (3) Technical Assistants 
Two (2) Statisticians 
Two (2) Computer Programmers 
Two (2) Senior Clerks 
One (1) Division Chief 
One (1) Personnel Officer 
Two (2) Human Resource Development Officer I11 
Two (2) Human Resource Development Officer I1 
One (1) Administrative Officer V 
One (1) Administrative Officer 111 
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 
Division Chief 


Two (2) Records Officer 111 
One (1) Records Officer I1 
One (1) Records Officer I 
One (1) Clerk I11 
One (1) Clerk I1 
One (1) Clerk 
One (1) Messenger 
One (I) 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 
11. Office of the Division Presiding Commissioner 
%PF-aff 
One (1) Deputy Executive Clerk of Division 
One (1) Executive Secretary V 
One (1) Executive Assistant IV 
One (1) Executive Assistant 11.1 
Three (3) Attorney V 
Four (4) Legal Officer I11 
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 
. . .  
7 nlX7lflan 
One (1) Senior Clerk 
Two (2) Clerk Typists 
Two (2) Utility Men 
Two (2) Messengers 
One (1) Duplicating Machine Operator 
Two (2) Security Guards 
Four (4) Appraisers 
One (1) Accountant IV 
One (1) Accountant I11 
Two (2) Attorney IV 
Three (3) Clerk-Typists 
Two (2) Computer Programmers 
111, Office of the Commissioner - 
Three (3) Attorney V 
One (1) Executive Assistant IV 
One (1) Executive Assistant 111 
One (1) Executive Assistant I1 
Three (3) Legal Officer I11 
Two (2) Computer Programmers 
Two (2) Stenographers 
One (1) Interpreter 
One (1) Sheriff 
One (1) Clerk-Typist 
One (1) Private Secretary 


IV. 
One (1) Driver 
One (1) Messenger 
Office of the Provincial Agrarian Reform Adjudicator (PARAD) 
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One (1) Executive Assistant I11 
One (1) Executive Assistant I1 
One (1) Attorney V 
Three (3) Legal Officer I11 
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) Senibr Clerks 
One (1) Private Secretary 
One (1) Driver 
One (1) Messenger 
. . .  
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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. 
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The Commission, when s i d g  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, 
amortization payments, and similar disputes concerning the functions of 
the Land Bank of the Philippines (LBP) 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 other 
agrarian reform laws; 


e) Those brising from or connected with membership or representation in 
compact farms, farmers' cooperatives and other registered farmers' 
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associations or organizations; 
f) Those involving the issuance, correction and cancellation of certificates of 
land dwnership 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 
implehentation of Republic Act No. 6657 and other agrarian reform 
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SEC. 8. Salaries, Benefits and Cerhyication Requirement. - The Chairman 
and other Mem$ers of the Commission shall receive an annual salary equivalent 
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to, and the samb 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 exechtive and other public officials of the 
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province or city within which the &lawful acts have been threatened or 
committed, charged with the duty to protect complainant's property: 
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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 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 


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witnesses and who shall submit thereafter his recommendation to the 
Commission. 
b) Technical Rules: Nut 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-litigants 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: 
1) If there is a primpfacie 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; 


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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 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 bhall 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 iherein 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 (5'500.00) 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 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 s m  of One hundred fifty million pesos (F 
150,000,000.00) 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. Eflectivity 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,