Scope and Applicability
- Applies to all ALI cases, adjudicable matters, and referred cases requiring determination of agrarian nature by DAR offices.
- Covers operational matters requiring oath administration within the DAR agrarian reform implementation.
- Explicitly excludes DARAB cases and APFUs related oaths.
Authorized Persons to Administer Oaths in ALI Cases
- Secretary, Undersecretary, Assistant Secretary for Legal Affairs.
- Director and Assistant Director of Bureau of Agrarian Legal Assistance.
- Executive Director of Center for Land Use Planning and Policy Implementation.
- Director of Legal Service, Regional Directors, Provincial Agrarian Reform Officers.
- Other DAR personnel may be authorized in writing for specific investigations or proceedings.
Oath or Affirmation to be Administered
- Oath or affirmation must be administered before ocular inspections, hearings, or proceedings.
- Prescribed oath includes a sworn statement to tell the truth; affirmation omits religious phrase.
- For documentary submissions like position papers, a jurat must be executed by the administering officer.
Documentation of Testimonies
- Oral sworn testimonies must be recorded in writing and supported by video or audio recordings.
- A sworn affidavit by the recording staff must affirm the recording's authenticity.
- Minutes of proceedings to be signed and certified by relevant officials and representatives.
- Records (minutes, recordings, transcription) must be preserved securely to maintain integrity and authenticity.
Persons Authorized for Oaths in Operational Matters
- Regional and Provincial Agrarian Reform Adjudicators (RARADs and PARADs).
- Legal Division Chiefs of DAR Regional and Provincial Offices.
- Limited authority to administer oaths for operational purposes only.
Authority and Procedure for Oath Administration in Operational Matters
- Oaths or affirmations pertain to affidavits or sworn certifications necessary for DAR operations.
- Requirements for administration include personal appearance, proper identification, and lawful avowal of truth.
- DAR administration of oath does not certify the content’s truthfulness or legal propriety.
Oath Day Provisions
- DARAB will designate two half-days each month, not less than 14 days apart, exclusively for oath or affirmation administration by RARADs and PARADs.
- Oath or affirmation services during these times are free of charge and pertain to operational needs.
Register of Oaths
- Authorized officers must maintain a chronological, permanently bound register with numbered pages.
- Bureau of Agrarian Legal Assistance (BALA) provides the register books upon request.
- Each oath entry must include detailed information such as date, time, oath taker’s details, proof of identity, location, and relevant circumstances.
- Reasons for incomplete oath administration and requests for inspection of the register must be recorded.
- Monthly certification of oaths administered or none must be entered in the register.
- Filled registers are to be submitted to BALA for safekeeping.
Fees and Administrative Penalties
- Oaths administered under this Order shall be free of charge.
- Any DAR officer charging for administering oaths is subject to administrative penalties.
Separability Clause
- Unconstitutional provisions do not affect the validity of the rest of the Rules.
Effectivity
- Immediate effectivity upon signing by the DAR Secretary.
- Requires publication in two newspapers of general circulation to inform the public.