Question & AnswerQ&A (DAR Administrative Order No. 11, s. 2014)
DAR Administrative Order No. 11, s. 2014 governs the handling of all Petitions for Coverage under CARP.
Any case or proceeding involving the implementation of R.A. No. 6657, as amended, which remains pending on June 30, 2014, shall be allowed to proceed to its finality and be executed even beyond that date.
The Regional Director (RD) with territorial jurisdiction over the subject landholding is the proper office for the filing of Petitions for Coverage.
The filing of a verified initiatory pleading or petition, or a letter-request treated as such, commences the petition.
The petitioner must disclose under oath that he is a party-in-interest or authorized, that no other similar action or proceeding is pending or has commenced, the status of any terminated or pending actions, and agree to report any subsequently filed similar actions.
Such failure or commission shall be a ground for dismissal of the cancellation case without prejudice.
The Notice shall be served primarily by personal service; if not possible, substituted service; if addresses are unknown or extraterritorial, the notice shall be sent by registered mail or publication.
Persons authorized include the landowner, co-owners, legal guardians for minors or incompetents, persons in charge of entities without juridical personality, officers of domestic juridical entities, or heirs/executors in case of deceased landowners.
Failure to submit a Comment is deemed a waiver of the right to refute the allegations of coverage.
The RD forwards the records to the Provincial or Municipal Agrarian Reform Program Officers or investigating officers to conduct on-site inspection and investigation (OSII) and prepare a report and recommendation.
Yes, if deemed in the interest of just and expeditious resolution, especially if the landholding is already covered by issued Notices of Coverage or EP/CLOA.
Upon favorable decision, the PARPO shall immediately cover the landholding without issuance of a Notice of Coverage, pending appeal, unless suspended by a Cease and Desist Order by the Secretary.
No, filing fees for such Petitions for Coverage are waived.
No, the landowner is prohibited from filing exemption or exclusion petitions once due process has been afforded and the petition resolved.
A landowner may file a Petition for Retention and to Choose a Retention Area, nominate preferred farmer-beneficiaries, or submit a list of farmworkers/tenants within 15 days of receiving the RD's decision, and may also file an appeal from the decision.