Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 06, S. 2014)
The primary purpose is to establish rules and procedures for the cancellation of Emancipation Patents (EPs) and Certificates of Landownership Award (CLOAs) to correct erroneous technical descriptions.
These rules apply to landholdings awarded by the Department of Agrarian Reform where the technical descriptions in the EP or CLOA are erroneous and require cancellation for correction, including those with erroneous survey returns or needing survey adjustments.
The ordinary rules apply when the cancellation concerns issues about the identification of the agrarian reform beneficiary or correctness of the landholding coverage or any portion thereof.
No, these rules do not apply when cancellation would result in an increase, decrease, or change in the number of beneficiaries, except as provided in Section 8 regarding deceased original beneficiaries.
The Provincial Agrarian Reform Office is responsible for the initial determination and verification of errors in the technical description.
The report must state which portion of the technical description is erroneous, the correct entry, and the basis for the correction, and include pertinent supporting documents such as approved certified survey plans.
The beneficiaries must be informed of the error and the correct entry, and they must sign a statement indicating they fully understand and have no objection to the correction. If they object or refuse to sign, an ordinary cancellation case must be filed.
The concurrence must be signed by all heirs or a person authorized by all heirs. The new EP or CLOA will be issued in the name of the heirs of the deceased beneficiary as governed by appropriate laws.
The Regional Director of the pertinent Regional Office reviews and endorses the report to the Central Office through the Bureau of Land Tenure and Improvement (BLTI).
The BLTI conducts a thorough review, evaluation, and assessment of the report and its documents, prepares the draft cancellation order for the Secretary, and indorses the records to the Undersecretary/Assistant Secretary for Field Operations.
The Undersecretary/Assistant Secretary for Field Operations conducts a final review and endorses the draft cancellation order to the Office of the Secretary.
The DAR Secretary issues an Order and furnishes copies by registered mail to the beneficiaries, the registry of deeds, the Provincial Agrarian Reform Office, and the Regional Office.
The repeal clause repeals or amends all prior inconsistent Administrative Orders, while the separability clause ensures that if any provision is declared invalid, the rest of the order remains effective.
They took effect ten (10) days after their publication in two newspapers of general circulation.