Reporters:

Christy M. Sanguyu
Nikko Tolentino

M. Modes of Appeal or Review from the DARAB

N. Authority of the DAR Secretary to nullify titles under the CARP
O. Role of Special Agrarian Courts in land valuation and penal provisions

M. Modes of Appeal or Review from the DARAB

Rule 43 of the Rules of Court

Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax
Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial
agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service
Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the
President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of
Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy
Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under
Republic Act No. 6657, Government Service Insurance System, Employees Compensation
Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy
Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary
arbitrators authorized by law. (n)
Section 5. How appeal taken. — Appeal shall be taken by filing a verified petition for review in seven
(7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse
party and on the court or agency a quo. The original copy of the petition intended for the Court of
Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the
docketing and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment
of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals
upon a verified motion setting forth valid grounds therefor. If the Court of Appeals denies the motion,
the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15)
days from notice of the denial. (n)
Section 12. Effect of appeal. — The appeal shall not stay the award, judgment, final order or resolution
sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may
deem just. (10a)
Section 13. Submission for decision. — If the petition is given due course, the Court of Appeals may
set the case for oral argument or require the parties to submit memoranda within a period of fifteen
(15) days from notice. The case shall be deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the court of Appeals. (n)

Sec. 54 of CARL, in relation to Rule 65 of the Rules of Court

Section 54. Certiorari. — Any decision, order, award or ruling of the DAR on any agrarian dispute or
on any matter pertaining to the application, implementation, enforcement, or interpretation of this
Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari
except as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof.
The findings of fact of the DAR shall be final and conclusive if based on substantial evidence.
Rule 65 of the Rules of Court
Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as
law and justice may require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (1a)

N. Authority of the DAR Secretary to nullify titles under the CARP

Sec. 24 of RA 6657 as amended by Sec. 9 of RA 9700

RA 6657, Section 24. Award to Beneficiaries. — The rights and responsibilities of the beneficiary shall
commence from the time the DAR makes an award of the land to him, which award shall be completed
within one hundred eighty (180) days from the time the DAR takes actual possession of the land.
Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award, which shall
contain the restrictions and conditions provided for in this Act, and shall be recorded in the Register
of Deeds concerned and annotated on the Certificate of Title.

RA 9700, Section 9. Section 24 of Republic Act No. 6657, as amended, is hereby further amended to
read as follows:
"SEC. 24. Award to Beneficiaries. - The rights and responsibilities of the beneficiaries shall commence
from their receipt of a duly registered emancipation patent or certificate of land ownership award and
their actual physical 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 the name of the Republic of
the Philippines: Provided, That the emancipation patents, the certificates of land ownership award,
and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible
after one (1) year from its registration with the Office of the Registry of Deeds, subject to the
conditions, limitations and qualifications of this Act, the property registration decree, and other
pertinent laws. The emancipation patents or the certificates of land ownership award being titles
brought under the operation of the torrens system, are conferred with the same indefeasibility and
security afforded to all titles under the said system, as provided for by Presidential Decree No. 1529,
as amended by Republic Act No. 6732.

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 landowner constituting 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 titles pertaining thereto.

Identified and qualified agrarian reform beneficiaries, based on Section 22 of Republic Act No. 6657,
as, amended, shall have usufructuary rights over the awarded land as soon as the DAR takes
possession of such land, and such right shall not be diminished even pending the awarding of the
emancipation patent or the certificate of land ownership award.
All cases involving the cancellation of registered emancipation patents, certificates of land ownership
award, and other titles issued under any agrarian reform program are within the exclusive and original
jurisdiction of the Secretary of the DAR."

DAR Adm. Order No. 6. Series 2011 [ September 21, 2011] The 2011 Revised Rules and Procedures
Governing the Cancellation of Registered Emancipation Patents (EPs), Certificates of Landownership
Award (CLOAs), and Other Titles Issued Under any Agrarian Reform Program

O. Role of Special Agrarian Courts in land valuation and penal provisions

56. Special Agrarian Court. — The Supreme Court shall designate at least one (1) branch of the
Regional Trial Court (RTC) within each province to act as a Special Agrarian Court.
The Supreme Court may designate more branches to constitute such additional Special
Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province.n the
designation, the Supreme Court shall give preference to the Regional Trial Courts which have been
assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court
of Agrarian Relations.
The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special
jurisdiction in addition to the regular jurisdiction of their respective courts.
The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging
to the Regional Trial Courts.

Section 57. Special Jurisdiction. — The Special Agrarian Courts shall have original and exclusive
jurisdiction over all petitions for the determination of just compensation to landowners, and the
prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings
before the Special Agrarian Courts, unless modified by this Act.
The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction
within thirty (30) days from submission of the case for decision.

Cases
1. Phil. Veterans Bank vs. CA, G.R. no. 132767, Jan 18, 2000
2. Landbank vs Martinex, G.R. no. 169008, Aug 14, 2007
3. Landbank vs Cruz, G.R. no. 175175, Sep 29, 2008
4. Landbank vs Celada, G.R. no. 164876, Jan 23, 20006
5. Landbank vs CA, G.R. no. 128557, Dec 29, 1999

Section 58. Appointment of Commissioners. — The Special Agrarian Courts, upon their own initiative
or at the instance of any of the parties, may appoint one or more commissioners to examine,
investigate and ascertain facts relevant to the dispute including the valuation of properties, and to file
a written report thereof with the court.

Section 59. Orders of the Special Agrarian Courts. — No order of the Special Agrarian Courts on any
issue, question, matter or incident raised before them shall be elevated to the appellate courts until
the hearing shall have been terminated and the case decided on the merits.

Section 60. Appeals. — An appeal may be taken from the decision of the Special Agrarian Courts by
filing a petition for review with the Court of Appeals within fifteen (15) days receipt of notice of the
decision; otherwise, the decision shall become final.
 An appeal from the decision of the Court of Appeals, or from any order, ruling or decision of
the DAR, as the case may be, shall be by a petition for review with the Supreme Court within a non-
extendible period of fifteen (15) days from receipt of a copy of said decision.

Cases
Landbank vs. De Leon, G.R. no. 143275, Sep 10, 2002