ADMINISTRATIVE ORDER NO.

____
Series of 2018

Subject: 2018 RULES FOR AGRARIAN LAW IMPLEMENTATION (ALI) CASES

_____________________________________________________________

Pursuant to Sections 49 and 50 of Republic Act (RA) No. 6657, or the

"Comprehensive Agrarian Reform Law of 1988" (CARL), as amended by RA 9700,
and in order to foster a just, inexpensive, and expeditious determination of agrarian
cases, the following are the Department of Agrarian Reform (DAR) rules governing
the adjudication of cases involving Agrarian Law Implementation (ALI), amending
AO 3, Series of 2017:
RULE I
Preliminary Provisions
Section 1. Title. These Rules shall be known as the "2018 Rules of Procedures
for ALI Cases".
Section 2. ALI Cases. These Rules shall govern all cases arising from or
involving:
2.1 Classification and identification of landholdings for coverage under the
agrarian reform program and the initial issuance of Certificates of Land
Ownership Awards (CLOAs) and Emancipation Patents (EPs), including
protests or oppositions thereto and petitions for lifting of such coverage;
2.2 Identification, inclusion, exclusion, qualification, or disqualification of
potential/actual farmer-beneficiaries;
2.3 Subdivision surveys of land* under Comprehensive Agrarian Reform Program
(CARP);
Conflict of areas of awarded lands to the farmer-beneficiaries
(FBs).
2.4 Recall, or cancellation of provisional lease rentals*, Certificates of Land
Transfer (CLTs) and CARP Beneficiary Certificates (CBCs)** in cases outside
the purview of Presidential Decree (PD) No. 816, including the issuance,
recall, or cancellation of Emancipation Patents (EPs) or Certificates of Land
Ownership Award (CLOAs) not yet registered with the Register of Deeds;
* DARAB jurisdiction
** N/A (We do not issue CBCs anymore)
2.5 Exercise of the right of retention by landowner;

1
2.6 Application for exemption from coverage under Section 10 of RA 6657, as
amended;
2.7 Application for exemption pursuant to Department of Justice (DOJ) Opinion
No. 44 (1990);*
2.8 Exclusion from CARP coverage of agricultural land used for livestock, swine,
and poultry raising;*
*Governed by special ALI rules
2.9 Cases of exemption/exclusion of fishpond and prawn farms from the coverage
of CARP pursuant to RA 7881;
2.10 Issuance of Certificate of Exemption for land subject of Voluntary Offer to Sell
(VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural
purposes;
2.11 Application for CONVERSION of agricultural land to residential, commercial,
industrial, or other non agricultural uses and purposes including protests or
oppositions thereto;
2.12 Disposition of excess area of the tenant's/farmer-beneficiary's landholdings;
2.13 Increase in area of tillage of a farmer-beneficiary;
2.14 Conflict of claims in landed estates administered by DAR and its
predecessors;
2.15 Cases or disputes, arising from the need for continued possession and
installation of agrarian reform beneficiaries;
2.16 Cases or disputes, arising from or regarding the maintenance of possession
or reinstatement of actual tillers not bound by any tenurial relations on
landholdings devoted to agriculture; and *
*Delete (CMU ruling : Squatters cannot benefit from CARP)
Section 4 of CARP and Section 4 Article XIII of the Constitution
2.18 In cases involving revocation of orders or decisions with finality or have been
executed by the DAR, where the reason for exemption has ceased to exist,
failure to develop within the prescribed period in case of Conversion Order, or
misrepresentation of facts.

2.19 Such other agrarian cases, disputes, matters or concerns referred by the
Secretary to the Regional Director, other DAR Officials, or in other cases
where the Secretary assumes jurisdiction.

Section 3. Definition of Terms. — All references in these Rules in the masculine

gender form (he/him/his) shall interchangeably mean the feminine form
(she/her/hers) or may refer to a group (it/it's/their). As used in this AO, the terms
enumerated are defined as follows:

2
3.1. Agricultural land refers to land devoted to or suitable for the cultivation
of the soil; planting of crops, growing of trees, raising of livestock, poultry, fish
or aquaculture production,* (to be omitted) including the harvesting of such
farm products and other farm activities and practices performed in conjunction
with such farming operations by persons whether natural or juridical, and not
classified by law as mineral land, forest or timber, or national park, or classified
for residential, commercial, industrial or other non-agricultural uses before 15
June 1988.

3.2. Area Highly Restricted from Conversion refers to agro-industrial

cropland, or land presently planted to industrial crops that support the
economic viability of existing agricultural infrastructure and agro-based
enterprises; highland or area located at an elevation of 500 meters or higher
and have the potential for growing semi-temperate and/or high value crops;
land covered by a notice of land valuation and acquisition; irrigable land not
covered by irrigation projects with firm funding commitment; and
Environmentally Critical Area and Environmentally Critical Projects as
determined by the Department of Environment and Natural Resources
(DENR).

3.3. Area Non-Negotiable for Conversion refers to agricultural land not

eligible for conversion, such as but not limited to:

4.1. Lands within protected areas designated under the NIPAS,

including mossy and virgin forests, riverbanks, and swamp forests or
marshlands, as determined by the DENR;

4.2. All irrigated lands, as delineated by the DA and/or the National

Irrigation Administration (NIA), where water is available to support rice
and other crop production, and all irrigated lands where water is not
available for rice and other crop production but are within areas
programmed for irrigation facility rehabilitation by the government;

4.3. All irrigable lands already covered by irrigation projects with firm
funding commitments, as delineated by the DA and/or NIA; and

4.4. All agricultural lands with irrigation facilities.

3.4. Comprehensive Land Use Plan refers to a document accompanied by

maps and similar illustrations, which represent the community-desired pattern
of population distribution and proposal for the future allocation of land for
various land use activities. It identifies the allocation, character and extent of

3
the area's land resources to be used for different purposes and includes the
process and the criteria employed in the determination of the land's use.

3.5. Conversion Moratorium refers to the policy enunciated in RA

8435 which prohibits the conversion of irrigated lands, irrigable lands already
covered by irrigation projects with firm funding commitments, and lands with
existing or having the potential for growing high value crops so delineated and
included within the Strategic Agriculture and Fisheries Development Zones for
the period starting 10 February 1998 to 09 February 2003. (to be omitted)

3.6. Environmentally Critical Areas (ECA) refer to areas that are

ecologically, socially, or geologically sensitive as declared by law such as:

3.6.1. Areas declared by law as national parks, watershed reserves,

wildlife preserves and sanctuaries;

3.6.2. Areas identified as potential tourist spots;

3.6.3. Areas that are habitats of endangered or threatened species of

indigenous Philippine plants and animals;

3.6.4. Areas of unique historic, archeological or scientific interest;

3.6.5. Areas traditionally occupied by indigenous people or cultural

communities;

3.6.6. Areas frequently hit by natural calamities (geologic hazards,

floods, typhoons and volcanic activities);

3.6.7. Areas with critical slopes of 18% and above;

3.6.8. Areas classified as prime agricultural lands;

3.6.9. Recharged areas of aquifer;

3.6.10. Water bodies used for domestic supply or to support

fisheries and wildlife;

3.6.11. Mangrove areas with critical ecological functions or on

which people depend for livelihood; or

3.6.12. Coral reefs.

3.7. Environmentally Critical Project (ECP) refers to a:

3.7.1. Heavy industry project involving ferrous metals, iron or steel

mills; petroleum or petro-chemicals, oil, gas, or smelting plants;

4
 3.7.2. Resource extractive project such as major mining and quarrying
project, forestry logging project, major wood processing, introduction of
fauna or exotic animals in public or private forests, forest occupancy,
extraction of mangrove products, grazing, fishery dikes, or fishpond
development;

3.7.3. Major infrastructure project such as dam, power plant (utilizing

fossil-fuel, hydroelectric, geothermal, or nuclear power), reclamation,
bridge, or a major road; or

3.7.4. Golf course project.

3.8. Illegal Conversion is the conversion by any landowner of his

agricultural land into any non-agricultural use without an approved Conversion
Order issued by the DAR. with intent to avoid the application of RA 6657 to his
landholding and to dispossess his tenant farmers of the land tilled by them; (to
be omitted) or the change of nature of lands outside urban centers and city
limits either in whole or in part after the effectivity of RA 6657, as provided in
Section 73 (c) and (e), respectively, of the said Act. (to be omitted)

3.15. Premature Conversion of Agricultural Land refers to the undertaking of

any development activity, while the application for land use conversion is still
pending before the DAR, the result of which may modify or alter the physical
characteristics of the agricultural land as would render it suitable for non-
agricultural purposes without an approved Conversion Order from the DAR.

3.9. Irrigable Land refers to land displaying marked characteristics justifying

the operation of an irrigation system. (cross reference to NIA latest issuance)

3.10. Irrigated Land refers to land serviced by natural irrigation or irrigation

facilities. This includes lands where water is not readily available because
existing irrigation facilities need rehabilitation or upgrading or where irrigation
water is not available year-round. (cross reference to NIA latest issuance)

3.11. Land Use refers to the manner of utilization of land, including its
allocation, development and management.

3.12. Land Use Conversion refers to the act or process of changing the
current physical use of a piece of agricultural land into some other use or for
another agricultural use other than the cultivation of the soil, planting of crops,
growing of trees, including harvesting of produce therefrom, as approved by
DAR.

3.13. National Integrated Protected Areas System (NIPAS) refers to the

classification and administration of all designated protected areas to maintain

5
essential ecological processes and life support systems, to preserve genetic
diversity, to ensure sustainable use of resources found therein, and to
maintain their natural conditions to the greatest extent possible. NIPAS
includes areas designated as initial components of the system under Section 5
(a) of RA 7586 which include all areas or islands in the Philippines proclaimed,
designated or set aside, pursuant to a law, presidential decree, presidential
proclamation or executive order as national park, game refuge, bird and
wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove
reserve, fish sanctuary, natural and historical landmark, protected and
managed landscape/seascape as well as identified virgin forest before the
effectivity of RA 7586; those proclaimed as part of the system in accordance
with the procedure established under the said Act such as strict nature
reserve, natural park, natural monument, wildlife sanctuary, protected
landscapes and seascapes; resource reserve; natural biotic areas; and other
categories established by law, conventions or international agreements
wherein the Philippine Government is a signatory.

3.14. Network of Protected Areas for Agricultural and Agro-Industrial

Development (NPAAAD) refers to agricultural areas identified by the
Department of Agriculture (DA) through the Bureau of Soils and Water
Management in coordination with the National Mapping and Resource
Information Authority, in order to ensure the efficient utilization of land to
agriculture and agro-industrial development and promote sustainable growth.
The NPAAAD covers all irrigated areas, all irrigable lands already covered by
irrigation projects with firm funding commitments; all alluvial plains highly
suitable for agriculture, whether irrigated or not; agro-industrial croplands or
lands presently planted to industrial crops that support the viability of existing
agricultural infrastructure and agro-based enterprises; highland or areas
located at an elevation of five hundred (500) meters or above, which have the
potential for growing semi-temperate and high-value crops; all agricultural
lands that are ecologically fragile, the conversion of which will result in serious
environmental degradation, and mangrove areas and fish sanctuaries; and all
fishery areas as defined pursuant to the Fisheries Code of 1998.

3.16. Prime Agricultural Land refers to land that can be used for various or
specific agricultural activities and can provide optimum and sustainable yield
with minimum inputs and development costs as determined by the DA.

3.17. Private Agricultural Land refers to agricultural land as defined herein

and owned by natural or juridical persons or by the government in its
proprietary capacity.

6
3.18. Project Feasibility Study involves the investigation of the market,
technical, financial, economic, and operational viability of the project.
Specifically, it looks into the alternative technical schemes to attain the
project's objectives including possible size, location, production process, and
physical and financial resource requirements. The study also determines
whether the project would generate sufficient benefits to offset estimated
investment and operating costs. Similarly, it ascertains which of the
alternatives would yield the largest positive return to the economy that would
justify its use of resources. Finally, it seeks the most suitable legal,
administrative and organizational arrangements to ensure that implementation
would proceed as planned and that completed facilities would be properly
maintained and operated.

3.19. Reclassification of Agricultural Land refers to the act of specifying how

agricultural lands shall be utilized for non-agricultural uses such as, residential,
industrial, commercial, as embodied in the land use plan, subject to the
requirements and procedure for land use conversion, undertaken by a Local
Government Unit (LGU) in accordance with Section 20 of RA 7160 and Joint
Housing and Land Use Regulatory Board (HLURB), DAR, DA, and
Department of Interior and Local Government (DILG) MC-54-1995. It also
includes the reversion of non-agricultural lands to agricultural use.

3.20. Socialized Housing refers to housing programs and projects covering

houses and lots or homelots undertaken by the government or the private
sector for the underprivileged and homeless citizens where the maximum cost
per unit does not exceed the maximum amount as prescribed by the Housing
and Urban Development Coordinating Council (HUDCC) and the National
Housing Authority (NHA) which shall include sites and services development,
long-term financing, liberalized terms on interest payments, and such other
benefits in accordance with RA 7279.

3.21. Socio-Economic Benefit-Cost Study involves the assessment of the

project's net contribution to the national economic and social welfare, done
through a comparison of the economic and social benefits expected to be
generated from the project with the social and economic costs of its
implementation and operation.

3.22. Special Economic Zone or Eco Zone refers to selected areas which are
highly developed or which have the potential to be developed into agro-
industrial, tourist, recreational, commercial, banking, investment and financial
centers whose metes and bounds are delimited by Presidential Proclamation.
(Check TIEZA)

7
 3.23. Strategic Agriculture and Fisheries Development Zone (SAFDZ) refer to
the areas within the NPAAAD identified for production, agro-processing and
marketing activities to help develop and modernize, with the support of the
government, the agriculture and fisheries sectors in an environmentally and
socio-culturally sound manner.

3.24. Unauthorized Conversion is the act of changing the use of the

converted land other than that allowed under the Conversion Order issued by
the DAR.

3.25. Watershed refers to a catchment area or drainage basin from which the
waters of a stream or stream system are drawn.

3.26. Zoning is the delineation/division of a city/municipality into functional

zones where only specific land uses are allowed. It directs and regulates the
use of all lands in the community in accordance with an approved or adopted
land use plan for the city/municipality. It prescribes setback provisions,
minimum lot sizes, building heights and bulk.

3.27. Zoning Ordinance refers to a local legislation approving the

comprehensive land use plan and providing for the regulations and other
conditions, on the uses of land including the limitation on the infrastructures
that may be placed thereon within the territorial jurisdiction of a city or
municipality.

Section 3. Construction. In accordance with Section 50 of RA 6657, the DAR

shall not be bound by technical rules of procedure and evidence but shall proceed
to hear and decide all cases, disputes or controversies in a most expeditious
manner, employing all reasonable means to ascertain the facts of every case in
accordance with justice, equity, and the merits of the case. In case of doubt, the
deciding authority shall liberally construe or interpret these Rules in favor of
carrying out the objectives of agrarian reform, to promote a just, expeditious, and
inexpensive determination of agrarian cases. All references in these Rules in the
masculine gender form (he/him/his) shall equally apply to the feminine gender form
(she/her/hers) or group form (it/its/their).
Section 4. Prejudicial Issue. When an ALI case raises a prejudicial issue, such
issue being a DARAB case under Section 3 hereof, the Secretary/Regional
Director shall suspend the case pending resolution of the prejudicial question.
(Conversely, when a case pending before the DARAB or its Adjudicators raises a
prejudicial issue, such issue being an ALI case under Section 2 hereof and falling
within the exclusive jurisdiction of the Secretary/Regional Director, the Adjudicating
Authority shall suspend the case pending the resolution of the prejudicial question
in the proper forum.) – Adir Yu suggested to delete this part and proposed
definition of prejudicial issue.
Section 4 for deletion – No DARAB case is prejudicial to an ALI case.
8
Section 5. Referral of Cases. When a party erroneously files a case under
Section 2 hereof before the DARAB, the receiving official shall refer the case to the
proper DAR office (Regional office concerned) for appropriate action within five (5)
working days after determination that said case is within the jurisdiction of the
Secretary. Likewise, when a party erroneously files a case under Section 3 hereof
before any office other than the DARAB or its adjudicators, the receiving official
shall, within five (5) working days, refer the case to the DARAB or its adjudicators.

RULE II
Jurisdiction over ALI Cases
Section 6. General Jurisdiction.

Section 6.1 The Regional Director shall exercise primary jurisdiction over all
agrarian law implementation cases, except
Section 6.2. Conversion/Exemption (DOJ 44)/Exclusion (Livestock):
Section 6.2.1 The Regional Director, for applications involving lands with an
area less than or equal to five (5) hectares, or a fraction above five (5)
hectares. The Regional Director shall be the approving authority for such
applications; and
Section 6.2.2 The Agrarian Reform Secretary, for applications involving
lands with an area larger than five (5) hectares. The Secretary shall be the
approving authority for such applications and may delegate the same
authority to any Undersecretary, in cases of recusal.
Section 6.2.3. When the application concerns a parcel of land that is adjacent
to another parcel of land that was previously granted a Conversion Order, and
the sum of the areas of both adjoining parcels of land exceeds five (5)
hectares, the approving authority for the present application shall be the
Secretary.

Section 6.2.4. When the applicant owns or represents the owner(s) of two (2)
or more parcels of land within the same barangay or within two (2) or more
barangays that are adjacent to each other, and the sum of the areas of said
parcels of land exceeds five (5) hectares, the approving authority for an
application involving any of said parcels of land shall be the Secretary.

Section 6.2.5. When a single project proposes the conversion of two (2) or
more parcels of land with different owners but within the same barangay or
within two (2) or more barangays that are adjacent to each other, and the sum
of the areas of said parcels of land exceeds five (5) hectares, the approving
authority for an application involving any of said parcels of land shall be the
Secretary.
9
 Section 6.2.6 When the applicant or any oppositor challenges the jurisdiction
of the approving authority on the ground of error in computation of
jurisdictional area, and a higher authority takes cognizance of the dispute, the
DAR approving authority shall hold in abeyance the application for conversion
until the DAR Secretary determines with finality the correct jurisdictional area.

Section 7. Jurisdiction over Protests or Petitions to Lift Coverage. The

Regional Director shall exercise primary jurisdiction over protests against CARP
coverage or petitions to lift notice of coverage. If the ground for the protest or
petition to lift CARP coverage is exemption or exclusion of the subject land from
CARP coverage, the Regional Director shall either resolve the same if he has
jurisdiction, or refer the matter to the Secretary if jurisdiction over the case belongs
to the latter. (to be omitted)
Section 8. Jurisdiction over Land Use Conversions and Exemptions/
Exclusions from CARP Coverage. Separate special rules governing applications
for land use conversion and exemption/exclusion from CARP coverage shall
delineate the jurisdiction of the recommending and approving authorities
thereunder. (to be omitted)
Section 9. Appellate Jurisdiction. The Secretary shall exercise appellate
jurisdiction over all ALI cases, and may delegate the resolution of appeals to any
Undersecretary. (to be omitted)
Section 10. Jurisdiction over Flashpoint Cases. Any certification declaring a
case as "flashpoint" in accordance with the criteria and procedure in DAR
Memorandum Circular (MC) No. 13 [1997] shall not divest any authority from the
DAR official for resolving the case. A flashpoint certification merely serves to
accord utmost priority to the resolution of the case subject thereof.

RULE III
Procedure
Section 11. Applicability. The procedures herein shall generally apply to all ALI
cases, including land use conversion, exemption for DAR clearance under DOJ
Opinion No. 44, and exclusion from CARP Coverage for livestock. except for
specific situations such as applications, except for land use conversion and
exemption/exclusion from CARP coverage which shall be governed by the special
procedures therefore.

Section 12. Commencement of an Action.

12.1 Regular ALI Case - an ALI case involving said land shall commence upon
filing of the initiatory pleading or application to any nearest DAR Office. The
receiving DAR Office shall then forward the case to the DAR Regional Office
(DARRO) concerned.

10
 12.1.1 Commencement at the DAR Regional Office (DARRO) — The
DARRO shall docket the case and transmit the case folder to the
PARPO within five (5) working days from filing, with notice to all
parties. Upon receipt, the PARPO shall, within five (5) working days
and with notice to all parties, transmit the case folder to the MARO
who shall conduct the necessary mediation/conciliation proceedings.
Only the real-party-in-interest may file a protest/opposition or petition
to lift CARP coverage and may only do so within sixty (60) calendar
days from receipt of the notice of coverage; a protesting party who
receives the notice of coverage by newspaper publication shall file
his protest / opposition / petition within sixty (60) calendar days from
publication date; failure to file the same within the period shall merit
outright dismissal of the case.

12.1 Without or prior to issuance of notice of CARP coverage — When the land in
question has never been the subject of a notice of coverage, (to be omitted)
ALI case shall commence upon filing of the initiatory pleading or application
before the Regional Director. or Provincial Agrarian Reform Program Officer
(PARPO).
12.1.1 Commencement at the DAR Regional Office (DARRO) — The
DARRO shall docket the case and transmit the case folder to the
PARPO within five (5) working days from filing, with notice to all
parties. Upon receipt, the PARPO shall, within five (5) working days
and with notice to all parties, transmit the case folder to the MARO
who shall conduct the necessary mediation/conciliation proceedings.
12.1.2 Commencement at the DAR Provincial Office (DARPO) — The
PARPO shall docket the case and submit a case brief to the
Regional Director within five (5) working days, with notice to all
parties. Within the same five (5) working-day period and with notice
to all parties, the PARPO shall transmit the case folder to the
MARPO who shall conduct the necessary mediation/conciliation
proceedings.
12.2 After issuance of notice of coverage — Commencement shall be at the DAR
Provincial Office (DARPO) Municipal Office (DARMO). When the
applicant/petitioner commences the case at any other DAR office, the
receiving office shall transmit the case folder to the DARPO (DARMO) or
proper DAR office in accordance with the pertinent order and/or circular
governing the subject matter. Only the real-party-in-interest may file a
protest/opposition or petition to lift CARP coverage and may only do so within
sixty (60) calendar days from receipt of the notice of coverage; a protesting
party who receives the notice of coverage by newspaper publication shall file
his protest / opposition / petition within sixty (60) calendar days from
publication date; failure to file the same within the period shall merit outright
dismissal of the case.
Section 13. Disclosure Statement. The petitioner shall disclose and certify
under oath, in the petition or its integral annex, that:

11
(a) He is a party-in-interest or properly authorized by a party-in-interest;
(b) He has not commenced and/or is aware of any action or proceeding
involving the same land, or a portion thereof, or issue in any court, tribunal,
or quasi-judicial agency; and to the best of his knowledge, no such action or
proceeding is pending in any court, tribunal, or quasi-judicial agency;
(c) If there is any action or proceeding which is either pending or may have
been terminated, he shall state the status thereof; and
(d) If he thereafter learns that a similar action or proceeding has been filed or is
pending before any court, tribunal, or quasi-judicial agency, he undertakes
to report within five (5) days therefrom to the DAR office where the
cancellation case is pending.
The failure to file the notarized disclosure statement, and/or the commission of acts
constituting forum shopping shall be a ground for dismissal of the cancellation case
without prejudice.
Pursuant to AO 5, 2011, the Oath shall be administered by the Regional Director or
the PARPO.

Section 14. Pauper Litigant. A party who is a farmer, agricultural lessee, share
tenant, farm worker, actual tiller, occupant, collective or cooperative of the
foregoing beneficiaries, or amortizing owner-cultivator, shall allege such fact in a
sworn statement and shall thereafter benefit from the privileges for pauper litigants
without need of further proof. He shall continue to enjoy such privileges in all levels
of the proceedings until finality of the case.
Section 15. Intervention. No intervention shall be given due course unless the
intervenor shows proof that he has a substantial right or interest in the case which
he cannot adequately protect in another case. This notwithstanding, potential
farmer beneficiaries have a substantial right, interest, and legal personality to
intervene. No intervenor shall, however, be allowed to file any motion to
postpone/extend/reset or any pleading which may in any way delay the case which
he seeks to intervene in.
Section 16. Procedure.
16.1 Commencement. Except for applications for land use conversion and
exemption/exclusion from CARP coverage which shall follow separate
special rules, an ALI case shall commence with the filing of the proper
application or initiatory pleading at the DARMO / DARPO / DARRO. In all
instances, the MARO (PARPO) shall notify all tenants, leaseholders,
farmworkers, and occupants of the subject land of the initiation of the case.
Proof of notice to all the persons above-mentioned shall form part of the
records of the case.
16.2 After notifying all parties, the PARPO shall indorse the CF to the MARPO.
The MARPO and Barangay Agrarian Reform Committee (BARC) shall exert
exhaustive efforts for at mediation and conciliation to persuade the parties to
arrive at an amicable settlement or compromise.

12
16.3 The issue of whether or not the land is subject to coverage under PD 27 or
RA 6657 shall not be the subject of compromise.
16.4 If mediation/conciliation fails, the MARPO shall, within five (5) working days
from termination thereof, transmit the case folder to the PARPO with a written
report explaining the reasons for the mediation/conciliation's failure,
furnishing all the parties with a copy of the written report.
16.5 Investigation. The PARPO, or any Investigating Officer or Committee which
he or the Regional Director may designate, shall conduct investigations and
perform whatever is necessary to achieve a just, expeditious, and
inexpensive disposition of the case.
16.6 Record of proceedings. The proceedings shall be recorded by a
stenographer. In the absence of an available stenographer, the Investigating
Officer shall make a written summary of the proceedings, including the
substance of the evidence presented which shall be attested to by the
parties or their counsel and shall form part of the records of the case.
Should any party or counsel refuse to sign, the reason for such refusal shall
be noted therein.

16.7 Ocular Inspection.

16.7.1 After giving all parties reasonable notice of the ocular inspection
schedule, ocular inspection shall proceed with or without the
presence of any party who refuses to cooperate.
16.7.2 The ocular inspection team shall prepare an initial report which all
attending parties and BARC representatives shall sign. If anyone
refuses to sign, the ocular inspection team shall indicate the reason
for such refusal in the initial report.
16.8 Position paper. The investigating officer shall require the parties to
simultaneously submit their respective position papers within 10 days from
receipt of the Order attaching thereto the draft decision together with a soft
copy (in CD or USB) written in any popular word-processing program,
furnishing a copy thereof to all parties.
16.9 Decision. Pursuant to Section 51 of RA 6657, which provides that "any case
or controversy before it shall be decided within thirty (30) days after it is
submitted for resolution", the appropriate authority shall promulgate its
decision within thirty (30) days from receipt of the Investigating Officer's
recommendation.
Section 17. Power to Summon Witnesses and Compel Submission of
Documentary Evidence. The PARO and the RD shall have the power to summon
witnesses, administer oaths, take testimony, require submission of reports, and
compel production of books and documents.
Section 18. Cease And Desist Order. In cases where any party may suffer grave
or irreparable damage, or where the doing or continuance of certain acts will
render the case moot and academic, or where there is a need to maintain peace
and order and prevent injury or loss of life or property, the Secretary (or whoever
the Secretary may designate) may, motu proprio or at the instance of any party,
13
issue a Cease and Desist Order (CDO) to prevent grave and irreparable damage
while awaiting resolution of the case. The Regional Director may exercise the
same authority for matters that are strictly within the confines of his territorial
jurisdiction. In this regard, the issuing authority may request the assistance of law
enforcement agencies to implement the CDO.
Section 19. Power to Cite Direct and Indirect Contempts. The Secretary or the
Regional Director has the power to punish direct and indirect contempts in the
same manner and subject to the same penalties as provided in the Rules of Court
in accordance with Section 17 of EO 229 and Section 50 of RA 6657 as amended
by RA 9700. Any party who fails to comply with the summons, orders or other
issuances pursuant to Sections 19 and 20 of this AO shall be cited in contempt by
the Secretary or the Regional Director.
Section 20. Prohibition Against Restraining Order or Preliminary Injunction.
20.1 Pursuant to Section 55 of RA 6657, as amended by RA 9700, except for the
Supreme Court, no Court shall have jurisdiction to issue any restraining order
or writ of preliminary injunction against the Presidential Agrarian Reform
Council (PARC) or any of its duly authorized or designated agencies, or the
DAR, in any case, dispute or controversy arising from, necessary to, or in
connection with the application, implementation, enforcement, or
interpretation of RA 6657 and other pertinent laws on agrarian reform.
Likewise, pursuant to Section 68 of RA 6657, no injunction, restraining order,
prohibition or mandamus shall be issued by the lower courts against the
DAR, Department of Agriculture, the Department of Environment and Natural
Resources, and the Department of Justice in their implementation of the
Program.
Section 21. Furnishing a Copy of the Decision. The deciding authority shall
furnish a copy of the decision, not only to the parties' counsel/s or representative/s,
but also directly to the parties themselves as well as to the PARPO, MARPO,
BARC, and all other DAR officials who took part in the case or who may take part
in its execution or implementation.
Section 22. Motion for Reconsideration — A party may file only one (1) motion
for reconsideration of the decision of the Regional Director, and may do so only
within a non-extendible period of fifteen (15) calendar days from receipt of the
decision, furnishing a copy of the motion to all other parties. The filing of the motion
interrupts the running of the reglementary period within which to appeal. The
Regional Director shall rule on the motion within thirty (30) days from its filing date.
22.1 If the motion for reconsideration is denied, the movant may perfect an appeal
before the Secretary within a non-extendible period of fifteen (15) days from
receipt of the resolution.
22.2 If the motion for reconsideration is granted, resulting in the reversal of the
original decision, the losing party may perfect an appeal before the Secretary
within a non-extendible period of fifteen (15) days from receipt of the new
decision.
Section 23. Motion for Reconsideration of the Decision or Order of the
Secretary — In cases where the Secretary exercises exclusive original jurisdiction,
a party may file only one (1) motion for reconsideration of the decision of the
14
Secretary, and may do so only within a non-extendible period of fifteen (15)
calendar days from receipt of the decision, furnishing a copy of the motion to all
other parties. The filing of the motion interrupts the running of the reglementary
period within which to appeal.
Maintain Section 23 – observance of due process and exhaustion
of administrative remedies.
23.1 If the motion for reconsideration is denied, the movant may perfect an appeal
before the Secretary within a non-extendible period of fifteen (15) days from
receipt of the resolution.
23.2 If the motion for reconsideration is granted, resulting in the reversal of the
original decision, the losing party may perfect an appeal before the Office of
the President within a within a non-extendible period of fifteen (15) days from
receipt of the new decision.

RULE IV
Appeals to the Secretary
Section 24. Grounds. Appeal shall be given due course on the decision of the
Regional Director on the following grounds:
24.1 Serious errors in the findings of fact or conclusion of law which may cause
grave and irreparable damage or injury to the appellant; or
24.2 Coercion, fraud, or clear graft and corruption in the issuance of a decision.
Section 25. Caption. The caption of all appeals, in addition to the standard lines
indicating the hierarchy of authority (first line: "Republic of the Philippines"; second
line: "Department of Agrarian Reform"; third line: "Office of the Secretary"), shall
likewise specifically address appeals to the "Bureau of Agrarian Legal Assistance"
or "BALA", and refer to the appealing party as the "appellant" and the adverse
party the "appellee". The BALA shall assign a new docket number to each appeal
which shall appear above the old docket number (enclosing the old docket number
inside a parenthesis).
Section 26. When to Appeal. Appeals may be taken within fifteen (15) days from
receipt of the adverse decision pursuant to Section 51 of RA 6657, as amended,
which provides that "any order or ruling or decision shall be final after the lapse of
fifteen (15) days from receipt of a copy thereof".
Section 27. How to File the Appeal. Appeals from the decision of the Regional
Director shall be filed in the same regional office which issued the adverse
decision, a notice of appeal with proof of payment of the requisite appeal fee.
Official cashiers of any DAR office may receive payment of the requisite appeal
fee. The RD shall issue an Order if the appeal is perfected within five (5) days from
the receipt of the said Notice of Appeal. Non-perfection of the appeal within the
reglementary period merits dismissal of the appeal.
Section 28. Appeal Pleadings. The appellant shall submit an appeal brief with
the BALA within ten (10) days from perfection of the appeal, furnishing a copy
thereof to the adverse party and the Regional Director. The appellee may submit a
comment (not a motion to dismiss) within ten (10) days from receipt of the appeal
15
brief, furnishing a copy thereof to the appellant and the Regional Director. If
necessary, the BALA Director may conduct a clarificatory hearing. Ten (10) days
after the termination of the said hearing thereof, the BALA Director may order the
parties to simultaneously file their respective appeal memorandum.
Section 29. Record Transmittal. Upon receipt of the notice of appeal, the
DARRO of origin shall arrange each document therein in chronological order
according to date of receipt (the first-received document in the first page, so on and
so forth, until the last-received document in the last page); inscribe a page number
(by hand or with a paginating device) on each page and every page; and thereafter
the responsible officer at the DARRO shall affix his initials on each and every page.
When for special reasons a particular document in the records requires that it be
free from any form of marking, the pagination and affixing of initials shall be made
only upon photocopies thereof; the originals shall be in separate envelopes while
photocopies thereof shall form part of the main rollo folder. The DARRO shall
prepare a table of contents, which shall be ahead of the first page of the records,
and attach a photocopy of the appeal fee receipt in front of the table of contents.
Within ten (10) days from perfection of the appeal, the DARRO shall transmit the
records and all its accompanying envelopes to the BALA. To enforce compliance
with this Section, the BALA Director may, after due investigation, recommend
disciplinary action against the erring DARRO official, including the Regional
Director when necessary.
Section 30. Appeal Withdrawal. An appeal may be withdrawn by filing with the
BALA a motion to withdraw appeal at any time prior to the promulgation of the
appellate decision, except when the withdrawal is prejudicial to public interest. The
withdrawal may take effect only after the Secretary issues an order approving the
motion to withdraw.

RULE V
Appeals from the Secretary
Section 31. Motion for Reconsideration. A party may file only one (1) motion for
reconsideration of the decision of the Secretary or deciding authority, and may do
so only within a non-extendible period of fifteen (15) days from receipt of the
Secretary's decision, furnishing a copy of the motion to all other parties. The filing
of the motion interrupts the running of the reglementary period within which to
appeal. Upon receipt of the resolution on the motion for reconsideration, the losing
party may elevate the matter to the Office of the President (OP).
Section 32. Appeal. Appeals from the decision of the Secretary may be taken to
the OP within fifteen (15) days from receipt thereof. THE FILING OF AN APPEAL
WITHIN THE PROPER PERIOD DOES NOT STAY EXECUTION OF THE SUBJECT
DECISION. unless the OP orders immediate execution of the DAR decision upon
such terms and conditions that are just and reasonable, pursuant to pertinent
provisions of OP Administrative Order . No. 22, Series of 2011, amending OP
A.O. No. 18 dated 12 February 1987. (Section 50 of RA 6657-Notwithstanding an
appeal to the CA, the decision of the DAR shall be immediately executory)
Section 33. Judicial Review. In cases where the appellant opts to elevate his
appeal directly to a judicial forum, the governing procedure shall be the pertinent
16
provisions of the Rules of Court, until and unless the judicial forum dismisses the
appeal for failure to exhaust administrative remedies.

PRULE VI
Finality and Execution
Section 34. Finality. Orders/decisions/resolutions shall become final and
executory after all parties have received an official copy thereof; after the lapse of
fifteen (15) days from the date of receipt by the last recipient of an official copy
thereof; and there is no motion for reconsideration nor appeal therefrom.
Section 35. Execution. Execution shall issue automatically as a matter of course
upon finality of the case. The Regional Director shall issue the necessary certificate
of finality within five (5) days from date of finality of a case. For cases appealed to
the Secretary that attained finality thereat, the BALA Director shall issue the
necessary certificate of finality within five (5) days from the date of finality. Upon
completion of the certificate of finality, the Regional Director or deciding authority
may, upon motion or motu proprio, issue a writ of execution ordering the MARPO
or appropriate DAR official to enforce the final order / decision / resolution. For this
purpose, the MARO or appropriate DAR official may seek assistance from law
enforcement agencies.

RULE VII
Transitory Provision

Section 36. Transitory. The provisions of this AO shall be applicable to all cases
filed on or after its effectivity.
RULE VIII
Final Provisions

Section 37. Suspension of Rules. The DAR Secretary may suspend the
application of these Rules in order to serve and protect the interest of justice.
Section 38. Access to Case Records. Subject to the provisions of DAR
Memorandum Circular No. 7, Series of 2011, as amended by as MC No. 2, Series
of 2016, the records of a case are public documents.
Section 39. Repealing Clause. This Order modifies or repeals DAR-AO-3-2017
and all other issuances or portions thereof that are inconsistent herewith.
Section 40. Separability Clause. Any judicial pronouncement declaring as
unconstitutional any provision of this Order shall not affect the validity of the other
provisions herein.
Section 41. Effectivity Clause. This Order shall take effect ten (10) days after its
publication in two (2) national newspapers of general circulation, pursuant to
Section 49 of RA 6657.

17
Diliman, Quezon City, ____________ 2018.

ATTY. JOHN R. CASTRICIONES

RAFAEL V. MARIANO
Secretary

18