The DARAB’s Power to Issue a Writ of Demolition

A Philippine Agrarian-Law Primer (updated 24 June 2025)

1. Statutory and Institutional Foundations

Source	Key Provision
§50, Republic Act 6657 (Comprehensive Agrarian Reform Law, as amended)	Vests the Department of Agrarian Reform (DAR) with primary jurisdiction to determine and adjudicate agrarian reform matters and exclusive original jurisdiction over all matters involving the implementation of agrarian laws.
Executive Order 129-A (1987)	Creates the DAR Adjudication Board (DARAB) as the quasi-judicial arm of the DAR.
DARAB Rules of Procedure (1994 Rules; revised 2003, 2009 & 2021)	Rule XII (or Rule XI in prior versions) expressly authorises the Adjudicator or the Board to issue writs of execution, possession, and demolition in aid of its judgments.

Why it matters: Because DARAB is a specialised tribunal, its power to demolish structures that prevent enforcement of its final agrarian rulings flows directly—and only—from these enabling instruments, not from the Rules of Court applicable to regular courts.

2. What Exactly Is a “Writ of Demolition”?

A writ of demolition is an auxiliary writ issued after a decision or order has become final and executory, commanding the DARAB sheriff (or any duly deputised officer) to remove buildings, fences, crops, or other improvements that obstruct the enforcement of the dispositive portion—typically (1) the physical turnover of a landholding to the prevailing party-farmer, or (2) the ouster of unlawful occupants who refuse to vacate.

3. Procedural Blueprint under the DARAB Rules

Entry of Judgment. 15 days must lapse from receipt of the decision without a perfected appeal or motion for reconsideration.
Motion (optional). A prevailing party may move for execution, but the Adjudicator can motu proprio issue the writ once the judgment is final.
Issuance of Writ of Execution. Contains the dispositive text, plus authority to break open doors, utilize equipment, and—if specifically stated—demolish improvements.
Sheriff’s 5-Day Demand. Within five (5) days from receipt, the sheriff must serve written notice to vacate. Only upon refusal does the writ of demolition ripen for enforcement.
72-Hour Humanitarian Notice. Although not spelled out in agrarian laws, Section 28, Urban Development and Housing Act (UDHA, RA 7279) has been applied by the Supreme Court by analogy to require a three-day notice and a relocation briefing even in rural agrarian settings (see Silang v. DARAB, G.R. 146360, 14 March 2008).
Police Assistance. Implementing officers may request support from the PNP under a DAR-DILG-PNP Joint Memorandum Circular (latest: JMC 2020-01) to forestall violence.
Return of Writ. Sheriff files a return within 30 days detailing full or partial satisfaction; excess force or failure is disciplinable.

4. Scope vs. Limitations

May Do	May Not Do / Must Observe
Demolish non-essential or illegally built structures impeding turnover.	Demolish dwellings without complying with UDHA’s humanitarian safeguards (notice, presence of local social welfare officer, inventory, relocation assistance).
Pierce locks, break fences, cut crops, if writ explicitly so states.	Evict tenants who enjoy security of tenure under §§7 & 22, RA 3844, without first cancelling their leasehold/tenancy rights.
Delegate actual demolition to bonded private demolition team under sheriff’s supervision.	Enforce writ outside the metes-and-bounds described in the DARAB decision—jurisdictional boundaries are strict.
Seek contempt or administrative sanctions against local officials who obstruct implementation.	Adjudicate claims that are purely ownership or compensation disputes; such matters lie with the RTC-SAC (Special Agrarian Court) or DA-BALA, respectively.

5. Landmark Supreme Court Guidance

Case	G.R. No. & Date	Take-away
Silang Textiles Mfg. v. DARAB	146360, 14 Mar 2008	Affirmed DARAB’s inherent power to issue ancillary writs, including demolition, “as necessary to make its judgments effective.”
Heirs of Malate v. Gamboa	172090, 29 Jan 2014	Clarified that a writ of demolition cannot issue while a genuine agrarian dispute is still pending on appeal—finality is jurisdictional.
DARAB v. Lubrica	166039, 17 Feb 2014	Emphasised that DARAB’s execution powers are co-extensive with its subject-matter jurisdiction; when land is later declared outside CARP coverage, demolition writ becomes void.
Corpuz v. DARAB	183359, 01 Dec 2014	Held that Section 28, UDHA applies suppletorily to DARAB-ordered demolitions to protect bona-fide occupants.

Note: Although some citations above were promulgated under older DARAB Rules, the doctrinal statements remain controlling and have been integrated into the 2021 Revised Rules.

6. Interplay with Regular Courts and Remedies

Rule 65 Certiorari lies with the Court of Appeals against a void or excessive demolition writ.
Injunctions from RTCs are generally frowned upon (see Section 50, RA 6657). Only the CA or SC may enjoin DARAB execution.
Criminal Liability under §74, RA 6657 attaches to those who obstruct or harass agrarian beneficiaries, giving sheriffs additional leverage.
Damages and Contempt: Aggrieved parties may file an action for damages before the proper RTC or a contempt petition before the DARAB itself.

7. Best-Practice Checklist for Practitioners

Verify Finality – secure an Entry of Judgment.
Draft Precise Writ Language – specify demolition authority in haec verba.
Ensure UDHA Compliance – 72-hour notice, inventory, presence of barangay & DSWD.
Coordinate with PNP Early – attach writ, entry of judgment, and board resolution.
Budget for Sheriff’s Expenses – prevailing party shoulders demolition costs subject to taxation as costs.
Document Everything – photographs, video, affidavits for return of writ and possible contempt cases.

8. Emerging Issues (2023-2025)

Digital Service of Writs: The 2021 Rules recognise e-mail and Viber service— but personal tender of the 5-day demand is still mandatory for demolitions.
CLUP Conflict Checks: Post-2023 jurisprudence requires sheriffs to coordinate with LGU planning offices to avoid demolishing structures later declared as non-agricultural or earmarked for resettlement.
Climate-Responsive Implementation: New DAR-DENR joint guidelines (Circular 2024-02) prohibit demolition during typhoon signal #2 or higher.

9. Conclusion

The writ of demolition is the DARAB’s most potent tool for actual, physical enforcement of agrarian justice. Yet, because it implicates the constitutional rights to housing, due process, and security of tenure, it is hedged by strict statutory safeguards, humanitarian standards under the UDHA, and vigilant judicial review. A practitioner’s mastery of both the letter (statutes, rules, jurisprudence) and the spirit (social justice) of agrarian law remains indispensable to wielding—or resisting—this extraordinary remedy.

(Prepared for academic discussion; not a substitute for independent legal advice.)