Title
One DAR Legal Job-Sharing Program
Law
Dar Memorandum Circular No. 04, S. 2013
Decision Date
Feb 4, 2013
The Department of Agrarian Reform (DAR) implements a "One DAR" concept through an Intrasourcing Program and Job-Sharing Scheme to address the imbalance of personnel and workloads between High-Land Acquisition and Distribution (LAD) and Low-LAD areas, ensuring efficient resolution of agrarian law cases.
A

Rationale

  • The Intrasourcing Program and Job-Sharing Scheme aim to accelerate LAD case resolution.
  • Utilize surplus personnel from Low-LAD regions to support overwhelmed High-LAD areas.
  • Facilitate expeditious and efficient administration of agrarian justice amidst anticipated case influx.

Scope

  • Applicable to all regions and provinces classified as High-LAD and Low-LAD.
  • Covers all Agrarian Law Implementation (ALI) cases arising from LAD issues and conflicts.

Definition of Terms

  • ALI Case: Administrative cases on agrarian reform disputes under DAR jurisdiction excluding specific applications.
  • High-LAD Areas: Provinces/regions with significant LAD balances.
  • Low-LAD Areas: Provinces/regions with low LAD balances.
  • Job-Sharing: Detailing qualified personnel from Low-LAD offices to High-LAD offices for case-related duties.
  • Intra-Regional and Inter-Regional Job-Sharing: Assignments within the same region or between different regions.
  • Intrasourcing: Transfer of case files for drafting and review between High-LAD and Low-LAD personnel, including electronic transmission.
  • Qualified Personnel: DAR employees with legal qualification and plantilla status eligible for assignment.

Procedures

Provincial Level (Inter-Province)

  • Chief Legal conducts inventory and verifies case completeness.
  • Prepare table of contents and certification of case folders.
  • Request detailing or intrasourcing assistance from Low-LAD provinces through Regional Director (RD).
  • RD issues Special Order for detailing qualified personnel for 30 days, extendable.
  • Intrasourcing involves photocopying/scanning or emailing case files for drafting work.
  • Qualified personnel verify completeness upon receipt; report discrepancies within 5 days.
  • Assigned personnel entitled to incentives and additional performance points.

Regional Level (Intra-Regional)

  • Regional Chief Legal inventories and certifies cases.
  • Requests assistance from qualified personnel in Low-LAD provinces within the same region.
  • RD issues Special Order for personnel detailing or directs intrasourcing.
  • Assistance from Undersecretary for Legal Affairs can be requested when regional capacity is insufficient.
  • Case folders transmitted similarly as in provincial level.
  • Completeness check and reporting required.
  • Incentives and performance credits awarded.

Regional Level (Inter-Regional)

  • Similar steps as intra-regional but requests sent to Undersecretary for Legal Affairs Office (USEC-LAO).
  • USEC-LAO authorizes personnel detailing or intrasourcing nationwide.
  • Completeness verification and reporting apply.
  • Incentives and performance evaluation integrated in official rating systems.
  • Extension of detail/intrasourcing assistance subject to USEC-LAO assessment.

Budget

  • Expenses charged to Legal Division budget of sending office.
  • Supplemental budget requests may be made to DAR Secretary's Office if needed.

Monitoring and Reporting

  • At provincial level, assisting PARO submits monthly reports on case status to RD and relevant offices.
  • RD monitors and submits monthly reports on High-LAD cases to Undersecretaries and Bureau of Agrarian Legal Assistance (BALA).
  • DAR Secretary's office functions as oversight committee, with power to modify procedures as necessary.

Clearing-House

  • USEC-LAO, based on BALA recommendations, evaluates requests from High-LAD DARROs.
  • Maintains list of qualified personnel eligible for incentives.
  • Assesses requests for extension of assistance.

Miscellaneous

  • Confidentiality: Investigation reports and draft decisions are confidential and exempt from disclosure.
  • Performance Contracts: Completed tasks by appointees reflected on performance evaluations.
  • Disciplinary Actions: Violations subject to disciplinary proceedings coordinated by Legal Service Division; Presidential appointees reported to Office of the President.

Repealing Clause

  • This memorandum circular repeals inconsistent prior issuances or provisions.

Effectivity Clause

  • Takes effect immediately upon issuance.

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