[ DAR MEMORANDUM CIRCULAR NO. 11, S. 2011, October 03, 2011 ]
SUSPENSION OF CERTAIN PROVISIONS OF ADMINISTRATIVE ORDER NO. 06, SERIES OF 2011 FOR THE PURPOSES OF TRANSITIONING FROM THE OLD CANCELLATION RULES TO THE NEW ONE
SECTION 1. SOURCE OF AUTHORITY. - Section 47 of Administrative Order (A.O.) No. 06, Series of 2011 allows the Secretary of Agrarian Reform to suspend the application of the Revised Rules and Procedures Governing the Cancellation of Registered Emancipation Patents (EPs), Certificates of Land Ownership Award (CLOAs), and Other Titles Issued under any Agrarian Reform Program (hereafter referred to as the Rules ) in order to serve and protect the interest of justice.
SECTION 2. SUSPENSION OF SECTION 6. - Section 6 of the Rules provides:
The applicability of the aforementioned provision to all pertinent Agrarian Law Implementation cases where an Order or Resolution has been promulgated by the Regional director on or before 5 October 2011 is hereby suspended. This includes the following:
All Regional Directors are hereby directed to continue applying the procedures set by A.O. No. 03, Series of 2003 (2003 Rules for Agrarian Law Implementation Cases) to the above-mentioned cases.
SECTION 3. SUSPENSION OF SECTION 10. - Section 10 of the rules provides:
A petitioner in an ALI case filed with the Regional Office of the department of Agrarian Reform on or before 26 September 2011, which is subsequently dismissed pursuant to Section 6 of the Rules, may initiate a Cancellation proceeding alleging the same facts and issues of the dismissed ALI case in accordance with the Rules without the need of paying the filing fee required therefor.
All Regional Directors are hereby directed to notify the parties, in an Order dismissing an ALI case filed on or before 26 September 2011, that the filing fee is waived in the event they file a Cancellation case that alleges the same facts and issues pursuant to the Rules.
SECTION 4. SEPARABILITY CLAUSE. Any judicial pronouncement declaring as unconstitutional any provision of this Circular shall have no effect on the validity of the other provisions not affected thereby.
SECTION 5. REPEALING CLAUSE. - All administrative issuances inconsistent with this Circular are hereby deemed modified and amended accordingly.
SECTION 6. EFFECTIVITY. - This Circular shall take effect on 6 October 2011.
For everyones strict compliance.
Adopted: 03 October 2011
(SGD.) VIRGILIO R. DELOS REYES
Secretary
SECTION 2. SUSPENSION OF SECTION 6. - Section 6 of the Rules provides:
Section 6. ALI Cases Covering The Grounds Mentioned In Section 4. - All ALI cases pending with the Office of the Regional Director of the DAR, involving any of the grounds mentioned in Section 4 of Article II, insofar as there are already registered EPs or CLOAs covering the subject landholding, shall be dismissed with instructions to file a verified Petition for Cancellation in accordance with this AO.
The applicability of the aforementioned provision to all pertinent Agrarian Law Implementation cases where an Order or Resolution has been promulgated by the Regional director on or before 5 October 2011 is hereby suspended. This includes the following:
- All ALI cases with pending Motion for Reconsideration with the Regional Director as of 5 October 2011;
- All decided ALI cases where a Notice of Appeal has been filed on or before 5 October 2011; and
- All ALI cases where an Order or Resolution has been promulgated on or after 20 September 2011, yet not later than 5 October 2011, where no Notice of Appeal or Motion for Reconsideration has yet been filed.
All Regional Directors are hereby directed to continue applying the procedures set by A.O. No. 03, Series of 2003 (2003 Rules for Agrarian Law Implementation Cases) to the above-mentioned cases.
SECTION 3. SUSPENSION OF SECTION 10. - Section 10 of the rules provides:
Section 10. Filing Fee. - A filing fee of Three Thousand Pesos (Php3,000.00) shall be paid by the petitioner to the DAR Provincial Office Cashier, except if the petitioner is the government or any of its officials or employees in the exercise of its or their official function or in case the petitioner is a pauper litigant, in which case the payment of the filing fee shall be waived.
A petitioner in an ALI case filed with the Regional Office of the department of Agrarian Reform on or before 26 September 2011, which is subsequently dismissed pursuant to Section 6 of the Rules, may initiate a Cancellation proceeding alleging the same facts and issues of the dismissed ALI case in accordance with the Rules without the need of paying the filing fee required therefor.
All Regional Directors are hereby directed to notify the parties, in an Order dismissing an ALI case filed on or before 26 September 2011, that the filing fee is waived in the event they file a Cancellation case that alleges the same facts and issues pursuant to the Rules.
SECTION 4. SEPARABILITY CLAUSE. Any judicial pronouncement declaring as unconstitutional any provision of this Circular shall have no effect on the validity of the other provisions not affected thereby.
SECTION 5. REPEALING CLAUSE. - All administrative issuances inconsistent with this Circular are hereby deemed modified and amended accordingly.
SECTION 6. EFFECTIVITY. - This Circular shall take effect on 6 October 2011.
For everyones strict compliance.
Adopted: 03 October 2011
Secretary