Question & AnswerQ&A (DAR MEMORANDUM CIRCULAR NO. 02, S. 2012)
The purpose is to provide guidelines for conducting field investigations or site validations related to cases before the Department of Agrarian Reform (DAR) or the Presidential Agrarian Reform Council (PARC), ensuring the integrity and reliability of factual findings.
The guidelines apply to all field investigations, on-site validations, or ocular inspections conducted by the DAR, PARC, or their committees, teams, or task forces, except those conducted by the DAR Adjudication Board (DARAB).
An official order, memorandum, instruction, or resolution authorizing the investigation, signed by the responsible DAR or PARC official, must be issued and carried by the investigation team during the validation.
It requires that all parties and their counsel, if any, be notified in writing at least three days prior to the scheduled investigation, and the notice must also be posted on the barangay bulletin board where the landholding is located.
The Provincial Agrarian Reform Officer (PARO) and the Municipal Agrarian Reform Officer (MARO) of the place where the landholding is located must be informed and requested to be present during the investigation.
Yes, all interviews during the investigations shall be conducted under oath in accordance with DAR's rules pursuant to Administrative Order No. 5, Series of 2011.
They must ascertain personal circumstances, whether the petitioner is a CLOA holder or stockholder, proof of identity, relation to the land issue, details of complaints, evidence presented, desired case outcome, and any pending cases.
The report must include a background statement, discussion of issues and factual findings, elements of violations and proofs, photographs if necessary, and annexes such as investigation forms, documents, attendance sheets, recordings, minutes, and authority to administer oath.
PAS is requested to accompany the investigation team to document proceedings through video, audio recordings, and photographs, ensuring accurate documentation of the investigation.
The transcript must be prepared not later than twenty (20) working days from the date of the recording.
The investigation may be conducted in Filipino, English, or the local dialect as necessary, with an interpreter designated if needed.
The invalidity of any provision declared unconstitutional shall not affect the validity of the other provisions of the Circular.
It took effect and was published ten (10) days after its signing on 20 February 2012.