Question & AnswerQ&A (ADMINISTRATIVE ORDER NO. 2)
The main purpose of Administrative Order No. 2, series of 2018 is to provide omnibus summary rules for the cancellation cases of Emancipation Patents (EPs), Certificates of Land Ownership Award (CLOAs), and other titles issued under any Agrarian Reform Program to streamline and expedite the processing of such cases.
Republic Act No. 6657 as amended by RA No. 9700, Executive Order No. 229, Presidential Decree No. 27, Executive Order No. 228, Republic Act No. 3844 as amended by RA No. 6389, and other agrarian laws.
Section 9 states that the EPs, CLOAs, and other agrarian reform titles shall be indefeasible and imprescriptible after one year from registration with the Registry of Deeds, subject to conditions and qualifications under the Act and other laws.
1) Cases where ALI decisions are final and executory; 2) Cases where petitioners or parties wish to withdraw; 3) Cancellation cases correcting erroneous technical descriptions without affecting ownership or land coverage; 4) Cancellation cases arising from approved land transfer clearance (sale, donation, assignment, succession, or conveyance).
Cancellation cases must be commenced by filing an application using Cancellation Form No. 1, rather than by petition.
A Certificate of Finality of the ALI Decision and a certified true copy of the final and executory decision, both issued by the court or office which rendered the decision.
The PARPO II receives the application, verifies correctness and completeness of documents, assigns a cancellation application number, issues an acknowledgment receipt, and forwards the application and recommendations to the appropriate Undersecretary's Office for review and approval.
They prepare the Order of Cancellation of Title (Cancellation Form No. 4) with instructions for implementation, which is then submitted to the Office of the DAR Secretary for final approval.
This Administrative Order modifies prior rules including DAR AO 8 1995 (as amended), DAR AO 6 2011, DAR AO 7 2014, DAR AO 1 2017, and DAR AO 6 2014, and repeals inconsistent provisions to streamline cancellation procedures.
Petitions based on final and executory ALI judgments pending before PARAD are transferred to the PARPO II for processing under these omnibus rules; those with unresolved ALI components remain under applicable ALI rules with notice to all parties.