Title
DAR Guidelines on Field Investigations
Law
Dar Memorandum Circular No. 02, S. 2012
Decision Date
Feb 20, 2012
DAR Memorandum Circular No. 02-12 provides guidelines for conducting field investigations or site validations in agrarian reform cases in the Philippines, emphasizing the importance of interviews under oath, official orders and notices, video/audio recording, competent team assignments, determination of necessary facts, preparation of minutes and transcripts, submission of a narrative investigation report, and revocation of inconsistent issuances.
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Applicability

  • Governs all investigations on agrarian reform matters handled by DAR or PARC, excluding those by the Department of Agrarian Reform Adjudication Board (DARAB).

Conduct of Interviews Under Oath

  • All interviews during investigations shall be administered under oath following rules from DAR Administrative Order No. 5, Series of 2011.

Authorization to Conduct Investigations

  • Any investigation team must have an official written order, memorandum, instruction, or resolution signed by the responsible DAR or PARC official.
  • The investigation team must carry a copy of the official authorization during fieldwork.

Notice Requirement Prior to Investigation

  • All parties and their counsel must be notified at least three days before the investigation.
  • The head of the team signs the written notice detailing date, place, time, and office conducting the investigation.
  • Notice is posted on the barangay bulletin board by the Municipal Agrarian Reform Officer (MARO) and furnished to the Barangay Agrarian Reform Committee (BARC) chairperson.
  • Provincial Agrarian Reform Officer (PARO) and MARO are also informed and requested to attend.
  • Parties are requested to prepare and submit relevant documents or pieces of evidence.

Pre-Investigation Briefing

  • The team holds an organizational meeting and receives a briefing on the key issues, violations, and local dynamics.
  • The briefing is prepared by designated DAR offices such as the Bureau of Agrarian Legal Assistance (BALA), Special Concerns Staff (SCS), or PARC Secretariat.

Documentation of Investigation Proceedings

  • Public Affairs Staff (PAS) of DAR documents investigations through video, audio recordings, and photographs.
  • If PAS is unavailable, the team ensures recording proceeds.
  • Travel expenses for PAS are borne by the requesting office.

Team Role Designations

  • The team appoints members to specific roles: team leader, minutes taker, interpreter (if needed).
  • MARO participation is encouraged due to local knowledge.
  • Language used can be Filipino, English, or local dialect.

Essential Facts to be Determined

  • Petitioner: personal data, CLOA or stockholder status, relation to land, complaint details, evidence, desired outcomes, pending cases.
  • Respondent: personal data, authority to speak, defense and evidence, pending cases.
  • Other interested parties: personal data, comments, evidence, desired outcomes.
  • Site validation includes farmworker count, status, living conditions, land size and condition, crops, structures.
  • All statements under oath and recorded.

Preparation and Signing of Minutes

  • Minutes signed by interviewees and parties present.
  • Content includes attendees, issues, agreements, disagreements, action items, and details of proceedings.

Video/Audio Transcript Requirements

  • Transcript prepared within 20 working days from recording.
  • Affidavits by recorders affirm recordings and transcripts are unaltered and accurate.
  • Photographers similarly affirm the fidelity of photos.

Narrative Investigation Report Content and Submission

  • Due within 30 working days after validation completion.
  • Includes background facts (land description, parties, CARP history, circumstances).
  • Discussion of issues, findings, violations, and supporting evidence with visuals and document excerpts.
  • Annexes: investigation forms, documents list, attendance sheets, recordings, minutes, authority to administer oath, and other relevant papers.
  • Signed by the majority of the investigation team.

Repealing Clause

  • Supersedes inconsistent circulars, issuances, or portions thereof.

Separability Clause

  • If any provision is declared unconstitutional, the validity of remaining provisions is unaffected.

Effectivity

  • The circular takes effect ten days after signing and publication.

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