Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 06, S. 2000)
They are called the "Rules of Procedure for Agrarian Law Implementation (ALI) Cases."
Cases include classification and identification of landholdings under CARP, identification of beneficiaries, subdivision surveys, issuance or cancellation of CLTs and CBCs, retention rights by landowners, applications for exemption under various DAR Orders, conversion of agricultural lands, homelots rights, disposition of excess land, among others strictly involving agrarian laws implementation.
Cases under the exclusive original jurisdiction of the DAR Adjudication Board (DARAB), including management and use obligations of agricultural lands, valuation of land and just compensation issues, annulment of contracts, membership in farmers' organizations, sale and alienation of lands, and issuance or cancellation of CLOAs and EPs registered with the Land Registration Authority.
The DAR Secretary has exclusive original jurisdiction, which may be delegated to other DAR officials under existing rules.
A petition must be filed within thirty (30) days from receipt of the Notice of Coverage or from the date of publication if the affected party cannot be located or refuses to receive the notice.
If filed before issuance of Notice of Coverage, the notice shall not be issued until resolution. If filed after, DAR may proceed but may suspend processing if exemption is confirmed. If the claimfolder is with LBP, processing continues but COD is withheld until resolution.
They can summon witnesses, compel submission of reports, production of documents, issue subpoenas, and punish direct and indirect contempt as provided under the Rules of Court.
They can issue Cease and Desist or Status Quo Orders to prevent grave damage, moot cases, or maintain peace and order pending resolution of the case, and may seek law enforcement assistance.
Grounds include grave abuse of discretion, fraud/coercion/graft and corruption in obtaining the order, or errors in findings or law causing grave and irreparable damage.
The appeal fee is P500.00, payable at the cashier of the concerned Regional Office.
Agricultural lessees, share tenants, actual tillers, farmworkers, and members of farmers' organizations, associations, or cooperatives are entitled to such privileges without need for further proof.
The appeal shall stay execution unless the Secretary directs otherwise considering the case's nature and circumstances.
Within fifteen (15) days from receipt of the case folder.