Title
Amendments to DAR Admin Order No. 7, Series 2014
Law
Dar Administrative Order No. 04, S. 2015
Decision Date
May 28, 2015
Amendments to Administrative Order No. 7, Series of 2014 aim to improve the efficiency of case decision procedures, including changes to coverage, requirements for certified true copies, reporting requirements for the Sheriff, review process by the BALA and LAO, conduct of clarificatory hearings, transmittal of case folders to the DAR Secretary, transitory provisions for pending cases, and repeal or modification of inconsistent orders, circulars, rules, and regulations.

Requirements for Documentation in Case Proceedings

  • Must include certified true copies of the final and executory orders or resolutions from the DAR Regional Director, DAR Secretary, or courts.

Duties of the Sheriff in Service of Notice

  • Sheriff must submit a detailed report to the Provincial Agrarian Reform Adjudication Board (PARAD) on the mode of service used.
  • Report must include date, time, mode of service (personal, substituted, registered mail if abroad, or publication), identity of recipient, their relation to the residence or office, and any failure of personal or substituted service.

Documentation Obligations Related to Notices and Titles

  • Requires submission of notices, proof of service and receipt, sheriff’s report, and certified true copies of EPs, CLOAs, or other related titles.

Role of the BALA in Case Review

  • The Board of Agrarian Law Application (BALA) must conduct comprehensive review and assessment of case records.
  • BALA is responsible for preparing findings and recommendations forwarded to the Legal Affairs Office (LAO).

Role of the Legal Affairs Office (LAO) in Case Review

  • LAO performs its own thorough review and assessment of case materials.
  • Prepares its independent findings and recommendations following the BALA review.

Repeal of Previous Provisions

  • Section 27 of the original Administrative Order No. 7, Series of 2014, is repealed to streamline procedures.

Conduct of Clarificatory Hearings

  • DAR Undersecretary or Assistant Secretary for Legal Affairs authorized to conduct hearings for clarifications.
  • May issue interlocutory orders and request additional evidence.
  • Hearing may also be conducted by designated legal officers at provincial or regional levels.
  • Official records from hearings become part of the case folder.

Transmittal of Case Folder and Recommendations

  • Upon completion, LAO transmits the case folder and findings to the DAR Secretary for final disposition.

Additional Required Documents in Cancellation Proceedings

  • Requires certified true copies of the final/executory orders, certificates of finality, and the titles sought to be cancelled.
  • Includes compliance checks such as disclosure statements and verification of petitions.

Transitory Provisions for Pending Cases

  • Sections on service of notices do not apply to pending cases where notices have already been served unless re-service is ordered.
  • Other provisions apply to all pending cases under the original order.

Repealing Clause

  • All inconsistent orders, circulars, rules, or issuances are repealed or modified accordingly.

Separability Clause

  • Unconstitutionality of any provision does not affect the remainder of the order.

Effectivity Clause

  • The order takes effect ten (10) days after publication in two newspapers of general circulation.

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