November 6, 1995

DAR OPINION NO. 69-95

MARO Edano G. Ganao

Department of Agrarian Reform

Tabuk-II, Kalinga-Apayao

Dear MARO Ganao:

This refers to the request for advice of a certain Mrs. Batugo, coursed thru your Office, on whether a tenant who was ejected from his farmlot can be reinstated therein by virtue of the favorable decision by the DARAB-Cordillera, pending appeal of said decision with DARAB Central Office (DARAB-CO).

Please be informed that Sec. 1(a), Rule XIII of the New DARAB Rules of Procedure provides: "An appeal may be taken from an order, resolution or decision of the Adjudicator to the Board by either party or both orally or in writing within a period of fifteen (15) days from receipt of the order, resolution or decision appealed from, and serving a copy thereof on the adverse party, if the appeal is in writing". Corollary to said provision is Section 11, Rule VIII of the same Rules which provides: "Unless appealed, the decision, order or ruling disposing the case on the merits shall be final after the lapse of fifteen (15) days from receipt of a copy thereof by the counsel or representative on record, or by the party himself who is appearing on his own behalf . . .".

Applying the aforecited rules, a determination must first be made as to the date when the landowner received a copy of the Decision, after which it must be ascertained whether an appeal has been made within the 15-day period from said receipt. If no such appeal has been filed, the tenant or his representative may file a motion for the issuance of a writ of execution ordering the enforcement of the decision pursuant to Section 1 Rule XII of the New DARAB Rules. However, if the appeal has been perfected (that is, if it was filed during the 15-day period) the tenant cannot be reinstated pending resolution of said appeal because status quo shall be maintained, which means that the condition or situation prevailing before the controversy shall be observed.

Please be guided accordingly.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office