Current Administrative Orders and Issues
- Existing DAR Administrative Orders regulate voluntary and involuntary cancellation processes but identified as cumbersome and delaying.
- Overlapping interlocutory orders from multiple offices causing delays.
- Voluntary withdrawal cases unnecessarily escalated, clogging docket.
- Losing parties in Agrarian Law Implementation (ALI) cases can re-litigate through cancellation petitions, resulting in duplicative proceedings.
- Heir qualification and ownership transfer responsibilities improperly assigned to DAR rather than the Register of Deeds, delaying cancellations.
- Procedural layering for correction of technical errors in titles involves multiple agency reviews causing inefficiency.
Section 1. Coverage
- Applies to cancellation cases of EPs, CLOAs, or other agrarian reform titles arising from:
- Cases with final and executory ALI decisions and no unresolved issues.
- Cases voluntarily withdrawn by parties.
- Cases involving correction of technical descriptions without disputes over ownership or land coverage.
- Cases with approved land transfer clearances pertaining to sale, donation, assignment, succession, or other conveyances approved by DAR.
Section 2. Processing of Cases
- Cancellations commenced by application using standardized Cancellation Form No. 1.
- Applicants must certify truthfulness and submit supporting documents depending on case grounds:
- Final and executory ALI decisions require certificate of finality and certified decision copy.
- Voluntary withdrawal cases require motion signed by parties and counsel.
- Transfer cases require valid DAR transfer clearance.
- Correction cases require correct technical description from DENR certification and PARPO II report.
- Certified true copy of the title and proof of owner’s receipt of application form must be included.
- Filing of application with Provincial Agrarian Reform Program Officer II (PARPO II) where property is located.
- PARPO II responsible for initial verification; application rejected if incomplete or unsigned.
- PARPO II issues acknowledgment with application number.
- Submission routes differ:
- ALI-based, voluntary withdrawal, and transfer cases forwarded to Undersecretary for Legal Affairs Office (ULAO) with PARPO II recommendation.
- Correction of entries cases forwarded to Undersecretary for Field Operations Office (UFOO) with recommendation.
- ULAO or UFOO reviews, prepares Order of Cancellation (Cancellation Form No. 4), sent to DAR Secretary for final approval.
- DAR Secretary’s approved Order issued to PARPO II and parties affected.
- PARPO II implements cancellation as instructed.
- Aggrieved parties may seek revocation of the Order of Cancellation only on grounds of extrinsic fraud, lack of jurisdiction, or denial of due process.
- Revocation application filed with ULAO and decided by DAR Secretary.
Section 3. Transitory Provisions
- Pending cancellation petitions with final and executory ALI decisions transferred to PARPO II for processing under these rules.
- Pending cases with unresolved ALI issues are processed as ALI cases.
- Pending cases before Bureau of Agrarian Legal Assistance (BALA) or ULAO handled similarly.
Section 4. Repealing Clause
- Repeals and modifies previous DAR administrative orders on cancellation including A.O. Nos. 6 (2011), 7 (2014), 1 (2017), and others inconsistent with this Order.
Section 5. Separability Clause
- Unconstitutional provisions shall not affect validity of other provisions.
Section 6. Effectivity Clause
- The administrative order takes effect ten days after publication in two newspapers of general circulation.