Question & AnswerQ&A (DAR Administrative Order No. 04, s. 2015)
The rules of procedure apply to all cases involving the involuntary cancellation of registered Emancipation Patents (EPs), Certificates of Land Ownership Award (CLOAs), and other titles issued pursuant to any agrarian reform program, except in specific instances outlined in the Order.
The Sheriff’s report must include: (1) the date and time the Notice was served or attempted to be served, (2) the mode of service used, (3) the name of the person who received the Notice and their identification, (4) information on substituted service, if applicable, (5) failure of personal or substituted service, and (6) transmittal to the Barangay Secretary.
Notices, proof of service and receipt of said notices, and the report of the Sheriff to the PARAD must be included.
The BALA shall conduct review, evaluation, and thorough assessment of the entire case records and prepare its findings and recommendations to be transmitted to the Legal Affairs Office (LAO).
The LAO conducts its own review, evaluation, and thorough assessment of the entire case records and prepares its findings and recommendations after the BALA's submission.
Section 27 is repealed according to Section 7 of the administrative order.
The DAR Undersecretary or Assistant Secretary for Legal Affairs may conduct such hearings. Additionally, the Legal Division Chief of the Provincial or Regional Office or the PARAD or RARAD concerned may be authorized to conduct these hearings if deemed necessary by the Undersecretary or Assistant Secretary.
Upon the completion of its review, findings, and recommendations, the LAO shall transmit the case folder together with the recommendations to the DAR Secretary.
Certified true copies of the final and executory Order and Resolution of the DAR Regional Director, DAR Secretary, or the courts; original or certified true copy of the Certificate of Finality; and certified true copy of the EPs, CLOAs, or any other titles sought to be cancelled.
Yes. Sections 3 and 4 shall not apply to pending cases where Notices to Comment have already been served at the time of effectivity, unless the Undersecretary or Assistant Secretary of Legal Affairs requires reissuance or repeat service.
The Administrative Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation.
To repeal or modify all previous orders, circulars, rules, regulations, and issuances or portions thereof that are inconsistent with this Administrative Order.
If any provision of the Administrative Order is declared unconstitutional, such declaration shall not affect the validity of other provisions not affected by the ruling.