DAR issues guidelines for agrarian law implementation cases

on . Posted in DAR In The News
PIAnewlogo2017QUEZON CITY, May 30 -- The Department of Agrarian Reform (DAR) recently issued rules of regulations amending Administrative Order (A.O.) No. 03, Series of 2003  on adjudication of cases involving Agrarian Law Implementation (ALI) to foster a just, inexpensive, and expeditious determination of agrarian case though A.O. No. 03, Series of 2017. Agrarian Reform Secretary Rafael V. Mariano said these rules shall be known as the “2017 Rules of Procedures for ALI Cases”.

He said these rules shall govern among others, all cases arising from or involving classification and identification of landholdings for coverage under the agrarian reform program and the initial issuance of Certificates of Land Ownership Awards (CLOAs) and Emamcipation Patents (EPs), including protest or oppositions and petitions for lifting of such coverage.

He also added the classification, identification, inclusion, exclusion, qualification, or disqualification of potential/actual farmer-beneficiaries, subdivision surveys of land under the Comprehensive Agrarian Reform Program and other agrarian cases, disputes, matters or concerns referred by the Secretary to the Regional Director, other DAR Officials, or in other cases where the Secretary assumes jurisdiction.

Mariano said the Regional Director shall exercise primary jurisdiction over all ALI cases except when a separate special rule vest primary jurisdiction in a different DAR Office.

However, the Secretary shall exercise appellate jurisdiction over all ALI cases, and may delegate the resolution of appeals to any Undersecretary.

He disclosed that when an ALI case raises a prejudicial issue, such issue being a DARAB case, the Secretary/Regional Director shall dismiss without prejudice the case pending resolution of the prejudicial question.

“Appeals to the Secretary shall be given due course on the decision of the Regional Director on serious errors in the findings of facts or conclusion of law which may cause grave and irreparable damage or injury to the appellant or coercion, fraud, or clear graft and corruption in the issuance of a decision’” Mariano said.

He added that a party may file only one motion for reconsideration of the decision of the Secretary or deciding authority within a non-extendible period of fifteen days from receipt of the Secretary’s decision.

Mariano said appeals from the decision of the Secretary may be taken to the Office of the President within fifteen days from receipt thereof.

He said that orders/decisions/resolution shall become final and executory after the lapse of fifteen days from the receipt by the last recipient of an official copy thereof and no motion for reconsideration nor appeal therefrom.

“Execution shall issue automatically as a matter of course upon finality of the case. The Regional Director shall issue the necessary certificate of finality within five days from date of finality of a case,” Mariano added. (DAR)

Source: http://pia.gov.ph/news/articles/2131496124008