DAR Simplifies All Legal Processes

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news national 2 pix 1 march 7 2018QUEZON CITY – The Department of Agrarian Reform (DAR) today issued Administrative Order No. 2, Series of 2018 to simplify cancellation cases of emancipation patents, certificates of land ownership award and other titles issued under any agrarian reform program.

Secretary Atty. John R. Castriciones said the DAR is mandated by President Rodrigo Roa Duterte to reduce the requirements and the processing time for all the applications requiring the department approval or agency action.

Castriciones disclosed that one area which urgently requires an overhaul of the process is the cancellation of Emancipation Patents (EPs), Certificates of Land Ownership Award (CLOAs) and other titles issued under any Agrarian Reform Program.
He said the Omnibus Rules of Summary Procedure applies to the cancellation of an EP, CLOA or other title issued under any Agrarian Reform Program arising from any of the following: any case that does not have any remaining unresolved Agrarian Law Implementation (ALI) issues.  An ALI case where the decision has become final and executory; and is not the subject of an annulment action; an ALI case or a Cancellation case where the Petitioner or all the parties would like to withdraw the said ALI or Cancellation case.

“The Order also applies to a Cancellation case to correct erroneous technical descriptions in the EP, CLOA or other title issued under any Agrarian Reform Program where the correction of the entries in the title shall not result to any issue regarding the identification or the number of the ARBs, or the correctness of the coverage of the landholding or any portion thereof and a Cancellation case with an approved land transfer clearance arising from the sale, donation, assignment of rights, succession as well as any other form of conveyance approved by the DAR pursuant to Section 27 of R.A. No. 6657, as amended,” he added.

Castriciones emphasized that all cases start by application and no longer by petition. The application shall be accomplished by the applicant who shall certify under oath as to the truthfulness of all information supplied and as to the authenticity of the requisite documents to be attached.

Castriciones said that all petitions for Cancellation of the EP, CLOA, or other title issued under any Agrarian Reform Program based on a final and executory judgment in an ALI case pending before the PARAD, and with an unresolved ALI component pending before the PARAD shall be transferred to the concerned PARPO II for processing in accordance with these rules, with notice to all the parties.

“All petitions for Cancellation of the EP, CLOA, or other title issued under any Agrarian Reform Program based on a final and executory judgment in an ALI case pending before the BALA or ALAO shall be processed in accordance with these rules and all petitions for Cancellation of the EP, CLOA, or other title issued under any Agrarian Reform Program with an unresolved ALI component pending before the BALA or ALAO shall be processed based on the pertinent rules for ALI cases,” he added.

Castriciones cited that all DAR Rules and Procedures on Cancellation of EPs, CLOAs and other titles issued under any Agrarian Reform Program, including DAR A.O. No. 8, Series of 1995, are hereby modified in accordance with this A.O. DAR A.O. No. 6, Series of 2011; DAR A.O. No. 7, Series of 2014; DAR A.O. No. 1, Series of 2017; as well as DAR A.O. No. 6, Series of 2014, are hereby repealed. All other DAR issuances inconsistent with this A.O. are hereby accordingly repealed, modified and/or amended.

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