QuestionsQuestions (DAR MEMORANDUM CIRCULAR NO. 02, S. 2012)
It provides guidelines to ensure the integrity and reliability of factual findings arising from DAR/PARC field investigations, on-site validations, or ocular inspections involving agrarian reform cases or matters.
Covered are field investigations/on-site validations/ocular inspections by DAR, PARC, or their teams/committees/task forces; excluded are investigations conducted by the DARAB.
All interviews made during the investigations shall be done under oath, consistent with DAR Administrative Order No. 5, Series of 2011 on administering oaths.
It must have an official order, memorandum, instruction, or resolution signed by the responsible DAR or PARC official authorizing the on-site validation/field investigation/ocular inspection.
They must always bring a copy of the authorizing order/memorandum/resolution/instruction to prove they are duly mandated to conduct the activity.
Notice of the on-site validation must be served on all parties at least three (3) days prior to the scheduled investigation.
It must state the date, place, and time of the validation, the name of the office conducting the same, and request concerned parties to prepare and submit relevant documents/evidence.
It must be posted at the barangay bulletin board where the landholding is located by the MARO, with a copy furnished to the BARC chairperson. The PARO and MARO must also be informed and requested to be present.
The notice must be signed by the head of the team. As much as practicable, all parties and their counsel, if any, must be notified.
The team must hold a preliminary organizational meeting/briefing on the issues surrounding the investigation, elements of the violation, and area dynamics, prepared by the designated office such as BALA, SCS, NAEC, or PARC Secretariat.
The DAR Public Affairs Staff (PAS) should accompany and document the investigation via video/audio recording and/or photographs; if PAS is not available, the team must ensure recording is done.
The investigation team must ensure video/audio recording of its proceedings is undertaken.
The team must designate the team leader, minutes taker, and interpreter if necessary. The MARO concerned should join the validation as much as practicable due to local knowledge.
Filipino, English, or the local dialect.
Petitioner personal circumstances and identity proof; whether the farmer is a CLOA holder/stockholder; relationship to the issue/land; bases/details of the complaints and alleged violation elements with presented evidence; desired case outcome; and any pending cases.
Respondent personal circumstances and identity proof; authority to give statements; comment on the petition/complaint; defenses/counter-arguments/evidence presented; and any pending cases.
Validate the area by determining number of farmworkers and their status (petitioners vs others; employed or not), residence and living conditions; and farm size/status, identity of occupants, crops/farm activities, surrounding area conditions, and nature/identity of structures present.
Minutes must be prepared and signed by the interviewees/parties present and include attendees, issues raised, agreements/disagreements, deliverables, follow-up actions, and details of what transpired. A transcript of video/audio must be prepared within 20 working days, with an affidavit by the recorder that the recording has not been altered and the transcript accurately reflects proceedings.
It must be submitted within 30 working days from completion of the validation. It must include: (I) Background; (II) Discussion with factual findings and elements of violations/proof with relevant document quotations/pictures if needed; and (III) Annexes including forms, list of submitted documents, attendance sheet, recording discs/tapes and printed photos, minutes, authority to administer oath, and other pertinent documents.