Post on 14-Apr-2018
transcript
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APPEAL
SECTION 2. 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 that:
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; or
b. The order, resolution or decision wasobtained through fraud or coercion.
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Final order of the
adjudicator disposing the
case
How Appeal is Conducted
Is there an
appeal within
15 days from
the receipt of
the
resolution?
None
Decision of the
Board
/Adjudicator
shall be entered
in the Book of
Entries of
Decision
Y
e
s
a. filing a Notice of Appeal together with
the Appellant's Memorandum with the
Adjudicator who rendered the decision
or final order appealed from;
b. furnishing copies of said Notice of
Appeal together with the Appellant'sMemorandum to opposing party/s and
counsel/s; and
c. paying an appeal fee of One
Thousand Pesos to the DAR Cashier
where the Office of the Adjudicator is
situated
NOTE:A pauper litigant shall be exempt from
the payment of the appeal fee. (Sec.1)
A pauper litigant's appeal is deemed
perfected upon the filing of the Notice
of Appeal together with the Appellant's
Memorandum in accordance with said
Section 1 of this Rule. (Sec. 4, Par. 6)
Compli
ed?
Non-compliance with
the foregoing shall bea ground for
dismissal of the
appeal. (Sec. 1,par. 4)
No
Y
e
s
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Appeal is deemed
perfected
Yes
Adjudicator shall
issue an order
stating the perfection
of the appeal
Appeal is
transmitted to
the Board
Filing of
respective
Appeal
Memorandum
with the Board
Case shall be
deemed submittedfor resolution
Judgment is
rendered within
30 days by theBoard
Decision becomes
final after the lapse of
15 days from the
receipt of the copy by
the counsel, rep. or
the party himself
NOTE:
Only one motion for reconsideration by either party shall
be allowed. (sec. 13. Rule XIV)
The records of the case shall contain, among others, atable of contents, all original pleadings filed,
documentary exhibits, transcripts or written summaries of
the hearings, notices, orders or decisions of the
Adjudicator and proofs of service thereof, which shall all
be numbered consecutively and initialed by the
Adjudicator or the authorized Clerk of the Board on each
and every page thereof. (sec.6, par. 2)
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RULE XV- JUDICIAL REVIEW
SECTION 1. Appeal to the Court of Appeals. Any decision,
order, resolution, award or ruling of the Board on any agrarian
dispute or any matter pertaining to the application,
implementation, enforcement, interpretation of agrarian reform
laws or rules and regulations promulgated thereunder, may be
brought on appeal within fifteen (15) days from receipt of a
copy thereof, to the Court of Appeals in accordance with the
Rules of Court.
SECTION 2. Findings of Fact; Final and Conclusive.
Thefindings of fact of the Board, if based on substantial evidence,
shall be final and conclusive upon the courts pursuant to
Section 54, Republic Act No. 6657.
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RULE XVI- RELIEFFROM
DECISION/RESOLUTION/FINAL ORDER
SECTION 1. Petition for Relief from Decision/Resolution/Final
Order.When a decision/resolution/final order is rendered
by the Adjudicator against any party, through fraud, accident,
mistake and excusable negligence and such party has no
other adequate remedy available to him in the ordinary course
of law, he may file a petition for relief with said Adjudicator,
praying that the decision/resolution/final order be set aside.
SECTION 4. Procedure. If after due hearing, the petition is
found to be meritorious, the Adjudicator shall set aside thequestioned decision/resolution/final order and he shall then
proceed to hear the principal case.
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RULE XIX- PRELIMINARY DETERMINATIONOF JUST
COMPENSATION
Section 1. Principal Role of Board/Adjudicator.
The principal role of the Board/Adjudicator in the
summary administrative proceedings for the
preliminary determination of just compensation is to
determine whether the Land Bank of the Philippines
(LBP) and the Department of Agrarian Reform
(DAR) in their land valuation computations have
complied with the administrative orders and other
issuances of the Secretary of the DAR and the LBP.
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Case on just
compensation
Y
es
No
Did the
aggrieved
party
question
the
resolution
of the B/A
within 15
days?
LBP and DAR
to conduct
initial land
valuation
The B/A (PARAD,
RARAD, board)
determines the LBP and
the Dar in their land
valuation computationshas complied with the
process of determining
the value of the land
Submission ofevidence, position
papers and notice of
hearing
B/A shall proceed to
make an administrative
determination of just
compensation following
the procedure provided
in Rule VII of this law
NOTE:
If the parties fail to submit the required
documents and their position papers,
and/or to appear on the date set for
hearing, despite proper notice, the
matter shall be deemed submitted for
resolution.(sec. 4 of Rule XIX)
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Resolutionrendered
by the SAC
Y
es
No
Concurrence by
the party to the
resolution and
the resolution is
deemed finaland executory
A copy of the resolution of the
Board/Adjudicator shall be
sent to the landowner, the
Land Bank of the Philippines,
the potential farmer
beneficiaries, other interestedparties, and their counsels.
(sec. 7, Rule XIX)
Execution of
judgment of just
compensation
which have
become final and
executory (sec. 9
of rule XIX)
Filing of Original
Action with the
SAC
Party to file a
Notice of OriginalAction with the B/A,
and the true copy
of the petition filed
with the SAC
NOTE: Failure to
file the Notice of
Filing of OriginalAction render the
decision of the
Board/Adjudicato
r final and
executory
NOTE: Upon
reciept of the
Notice of Filing of
Original Action of a
certifified true copy
of the petition filed
with the SAC no
writ of execution
shall be issued by
the B/A
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SECTION 9. Execution of Judgments for JustCompensation Which Have Become Final andExecutory. The Sheriff shall enforce a writ ofexecution of a final judgment for compensation bydemanding for the payment of the amount stated in the
writ of execution in cash and bonds against the AgrarianReform Fund in the custody of the LBP in accordancewith RA 6657, as amended, and the LBP shall pay thesame in accordance with the final judgment and the writof execution within five (5) days from the time the
landowner accordingly executes and submits to the LBPthe corresponding deed/s of transfer in favor of thegovernment and surrenders the muniments of title to theproperty in accordance with Section 16 (c) of RA 6657,as amended.
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AN ACT STRENGTHENING THE COMPREHENSIVEAGRARIAN REFORM PROGRAM (CARP), EXTENDING
THE ACQUISITION AND DISTRIBUTION OF ALL
AGRICULTURAL LANDS, INSTITUTING NECESSARY
REFORMS, AMENDING FOR THE PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 6657,
OTHERWISE KNOWN AS THE COMPREHENSIVEAGRARIAN REFORM LAW OF 1988, AS AMENDED,
AND APPROPRIATING FUNDS THEREFOR
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SECTION 9. SECTION 24 OF REPUBLIC ACT NO. 6657, AS
AMENDED, ISHEREBYFURTHERAMENDEDTOREADASFOLLOWS:
"SEC. 24.Award to Beneficiaries. The rights andresponsibilities of the beneficiaries shall commence fromtheir receipt of a duly registered emancipation patent orcertificate of land ownership award and their actualphysical possession of the awarded land. Such award
shall be completed in not more than one hundred eighty(180) days from the date of registration of the title in thename of the Republic of the Philippines: Provided, Thatthe emancipation patents, the certificates of landownership award, and other titles issued under any
agrarian reform program shall be indefeasible andimprescriptible after one (1) year from its registrationwith the Office of the Registry of Deeds, subject to theconditions, limitations and qualifications of this Act, theproperty registration decree, and other pertinent laws.
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"It is the ministerial duty of the Registry of Deeds to
register the title of the land in the name of the
Republic of the Philippines, after the Land Bank of
the Philippines (LBP) has certified that the
necessary deposit in the name of the landownerconstituting full payment in cash or in bond with due
notice to the landowner and the registration of the
certificate of land ownership award issued to the
beneficiaries, and to cancel previous titlespertaining thereto.
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Prepared By: Ayan, Yahwynie Ayochok