Title
Procedures for CARP Coverage Petitions
Law
Dar Administrative Order No. 11, S. 2014
Decision Date
Dec 9, 2014
DAR Administrative Order No. 11-14 provides procedures and guidelines for handling petitions for coverage under CARP, allowing for the continuation of pending cases and specifying requirements for disclosure, verification, and service of notices. Administrative Order No. 11, Series of 2014 waives filing fees for CARP petitions and repeals conflicting orders, applying to petitions filed from January to June 2014.
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Commencement of Petition

  • Petitions must be filed as a verified initiatory pleading before the Regional Director (RD) with jurisdiction.
  • A letter-request may be treated as a petition.
  • Petitions filed in other Department of Agrarian Reform (DAR) offices must be transmitted immediately to the RD.
  • Petitions filed before June 30, 2014, in any DAR office are deemed timely filed.

Filing and Assessment in Central Office

  • For petitions covering ten or more landholdings filed at DAR Central Office, the Bureau of Land Tenure and Improvement (BLTI) assesses involved landholdings.
  • Lists of landholdings with valid Notices of Coverage or already covered by Emancipation Patents (EPs) or Certificates of Land Ownership Award (CLOAs) are generated.
  • Cases with valid Notices of Coverage are archived and dismissed upon confirmed proper service verification.

Docket Number Assignment

  • RD directs the Chief, Regional Legal Division to assign docket number and create case title upon receipt.
  • Docket number and title used consistently by all processing offices involved.

Disclosure Statement Requirements

  • Petitioner must certify under oath that:
    • They are a party-in-interest or authorized representative.
    • No other case involving the land or issue is pending or filed elsewhere, or disclose status if otherwise.
    • Will report new related cases within five days.
  • Failure to comply or acts of forum shopping cause dismissal without prejudice.

Duties of Regional Office

  • DAR Regional Office (DARRO) must remind petitioner of disclosure and verification requirements.

Consequences of Non-Compliance

  • Failure or refusal to verify petition or submit disclosure after opportunity to comply leads to suspension and archiving of case.
  • Case may be revived upon compliance.

Notice to Landowners and Interested Parties

  • RD must notify landowners and interested persons in writing, including provincial and municipal agrarian officers.
  • Notices include a copy of the petition and require a verified Comment within 15 days.
  • Failure to comment is deemed waiver of objection rights.
  • No notice sent to archived cases unless prior Notice of Coverage is deemed invalid.

Service of Notice

  • Primary mode is personal service to authorized persons with signature or thumb mark and witness.
  • Service handled by Bureau of Agrarian Legal Assistance (BALA) or Sheriff of the Provincial Agrarian Reform Adjudicator (PARAD).
  • Substituted service includes leaving notices with appropriate persons at residence or place of business.
  • Extraterritorial service via registered mail to last known foreign address, plus publication.
  • Immediate publication required if address is unknown or unavailable.

Persons Authorized to Receive Notice

  • Natural person landowner directly.
  • Each co-owner unless one is expressly authorized.
  • Minors: parents or legal guardian.
  • Incompetents: legal guardian.
  • Entities without juridical personality: any associated person or person in charge.
  • Corporations or juridical persons: president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel.
  • Deceased landowners: executor or administrator if estate pending; otherwise, all known heirs and publication.

Publication of Notice

  • Published in newspaper of general circulation by BALA.
  • Publication on the 30th day of the month of receipt of notice by BALA.
  • Publication includes essential particulars such as nature of petition, names of parties, landholding description, and comment period.

On-Site Inspection and Investigation (OSII)

  • Conducted by PARPO, MARPO, investigating officers, or committees upon receipt of comment or lapse of comment period.
  • Records proceedings as provided by relevant administrative orders.
  • RD may dispense with OSII if case is straightforward.

Position Papers and Recommendations

  • Parties may be required to submit position papers and replies.
  • Draft decision may be submitted by parties.
  • Investigating officer or committee submits report and recommendation to RD.

Motions for Reconsideration and Appeals

  • Governed by Administrative Order No. 03, Series of 2003.

Immediate Coverage Upon Favorable Decision

  • PARPO places landholding under coverage without prior Notice of Coverage issuance after favorable RD decision.
  • Coverage remains during appeal up to issuance of Memorandum of Valuation unless suspended by Secretary.
  • Landowners must be properly served with decision.

Prohibition Against Filing Exemption/Exclusion Petitions

  • Landowners are barred from filing exemption or exclusion petitions after resolution of coverage.
  • Exceptions for Petitions for Retention or related actions filed within 15 days after RD decision.
  • Final and executory decisions allow continuation of acquisition and distribution.

Waiver of Filing Fees

  • No filing fees for petitions covered by this Administrative Order.

Repealing and Separability Clauses

  • Inconsistent orders or regulations are repealed or modified.
  • Unconstitutional provisions do not affect other valid provisions.

Retroactive Application

  • Applies retroactively to petitions filed from January 1 to June 30, 2014.

Effectivity Clause

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

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