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XII. ADMINISTRATIVE ADJUDICATION |
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ADMINISTRATIVE ADJUDICATION SECTION 50. DAR - The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matter involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR). It shall not be bounded by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case. Toward this end, it shall adopt a uniform rule or procedure to achieve a just, expeditious and inexpensive determination of every action or proceeding before it. It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and subpoena, and subpoena duces tecum and to enforce its writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court. Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their organizations in any proceedings before the DAR: Provided, however, That when there are two or more representatives for any individual or group, the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. Notwithstanding an appeal to the Court of Appeals the decision of the DAR shall be immediately executory. SECTION 51. Finality of Determination. - Any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution. Only one (1) motion for reconsideration shall be allowed. Any order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof. SECTION 52. Frivolous Appeals. - To discourage frivolous or dilatory appeals from the decisions or order on the local or provincial levels, the DAR may impose reasonable penalties, including but not limited to fines or censures upon erring parties. SECTION 53. Certification of the BARC - The DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from the BARC that the dispute has been submitted to it for mediation and conciliation without any success of settlements is presented: Provided, however, That if no certification is issued to it for mediation or conciliation the case of dispute may be through before the PARC. |
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