Cancellation Guidelines for Illegal CLOA, CLT, EP Titles

The circular addresses the rampant issuance of CLOAs, CLTs, and EPs over forest lands, parks, reserved and proclaimed areas, and other inalienable lands of the public domain.
Titles issued over these areas are treated as null and void from the very beginning due to illegal titling and connivance involving field personnel.
Because the CLOAs, CLTs, and EPs may have already been registered with the Registry of Deeds, the circular requires cancellation through direct proceedings before the DAR adjudication bodies.

Sections 49 and 50 of Republic Act No. 6657 (CARL) establish a quasi-judicial body with primary jurisdiction over land reform matters, with exclusive original jurisdiction over matters involving implementation of agrarian reform except those within the exclusive jurisdiction of the DAR and the Department of Environment and Natural Resources.
Executive Order No. 129-A, particularly Section 34 in relation to Section 13, supports the framework for quasi-judicial adjudication of agrarian reform matters.
Titles based on CLOAs, CLTs, and EPs found to cover forest, reserved, proclaimed areas, and other inalienable lands are subject to cancellation or annulment through an action for cancellation before the Provincial Agrarian Reform Adjudication Board (PARAB), Regional Agrarian Reform Adjudication Board (RARAB), or the Department of Agrarian Reform Adjudication Board (DARAB).
Cancellation of these illegal CLOA/CLT/EP-based titles is to be pursued by directly assailing validity and legality in appropriate proceedings before the DAR, rather than through the Office of the Solicitor General for other categories covered by earlier guidelines.

The circular governs the cancellation of illegal titles based exclusively on CLOAs, CLTs, and EPs.
The cancellation process applies when these agrarian reform titles cover forest lands, parks, reserved and proclaimed areas, and other inalienable lands of the public domain.
The circular applies to cases where illegal agrarian titles have been registered with the Registry of Deeds, creating the need for cancellation through adjudication.

Cancellation is effected by filing an action for cancellation with PARAB, RARAB, or DARAB corresponding to the location and the board’s authority.
The circular directs that the process must follow DAR rules and regulations for these adjudication boards.
Cancellation proceedings must target the validity and legality of the CLOA/CLT/EP covering inalienable public lands.

The action may be initiated by the Provincial Environment and Natural Resources Officer (PENRO), the Assistant Regional Executive Director for Legal (ARED), or the Regional Executive Director, by filing a sworn complaint or petition with the appropriate PARAB where the land is located.
A complainant or counsel may sign the complaint.
The venue of the hearing is set in the province where the land involved is situated.
Upon request of the parties for compelling reason, the RARAB or the Board may transfer or change the place of hearing (Sec. 2, Rule III).

The complaint or petition must be filed with supporting papers, including affidavits of witnesses and documentary evidence such as a land classification map, extensive proclamation, and forestry administrative order.
The procedure requires that defendants or respondents be furnished copies complete with annexes and attachments consistent with Section 1, Rule IV, New Rules of Procedure.

After filing, summons with a copy of the complaint and its annexes and attachments must be served on the adverse party, and a notice of hearing requiring appearance must be sent simultaneously.
A sworn answer must be filed within ten (10) days from receipt of the complaint.
Failure to answer does not produce default; there is no default in case of failure to answer.
Proceedings are non-litigious in nature, and technicalities of law, rules and procedures shall not apply as long as due process is observed.
Within ten (10) days from termination of the hearing, parties must make simultaneous submission of memorandum/draft decision.
The case is deemed submitted for decision after the submission of memorandum/draft decision.
The adjudication/board must render its decision within fifteen (15) days from submission for decision and within sixty (60) days from filing of the complaint.

Unless appealed, the decision or order becomes final within fifteen (15) days from receipt of copy thereof.
Filing a motion for reconsideration suspends the running of the period for appeal, which resumes upon receipt of the order of denial of the motion.
An aggrieved party may appeal to the Court of Appeals within fifteen (15) days from receipt of copy of the decision.
Even if an appeal is taken to the Court of Appeals, the decision of the Department of Agrarian Reform is immediately executory.

All concerned must immediately take steps to inventory and document cases for cancellation of illegal/irregular CLOAs, CLTs, or EPs, while observing as much as possible the guidelines earlier issued on disposition of cases for cancellation of fake illegal titles.
The Office of the Assistant Secretary for Lands and Legislative Affairs, as Chair of the Task Force on Anti-Fake and Illegal Titles, must be furnished copies of the complaints filed for record purposes.