QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 09)
Its main purpose is to authorize all Regional Directors (RDs) to hear and decide protests involving coverage under R.A. No. 6657 or P.D. No. 27, and to define the appeal process from the Regional Directors to the Secretary, in order to expedite land distribution under agrarian reform.
All Regional Directors (RDs) are authorized to hear and decide all protests involving coverage under R.A. No. 6657 or P.D. No. 27.
A protest occurs when a landowner files a written objection to the initial activities undertaken by the DAR to bring a property under the agrarian reform program, such as the issuance of Notice of Coverage or Notice of Acquisition. Protests may be based on exemptions, exclusions, retention, or other grounds provided by law, and also include protests by farmers who believe they have priority rights over those previously identified as beneficiaries.
Protests shall be filed with the Municipal Agrarian Reform Officer (MARO) or the Provincial Agrarian Reform Officer (PARO) processing the claim folder.
After a protest is filed, the MARO or PARO shall comment on the protest and submit it to the Regional Director who will rule on the matter.
The aggrieved party may file a written motion for reconsideration within fifteen (15) days after receipt of the decision. If the motion is denied, they may appeal to the Secretary within the remainder of the appeal period.
The grounds include grave abuse of discretion by the RD, decisions obtained through fraud, coercion or graft and corruption, or errors in findings of fact or conclusions of law that would cause grave or irreparable damage if not corrected.
An appeal must be in the form of a memorandum filed with the RD within fifteen (15) days after receipt of the order or decision, may include a draft decision desired by the appellant, and requires payment of a P500.00 appeal fee unless the appellant is a pauper litigant.
The complete records, including notices, decisions, and hearing minutes, must be transmitted to the Bureau of Agrarian Legal Assistance (BALA) immediately after compliance with appeal requisites. The RD may also submit comments on the appeal.
Yes, an appeal may be withdrawn at any time before promulgation of the resolution, order, or decision, except when withdrawal would prejudice the public interest.
The Secretary shall render a decision within thirty (30) days after receipt of the appeal.
Only one motion for reconsideration is allowed.
It takes effect ten (10) days after its publication in two newspapers of general circulation.
The RD shall order execution of the decision.
Portions of Memorandum Circular No. 5-87 and other previous issuances inconsistent with this order are modified or repealed accordingly.