Below is a comprehensive discussion on authorized representation by non-lawyers before the Department of Agrarian Reform Adjudication Board (DARAB) under R.A. No. 6657 (Comprehensive Agrarian Reform Law), as amended by R.A. No. 9700, in the context of Philippine law. This includes the legal framework, the scope of DARAB’s quasi-judicial authority, and the rules/regulations governing appearances by non-lawyers.

1. Overview of the DARAB

Creation and Mandate
- The Department of Agrarian Reform Adjudication Board (DARAB) was created under Executive Order (E.O.) No. 129-A (1987) and is further recognized under R.A. No. 6657 (Comprehensive Agrarian Reform Law).
- The DARAB exercises primary jurisdiction to adjudicate all agrarian reform matters, including the implementation of agrarian laws and the resolution of agrarian disputes and controversies involving land under the coverage of agrarian reform.
Quasi-Judicial Function
- As a quasi-judicial body, the DARAB can hear and decide cases, issue subpoenas, take testimony, and promulgate rules of procedure governing agrarian disputes.
- Its proceedings are administrative or quasi-judicial in nature, which is an important point when it comes to rules on representation by lawyers or non-lawyers.
Governing Laws and Amendments
- R.A. No. 6657 (Comprehensive Agrarian Reform Law of 1988) laid down the legal foundation for DARAB’s jurisdiction.
- R.A. No. 9700, enacted in 2009, amended portions of R.A. No. 6657, extending the land acquisition and distribution program and strengthening the mechanism for the resolution of agrarian disputes.

2. DARAB Rules on Representation

2.1. General Rule on Legal Representation

General Rule: Parties to a case before the DARAB may personally appear or be represented by counsel (a member of the Philippine Bar).
Non-Lawyers: Because of the social justice objectives of agrarian reform and the quasi-judicial nature of DARAB, certain non-lawyers are allowed to appear for or assist parties who cannot secure or afford counsel.

2.2. Basis for Allowing Non-Lawyers

Administrative Due Process
- Under Philippine law and jurisprudence, administrative and quasi-judicial bodies have more flexible rules of procedure compared to regular courts.
- The Supreme Court, through its rulings, has recognized that the strict “practice of law” prohibitions applicable in regular courts may be relaxed in administrative tribunals that cater to labor, agrarian, or other social justice disputes.
Policy Considerations
- Many agrarian reform beneficiaries, farmers, and tenants have limited financial resources and lack access to licensed lawyers.
- Allowing non-lawyers—such as paralegals, farmers’ organization representatives, union representatives, or other accredited individuals—to assist fosters speedy and inexpensive agrarian justice.

3. Who May Appear as Non-Lawyer Representatives before DARAB

Under the Revised DARAB Rules of Procedure (often referred to as DARAB Rules), specifically the provisions which discuss appearance of counsel and representatives, the following non-lawyers are typically permitted to appear:

Authorized Representatives of Farmer Organizations
- Officers or designated representatives of farmers’ associations, tenants’ groups, or cooperatives may represent their members if duly authorized or accredited by the Department of Agrarian Reform (DAR).
Accredited Paralegals
- Individuals recognized by the DAR as paralegals (including some members of NGOs or legal aid groups focused on agrarian issues) may be allowed to appear on behalf of agrarian reform beneficiaries.
Union or Association Representatives
- If the dispute involves an organization with a registered union or recognized association, a non-lawyer union representative may enter an appearance in the DARAB proceeding.
Authorized Agents of the Party
- In certain instances, a party (especially a group of farmers) can execute a Special Power of Attorney (SPA) or a formal written authority in favor of a trusted individual (who may be a non-lawyer) to represent them before the DARAB.

Requirements and Limitations

Written Authorization: Typically, the non-lawyer must present a written authority (e.g., SPA, Board Resolution for cooperatives, a letter of authority from the association) to show that they are acting on behalf of the party in a representative capacity.
Scope of Representation: Their authority is generally limited to matters before the DARAB. They cannot file pleadings in the regular courts as counsel, engage in the general practice of law, or represent the party beyond the context of the DARAB’s quasi-judicial proceedings.
Ethical and Procedural Boundaries: Non-lawyers are still bound by ethical rules—they must act in good faith, refrain from offering legal advice beyond the permissible scope, and avoid the unauthorized practice of law in settings outside DARAB.

4. Legal and Ethical Considerations

4.1. Unauthorized Practice of Law

Definition: The practice of law generally entails appearing in court, preparing pleadings, giving legal advice, and engaging in activities that require a law degree and passing the bar.
Exception in Quasi-Judicial Bodies: Certain tribunals, including the DARAB, are legally permitted to allow non-lawyer representation under their specific rules of procedure. However, non-lawyers cannot exceed the authority granted by these rules.
Penalties: Any non-lawyer who tries to practice law in the broader sense—such as representing clients in regular courts—without a license can be charged with unauthorized practice of law.

4.2. Code of Professional Responsibility (for Lawyers)

Applicability to Lawyers: Lawyers appearing before the DARAB remain bound by the Code of Professional Responsibility, which includes duties of confidentiality, fidelity to the client’s cause, candor, and fairness in dealing with the tribunal.
Non-Lawyers Assisting Lawyers: Paralegals or staff members assisting a lawyer are likewise bound to respect the lawyer’s ethical duties. Any breach can subject the supervising lawyer to disciplinary action.

4.3. Ethical Guidelines for Non-Lawyer Representatives

Obligation of Good Faith: Non-lawyers must act honestly, avoid misleading the tribunal, and must not misuse the authority conferred upon them.
Competence: While no bar examination is required for non-lawyers, there is an expectation of basic competence or familiarity with agrarian laws and procedures to effectively assist the party.
Conflict of Interest: If a non-lawyer representative also works with or represents another party or has a financial interest that conflicts with the client’s, ethical issues arise that can invalidate their appearance.

5. Relevant DARAB Procedural Rules Provisions

Below are some standard or revised rule provisions (note that numbering may vary in different issuances of the Revised DARAB Rules of Procedure):

Rule II (Jurisdiction of the Board): Establishes DARAB’s power to hear agrarian disputes.
Rule III (Parties): Identifies who may be parties and how they are to be represented.
Rule IV (Pleadings and Appearances): Often outlines that appearances must be done by counsel, or by non-lawyers duly authorized under these rules, including the submission of a written authority to represent.
Rule X (Conduct of Hearing): Details the quasi-judicial nature of the hearing, allows flexible application of technical rules of evidence, and underscores that representation can be by accredited non-lawyers.

The DARAB Rules are updated from time to time, so practitioners must check the most current versions or amendments, which are typically posted on the Department of Agrarian Reform’s official website or issued as DAR Administrative Orders.

6. Practical Application and Procedure

6.1. Filing a Case or Answer

When a complaint or a petition is filed before the DARAB, the petitioner may file it pro se (in person) or through counsel.
If the petitioner is represented by a non-lawyer, the non-lawyer must attach the written authority (e.g., SPA or letter of authority from an organization or cooperative).

6.2. During Preliminary Conferences or Mediation

DARAB often conducts preliminary conferences or mediation to explore settlement. Non-lawyer representatives may actively participate in these proceedings, provided they have the required authority.

6.3. Appearance in Hearings

In the event of a full-blown trial or hearing, non-lawyers can appear, present witnesses, examine and cross-examine them (within the scope allowed by the Adjudicator), and file necessary motions or pleadings specifically under DARAB’s rules.

6.4. Appeals and Motions

Non-lawyers may also handle motions for reconsideration or interlocutory motions before DARAB and, in some cases, facilitate or assist in the filing of appeals with the DARAB’s appellate board.
However, if a party appeals the DARAB decision to the Office of the President or ultimately to the regular courts (e.g., Court of Appeals) via Rule 43, the rules on representation in judicial courts typically require a licensed attorney to sign and file pleadings before the judiciary.

7. Jurisprudence and Key Supreme Court Pronouncements

Over the years, the Supreme Court has issued rulings clarifying the scope of non-lawyer appearances in administrative bodies, including:

Batiquin v. Court of Appeals: Reiterated that the strict rules on unauthorized practice of law apply in regular courts but may be relaxed before quasi-judicial agencies, subject to their internal rules.
National Labor Relations Commission (NLRC) Decisions: Although NLRC rulings pertain to labor law, they influence how the principle of allowing non-lawyer representatives to appear in quasi-judicial bodies is interpreted, citing the same social justice considerations.
Decisions Involving DARAB: While there may not be as many leading Supreme Court cases specifically on non-lawyer representation in DARAB as in labor disputes, the same rationale applies—to ensure access to justice for agrarian reform beneficiaries.

8. Effects of R.A. No. 9700 on DARAB and Representation

R.A. No. 9700 mainly extended the acquisition and distribution of agricultural lands and strengthened the implementation mechanisms of agrarian reform.
It reemphasized the crucial role of DARAB in swiftly resolving agrarian conflicts, which logically supports the existing policy of allowing non-lawyers to assist farmers, tenants, and other beneficiaries who might otherwise be unrepresented.
It did not radically change the core rules on representation but reinforced the imperative for accessible adjudication and streamlined procedures in agrarian cases.

9. Summary of Key Points

DARAB as a Quasi-Judicial Body: It has flexible procedural rules to accommodate the needs of farmers and tenants.
Non-Lawyer Appearance: Permissible under the Revised DARAB Rules of Procedure, subject to accreditation, written authority, and adherence to ethical standards.
Scope of Authority: Non-lawyers may conduct direct and cross-examination, file pleadings, and negotiate on behalf of the party only within the DARAB setting.
Limitations:
- Cannot appear in regular courts as counsel.
- Must avoid the unauthorized practice of law by strictly limiting activities to DARAB proceedings and tasks allowed by DARAB rules.
Objective: Ensuring access to agrarian justice and minimizing legal costs for landless farmers and agrarian reform beneficiaries.

10. Practical Tips and Reminders

Check Current DARAB Rules: DAR may issue administrative orders or circulars revising or clarifying rules on non-lawyer representation.
Secure Proper Authority: Non-lawyers must always carry a Special Power of Attorney or a resolution from the organization/cooperative.
Maintain Ethical Standards: Even though non-lawyers are not members of the Philippine Bar, they are expected to observe honesty, integrity, and good faith.
Coordinate with DAR Offices: For accreditation or guidance, non-lawyer representatives can coordinate with DAR legal assistance units or paralegal training programs.
Seek Lawyer Assistance When Needed: If a case escalates to regular courts (e.g., for judicial review of DARAB decisions), it is essential to retain counsel admitted to the Bar.

Conclusion

Authorized representation by non-lawyers before the DARAB is designed to uphold social justice, enhance access to justice, and provide an affordable and timely resolution to agrarian disputes. While R.A. No. 6657, as amended by R.A. No. 9700, focuses largely on land acquisition and distribution, it underscores the continued importance of the DARAB’s quasi-judicial powers and reinforces the necessity for flexible representation rules.

Non-lawyer representatives—such as paralegals, accredited farmer organization officers, and other duly authorized individuals—are thus integral in ensuring that agrarian reform beneficiaries can effectively assert their rights without prohibitive legal costs. However, such representation must be accompanied by strict adherence to the limitations set by law and the ethical standards governing quasi-judicial proceedings.