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Republic Act No. 6657 (Sections 49 and 50 ) and Executive Order No.

129-A
(Section 34)
JURISDICTION OF THE DARAB: RULE II

SECTION 1. Primary, Original and Appellate jurisdiction.The Agrarian Reform


Adjudication Board shall have primary jurisdiction, both original and appellate, to determine
and adjudicate all agrarian disputes, cases, controversies, and matters or incidents involving
the implementation of the Comprehensive Agrarian Reform program under Republic Act
6657, Executive Order Nos. 229, 228 and 129-A, Republic Act No. 3844, as amended by
Republic Act 6389, Presidential Decree No. 27 and other agrarian laws and their
implementing rules and regulations.

SPECIFICALLY, SUCH JURISDICTION SHALL EXTEND OVER BUT NOT


BE LIMITED TO THE FOLLOWING:

a) Cases involving the rights and obligations of persons engaged in the cultivation
and use of the agricultural land covered by the CARP and other agrarian laws;

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b) Cases involving the sale, alienation, mortgage, foreclosure, pre-emption and


redemption of agricultural lands under the coverage of the CARP or other agrarian
laws;

c) Cases involving the issuance of Certificate of Land Transfer (CLT), Certificate of


Land Ownership Award (CLOA) and Emancipation Patent (EP) and the
administrative correction thereof;

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BARC CERTIFICATION: RULE III

SECTION 1. BARC Certification Requirement.The Board or its Adjuducators shall not


take cognizance of any agrarian dispute or controversy, unless a certification is presented
from the Barangay Agrarian Reform Council (BARC) of the Barangay where the land
involved is located, attesting that the dispute has been submitted to it for mediation or
conciliation without any success of settlement, provided that:

a) The dispute does not fall under any of the exceptions enumerated in the
succeeding section;

b) If the required certification cannot be complied with for valid


reasons like the non-existence or non-organization of the BARC or
the impossibility of convening it, a certification to that effect may be
issued by the proper agrarian reform officer concerned in lieu of the
required certification.

c) In any case, lack of the required certification cannot be made a ground for the
dismissal of the action. Every opportunity shall be given the complainant or
petitioner to secure the same;
d) With or without BARC certification, however, the Board or its
Adjudicators, may resolve and dispose of preliminary incidents related
to the case, such as motions for status quo order, temporary restraining
order, preliminary injunctions and such similar motions necessitating
immediate action.

SECTION 2. Exceptions.

a) where the issue involves the valuation of land to determine just compensation for
its acquisition;

b) where the parties reside in different barangays unless they adjoin


each other, in which case, the matter will be mediated or conciliated
in the Barangay where it is first brought;

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