MEMBERS OF AGRARIAN REFORM ADJUDICATION BOARD INCREASED

For: CustomsWeek Desk
attn: Inday Varona
c/o Bobby Nazareno
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by: Terence Mordeno Grana

THE HOUSE Committees on Agrarian Reform and on Appropriations have recommended to Congress to increase the total membership of the Department of Agrarian Reform Adjudication Board (DARAB), a quasi-judicial panel created to administer and adjudicate agrarian reform disputes, from seven (7) including the Department of Agrarian Reform (DAR) Secretary sitting as chairman, to thirteen (13) members in order to be responsive to the growing backlog of pending cases that the it is handling and to maintain and improve its administrative and judicial dispensation that will respond to the dynamics of social justice and the speedy impartial disposition of cases before the administrative and judicial tribunal.

The recommendation is contained in Committee Report No. (CR) 383 submitted by the aforementioned committees on July 5, 1999, containing House Bill No. (HB) 7831 entitled: “ An Act Increasing the Members of the Agrarian Reform Adjudication Board, Amending Section 13 of Executive Order No. 129-A, Otherwise Known as the Reorganization Act of the Department of Agrarian Reform, Providing Funds Therefor, and for Other Purposes,” recommending the House’s approval in substitution of HB 109 introduced by Party List Representative (Rep.) Leonardo Q. Montemayor, HB 590 of Cagayan Rep. Heherson T. Alvarez and HB 5179 filed by Bohol Rep. Ernesto F. Herrera, containing the same subject.

Lanao del Norte Rep. Abdulla S. Mangotara, chairman of House Committee on Agrarian Reform and Rizal Rep. Gilberto M. Duavit, chairman of House Committee on Appropriations endorsed the report to House Speaker Manuel B. Villar, Jr. for the body’s immediate approval in order to “wipe out” the backlog of pending agrarian cases, help expedite the implementation of the Comprehensive Agrarian Reform Program (CARP) and promote countryside peace through the resolution of agrarian conflicts.

According to Rep. Alvarez, since the operation of the DARAB, the number of cases that it has is steadily rising with pending cases beginning 1992 of 6,259 and these grew by 19% or 7,443 cases beginning 1993 and still went up anew by 4% or 7,728 cases beginning 1994, despite some remedial measures taken by DAR, while of the 7,728 cases, it has to decide on 1,155 cases.

In the committee meeting held last year, Rep. Montemayor explained that the purpose of his proposal is to remedy the situation by creating an independent body which has jurisdiction over all agrarian disputes, including the determination of just compensation. He added that its adjudicatory functions are exercised through four (4) divisions, which act independently of each other. He further explained that their decisions could be appeallable to the National Agrarian Reform Adjudication Commission (NARAC), thereafter to the Supreme Court, by petition for certiorari. To ensure compliance, his proposal also requires adjudicators to execute sworn statements, attesting that the reglamentary period for deciding cases is fulfilled.

The Committee finally resolved to recommend for the immediate approval of the substitute measure with Chairmen Mangotara and Duavit submitting the report to the Speaker. (30)