SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No, 4499
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 concer, 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 quaifications 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 adudicators 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.

MAXIMO B. Li JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriquez, Jr.

4499

House Bill No,

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 bane 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
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 (P5,000.00} 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 (F1,000,00) 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 agrerian dispute which, if not restrained or performed forthwith, may
cause grave of imeparable 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 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 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) Attomey VI
Five (5) Legal Officer Il
One (1) Executive Assistant V
Two (2) Executive Assistant IV
Two (2) Executive Assistant II


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 Chlef
One (1) Cashier
One (1) Accountant IV
One (1) Accountant Il}

One (1) Accountant II

One (1) Accountant |

‘One (1) Budget Officer IV

‘One (1) Budget Officer IIIS. No, 1567
‘One (1) Budget Officer I!

‘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

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

Legal and Information Division
Division Chief
Three (3) Research Attorney V
Five (5) Legal Officer It!

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 III
Two (2) Human Resource Development Officer Il
One (1) Administrative Officer V
One (1) Administrative Officer Ill
Three (3) Senior Clerks
Four (4) Computer Programmers
Two (2) Messengerial Aldes
Two (2) Utility Men
‘Two (2) Duplicating Machine Operators
Two (2) Security Guards
Records Division
Division Chief
Two (2) Records Officer Ill
One (1) Records Officer II
One (1) Records Officer |
One (1) Clerk ti
One (1) Clerk I
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
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 Ill
Three (3) Attorney 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
lity Divi
‘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 lV



One (1) Accountant II}
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 I!
Three (3) Legal Officer lil
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 tl
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 ate 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;

¢) 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;

4d) Petitions for determination of just compensation to be paid to landowners for
lands covered under Republic Act No. 6857 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;

1) 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: Resvaining 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
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 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-iitigants 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 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:

3) lf 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.

th all cases, the appellant shall fumish a copy of the memorandum of appeal to


10

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, molu 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 (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
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 (P
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, 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.