DEPARTMENT OF AGRARIAN REFORM

Diliman, Quezon City. Philippines

FAQs on:

ADMINSTRATION
OF OATHS (AO5)

AO 5: Administration of Oaths

Table of Contents
Page
What is the legal basis of DAR in administering oaths?

Is there a rule governing DARs administration of oaths?

What is the purpose of the rules on

administration of oaths?

What do we mean by Oath or Affirmation?

What is the limitation of this oath?

When is administration of oath necessary?

When is administration of oath not applicable?

Who are authorized to administer oaths?

Can other DAR personnel administer oaths?

Is there a prescribed testimony in administering the oath?

What if the person is only submitting a position paper,

how shall the oath be administered?

How often is the administration of oath in DAR?

How much is the Oath or Affirmation fee?

Does DAR maintained a record of oaths?

Can anybody request to inspect or copy

an entry in the register of oaths?

Department of Agrarian Reform

AO 5: Administration of Oaths

What is the legal basis of DAR in administering

oaths?
Section 50 of the Republic Act 6657, as amended,
granted DAR the power to determine and adjudicate
agrarian reform matters, administer oaths and other
quasi-judicial powers.
Is there a rule governing DARs administration of
oaths?
Yes. The Rules on the Administration of Oaths in
Pursuance of Section 50 of RA No. 6657, as amended
or the Administrative Order No. 5, series of 2011. This
rule specifies the persons authorized to administer
oaths; and provides guidelines on how it is
implemented.
What is the purpose of the rules on administration of
oaths?
Avoid misconception that this oath is not the same
as notary public;
Offer services of administering oath for ALI cases
and operational procedures at no cost;
Formally consider submitted documents as public
documents;
Indicate clear guidelines on how the administration
of oath be taken under Administrative Order No.
5, series of 2011;

Department of Agrarian Reform

AO 5: Administration of Oaths

Verify the authenticity of statements & documents; and

Enumerate specific persons authorized to administer oath.
What do we mean by Oath or Affirmation?
Section 7 of AO 5, series of 2011, defines Oath or Affirmation
as an act in which an individual on a single occasion:
appears in person before the RARADs, PARADs, or the
Legal Division Chiefs;
personally known or identified through competent evidence
of identity; and
avows under penalty of law to the whole truth of the
contents of the affidavit, certification, or instrument.
What is the limitation of this DAR-administered oath?
The administration of oath is not a certification by the DAR as to
the propriety, truthfulness, and legality of an affidavit or sworn
certification and its contents.
When is administration of oath necessary?
An administration of oath is required in all:
Cases involving Agrarian Reform Law Implementation (ALI);

Department of Agrarian Reform

AO 5: Administration of Oaths

Matters that are subject to adjudication;

Referred cases requiring determination of their agrarian
nature by the Office of the Secretary, Regional Directors, or
Provincial Agrarian Reform Officers; and
Operational matters of agrarian reform program that
requires the administration of oaths.
When is administration of oath not applicable?
Cases or matters that are within the jurisdiction of the DAR
Adjudication Board (DARAB);
Cases or matters that are within the jurisdiction of the
Regional and Provincial Adjudicators (RARADs and
PARADs); and
Application for Purchase and Farmers Undertakings
(APFUs).
Who are authorized to administer oaths?
Under Section 3.1 of AO No. 5, series of 2011, the following
officials/persons are authorized to administer oaths for all ALI
cases or matters, and those that are within the scope of their
duties and responsibilities:
Secretary
Undersecretary for Legal Affair Office
Asst. Secretary for Legal Affairs Office

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AO 5: Administration of Oaths

Director of the BALA

Asst. Director of the BALA
Executive Director of the Center for Land Use
Policy, Planning and Implementation
Director of the Legal Service
Regional Directors
Provincial Agrarian Reform Officers

Can other DAR personnel administer oaths?

Yes, only when authorized by the DAR officials stated
above. The authorization must be in writing and must
indicate the specific matter or case to be investigated.
The RARADs, PARADs, and Legal Division Chiefs of the field
offices may administer oaths in a limited capacity and only
with regard to purposes requiring DARs operations.

Authorized Personnel

Authority

RARADS ,
PARADS, &
Legal Division Chiefs
(regl. & provl. offices)

On purposes required for DARs

operations such as: affidavits and other
sworn certifications

Personnel authorized by
the DAR officials

On a per investigation, hearing, or

proceeding basis.

Department of Agrarian Reform

AO 5: Administration of Oaths

Is there a prescribed testimony in administering the

oath?
Yes. Prior to the conduct of any ocular inspection, hearing
or proceeding, the administering officer should execute
the following oath to the person giving the testimony:

I,__________ (name), of legal age, ________( civil status),

residing at _______________ do hereby swear to tell the truth
and nothing but the whole truth. So help me God.

In case of an affirmation, the last sentence (So help me

God ) should be omitted.
What if the person is only submitting a position paper,
how shall the oath be administered?
In cases when a person chooses to submit a position
paper during the hearing or ocular inspection or other
related documentary evidence, the administering officer
shall execute the affirmation/oath in the form
prescribed below:
Subscribed and sworn to before me this ______ day
of ____________ at _________________.
Sgd.
Administering Officer

Department of Agrarian Reform

AO 5: Administration of Oaths

How often is the administration of oath in DAR?

The DARAB shall reserve two (2) half-days each month as
Oath Day, to be used exclusively by the RARADs and
PARADs to administer oaths or affirmations required for
specific documents, which are necessary for the operations
of the DAR.
How much is the Oath or Affirmation fee?
The administration of oaths or affirmations conducted by
any DAR official or authorized personnel is free of charge.
Does DAR maintained a record of oaths?
Yes. For every oath administered, the Administering
Officer shall record in the Register of Oaths at the time of
administration the following information:
Entry number and page number;
Date and time of the administration;
Title or description of the instrument, document or
proceeding;
Proof of identity of the person seeking affirmation or
oath;
Address where the oath was performed

Department of Agrarian Reform

AO 5: Administration of Oaths

Name, designation, and address of the DAR

administering officer; and
Any other circumstance the Officer or authorized DAR
personnel may deem of significance or relevance.

Can anybody request to inspect or copy an entry in

the register of oaths?
Yes. Anybody may request to inspect or copy entries in
the register of oaths. In this case, the administering
officer shall record in the register of oath such request,
including the requesters name, address, signature,
thumbmark or other recognized identifier, and proof of
identity.

Department of Agrarian Reform

AO 5: Administration of Oaths

qqqq

Source:
Administrative Order No. 5, Series of 2011
2011 Rules on the Administration of Oaths in Pursuance of
Section 50 of Republic Act No. 6657, as Amended

qqqq

Produced by:
Bureau of Agrarian Reform Information and Education (BARIE)
Communications Development Division (CDD)
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Department of Agrarian Reform