Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 05, S. 2011)
Its purpose is to specify the persons authorized to administer oaths in Agrarian Reform Law Implementation cases under Section 50 of RA 6657, as amended, and to provide guidelines for the administration of oaths in such cases.
They apply to all Agrarian Reform Law Implementation cases, all other matters requiring determination of agrarian nature by DAR offices, and operational matters of DAR requiring oaths, except cases under the jurisdiction of the DAR Adjudication Board or related to Applications for Purchase and Farmers' Undertakings.
The Secretary, Undersecretary and Assistant Secretary for Legal Affairs, Director and Assistant Director of the Bureau of Agrarian Legal Assistance, Executive Director of CLUPPI, Director of the Legal Service, Regional Directors, and Provincial Agrarian Reform Officers.
Yes, they may be authorized on a written, per investigation, hearing, or proceeding basis by persons named in Section 3.1, specifying the particular matter or case.
The oath is: "I _____________________ , of legal age, _________________ (civil status), residing at __________________________________ do hereby swear to tell the truth and nothing but the whole truth. So help me God." If affirmation is chosen, the last sentence is omitted.
They must be reduced into writing by an assigned DAR staff member and covered by video or audio recording, followed by an affidavit attesting to the authenticity of the recording. Minutes of proceedings must be signed by involved parties, and such documents form part of the case records.
Regional Agrarian Reform Adjudicators (RARADs), Provincial Agrarian Reform Adjudicators (PARADs), and Legal Division Chiefs of DAR Regional and Provincial Offices.
The person must appear in person before the officer, be personally known or identified through competent evidence, and avow under penalty of law the truthfulness of the affidavit or certification.
No. All oaths administered pursuant to this Administrative Order shall be free of charge. Charging a fee results in administrative penalties.
A chronological register of oaths in a bound book with numbered pages documenting details such as date, time, name and address of oath taker, proof of identity, location, and other relevant information must be maintained.