QuestionsQuestions (DENR MEMORANDUM CIRCULAR NO. 2000-11)
To provide guidelines on the cancellation of illegal titles based specifically on CLOAs, CLTs, and EPs issued by the DAR (DAT), including the procedure for their cancellation by directly assailing their validity in appropriate DAR quasi-judicial proceedings.
MC 2000-11 applies exclusively to illegal titles based on CLOAs, CLTs, and EPs, and provides cancellation procedures via DAR rules; MC 2000-06 covers other fake and illegal land titles disposed through different mechanisms (contrast noted in the text, particularly against filing through the Office of the Solicitor General).
Sections 49 and 50 of RA No. 6657 (CARL), and Section 34 of Executive Order (EO) 129-A in relation to Section 13 thereof, cited as providing for a quasi-judicial body with primary jurisdiction and exclusive original jurisdiction over land reform implementation matters (except those under DENR’s exclusive jurisdiction).
The Provincial Agrarian Reform Adjudication Board (PARAB), Regional Agrarian Reform Adjudication Board (RARAB), or the Department of Agrarian Reform Adjudication Board (DARAB), depending on applicable rules.
Filing a petition/complaint for cancellation with PARAB/RARAB/DARAB, directly assailing the validity and legality of the title.
The Provincial Environment and Natural Resources Officer (PENRO), the Assistant Regional Executive Director for Legal (ARED), or the Regional Executive Director may initiate the action by filing a sworn complaint or petition.
The complainant or counsel can sign the complaint.
Supporting papers such as affidavits of witnesses and documentary evidence, including items like a land classification map, extensive proclamation, forestry administrative order, and other relevant documents.
Venue is in the province where the land is located. However, upon request of parties for compelling reasons, the RARAB or the Board may transfer or change the place of hearing to another place.
Issuance of summons with copy of the complaint and annexes/attachments, and simultaneous notice of hearing requiring parties to appear.
A sworn answer must be filed within ten (10) days from receipt of the complaint. No default is allowed in case of failure to answer.
Non-litigious in nature; technicalities of law, rules, and procedures shall not apply as long as due process is observed.
Within ten (10) days from termination of the hearing, parties simultaneously submit memorandum/draft decision; thereafter, the case is deemed submitted for decision.
The board shall render its decision within fifteen (15) days from submission for decision and within sixty (60) days from filing of the complaint. Unless appealed, the decision becomes final within fifteen (15) days from receipt of copy.
Filing a motion for reconsideration suspends the running of the period for appeal; it resumes upon receipt of the order of denial.
Appeal may be made to the Court of Appeals within fifteen (15) days from receipt of the decision. The decision of the Department of Agrarian Reform is immediately executory notwithstanding the appeal.
Concerned offices must inventory and document cases for cancellation of illegal/irregular CLOAs, CLTs, or EPs while observing guidelines on disposition of cases for cancellation. Copies of complaints filed must be furnished to the Office of the Assistant Secretary for Lands and Legislative Affairs as Chair of the Task Force on Anti-Fake and Illegal Titles.