Question & AnswerQ&A (DENR MEMORANDUM CIRCULAR NO. 2000-11)
The main purpose is to provide guidelines for the cancellation of illegal titles based on Certificates of Land Ownership Awards (CLOAs), Certificates of Land Transfer (CLTs), and Emancipation Patents (EPs) issued by the Department of Agrarian Reform (DAR), especially those covering forest lands, parks, reserved areas, and other inalienable lands of the public domain.
The guidelines apply exclusively to illegal titles based on CLOAs, CLTs, and EPs issued by the Department of Agrarian Reform.
The Provincial Agrarian Reform Adjudication Board (PARAB), Regional Agrarian Reform Adjudication Board (RARAB), or Department of Agrarian Reform Adjudication Board (DARAB) have exclusive original jurisdiction to hear and decide such cases.
The procedure involves filing a petition or complaint for cancellation with supporting documents (affidavits, land classification maps, proclamations, forestry orders, etc.) to the appropriate Adjudication Board, serving summons and notice to the respondents, allowing them to file answers, conducting hearings in a non-litigious manner, submission of memoranda, and decision rendering within specified periods.
The Provincial Environment and Natural Resources Officer (PENRO), the Assistant Regional Executive Director for Legal (ARED), or the Regional Executive Director can initiate the action by filing a sworn complaint or petition.
Answer must be filed within ten (10) days from receipt of complaint; decision must be rendered within sixty (60) days from filing and within fifteen (15) days from submission of case; appeal to the Court of Appeals must be filed within fifteen (15) days from receipt of the decision.
Yes, the decision shall be immediately executory regardless of any appeal filed to the Court of Appeals.
Yes, upon a compelling reason, the Regional or Departmental Adjudication Board may transfer or change the place of hearing of the case to another place.
The proceedings are non-litigious in nature; technical rules and procedures of law do not strictly apply as long as due process is observed.