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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