Definition of Protests against Coverage
- Protests occur when landowners file written objections to DAR's initial coverage activities such as Notice of Coverage or Notice of Acquisition.
- Grounds for protests include exemptions, exclusions, retention, and other legal bases.
- Protests also include written claims by farmers asserting priority rights over identified beneficiaries.
Procedure for Filing and Deciding Protests
- Protests shall be filed with the Municipal Agrarian Reform Officer (MARO) or Provincial Agrarian Reform Officer (PARO) handling the claim.
- MARO or PARO must comment on the protest and forward it to the RD for ruling.
- Parties dissatisfied with the RD's decision may file a motion for reconsideration within 15 days, which suspends the appeal period.
- The RD must rule on the motion; denial allows appeal within the remaining appeal period; reversal restarts a 15-day appeal period.
- Absent an appeal, the RD shall order execution of the decision.
Grounds and Requisites for Appeal
- Appeals to the Secretary must be filed within 15 days of receiving the RD’s decision.
- Grounds for appeal include:
- Grave abuse of discretion by the RD.
- Decision obtained by fraud, coercion, or graft.
- Errors in findings of fact or law causing grave and irreparable damage.
- Appeal must be in memorandum form submitted to the RD and may suggest a draft decision.
- A filing fee of P500 is required, except for pauper litigants.
Transmission and Handling of Appeal Records
- Complete case records must be immediately transmitted to the Bureau of Agrarian Legal Assistance (BALA) after appeal requirements are met.
- The RD may submit comments on the appeal.
- Appeals may be withdrawn before resolution issuance unless public interest is affected, with the case reverting to its prior status.
Decision Making and Further Motions
- The Secretary shall decide within 30 days after receiving the appeal.
- Only one motion for reconsideration is allowed; its denial permits appeal within the remaining period.
- A reversed decision on reconsideration affords a fresh 15-day appeal period.
Repealing Clause
- Inconsistent parts of Memorandum Circular No. 5-87 and other prior issuances are modified or repealed accordingly.
Effectivity
- The Order takes effect 10 days after publication in two newspapers of general circulation as per Section 49 of R.A. No. 6657.