QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 06, S. 2000)
It is issued to foster a just, inexpensive, and expeditious determination of agrarian law implementation (ALI) cases by setting rules of procedure for adjudication consistent with Sections 49 and 50 of RA 6657.
They are matters within the exclusive jurisdiction of the DAR Secretary, including (among others) land classification/identification for CARP coverage and protests or lifting of coverage; qualification/disqualification of potential farmer-beneficiaries; subdivision surveys; issuance/recall/cancellation of CLTs and CBCs (outside PD 816 coverage); right of retention; exemptions; conversions to non-agricultural uses; homelots; disposition of excess area; transfer/surrender/abandonment of farmholding; increase of awarded area; and conflict of claims in landed estates and settlements.
Those within the exclusive original jurisdiction of the DAR Adjudication Board (DARAB), such as rights and obligations of parties engaged in management/cultivation; land valuation and lease rental disputes involving LBP; annulment/cancellation of lease contracts/deeds of sale involving DAR/LBP administration; disputes involving farmers’ associations/organizations related to CARP; sale/alienation/mortgage/foreclosure/pre-emption/redemption; and issuance/correction/cancellation of CLOAs/EPs that are already registered.
Under Rule I, Sec. 4, the DARAB official must refer the case to the proper DAR office for appropriate action within five (5) days after determining that it is within the jurisdiction of the Secretary.
The DAR shall not be bound by technical rules of procedure and evidence, and it must proceed in the most expeditious manner to ascertain the facts through reasonable means in accordance with justice and equity and the merits of the case (reflecting Section 50 of RA 6657).
The Secretary has exclusive original jurisdiction over all cases involving agrarian law implementation as enumerated in Rule I, Section 2. This may be delegated to certain DAR officials.
The Regional Director (RD) exercises primary jurisdiction.
For lands reclassified to non-agricultural use before June 15, 1988 (effectivity of RA 6657), the Secretary handles exemption clearances if the area is more than five (5) hectares; for five (5) hectares and below, Regional Directors handle the clearance.
They must be filed within thirty (30) days from receipt of the Notice of Coverage; failure to file within the period is deemed waiver. If filed after the period, the protest/petition is not entertained or summarily dismissed, except for limited exceptions stated in the rule (e.g., allegations of exemption under DOJ Opinion No. 44 as implemented, or exemption based on evaluation despite issuance of notice).
The notice must be effected through publication in a newspaper of national circulation; the 30-day period commences from the date of publication.
(1) If filed before issuance of notice, the notice shall not be issued until the application/petition is finally resolved. (2) If filed after issuance and claimfolder is pending with DAR, DAR may proceed with processing per DAR AO No. 2 (1996), but PARO may suspend processing if review shows it is exempt/excluded; otherwise forward to LBP. (3) If filed where claimfolder is pending with LBP, LBP continues processing compensation, but COD is not issued to PARO until the petition is finally resolved.
Mediation/conciliation, where required or deemed necessary, must be conducted within fifteen (15) days from filing, with assistance of the Barangay Agrarian Reform Committee (BARC). Parties must be notified by proof of service (personal delivery) or registered mail with return card.
Generally: (1) MARO conducts investigation; (2) notice of summary investigation issued within 10 days from termination of mediation/conciliation or from receipt of the petition; (3) ocular inspection when necessary (with BARC representative if parties refuse); (4) summary investigation within 10 days from ocular inspection; (5) MARO submits Field Investigation Report to PARO within 15 days from termination of summary investigation; (6) PARO submits to RD within 10 days from receipt of the FIR.
They can summon witnesses; require submission of reports; compel production of books/documents and answers to interrogatories; issue subpoenas and subpoena duces tecum; and punish direct and indirect contempt similar to the Rules of Court.
In cases where grave/irreparable damage will result, or acts will render the case moot, or to maintain peace and order/prevent injury or loss of life/property, the Regional Director or DAR official with jurisdiction may issue a Cease and Desist or Status Quo Order motu proprio or at the instance of a party pending resolution, and may request law enforcement assistance.
A party may file a written motion for reconsideration within 15 days from receipt, furnishing a copy to the adverse party; it suspends the period to appeal. Only one motion is allowed. The RD/approving authority must resolve it within 15 days from receipt. If denied, the adverse party appeals within the remaining period; if reversed, the aggrieved party has 15 days from receipt of the reversal to appeal.
Grounds: (1) grave abuse of discretion; (2) decision obtained through fraud, coercion, or graft/corruption; or (3) errors in findings of fact or conclusions of law causing grave and irreparable damage if not corrected. The appeal must be filed within 15 days from receipt of the decision/order.
Appeal generally stays the order when appealing to the Secretary unless the Secretary directs execution pending appeal. For appeal to the Court of Appeals, Section 50 of RA 6657 applies: the DAR decision is immediately executory notwithstanding the appeal to the Court of Appeals.