Republic of the Philippines

Bangsamoro Autonomous Region in Muslim Mindanao

MINISTRY OF AGRICULTURE, FISHERIES, AND AGRARIAN REFORM
Bangsamoro Government Center, Gov. Gutierrez Ave., Rosary Heights VII, Cotabato City, 9600

THE 2024 BANGSAMORO AGRARIAN REFORM ADJUDICATION BOARD

(BARAB) RULES OF PROCEDURE

RULE I. General Provisions

SECTION 1. Title. - These Rules shall be known as "The 2024 Bangsamoro Agrarian
Reform Adjudication Board (BARAB) Rules of Procedure."

SECTION 2. Construction. - These Rules shall be liberally construed to carry out the
objectives of the Agrarian Reform Program and to promote the just, expeditious, and
inexpensive adjudication and settlement of agrarian cases, disputes, or controversies.

All references to the Board in these Rules shall refer specifically to the Board in the
Regional Office of the Ministry of Agriculture, Fisheries, and Agrarian Reform having original
or appellate jurisdiction over agrarian disputes, as the case may be, while references to the
Adjudicator specifically refers to the Provincial Agrarian Reform Adjudicator (PARAD).

SECTION 3. Technical Rules Not Applicable. - The Board and Adjudicator shall not be
bound by technical rules of procedure and evidence as prescribed in the Rules of Court but
shall proceed to hear and decide all agrarian cases, disputes, or controversies in a most
expeditious manner, employing all reasonable means to ascertain the facts of every case in
accordance with justice and equity.

SECTION 4. Doubts To Be Resolved In Favor Of The Beneficiary. – Any reasonable

doubt in the interpretation of these Rules, as well as in the interpretation of contracts and
stipulations between the contending parties, shall be resolved in favor of the beneficiary,
potential beneficiary, tenant farmer, farmworker, agricultural lessee, farmers' cooperative,
association, or organization.

SECTION 5. Online Procedure - The Board or the Adjudicator may motu proprio, or the
party/ies, through initiatory pleading/motion submit the case for electronic proceedings. Such
a procedure is herein incorporated as "Annex-A".

At any stage, the party/ies availing the electronic proceedings shall indicate expressly
in the Complaint, Petition, or by proper motion their intention to avail the same.

The Board or the Adjudicator shall rule either by granting or denying the prayer or
motion of the party/ies availing the electronic proceedings, as well as the objection, if any,
within a reasonable period.

RULE II. Jurisdiction of the Board and PARAD

SECTION 6. Original and Exclusive Jurisdiction of the Board. -The Board shall have
original and exclusive jurisdiction on the following cases:

a. The administrative determination of just compensation of lands acquired under

applicable agrarian laws, subject to the jurisdictional amount under Rule XIX, Section
105 of this Rule;

b. Annulment of judgment of the PARAD under Section 10 of this Rule; and

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c. Such other Agrarian Reform cases, disputes, matters, or concerns referred by the MAFAR
Minister or the Chief Minister.

SECTION 7. Primary, Exclusive and Original Jurisdiction of the Provincial Adjudicator.

The PARAD shall have primary, exclusive, and original jurisdiction to determine and adjudicate all
agrarian disputes and agrarian matters, including but not limited to the following:

a. The rights and obligations of persons, whether natural or juridical, engaged in the
management, cultivation, and use of all agricultural lands covered by the Republic Act
(R.A.) No. 6657, as amended, and other related agrarian laws;

b. The administrative determination of just compensation of lands acquired under

applicable agrarian laws, subject to the jurisdictional amount under Rule XIX, Section 105
of this Rule;

c. Annulment or rescission of Lease Contracts, or Deeds of Sale, or their amendments

involving lands under the administration and disposition of the MAFAR or Land Bank
of the Philippines (LBP), and the amendment of titles pertaining to agricultural lands
under the administration and disposition of the MAFAR and LBP; as well as Emancipation
Patents (EPs) issued under Presidential Decree (P.D.) No. 266, Homestead Patents, Free
Patents, and miscellaneous sales patents to settlers in settlement and re-settlement areas
under the administration and disposition of the DAR;

d. Ejectment of agricultural lessees/share tenants;

e. Pre-emption and redemption of agricultural lands under R.A. 3844, as amended;

f. Correction of entries of registered Emancipation Patent (EP), Certificates of Land

Ownership Award (CLOAs), or other titles issued under any Agrarian Reform Program
without affecting substantial rights of other interested persons, except error in the
technical description in the EPs and CLOAs;

g. Re-issuance of Owner's Duplicate Copy of EPs, CLOAs, or other titles issued and registered
with the Land Registration Authority (LRA) under any Agrarian Reform Program;

h. Determination of tenancy relationship;

i. Review and fixing of leasehold rentals/determination and payment of disturbance

compensation;

j. Collection of amortization payments, foreclosure, and similar disputes concerning the

functions of the Land Bank of the Philippines (LBP) and payments for lands awarded
under P.D. No. 27, R.A. No. 3844, as amended, and R.A. No. 6657, as amended, and
other related laws, decrees, orders, instructions, rules, and regulations;

k. Boundary disputes involving land covered by the Comprehensive Agrarian Reform

Program (CARP) and other agrarian laws, lands under the administration and
disposition of the MAFAR and the LBP, and those lands transferred, distributed,
and/or sold to Agrarian Reform Beneficiaries (ARBs) and are covered by Deeds of
Sale, Patents, and Certificates of Title;

l. Those cases previously falling under the original and exclusive jurisdiction of the
defunct Court of Agrarian Relations under Section 12 of P.D. No. 946, except those
cases falling under the proper courts or other quasi-judicial bodies;
m. Such other agrarian cases, disputes, matters, or concerns referred by the Board or
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the Minister of MAFAR.

Those the PARAD cannot be handled on account of inhibition, disqualification, transfer,

retirement, resignation, or when the PARAD is on official leave for at least fifteen (15) days, or when
there is no PARAD designated, the Board shall assign the case to any of the PARADs within the
region.

SECTION 8. Appellate Jurisdiction of the Board. - The Board shall have exclusive
appellate jurisdiction to review Decisions, Resolutions, and Final Orders of the PARAD.

The Board shall have appellate jurisdiction over the preliminary determination of Land
Valuation cases resolved by the PARAD.

No Interlocutory Order of the PARAD on any issue, question, matter, or incident raised
before them shall be elevated on appeal to the Board.

SECTION 9. Annulment of Judgment of PARAD. Annulment of the final judgment of

PARAD shall be initiated by filing a verified petition with the Board, attaching certified copies of the
assailed decision, resolution, or final order, and alleging with particularity the facts and the law
relied upon for the said annulment.

The annulment shall be based only on grounds of extrinsic fraud, denial of due process,
and lack of jurisdiction. If based on extrinsic fraud, the action must be filed within three
(3) years from its discovery. If based on denial or gross violation of due process and lack of
jurisdiction, the action is imprescriptible unless it is barred by laches or estoppel.

SECTION 10. Contents of the Petition for Annulment of Judgment. - The Petition shall
consist of two (2) legible copies, together with sufficient copies corresponding to the number of
Respondents. A certified true copy of the Decision, Resolution, or Final Order shall be attached to
the original copy of the Petition intended for the Board and indicated as such by the Petitioner.

The Petition shall be accompanied by affidavits of witnesses or documents supporting

the cause of action and a Certificate of non-forum shopping in accordance with Rule IV,
Section 19 of this Rule.

The Board shall give due course to the Petition and require the Respondent(s) to
submit a Comment on the Petition within ten (10) days from receipt.

The Board may motu proprio dismiss, without prejudice, the Petition for annulment of
judgment of PARAD if any of the requirements under this section is not complied with.

SECTION 11. Prejudicial Issue. - If there exists a prejudicial issue involving an Agrarian
Law Implementation (ALI) case filed before the PARAD, the same, upon motion, shall be dismissed
without prejudice.

A Prejudicial issue is defined as one that arises in a case, the resolution of which is a
logical antecedent of the issue involved and the jurisdiction over which pertains to the Office of
the Minister (OMin).

SECTION 12. Adjudicatory Power to Dispense Compulsory Process. - The Board and
the PARAD are empowered to summon witnesses, administer oaths, require answers to
interrogatories, and issue subpoena duces tecum, writ of possession, writ of execution, writ of
demolition, and other writs to enforce its Orders and Decisions through their Sheriffs or duly
deputized officer/employee.
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For this purpose, whenever necessary, the Board or the PARAD shall direct the Philippine
National Police (PNP), the Armed Forces of the Philippines (AFP), or any of their component units
or other law enforcement agencies to assist in the enforcement and execution of their Decisions,
Resolutions, Final Orders, Writs, and other processes.

RULE III. Mediation or Conciliation at Barangay Level

SECTION 13. Barangay Agrarian Reform Committee (BARC) Certification. -The PARAD
shall not take cognizance of any agrarian case, dispute, or controversy unless a certification is
presented from the BARC of the barangay where the land involved is located or the MAFAR
Municipal Officer (MMO) to the effect that the dispute has been submitted to it for mediation or
conciliation without any success or settlement, except that the said certification is not necessary in
the following cases:

a. Where the issue involves the valuation of land to determine just compensation for its
acquisition.

b. Where one party is a public or private corporation, partnership, association, or juridical

person, or a public officer or employee, and the dispute relates to the performance of his
official functions.

c. Where the Minister or the Chief Minister directly refers the matter to the Board.

SECTION 14. Referral to BARC. - If the filing of the Complaint or Petition is not accompanied
by the required BARC Certification, the same shall be referred to the BARC or MMO or Agrarian
Reform Program of the barangay where the land is located, as stated in the complaint through the
Chief Legal of the province, directing:

a. The BARC to conduct mediation/conciliation proceedings by requiring the parties to

submit their supporting documents and to return the matter to the Adjudicator with a
report of the result of the proceedings, together with the complete records submitted
before it, within thirty (30) days from receipt of the Complaint or Petition: or

b. In case of non-existence of the BARC or its inability to convene for that purpose, the MMO
shall certify the non-existence or inability of the BARC and conduct
mediation/conciliation proceeding within 30 days from receipt of referral. The Provincial
Director shall certify the settlement or non-settlement of the case and shall refer the
matter back to the Adjudicator with the report of the result of the proceeding within ten
days (10) days from termination of the mediation/conciliation proceeding.

SECTION 15. Report of Settlement at the BARC to the PARAD - If the case is referred
by the PARAD, and the same is settled at the BARC level, the results shall be contained in a Report
to be submitted to the Adjudicator who referred the matter within ten (10) days from the
termination of the proceedings before the BARC, whose Report shall be the basis for the rendition
of judgment of the case before the PARAD.

SECTION 16. Land or Parties in Two (2) Barangays. - Where the land in dispute
straddles two or more barangays or the parties involved reside in different barangays, the BARC of
the barangay where the larger portion of the property lies shall have the authority to conduct
mediation or conciliation proceedings under these Rules unless for convenience and accessibility
and upon agreement of the parties such proceedings should be held in another barangay within the
Municipality or adjacent Municipality where the land in dispute is located.
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SECTION 17. Certification of Non-settlement. - If the BARC or MMO is unable to settle

the dispute within twenty (20) days, it shall return the case to the PARAD of origin with a
Certification of Non-settlement, furnishing a copy to the parties within 10 days from termination of
the proceedings.

SECTION 18. Special Rules on Mediation and Conciliation. - The mediation and
conciliation proceedings at the BARC and MAFAR Municipal Office shall be in accordance with the
DAR Rules and Procedures Governing Mediation/Conciliation of Agrarian Disputes by the BARC
pending the issuance thereof.

RULE IV. Commencement of Action, Venue, and Cause of Action

SECTION 19. Complaint or Petition. - An action shall be initiated by filing a verified

Complaint or Petition with the Board or the PARAD in the Province where the land involved
is located.

It shall also include the affidavit(s) of witnesses and documentary evidence, if any. The
Complaint or Petition shall be duly signed by the Complainant or Petitioner, or his counsel,
or by one who can show a Special Power of Attorney to represent the Complainant or
Petitioner.

It shall state the area of the land involved and the Barangay where the land is located,
or if the land is located in two (2) or more barangays, the barangay where the larger portion of
the land is located.

The Complaint or Petition shall state the name, residence, and complete mailing address
of the Complainant or Petitioner and that of the Respondent, the facts constituting the cause of
action, and the relief being sought.

Two (2) copies of the Complaint or Petition and its annexes or attachments,
and as many copies required to be served upon each of the Respondents, shall be filed.

The original or certified true copy of the annexes or attachments shall be attached to the
principal copy of the Complaint or Petition which shall form part of the principal case folder
and shall be indicated as such by the Complainant or Petitioner.

It shall be signed under oath by the Complainant/Petitioner, with an attached certificate

of non-forum shopping. The failure to file the required certificate and/or the commission of
acts constituting forum shopping, shall be a ground for dismissal of the case without prejudice.

SECTION 20. Amendment of and Supplement to Complaint or Petition. - The

Complaint or Petition may be amended or supplemented at any time before a responsive
pleading is served.

After the responsive pleadings have been served, amendments or the filing of supplemental
pleadings may be allowed at any stage of the proceedings, but before the rendition of judgment only
upon motion and with leave of the Board or the PARAD furnishing copies to the adverse party.

The motion to amend shall indicate the amendment sought to be admitted. In case of a
supplemental pleading, it shall set forth the transactions, occurrences, or events that happened
since the date of the pleading sought to be supplemented.
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SECTION 21. Venue.

a. All actions shall be brought before the Board or the PARAD of the Province where the
subject land is located.

b. If the land is located or found in two or more provinces, the action shall be brought
before the Adjudicator concerned where the larger portion of the land lies, unless for
convenience or accessibility and upon agreement of all parties and upon approval of the
Board, the venue shall be with the Province as approved by the Board.

c. However, upon motion, for compelling reasons by either of the parties that may best
serve the interest of agrarian justice, the hearing of the case may be changed or
transferred to another place within or outside the Province by order of the Board,
respectively.

RULE V. Parties and Caption

SECTION 22. Parties-in-Interest. - Every agrarian case must be initiated and defended
in the name of the real party-in-interest. All parties having an interest in the matter shall be joined
either as Complainant/Petitioner or Respondent/s.

If an additional Respondent is impleaded in a later pleading, the action with regard to him
is commenced on the date of the filing of such pleading.

Whenever a party to a pending action before the Board or the PARAD dies, it shall be the
duty of the heirs and/or his/her counsel to inform the Board/Adjudicator within ten (10) days
after such fact of death and to give the name/s and address/s of the deceased legal heir/s or
representative/s.

The heirs of the deceased may be allowed to substitute the deceased without requiring the
appointment of an executor or administrator.
The Board or the PARAD shall order said legal representative or representatives to appear
and substitute the deceased within a period of three (3) days from notice.

SECTION 23. Pauper Litigant. - A party, who is an agricultural lessee, tenant, or

farmworker, as alleged and applied for in a sworn Complaint or Motion, shall be entitled to the rights
and privileges of a pauper litigant under these Rules without further proof. He shall continue to
enjoy such status as a pauper litigant at all levels of adjudication until the case is terminated.

SECTION 24. Association or Corporation. - When two or more persons associated in any
business transact such business under a common name, whether it comprises the name of such
persons or not, the associates may ·sue or be sued under such common name.

Persons associated with businesses that are sued under a common name must all be
named individually in the answer filed by them or on their behalf stating their business
address.

SECTION 25. Alternative Respondents. - Where the Complainant or the Petitioner is

uncertain against who of several persons he is entitled to relief, he may join any or all of them
as Respondents in the alternative, although a right to relief against one may be inconsistent
with a right to relief against the other.
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SECTION 26. Unknown Identity or Name of Respondents. - Whenever the identity or

name of a Respondent is unknown, he may be sued as the unknown party using such
designation as the case may require. When his identity or true name is discovered, the pleading
must be amended accordingly.

SECTION 27. Entity without Juridical Personality as Respondents. - When two or

more persons not organized as an entity with juridical personality enter a transaction, they
may be sued under the name by which they are generally or commonly known.

In the answer of such Respondents, the names and addresses of the persons composing
the said entity must all be revealed.

RULE VI. Filing and Service of Pleadings, Motions and Judgments

SECTION 28. Manner of Filing. – The filing of pleadings, appearances, motions, and
other board submissions shall be made by:

a. Submitting personally the original thereof, plainly indicated as such, to the Clerk of
Adjudicator;

b. Through registered mail;

c. Licensed courier service;

d. Electronic mail or electronic means as may be authorized by the Board or Adjudicator

in places where the Board is electronically equipped.

Unless with leave of the Board or Adjudicator, the following pleadings, orders,
and other documents may not be filed through electronic means:

d.1. Initiatory Pleadings and initial responsive pleadings, such as an answer;

d.2. Subpoena and writs;

d.3. Appendices and exhibits to motions or other documents that are not readily
amenable to electronic scanning; and

d.4. Sealed and confidential documents or records.

The party filing the pleading subsequent to the Complaint shall serve the opposing party
with a copy in the manner provided in these Rules, and proof of such service shall be filed
with the records of the case.

SECTION 29. Manner of Service. - Pleadings, motions, notices, orders, judgments, and other
board or court submissions shall be served personally or by registered mail, licensed courier,
electronic mail, or other electronic mail as may be authorized by the Board or Adjudicator.

Notices and copies of Decisions, Resolutions, or Orders shall be served personally as far
as practicable or by registered mail or accredited courier service upon the parties, counsels,
or authorized representatives. Notices may also be served electronically through mobile phone
calls, short messaging service (SMS), or instant messaging (IM) software applications. The consent
to and chosen mode of electronic service and notice shall be indicated in the Petition/ Complaint or
Answer, as the case may be. A notice to the counsel is deemed a notice to the party.
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SECTION 30. Service upon Associations. - When persons associated in businesses are
sued under a common name, service may be effected upon all the Respondents by serving upon
any one of them, or upon the person in charge of the office or place of business maintained
in its common name. However, such service shall not individually bind any person whose
connection with the association has, upon due notice, been severed before the action is
brought.

SECTION 31. Service upon Private Domestic Juridical Entities. - If the Respondent
is a corporation, partnership, association, or cooperative organized and registered under
Philippine laws with a juridical personality, service may be made, in the alternative, on the
president, managing partner, general manager, corporate secretary, treasurer, in-house
counsel, or a competent person in charge of the office.

SECTION 32. Service upon Public Corporation. - When the Respondent is the Republic
of the Philippines or the Bangsamoro Government, service may be effected on the Solicitor General’s
office or the Bangsamoro Attorney General Office, respectively. In the case of a province, city,
municipality, or other public corporations, service may be effected by its local chief executive or on
such other officer as the law, the Board, or the Adjudicator may direct.

SECTION 33. Proof of Completeness of Service. - Personal Service is completed upon

actual delivery. Service by registered mail or licensed courier is completed upon receipt by the
addressee, his counsel, or by his duly authorized representative or agent. The Registry Return Card
(RRC) is prima facie proof of the facts indicated.

Electronic service is complete at the time the electronic notification of service of the
document is sent. However, it is not complete if the party serving the document learns that it did
not reach the addressee or the person to be served.

SECTION 34. Substituted Service. - If the service of Pleadings, Motions, Notices, Decisions,
Resolutions, Orders, and other papers cannot be made under the preceding sections, the office and
place of residence of the party or representative on record or the counsel, being unknown, service
may be made by delivering the copy to the Clerk of the Adjudicator or the Board through the Board
Secretary, with proof of failure of both personal service and service by mail. The service is complete
at the time of such delivery.

RULE VII. Summons, Notices, Decisions, Resolutions, Orders and

Submission of Evidence

SECTION 35. Issuance of Summons, Time to Answer, and Submission of Evidence.

- If the Complaint or Petition is filed together with the BARC or Provincial Director Certification
and the affidavit of witnesses, with the PARAD, as required in Rule III of these Rules, or upon the
return of the Complaint or Petition referred to the BARC or MMO in accordance with the said Rule
III, the corresponding Summons shall be issued by the Clerk of the Adjudicator, attaching a copy of
such Complaint, Petition, Affidavit, and documentary evidence, if any.

The Summons shall direct the Respondent/s to file an Answer to the Complaint or Petition
or submit Affidavits and other documentary evidence, if any, within a non-extendible period of ten
(10) days from receipt, furnishing a copy to the Complainant or the Petitioner.

The Summons and all other notices to be issued by the Board or the PARAD shall be written
in English, or in Filipino, or another local dialect.

SECTION 36. Return of Service. - The Sheriff or other designated officer who personally
served the Summons, Notices, Decisions, Resolutions, or Orders shall submit his return within three
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(3) days from the date of his service, stating the name of the person served and the date of receipt
of the same or if no service was effected, the serving officer shall state the reasons.
SECTION 37. Manner of Service of Summons. - The Summons, together with the
attached copy of the Complaint, Petition, Affidavit, and documentary evidence, if any, shall be
served personally by the Sheriff or any MAFAR personnel deputized by the Board or the PARAD
issuing the Summons to the Respondent within three (3) days from the filing or from date of receipt
if filing is done by registered mail or licensed courier service, as the case may be. If the Respondent
cannot be served within a reasonable time as provided in the preceding paragraph, service
may be effected:

a. By leaving copies of the Summons at the Respondent's residence with some person of
suitable age and discretion residing therein; or

b. By leaving the copies at the Respondent's office or regular place of business with some
competent person in charge. A competent person includes, but is not limited to, one who
customarily receives correspondences for the Respondent.

In case the Respondent/s' whereabouts are unknown and cannot be ascertained by

diligent inquiry, service may be effected upon him by publication in a newspaper of general
circulation, and in such places and for such time as the Board or the Adjudicator may order.
However, if publication is effected pursuant to this Rule, only the Notice of Summons and
Notice of Hearing shall be published, and not the entire Complaint or Petition. Publication,
coupled with registered mail or license courier service, shall be served to the last known
address of the Respondent.

SECTION 38. Answer Required. The Respondent must file a sworn Answer to the
Complaint or Petition by responding with admissions or specific denials of each and every
allegation in the Complaint or Petition, or if this cannot be done, by averring lack of sufficient
knowledge, which will be deemed as a specific denial.

An Answer must be accompanied by the affidavit(s) of the Respondent's witnesses and

documentary evidence. The Answer may include a counterclaim or cross-claim for damages,
attorney's fees, or litigation expenses.

The Respondent shall raise his affirmative defenses in his Answer on the following
grounds:

a. Prescription;

b. Lack of jurisdiction;

c. Failure to state a cause of action;

d. Improper venue; or

e. There is another action pending between the same parties for the same cause or
where the cause of action is barred by a prior judgment.

The Board or Adjudicator shall motu proprio resolve the above affirmative defenses within
15 days from the filing of the Answer.

SECTION 39. Time to Answer. - The Respondent is given a non-extendible period of

ten (10) days upon receipt of summons within which to file the Answer or Comment.
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SECTION 40. Amendment of the Pleadings. - The Complaint or Petition may be

amended as a matter of right before a responsive pleading is filed. Thereafter, amendments
may be filed with leave upon Motion by the Complainant or Petitioner, together with the
amended Complaint or Petition with notice to the adverse party, but before the rendition of
judgment.

If the Motion is granted, a new copy of the entire amended Complaint or Petition shall
be served to the Respondent.

SECTION 41. Answer to Amended Pleadings. - The Respondent may file his
amended Answer to the amended Complaint or Petition within ten (10) days from receipt,
furnishing a copy to the Complainant or Petitioner.

The Answer to the Complaint or Petition shall serve as the Answer to the amended
pleadings if no new Answer is filed.

SECTION 42. No Default upon Failure to Answer. - No declaration of default shall be made
or judgment by default be rendered when the Respondent fails to file an Answer.

The Complainant or Petitioner must proceed to prove his case, and the Respondent shall
be allowed to participate in subsequent proceedings.

SECTION 43. Order upon Receipt of Answer or Lapse of Period to Answer. -

Within three (3) days from receipt of the Answer or from the lapse of the ten (10) day period
to file an Answer, without any Answer having been filed, the Board or the Adjudicator shall
immediately issue an Order setting the case for preliminary conference.

SECTION 44. Contents of Affidavits. - The Affidavits required to be submitted under

this Rule shall be sworn, stating only facts of direct personal knowledge of the affiants and
shall show their competence to testify to the matters stated and in compliance with Section 3 of
A.M. No. 12-8-8-SC or the Judicial Affidavit Rule.

A violation of this requirement shall be a cause to expunge the inadmissible affidavit or

portion from the record.

RULE VIII. Appearances

SECTION 45. Appearance. - A lawyer appearing for a party is presumed to be properly

authorized for that purpose. In every case, the Attorney's Roll Number, PTR, IBP Number for the
current year, and MCLE compliance shall be indicated in the lawyer's pleadings and motions.

A non-lawyer may appear before the Board or any of the Adjudicators if:

a. He/she represents himself/herself as a party to the case.

b. He represents his farmer's organization or members, provided that he shall present proof
of authority from the organization or its members or such authority duly signed by the
Chief Executive Officer, President, Head, or Chair of the organization.

c. He/she is a law student who has successfully completed his third year of the regular
four-year prescribed law curriculum and is enrolled in a recognized law school's clinical
legal education program approved by the Supreme Court. His appearance pursuant to
this Rule shall be under the direct supervision and control of a member of the IBP duly-
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accredited by the law school. Any and all pleadings, motions, memoranda, or other
papers to be filed must be signed by the supervising attorney for and on behalf of the
legal aid clinic.

d. He/She is a MAFAR legal officer. For this purpose, the MAFAR legal officer must have the
authority and be under the direct supervision and control of the Chief Legal Division. Any
and all Pleadings, Motions, Memoranda, or other papers to be filed must be signed by the
Chief Legal Division.

SECTION 46. Assignment of Counsel de officio. - A party appearing without counsel

or represented by a non-lawyer may be assigned a counsel de officio from the MAFAR Legal Services
or a member of the Bar to act as such counsel de officio.

SECTION 47. Authority to Bind Party. - Counsel and/or representatives of parties, without
a special power of attorney, cannot enter into a compromise agreement with the opposing party
when a full or partial discharge of a client's interest is made.

RULE IX. Preliminary Conference

SECTION 48. Preliminary Conference. - After the Answer has been served and filed, or
upon receipt of the BARC Certification or Provincial Director Certification of non-settlement in
instances when the case was referred to the BARC or MMO for mediation/conciliation, the Board or
the Adjudicator shall proceed with the Preliminary Conference within fifteen (15) days.

SECTION 49. Notice of Preliminary Conference. - The Notice of the Preliminary

Conference shall be served upon the representative or counsel of record or the party himself if he
has no representative or counsel of record.

SECTION 50. Appearance of Parties. - It shall be the duty of parties and their counsel
or their authorized representative, if any, to appear at the preliminary conference.

During the Preliminary Conference, the counsel or his representative cannot, without the
written authority or express consent of his client, enter an amicable settlement, submit to
alternative modes of dispute resolution, or enter into stipulations or admissions of facts or
documents.

SECTION 51. Effect of Failure to Appear. - In the event the Respondent or his counsel
fails to appear at the preliminary conference, the Board or the Adjudicator shall, within fifteen (15)
days from the date of the scheduled conference, render a Decision adjudicating the Complainant's
or Petitioner's claims.

In the event the Complainant or Petitioner fails to appear at the preliminary conference, the
Board or the Adjudicator shall dismiss the Complaint or Petition and render a Decision adjudicating
the Respondent's counterclaim, as may be warranted.

However, the Board or the Adjudicator may set aside a judgment rendered under this Section
if, within ten (10) days from receipt of a copy of the judgment, the party concerned files a motion
with prior notice to the adverse party that his failure to appear at the preliminary conference was
due to fraud, accident, or other justifiable reason. A fine of not less than One Thousand Pesos (PhP
1,000.00) may be imposed for the non-appearance of the party or his counsel.

SECTION 52. Amicable Settlement through Alternative Disputes Resolution (ADR).

During the preliminary conference and at any stage of the proceedings, the Board or the Adjudicator
shall exert all efforts for the amicable settlement of the case through the facilities of the ADR.
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If the parties arrive at any settlement, the same shall be reduced into writing in a
language or dialect known to and spoken by the parties and signed under oath by them before the
Board or the Adjudicator.

If a Compromise Agreement is entered by the parties in a manner other than as specified

above, the Board or the Adjudicator may set the case for a hearing for the purpose of determining
the authenticity and due execution before approving it.

The settlement shall be approved after the Board or the Adjudicator is satisfied that it was
voluntarily entered into by the parties, and the same is not contrary to relevant laws, rules, and
regulations, and after having explained to them the terms and conditions.

The judgment approving the compromise agreement shall have the effect of a judgment on
the case, which shall immediately be final and executory.

In all cases where the beneficiaries, tenant-farmers, or farmworkers are not assisted by a
private counsel, the Board or the Adjudicator shall coordinate with the MAFAR Legal Services to
ensure that the said parties shall be assisted by a counsel de officio in arriving at a settlement.

RULE X. Proceedings before the Adjudicator

SECTION 53. Nature of Proceedings. - The proceedings before the Adjudicator shall be
summary and non-litigious in nature. Subject to the requirements of due process, the technicalities
of law and procedures under the Rules of Court shall not apply.

SECTION 54. Role of the Adjudicator in the Proceedings. - The Adjudicator shall
personally conduct the hearing and take full control of the proceedings. He may examine the
parties and witnesses freely with respect to the matters at issue and shall limit the right of the
parties or their counsels to ask questions only for the purpose of clarifying the points of law at
issue or of facts involved in the case. He shall also limit the presentation of evidence by the
contending parties only to matters relevant and material to the issues and necessary for a
just, expeditious, and inexpensive disposition of the case.

SECTION 55. Orders or Resolutions during the Hearing of the Case. - The Order or
Resolution of the Adjudicator on any issue, question, matter, or incident raised before him shall
be valid and effective until the hearing of the case shall have been terminated and resolved on
the merits.

SECTION 56. Submission of Verified Position Papers. - In case the parties fail to
arrive at an amicable settlement of the case or the Adjudicator denies the compromise
agreement, the Adjudicator shall issue an order directing the parties and their counsels to
simultaneously submit their respective verified position papers within a non-extendible
period of fifteen (15) days from receipt of the Order.

SECTION 57. Conduct of Hearing. - Within five (5) days from receipt of the verified
Position Papers from the parties, the Adjudicator may conduct a hearing for the purpose of
clarifying points of law or facts involved in the case. Upon termination of the hearing, the case
or incident shall be deemed submitted for decision or resolution.

SECTION 58. Record of Proceedings. - The proceedings before the Adjudicator shall be
recorded by a Stenographer or any designated MAFAR employee. In the absence of an available
Stenographer, the Adjudicator shall make a written summary of the proceedings, including the
substance of the evidence presented which shall be attested by the parties or their counsel and shall
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form part of the records of the case. If any of the parties or counsel refuses to sign, the reason for
such refusal shall be noted.

SECTION 59. When a Case is Deemed Submitted for Resolution. - The case is deemed
submitted for resolution after the filing of the verified Position Papers or after the lapse of the period
to file, or after the clarificatory hearing shall have been concluded by the Adjudicator.

SECTION 60. Inhibition. - The Adjudicator may voluntarily inhibit himself/herself from
the case and shall state in writing the grounds relied upon. Any motion for inhibition shall be
resolved within five (5) days from its filing. An Order denying or granting a motion for inhibition is
not appealable.

SECTION 61. Period to Render the Decision. - The Adjudicator shall render judgment
of the case within thirty (30) days after it is deemed submitted for resolution.

SECTION 62. Award and Damages. -The Board or the Adjudicator may award
actual, compensatory, exemplary, moral damages, and attorney's fees.

SECTION 63. Finality of Judgment. - Unless appealed, the Decision, Resolution, or Final
Order disposing the case on the merits shall be final after the lapse of fifteen (15) days from
receipt of a copy by the party or their representatives or their respective counsels. However,
notice to the counsel is notice to the party.

SECTION 64. Motion for Reconsideration. - Within fifteen (15) days from receipt of
the Decision, Resolution, or Final Order of the Board or the Adjudicator, a party may move for
reconsideration of such Decision, Resolution, or Final Order on the grounds that:

a. The findings of fact in the said Decision, Resolution, or Final Order are not supported
by substantial evidence; or

b. The conclusions stated are contrary to law and/or jurisprudence.

The Motion for Reconsideration shall be filed together with proof of service of a copy
upon the prevailing party.

The filing of a Motion for Reconsideration shall interrupt the period to perfect an Appeal. If
the Motion is denied, the aggrieved party shall have a fresh period of fifteen (15) days reckoned
from the receipt of the Notice of the Resolution of denial to appeal.

RULE XI. Motions in General

SECTION 65. Motion Defined - A Motion is an application for relief other than a
pleading.

SECTION 66. Form. - All Motions shall be in writing, except those made in the course
of a hearing or trial.

SECTION 67. Contents. - A Motion shall state the relief sought and the grounds upon
which it is based, and if necessary, shall be accompanied by supporting affidavits and
documents with notice of hearing.
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SECTION 68. Notice. - A copy of the Motion, together with copies of supporting
affidavits or documents, shall be served by the Movant upon the opposing party or their
representative or their respective counsels at least three (3) days before the hearing.

SECTION 69. Proof of Service. - The Board or the Adjudicator may only act on Motion
with proof of service.

SECTION 70. Expeditious Resolution of Motions. - All Motions shall be resolved

within 15 days from its submission for resolution.

An Interlocutory Order shall not be appealable.

In cases where the Motion to Dismiss is filed on the grounds of prescription, lack of
jurisdiction, failure to state a cause of action, improper venue, or when there is another action
pending between the same parties for the same cause or where the cause of action is barred by
a prior judgment, said Motion shall be resolved by the Board or the Adjudicator within thirty
(30) days after the receipt of the comment from the Petitioner.

SECTION 71. Prohibited Motions. - The following Motions are prohibited:

a. Motion to declare respondent in default or for a judgment in default.

b. All other Motions filed before an Answer, except Motions to Dismiss on the ground of
prescription, lack of jurisdiction or failure to state a cause of action, improper venue, or
when there is another action pending between the same parties for the same cause or
where the cause of action is barred by a prior judgment.

c. Motion for extension of time to file an Answer, Appeal, or Motion for Reconsideration.

d. Second Motion for Reconsideration by the same party.

RULE XII. Intervention

SECTION 72. Who May Intervene. - A person, who has a legal interest on the matter
in litigation, or in the success of either of the parties or an interest against both, or has a substantial
right or interest in the subject matter of the case before the Board or the Adjudicator may be
allowed to intervene in the case by filing a pleading-in-intervention.

SECTION 73. Time to Intervene. - A person desiring to intervene may, before judgment by
the Board or the Adjudicator, file a Motion for Leave to Intervene, attaching the pleading-in-
intervention with notice upon all the parties to the action.

In allowing or disallowing a Motion for Leave to Intervene, the Board or the Adjudicator
shall consider if the intervention will unduly delay or prejudice the adjudication of the rights of the
original parties or if the Intervenor's right may be fully protected in a separate proceeding.

SECTION 74. Answer-in-Intervention. - The Answer-in-Intervention shall be filed within

ten (10) days from notice of the order allowing the intervention.

RULE XIII. Decisions, Resolutions, and Final Orders

SECTION 75. Decisions, Resolutions, and Final Orders. - The Decisions, Resolutions,
and Final Orders of the Adjudicator shall be in writing, prepared and signed by him, and filed with
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the Clerk of Adjudicator. It shall clearly and distinctly state the findings of fact and specify the
evidence and the law or jurisprudence upon which it is based.

The Decisions, Resolutions, and Final Orders of the Board shall be in writing, prepared by
the Board Member to whom it is assigned, signed by the majority Members of the Board, and filed
with the Board Secretary.

SECTION 76. Promulgation. - After the Decision, Resolution, or Final Order is signed by the
Board or the Adjudicator, the same shall be filed with the Board Secretary or Clerk of the
Adjudicator, respectively, who shall indicate the date and hour of promulgation.

SECTION 77. Service of Decisions, Resolutions, or Final Orders. - Upon promulgation of

the Decision, Resolution, or Final Order, the Board Secretary or the Clerk of the Adjudicator, as
the case may be, shall immediately cause copies of the same to be served upon the parties or their
representatives or their respective counsels.

The notice of the Decisions, Resolutions, or Final Orders of the Board and the Adjudicator
shall be served in the manner provided under Rule VI, Section 28.

All notices of Decisions, Resolutions, or Final Orders shall be written in English or in

Filipino or another local dialect.

SECTION 78. Entry of Decisions, Resolutions, and Final Orders. - If no Appeal or

Motion for Reconsideration is filed within the time provided in these Rules, the Decisions,
Resolutions, and Final Orders of the Board or the Adjudicator shall be entered in the Book of
Entries of Decisions, Resolutions, and Final Orders by the Office of the Board Secretary or Clerk
of the Adjudicator, respectively.

The Office of the Board Secretary and the Clerks of the Adjudicator shall maintain a Book
of Entries of Decisions, Resolutions, and Final Orders, which shall contain the case title, date of
the promulgation, date of finality, the dispositive portion, and shall be signed by the designated
officer in the office of the Board Secretary or the Clerk of the Adjudicator, as the case may be,
with a certification that such Decisions, Resolutions, and Final Orders have become final and
executory.

RULE XIV. Appeals

SECTION 79. Appeal to the Board. - An Appeal may be taken to the Board from a
Decision, Resolution, and Final Order of the Adjudicator that completely disposes of the case
by either or both of the parties within a period of fifteen (15) days from receipt of the
Decisions, Resolutions, or Final Orders appealed from or of the denial of the Motion for
Reconsideration by:

a. Filing a Notice of Appeal together with the Appellant's Memorandum with the
Adjudicator who rendered the Decision, Resolution, or Final Order appealed from
with proofs of service of the Notice of Appeal and Appellant's Memorandum to the
prevailing party and payment of appeal fee.

b. Furnishing copies of the Notice of Appeal and Appellant's Memorandum to the

prevailing party or their representative and respective counsels.

c. Paying an appeal fee of Two Thousand Pesos (PhP 2,000.00) to the MAFAR Cashier
where the Office of the Adjudicator is situated or through postal money order payable
to the MAFAR Cashier where the Office of the Board or the PARAD is situated at the
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option of the aggrieved party.

A pauper litigant, as defined by Rule V Section 23, shall be exempted from the payment
of the appeal fee.

Non- compliance with the foregoing shall be a ground for dismissal of the Appeal.

SECTION 80. Grounds. -The aggrieved party may appeal to the Board from a Final Order,
Resolution, or Decision of the Adjudicator on any of the following grounds:

a. Errors in the findings of fact or conclusions of law were committed, which, if not
corrected, would cause grave and irreparable damage or injury to the Appellant.

b. The Order, Resolution, or Decision was obtained through fraud or coercion.

SECTION 81. Notice of Appeal. - The Notice of Appeal shall:

a. Be filed with the Adjudicator concerned in three (3) sets of legible copies.

b. Indicate the parties to the Appeal.

c. Specify and attach the certified true copy of the appealed Decision, Resolution, or
Final Order.

d. Attach proof of payment of the appeal fee unless exempted.

e. State the material dates showing the timeliness of the Appeal.

SECTION 82. Perfection of Appeal. - An Appeal is deemed perfected upon

compliance with Section 79 of this Rule.

If the Appeal is perfected, the Adjudicator shall, within five (5) days from receipt of the
Notice of Appeal and Appellant's Memorandum, issue an Order stating that the Appeal is
perfected in accordance with the Rules and direct the Appellee to file a Memorandum to
the Board through the Board Secretary within ten (10) days from receipt of the Order. If the
Appeal is not perfected, the Adjudicator shall issue an Order denying the Appeal, within five
(5) days from receipt of such Appeal.

SECTION 83. Motions after Perfection of the Appeal and Transmittal of Records
on Appeal. - Any Motion filed with the Adjudicator, after the perfection of the Appeal and
before the elevation of the case records to the Board, must be resolved by the Adjudicator
concerned, and shall form part of the records on appeal to be forwarded to the Board. A
copy of the Motion shall be furnished to the opposing party or their representative or their
respective counsels.

The Adjudicator concerned shall, within ten (10) days from issuance of the Order
declaring the Appeal perfected, directs the transmittal of the Appeal to the Board, together
with the complete records of the case, furnishing the parties with copies of the transmittal
letter.

The records of the case shall contain, among others, a Table of Contents, the original
case folder containing all pleadings filed in chronological order as they were filed, which shall
all be numbered consecutively and initialed by the Adjudicator or the Clerk of the Adjudicator
on each and every page.
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The Adjudicator concerned shall retain, maintain, and protect the second copy of the
case folder which shall serve as backup files of the original.

SECTION 84. Docketing of Cases. - Upon receipt and proper evaluation of the case records
on Appeal, the Office of the Board Secretariat shall docket the case within the day.

SECTION 85. Caption. - In all cases appealed to the Board, the Title shall remain as it was
before the Adjudication, but the party appealing shall be referred to as the "Appellant" and the
prevailing party the "Appellee".

SECTION 86. Frivolous or Dilatory Appeal. - To discourage frivolous or dilatory appeals,

the Board may impose reasonable penalties, such as a fine not less than One Thousand Pesos (PhP
1,000.00), reprimand, or censure upon erring party/s and counsel.

SECTION 87. Withdrawal of Appeal. - An Appeal may be withdrawn at any time prior to
the promulgation of the Decision, Resolution, or Final Order, except when public interest is
prejudiced. Immediately upon approval of the withdrawal of an Appeal, the case shall stand as if no
appeal had ever been taken.

SECTION 88. When Appeal is Deemed Submitted for Resolution. - The Appeal shall be
deemed submitted for resolution upon receipt of the records on appeal and the Appellee's
Memorandum or after the lapse of the period within which to file the same unless there is a need to
conduct a hearing for clarification.

At its option, the Board may direct or Order the parties to file a Comment within ten (10)
days or conduct clarificatory hearings within ten (10) days from receipt by the concerned Board
Member.

SECTION 89. Period to Decide Appeal. - The Board shall render judgment on appeal
within sixty (60) days after the case is deemed submitted for resolution.

SECTION 90. Finality of Decisions, Resolutions, and Final Orders. - Without a

Motion for Reconsideration or a judicial appeal being filed, the Decisions, Resolutions, and
Final Orders of the Board shall become final after the lapse of fifteen (15) days from its receipt
by the parties or their representatives or their respective counsels.

For purposes of appeal, the period shall be counted from receipt of such Decisions,
Resolutions, or Final Orders by the counsel, party/ies, or representative on record. Due notice
to the counsel is deemed a notice to the party.

If service by publication is resorted to, the Decision, Resolution, and Final Order shall
become final after the lapse of sixty (60) days from the date of complete publication.

RULE XV. Judicial Remedies

SECTION 91. Ordinary Appeal to the Court of Appeals. - Any Decision, Resolution,
or Final Order of the Board involving questions of fact and law or mixed questions of fact and
law shall be brought on appeal by way of Petition for Review within fifteen (15) days from
receipt of a copy by the counsel or party in accordance with Rule 43 of the Rules of Court.

SECTION 92. No Restraining Order or Preliminary Injunction. - Except for the

Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining
order or writ of preliminary injunction against the Board or the Adjudicator, in any case,
dispute or controversy arising from, necessary to, or in connection with the application,
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implementation, enforcement or interpretation of the Comprehensive Agrarian Reform Law

and other pertinent laws on Agrarian Reform and regulations promulgated thereunder
pursuant to Section 55, Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700.

RULE XVI. Relief from Decision, Resolution, or Final Order

SECTION 93. Petition for Relief from Decision, Resolution or Final Order. - When a
Decision, Resolution, or Final Order is rendered by the Board or the Adjudicator, against any party
through fraud, accident, mistake and excusable neglect and such party has no other plain, speedy
and adequate remedy available to him in the ordinary course of law, he may file a Petition for Relief
with the Board or the Adjudicator, praying that the Decision, Resolution, or Final Order be set aside.

SECTION 94. Form and Time of Filing of Petition. - A petition for relief must be verified,
and a copy together with its annexes and supporting affidavits, if any, must be furnished to the
adverse party or parties and filed within sixty (60) days from the time the fraud, accident, mistake
or excusable negligence was discovered and within six (6) months after the
decision/resolution/final order was rendered.

The petition must be accompanied by affidavits and supporting documents showing the
fraud, accident, mistake or excusable negligence relied upon, whichever is applicable as well as the
proof of service of the petition on the other party or parties. Without such proof of service the
petition shall not be entertained.

RULE XVII. Preliminary Injunction/Restraining Order/Status Quo Order

SECTION 95. Preliminary Injunction, When Granted. -A Writ of Preliminary

Injunction, Restraining Order, or a status quo order may be granted by the Board or at least three
(3) Members or by the Adjudicator, as the case may be, when it is established, on the basis of
allegations in the sworn Complaint or Motion, which shall be duly supported by affidavits of merit,
that the acts being complained of, if not enjoined, would cause some grave and irreparable damage
or injury to any of the parties in interest so as to render ineffectual the decision which may be in
favor of such party. If the Board or the Adjudicator finds that it is necessary to post a Bond, it shall
fix the reasonable amount of the bond to be filed by the party applying for the injunction in favor
of the party who might suffer after it is finally determined that the Complainant or Petitioner is not
entitled. Upon the filing and approval of such Bond, a Writ of Injunction may be issued.

The Board or Adjudicator may also require the performance of a particular act/s, in which
case, it shall be known as a preliminary mandatory injunction.

SECTION 96. No Injunction to Restrain Tilling or Harvesting. -In cases where the
tenurial status of a person is at issue, the Board or Adjudicator shall not issue any order restraining
or enjoining the actual tiller from cultivating the land or harvesting the standing crops nor issue
an order impounding the harvest, if any, without providing him with at least fifty percent (50%) of
the net harvest.

SECTION 97. Temporary Restraining Order. - A Temporary Restraining Order issued

ex-parte, shall be valid only for twenty (20) days from the date the same is received by the
Respondent. During this period, the parties shall be required to present evidence to substantiate
their respective positions on whether a preliminary injunction shall be granted. The period of
twenty (20) days may be extended upon motion of the proper party on valid grounds, for another
twenty (20) days from the expiration of the original period. Thereafter, no motion for further
extension of the Temporary Restraining Order shall be allowed. After due notice and hearing, and
before the lapse of the Temporary Restraining Order, the issue of preliminary injunction or status
quo should be resolved.
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SECTION 98. Supervision of Harvest. -An Order for the supervision of harvest may be
issued by the Board or at least three (3) Members or by t h e Adjudicator, motu proprio,
or upon motion of either party when it is established on the basis of the allegations in the sworn
Complaint or Motion, which shall be duly supported by an Affidavit of Merit, that one or more
persons are claiming rights adverse to the tiller on the landholding in question or there is a
dispute as to the sharing in the net harvest of the landholding.

The Board or at least three (3) Members or Adjudicator shall issue an order distributing
the proceeds from the intervening harvest, as follows:

i. Release fifty percent (50%) to the party claiming to be a tenant or actual tiller.

ii. Release twenty-five percent (25%) to the landholder.

iii. Deposit, in trust, the cash equivalent of the remaining twenty-five percent (25%)
with the nearest Land Bank of the Philippines (LBP) Branch in accordance with the
existing DAR rules and regulations.

In case the proceeds of the harvest or its equivalent amount are not accepted by the
parties or one of the parties to the case, the Sheriff shall deposit the said proceeds or its
equivalent amount to the nearest LBP Branch after completion of the harvest in accordance
with the existing DAR rules and regulations.

The Order for the supervision of harvest shall be self-executory and remain effective
unless the Board or the Adjudicator issues an order lifting or revoking the same or the case
has been decided on the merits with finality.

RULE XVIII. Direct and Indirect Contempt

SECTION 99. Direct Contempt. - The Board or any of its Members or Adjudicator may
summarily adjudge in contempt any person guilty of misbehavior in the presence of, or so near
the Board or any of its Member or the Adjudicator, as to obstruct or interrupt the proceedings
before the same, including disrespect to said officials, offensive acts towards 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. The same shall be punished by a fine not exceeding Five Thousand
Pesos (PhP 5,000.00), or in case of inability or refusal to pay the fine, imprisonment of not
exceeding three (3) days shall be imposed.

The judgment of the Board or the Adjudicator on direct contempt is immediately

executory and not appealable.

SECTION 100. Indirect Contempt. - In the exercise of its quasi-judicial power, and as
provided by Section 50 of R.A. No. 6657, as amended, the Board or at least three (3) of its
Members or the Adjudicator, may cite and punish any person for indirect contempt.

Any person may be cited or punished for Indirect Contempt under any of the following
grounds:

a. Misbehavior of any officer or employee in the performance of his/her official duties

or his/her official transaction.

b. Disobedience of or resistance to a lawful writ, order or decision, including the acts

of a person after the judgment or process to re-enter or attempt or induce another
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to enter into or upon such real property in any manner which disturbs the
possession given to the person adjudged to be entitled.

c. Any abuse of, or any unlawful interference with, the processes or proceedings not
constituting direct contempt.

d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade

the administration of justice.

e. Misrepresenting to be an attorney or a representative of a party without authority.

f. Failure to obey a subpoena duly served.

g. Other grounds analogous to the foregoing.

Proceedings for indirect contempt may be initiated motu proprio by the Board or the
Adjudicator against which the contempt was committed by an order or any other formal charge
requiring the Respondent to show cause why he should not be cited and punished for Indirect
Contempt.

In all other cases, charges for indirect contempt shall be commenced by a verified petition
with supporting particulars and certified true copies of documents or papers involved and upon
full compliance with the requirements for filing initiatory pleading in the Board or the Adjudicator
concerned. If the contempt charges arise out of or are related to a principal action pending before
the Board or the Adjudicator, the Petition for Contempt shall allege that fact, but the said Petition
shall be docketed, heard, and decided separately.

In both instances, the Contemnor shall be given a non-extendible period of ten (10) days to
submit a verified Answer to the Charge or Petition.

SECTION 101. Appeal from Indirect Contempt. - The Contemnor may, within a period
of five (5) days from notice of the judgment, appeal the same to the Board, and the execution of said
judgment shall be suspended pending the resolution of the appeal upon the filing by the said person
of a bond on condition that he will abide by, and perform the judgment should the appeal be decided
against him.

With respect to indirect contempt committed against the Board or any of its members, the
same shall be immediately executory without prejudice to an appeal with the appropriate tribunal.

SECTION 102. Hearing - On the date set for the hearing, the Board or the Adjudicator shall
proceed to determine the charge and consider the answer and testimony as the Contemnor may
make or offer. Failure of the Contemnor to attend the scheduled hearing will result in the waiver of
his right.

SECTION 103. Punishment for Indirect Contempt. - If the Contemnor is adjudged

guilty of indirect contempt committed against the Board or any of its members or the Adjudicator,
he shall be punished by a fine of One Hundred Pesos (PhP 100.00) per day of continued defiance
but not to exceed Five Thousand Pesos (PhP 5,000.00). Each day of defiance of, or disobedience
to, or non-enforcement for a period of ten (10) days shall constitute indirect contempt against the
Board or the Adjudicator and shall be the basis for his or her detention for a period not exceeding
five (5) days.

In case the penalty is detention, the Board or the Adjudicator shall issue a commitment order
requesting the concerned authority to detain the Contemnor within the detention facilities,
attaching the final resolution citing the Contemnor for Indirect Contempt.
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Rule XIX. Administrative Determination of Land Valuation

SECTION 104. Principal Role of the Board or Adjudicator. - The administrative

proceedings for the preliminary determination of land valuation must be summary in nature.
The principal role of the Board or the Adjudicator is to determine whether the Ministry of
Agriculture, Fisheries and Agrarian Reform (MAFAR) and the Land Bank of the Philippines (LBP),
in their computation of land valuation, have complied with Section 17 of R.A. No. 6657, as amended,
and other administrative or policy issuances of the MAFAR, the LBP, and the prevailing
jurisprudence.

SECTION 105. Jurisdictional Amount. - The jurisdiction of the Board and

Adjudicator on land valuation shall be determined in the following amount:

a. The Adjudicator, when the LBP valuation does not exceed Fifty Million Pesos
(PhP 50,000,000.00); and

b. The Board, when the LBP valuation exceeds Fifty Million Pesos (PhP 50,000,000.00).

In the event of non-availability of the designated Adjudicator in the locality on account of

inhibition, disqualification, transfer, retirement, resignation, or when the Adjudicator is on official
leave for at least fifteen (15) days, or when there is no Adjudicator designated, the Board shall assign
the case to any of the Adjudicators within the region. In case of non-availability of Adjudicators
within the region, the Board may conduct the preliminary proceedings of land valuation.

SECTION 106. Commencement of Land Valuation Case under R.A. No. 6657. - A land
valuation case shall commence upon receipt by the Board or the Adjudicator of the
Memorandum-Advise from the MAFAR requesting the conduct of summary administrative
proceedings with a claim folder containing certified true copies of the following:

a. Memorandum of Valuation (MOV);

b. Land Valuation Worksheet (LVW);

c. Notice of Land Valuation and Acquisition (NLVA) with proof of receipt;

d. Landowner's Rejection Letter, if any;

e. Order to Deposit Landowner's Compensation with proof of receipt;

f. Certification of Deposit (COD); and

g. Other pertinent documents forwarded by the LBP.

The BARAB Secretary or the PARAD, upon receipt of the endorsement of the Provincial
Director Memorandum-Advise, shall evaluate the completeness of the documents required in
the conduct of the administrative proceedings relative to the land valuation. In case of
incomplete documents, an Order shall be issued by the Board or the PARAD requiring for its
completion. Otherwise, an Order shall be issued requiring all the parties to submit their
respective verified position papers within thirty (30) days from receipt of the Order.

SECTION 107. Commencement of Land Valuation Case under PD 27. - In cases where the
landholding is covered under Presidential Decree (P.D.) No. 27, the action is commenced by the
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filing a verified petition for the fixing of land valuation before the Board or the PARAD in accordance
with its jurisdictional amount.

The Board or the PARAD shall issue Summons to MAFAR and LBP requiring an answer within
a non-extendible period of fifteen (15) days from its receipt. The Board or the Adjudicator may also
issue Summons to DAR, whenever necessary. The service of Summons shall be governed by Rule VII
of this Rule.

SECTION 108. Order for Submission of verified Position Papers. - Upon receipt of
the Answer, the Board or PARAD shall issue an Order requiring the MAFAR, LBP, and the landowner
to submit their verified position papers copy furnished to the other parties within thirty (30) days
from receipt of the said Order.

SECTION 109. When a Case is deemed Submitted for Resolution. - The case is deemed
submitted for resolution after the filing of verified Position Papers or after the lapse of the period
to file the same unless a clarificatory hearing is warranted.

SECTION 110. Resolution on Land Valuation Cases. - The Board or the Adjudicator shall
have a period of thirty (30) days from the time the case is deemed submitted for resolution to decide
the same.

SECTION 111. Motion for Reconsideration. - Within fifteen (15) days from receipt of the
Resolution of the Board or the PARAD, a party may move for its reconsideration on the grounds
that:

a. The findings of fact in the said Resolution are not supported by substantial evidence; or

b. The conclusions stated are contrary to law and/or jurisprudence.

The Motion for Reconsideration shall be filed together with proof of service of a copy upon
the prevailing party.

Only one (1) Motion for Reconsideration shall be allowed for each party.

The filing of a Motion for Reconsideration shall interrupt the period to perfect an Appeal.

SECTION 112. Appeal. - A party who disagrees with the Resolution of the Motion for
Reconsideration of the PARAD may bring the matter to the Board by filing with the PARAD a Notice
of Appeal within fifteen (15) days from receipt of said Resolution.

The PARAD shall transmit the Notice of Appeal and the records of the case to the Board,
through the Board Secretary, within fifteen (15) days from receipt of the said notice. The Board
Secretary, within five (5) days from receipt of the records, shall notify and direct the parties to
simultaneously submit their respective memoranda within thirty (30) days from receipt of the
notice.

The Appeal shall be deemed submitted for resolution after the filing of the memoranda or
after the lapse of the period to file the same.

SECTION 113. When Land Valuation Cases deemed Closed and Terminated. - After the
lapse of the 15-day period without any Motion for Reconsideration or Appeal being filed, the case
shall be deemed closed and terminated without prejudice to the filing of an original action before
the Special Agrarian Court (SAC).

SECTION 114. Filing of Original Action with the SAC - The party who disagrees with the
Resolution of the Board or the Adjudicator may contest the same by filing an original action with
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the SAC before the same is barred by prescription. Immediately upon filing with the SAC, the party
shall notify the Board through the Board Secretary and or the PARAD.

SECTION 115. Writ of Execution When Issued. - After the lapse of the prescriptive period
and no original action has been filed before the SAC, the Board, through the Board Secretary or the
PARAD, may issue a writ of execution. Likewise, upon joint motion and manifestation of the
landowner, MAFAR and LBP that they are no longer filing an original action before the SAC, a writ
of execution may be issued. In the event that an original action was already instituted, the motion
and manifestation must be accompanied by proof of withdrawal or dismissal of the original action
before the SAC.

SECTION 116. Execution of Judgment. - The Sheriff shall enforce a Writ of Execution of
judgment for compensation by presenting the same, together with the copy of the judgment to the
LBP, and demand that the same be satisfied against the Agrarian Reform Fund in accordance with
R.A. No. 6657, as amended. The LBP shall pay within ten (10) days from the time the landowner
executes and submits to the LBP the corresponding deed/s of transfer in favor of the government
and surrenders the muniments of title to the property in accordance with Section 16 (c) of R.A. No.
6657, as amended. In no case shall the Writ of Execution be enforced against the general funds and
assets of the LBP.

RULE XX. Execution

SECTION 117. Execution upon a Decision, Resolution, or Final Order. - Execution shall
issue upon a Decision, Resolution, or Final Order that finally disposes of the action or proceedings.
Such execution shall be issued fifteen (15) days after the receipt of the Resolution denying the
Motion for Reconsideration or upon the expiration of the period to file the Motion for
Reconsideration or Appeal if no Motion for Reconsideration or Appeal has been duly perfected.

Upon motion of a party or motu proprio and certification issued by the Board Secretary
or Clerk of the Adjudicator, as the case may be, that a Decision, Resolution, or Final Order had been
duly served to the parties or their representative of record or counsels and that the Decision,
Resolution, or Final Order has become final and executory, the Board, through the Board Secretary,
the concerned PARAD, shall issue a Writ of Execution ordering the Regional/Provincial Sheriff or
any deputized MAFAR employee to enforce the said Decision, Resolution, or Final Order. In
appropriate cases, the Board or any of its Members or the PARAD shall deputize and seek assistance
from the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), or any of their
component units or other law enforcement agencies to assist in the implementation of the issued
Writ of Execution.

SECTION 118. Execution Pending Appeal; Exception. - Appeal shall not stay the execution
of a Decision, Resolution, or Order, except when the ejectment of a tenant farmer, agricultural lessee,
or amortizing owner-cultivator is directed and involves solely the issue of just compensation.

SECTION 119. Execution Based on Compromise Agreement. - When the Decision,

Resolution, or Final Order is based on an amicable settlement or compromise agreement, it shall
be immediately executory. The Writ of Execution shall be issued motu proprio.

SECTION 120. Execution by Motion or by Independent Action. - A final and executory

Decision, Resolution, or Final Order may be executed on motion within five (5) years from the date
of the entry of its finality in the Book of Entries of Judgment. After the lapse of such time, and before
it is barred by the statute of limitations, a judgment may be enforced by independent action.

SECTION 121. Execution in case of Death of Party. - Where a party dies after the entry of
the judgment or order, execution may be enforced in the following manner:
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a. In case of the death of the prevailing party, upon application of his executor or
administrator or successor in interest or privies.

b. In case of the death of the losing party, against his executor or administrator or successor
in interest or privies.

c. In case of the death of the losing party after execution is levied upon any of his property,
it may be sold for the satisfaction, and the officer making the sale shall account for any
surplus in his hands to the corresponding executor or administrator.

Provided, however, that if the judgment is for payment of rental in arrearages claimed
against the tenant-farmer, agricultural lessee, settler, or amortizing owner-cultivator, execution
shall be levied upon the produce of the landholding not exceeding seventy-five percent (75%).

SECTION 122. Issuance, Form, and Contents of Writ of Execution. - The Writ of
Execution must be issued by the Board through the Board Secretary, or the Adjudicator. It must
clearly refer to such Decision, Resolution, or Final Order, attaching a certified copy of the Decision,
Resolution, or Final Order to the Writ of Execution and directing the Sheriff or any deputized
MAFAR employee to enforce the Writ according to its terms, upon the party against whom it is
rendered, or upon any other person required by law, to obey it. Any person who willfully disobeys
the Writ of Execution may be punished for contempt.

SECTION 123. Judgment for Specified Acts Vesting Title. - If a judgment directs a party
to execute a conveyance of land, to deliver deeds or other documents, or to perform any other
specific act, and the party fails to comply within the time specified, the Board or the Adjudicator
may direct the act to be done by some other person appointed by the said Board, or the Adjudicator
at the cost of the disobedient party, and the act when so done shall have like effects as if done by
such disobedient party.

SECTION 124. Return of Writ of Execution. - The Writ of Execution shall be returned
by the Sheriff or any deputized MAFAR employee, to the Board, or the Adjudicator immediately after
the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in part or in
full within thirty (30) days after the Sheriff or any deputized MAFAR employee's receipt of the
Writ, he shall make a written report to the Board or the Adjudicator, as the case may be, and state
the reason. Such Writ shall continue in effect during the period and upon the grounds within
which the judgment may be enforced by motion. The Sheriff or deputized MAFAR employee shall
make a report every thirty (30) days on the proceedings taken until the judgment is satisfied in full
or its effectivity expires. The return of periodic reports shall set forth the whole proceedings taken
and shall be filed with the Board Secretariat or Clerk of the Adjudicator, as the case may be, to be
kept on the execution book. A certified copy of the record of execution or the return kept by the
Board Secretariat or Clerk of the Adjudicator shall be evidence of the contents of the originals
whenever they, or any part, have been lost or destroyed.

SECTION 125. Execution of Judgments for money, how enforced. -

a. Satisfaction by levy. - If the judgment obligor cannot pay all or part of the obligation in
cash, certified bank check, or other mode of payment acceptable to the judgment obligee,
the Officer shall levy upon the properties of the judgment obligor of every kind and
nature whatsoever which may be disposed of for value and not otherwise exempt from
execution giving the latter the option to immediately choose which property or part may
be levied upon, sufficient to satisfy the judgment. If the judgmen1 obligor does not
exercise the option, the Sheriff shall first levy on the personal properties, if any, and then
on the real properties if the personal properties are insufficient to answer for the
judgment.
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b. Garnishment of debts and credits. - The Sheriff may levy on debts due the judgment
obligor and other credits, including bank deposits, financial interests, royalties,
commissions and other personal property not capable of manual delivery in the
possession or control of third parties. The levy shall be made by serving notice upon
the person owing such debts or having in his possession or control such credits to
which the judgment obligor is entitled. The garnishment shall cover only such
amount as will satisfy the judgment and all lawful fees. 1

SECTION 126. Property Exempt from Execution. - Except as otherwise expressly

provided by law, the following properties shall be exempt from execution:

a. The judgment obligor's family home as provided by law or, the homestead in which
he resides, and land necessarily used in connection therewith, unless the family home
or homestead is the subject matter of the dispute.

b. Tools and implements necessarily used by him in his trade or employment.

c. Beasts of burden necessarily used by him in his ordinary occupation.

d. His necessary clothing and articles for ordinary personal use, excluding jewelry.

e. Household furniture and utensils necessary for housekeeping and used for that
purpose by the losing party and his family, such as the losing party may select, of a
value not exceeding One Hundred Thousand Pesos (PhP 100,000.00).

f. Provisions for individual or family use sufficient for four months.

g. The professional libraries of attorneys, judges, physicians, pharmacists, dentists,

engineers, surveyors, clergymen, teachers, and other professionals, not exceeding
Three Hundred Thousand Pesos (PhP 300,000.00) in value.

h. One (1) fishing boat and accessories not exceeding the total value of One Hundred
Thousand Pesos (PhP 100,000.00), owned by any fisherman by the lawful use of
which he earns a livelihood.

i. So much of the earnings of the losing party for his personal services within the four
(4) months preceding the levy as necessary for the support of his family.

j. Lettered gravestones.
k. All moneys, benefits, privileges, or annuities accruing or in any manner growing out
of any life insurance.

l. The right to receive legal support, or money or property obtained as such support, or
any pension or gratuity from the government.

m. Properties are especially exempt by law.

However, no article or species of t h e property mentioned in this Section shall be

exempt from execution issued upon a judgment involving said property, upon a judgment
recovered for its price or upon a judgment of foreclosure of a mortgage.

1 Rule XX, Section 9, Par. B – Patterned in the Rules of Court

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In cases involving just compensation, the same shall only be executed against the
Agrarian Reform Fund of the CARP.

SECTION 127. How Execution for the Delivery or Restitution of Property

Enforced. - The Officer must enforce an execution for the delivery or restitution of property
by ousting the person against whom the judgment is rendered and placing the prevailing
party in possession of such property and by levying upon so much of the property of the losing
party as will satisfy the amount of the judgment and costs included in the Writ of Execution.

SECTION 128. Removal of Improvements on Property Subject of Execution. - When

the property subject of the execution contains improvements constructed or planted by the losing
party or his agent or privies, the officer shall not destroy, demolish, or remove said improvements
except upon order of the Board or the Adjudicator issued upon motion of the prevailing party after
due hearing and after the losing party has failed to remove the same within a reasonable time fixed
by the Board, or the Adjudicator.

SECTION 129. Effect of Judgment or Final Order. - The effect of a judgment or final
order rendered by the Board, or the Adjudicator shall be, as follows:

a. In case of judgment or order against a specific thing or property, the judgment or order
is conclusive upon the title or right to the thing or property.

b. In other cases, the judgment or order is, with respect to the matter directly adjudged
or as to any other matter that could have been raised in relation thereto, conclusive
between the parties and their successors in interest and privies by title subsequent to the
commencement of the action, litigating for the same thing and under the same title and
in the same capacity.

c. In any other litigation between the same parties or their successors in interest and
privies, that only is deemed to have been adjudged in a former judgment which appears
upon its face to have been so adjudged, or which was actually and necessarily included
or necessary.

RULE XXI. Board Regulations

SECTION 130. Internal Business. - The Board En Banc shall make appropriate orders or
rules to govern the assignment of cases among its Members and other matters relating to the
business of the Board.

Such orders or rules shall continue to be in force until repealed or amended by the Board.

SECTION 131. Official Seal. - The Board shall design and adopt a seal to be imprinted in all
its Resolutions, Orders, Decisions, and other Documents as an indication of their Official Character.
The Seal of the BARAB shall depict its Official function as the dispenser of agrarian justice. It shall
be consistent with the basic design and symbolism of the MAFAR logo.

SECTION 132. Chairman as Presiding Officer. - The Minister of the M A F A R sitting as

Chairman of the Board, or in his absence, the Vice-Chairman or any Member of the Board, shall
preside over all deliberations or meetings.

SECTION 133. Assignment of Cases. - All cases brought on appeal to the Board shall
be assigned to a particular member and shall thereafter be referred to as the ponente for review
and proper disposition in accordance with the orders and internal rules that the Board may adopt.
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All Pleadings and Motions filed or other matters brought to the Board after the case has
already been assigned to a member of the Board shall immediately be transmitted or referred to the
concerned Member for appropriate action and shall be integrated to form part of the case records.

SECTION 134. Deliberation and Required Vote for Pronouncement of a Decision,

Resolution, or Final Order. - The participation of the Chairman and the Members of the Board
in the deliberation, and the concurrence and signature of the majority of its Members may be
required for the rendition of judgment on the merit.

However, the concurrence and signature of only two (2) Board Members shall be necessary
for the issuance of interlocutory Orders.

RULE XXII. The Board Secretariat

SECTION 135. The Board Secretariat. - There shall be a Board Secretariat, which shall be
headed by the Board Secretary, who shall function as the Clerk of the Board.

SECTION 136. Filing of Pleadings, Motions, Documents, and Other Matters. -

Pleadings, Motions, and other documents addressed to the Board shall be filed with the
Secretariat, which shall keep in custody a complete file for its further disposition to the
concerned Board Member. Other matters, questions or controversies brought before the Board
shall be referred to the concerned Member to whom the subject case has been assigned for his
proper disposition.

The original copy of the record on Appeal shall be transmitted to such Member, with the
second copy of the record on Appeal kept on file with the Secretariat. Thereafter, all Pleadings,
Motions, and other documents shall be filed with the Secretariat, transmitting them to the
concerned Member.

Subsequent to the perfection of the Appeal, all Pleadings or Motions and Memoranda filed
with the Adjudicator shall immediately be forwarded to the Board through the Secretariat for
appropriate disposition. However, the erroneous filing of the Pleadings, Motions and Memoranda
with the Adjudicator shall not toll the prescriptive period as required by the rules or order of the
Board.

SECTION 137. Custody of the Seal and Books of the Board. - The Secretariat shall
have custody of the seal and book of entries of all judgments rendered by the Board.

SECTION 138. Access to the Board Records and Issuance of Certified True Copies.
- The parties to the case, their authorized representative, or counsels of record shall have
access to the case records during office hours.

Upon a valid written request, the Secretariat shall issue a certified true copy under the
seal of the Board of any document, record, Decision, Resolution, Final Order, or entry under its
custody upon payment of the required fees, unless exempted, subject to terms and conditions
under existing administrative issuances.

SECTION 139. General Docket, Raffle of Cases, Calendar of Deliberation, and other
matters. - The Board Secretariat shall:

a. Keep a general docket of original actions and appealed cases duly numbered and
containing entries of all the original actions and appealed cases filed before the Board.

b. Assign original actions and appealed cases for appropriate disposition strictly by raffle.
The raffle of cases shall be attended by the duly designated representative of the Members
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of the Board under the supervision of the Board Secretary or his duly designated
representative.

c. Calendar the schedule of case deliberation and prepare the Minutes and Highlights of the
proceedings of the Board.

d. Compile copies of all Decisions, Resolutions, or Final Orders issued by the Board in the
order of their dates of promulgation.

SECTION 140. Promulgation, Releasing of Communications, Issuances, and Other

Matters. - The Secretariat shall certify the date and hour of promulgation of any Decision,
Resolution, or Final Order, as well as the names of all parties who were notified.

All communications or issuances and disposition of other matters brought before the
Board shall be released exclusively, copy furnished by the Chairman, through the Secretariat
as the repository of case records. It shall be the duty and responsibility of the Sheriff or, in the
absence, a designated employee of the Secretariat to prepare and serve all summons,
subpoenas, notices, and other processes issued by the Board.

RULE XXIII. Other Fees, Charges, and Costs

SECTION 141. Payment of Fees. - Upon filing the pleading or other application that initiates
an action or proceeding, the fees prescribed shall be paid in full.

SECTION 142. Filing Fees. - A filing fee of One Thousand Pesos (PhP 1,000.00) plus a legal
research fee of One Hundred Pesos (PhP 100.00) shall be charged for any Petition or Complaint filed
with the Adjudicator or the Board as an original action.

The pauper litigant, as stated in Section 23, Rule V, is exempt from the payment of filing fees
and/or bonds referred under this Rule.

SECTION 143. Legal Fees. - Legal fees shall be charged and collected for certified transcripts
of the records or additional copies of any record, decision, ruling, or entry of which any party is
entitled to demand and receive a copy in the amount of Ten Pesos (PhP 10.00) per page or Five
Pesos (Php 5.00) per page for a plain copy.

SECTION 144. Where Fees, Penalties, Fines, and Other Impositions to be Paid. - The
fees, penalties, fines, and other impositions shall be paid by the party to the concerned MAFAR
cashier, MAFAR Provincial Office, or Regional Office, as the case may be, at the time of filing, request,
or compliance to the imposition. If the fees are not paid, the Board or the Adjudicator may refuse to
take action until the same are paid except as otherwise provided. For this purpose, the MAFAR
Regional Office cashier or its local counterpart, as the case may be, shall segregate all fees collected
from its general fund and shall also maintain a separate Book of Account for all transactions covered.

SECTION 145. Sheriffs and Other Authorized Persons Serving Processes.

a. For serving summons and a copy of the complaint, one hundred pesos (PhP 100.00) for will
be charged to each Respondent.

b. For serving subpoenas, eighty pesos (PhP 80.00) will be served to each witness.

c. For serving and implementing a Temporary Restraining Order, or Writ of Injunction,

preliminary or final, Two Hundred Pesos (PhP 200.00).

d. For filing bonds or other instruments of indemnity or security in provisional remedies,

eighty pesos (PhP 80.00) are required for each bond or instrument.
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e. For executing a writ or process to place a party in possession of the real estate, Four Hundred
Pesos (PhP 400.00).

f. For serving and implementing the order of supervision of harvest, the following fees shall be
charged:

f.1. On the first Ten Thousand Pesos (PhP 10,000.00) of the gross harvest, five percent
(5%);

f.2. In excess of Ten Thousand Pesos (PhP 10,000.00), an additional three percent (3%).

g. For levying on execution on personal or real property, Two Hundred Pesos (PhP 200.00).

h. For money collected through order, execution, attachment, or any other process, the
following shall be charged:

h.1. On the first Ten Thousand Pesos (PhP 10,000.00) of the gross harvest, five percent
(5%);

h.2. In excess of Ten Thousand Pesos (PhP 10,000.00), an additional three percent
(3%).

In addition to the fees above fixed, the party requesting the issuance of any process, whether
preliminary, incidental, or final, shall pay the Sheriff’s expenses in serving or executing the process
or safeguarding the property levied upon, attached, or seized, including actual travel expenses by
the regular means of transportation, guards' fees, warehousing and similar charges, in an amount
estimated by the Sheriff, subject to the approval of the Board, or the Adjudicator. Upon approval of
said estimated expenses, the interested party shall deposit such amount with the Clerk of the
Board/Adjudicator, who shall disburse the same amount to the Sheriff assigned to effect the
process. Any unspent amount shall be refunded to the party making the deposit. A full report shall
be submitted by the Sheriff assigned with his return and the Sheriff’s expenses shall be taxed as cost
against the losing party.

SECTION 146. Stenographers or Any Authorized MAFAR Employee - Stenographers or

any authorized MAFAR employee shall give certified transcripts of notes taken by them to the
requesting party upon due payment of Ten Pesos (PhP 10.00) for each page.

SECTION 147. Costs. - Cost may be allowed to the prevailing party, but the Board, or the
Adjudicator, as the case may be, shall have the power, for a special reason, to adjudge that either
party shall pay the costs of an action or that the same be divided as may be equitable. No costs shall
be allowed against the Republic of the Philippines and the Bangsamoro Government unless
otherwise provided by law.

SECTION 148. Attorney's Fees as Costs. - Attorney's Fees may be charged as costs against
the adverse party in accordance with Article 2208 of the New Civil Code.

SECTION 149. Filing Fees. - A filing fee of One Thousand Pesos (PhP 1,000.00) plus a legal
research fee of One Hundred Pesos (PhP 100.00) shall be charged for any Petition or Complaint filed
with the Adjudicator or the Board as an original action.
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RULE XXIV. Miscellaneous Provisions

SECTION 150. Transitory Provisions. - These Rules shall govern all cases filed on or after
its effectivity. All cases filed with the Board or the Adjudicator prior to the date of effectivity of these
Rules, shall be governed by the Board resolution at the time of their filing.

SECTION 151. Separability Clause. - If, for any reason, any portion or provision of these
Rules is declared unconstitutional or invalid by the Supreme Court, no other provision of these
Rules shall be affected.

SECTION 152. Effectivity Clause. - These Rules shall take effect fifteen (15) days after its
publication in a newspaper of general circulation and its registration before the Office of the
National Administrative Register (ONAR) at the University of the Philippines (UP) Law Center, the
Bangsamoro Gazette and as well as the submissions to the DAR Central Office and the Supreme
Court of the Philippines.

Approved.

Done this ______ day of ______________ year 2025, Bangsamoro Government Center, Cotabato
City, Philippines.

Hon. MOHAMMAD S. YACOB, PhD

Chairman

AISAH D. ABDULLAH-SANGGACALA, PhD TAUGAN S. KIKAY, PhD

Member Vice-Chairman

TONG D. PINGUIAMAN, Ph.D. Atty. NERISSA O. DALIG

Member Member

ATTESTATION

This is to attest that herein 2024 BARAB Rules and Procedure was approved by the foregoing
Members of the Board and signed in my presence.

Atty. ABDULKADIR D. PASANDALAN, JR.

BARAB Secretary