DAR Adm. Order No.

6 Series 2011

Revised Rules and Procedures Governing the Cancellation of Registered EPs, CLOAs, and other Titles Issued under any Agrarian Reform Program

Section 24 of R.A. No. 6657, as amended, states: "All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR".

QUESTION: HOW LONG SHALL A FARMERBENEFICIARY WAIT BEFORE THEY ARE INSTALLED ON THE AWRADED LAND? - SEC.9 (amending sec.24 of RA6657) of RA 9700 states that the award of the land must be completed within 180 days from the date of registration of its title in the name of the Republic of the Philippines.

QUESTION: WHAT IS THE NATURE OF THE DUTY OF REGISTER OF DEEDS IN THE IMPLEMENTATION OF CARP? -SEC.9, RA9700 states that the Register of Deeds has a ministerial duty to register the land in the name of the Republic of the Philippines after the original title of the landowner has been cancelled

, and also, register the CLOA in the name of the farmer-beneficiaries. Upon certification of deposit of full payment by LBP to the landowner. The ROD can no longer refuse to perform his duty as enumerated above.

Under the Ramos administration, from 1994 to 1997, EPs and CLOAs covering 36,415 hectares were cancelled. Under the Estrada administration, however, EPs and CLOAs for 40,678 hectares were cancelled on the first year alone. (YEAR 200)
Remedios Rocha, a farmer at Hacienda Maria in Agusan del Sur, called on DAR Secretary Horacio Morales to look into these cancellations of land titles, saying, Our land is our life. Her EP, covering five hectares, has already been cancelled.

ADMINISTRATIVE ORDER NO.03-09, THE FIRST DAR ISSUANCE REGARDING CANCELLATION OF TITLES UNDER CARP LAW. PURSUANT TO SEC.9 OF RA 9700

Coverage. These rules of procedure ("Rules") shall apply to all cases involving the involuntary cancellation of registered EPs, CLOAs, and other titles issued by the DAR under any agrarian reform program.

AO NO.03-09

AO NO.06-11

SEC.2. SECTION 2. STATEMENT OF POLICIES : (a) The State recognizes the indefeasibility of CLOAs, EPs and other titles issued under any agrarian reform program. (b) The State recognizes that CLOAs, EPs and other titles erroneously issued do not attain indefeasibility. (c) Cancellation of registered CLOAs, EPs and other titles issued under any agrarian reform program shall be strictly regulated and may be allowed only in the manner and conditions prescribed hereunder.

SEC.2. STATEMENT OF POLICIES: (a) The State recognizes the indefeasibility of EPs, CLOAs, and other titles issued under any agrarian reform program; and (b) Cancellation of registered EPs, CLOAs, and other titles issued under any agrarian reform program shall be strictly regulated and may be allowed only in the manner and conditions prescribed hereunder.

Cancellation refers to the process of annulling, invalidating, and revoking the EPs, CLOAs, or other titles issued under any agrarian reform program. It does not
include the correction of entries in the said EPs, CLOAs, or other titles as the same falls under the jurisdiction of the DARAB, wherein correction therein is defined as the process of correcting or changing clerical or typographical errors (i.e., wrong spelling, age, etc.) in the EPs, CLOAs, or titles issued under any agrarian reform program without affecting substantial rights of other interested persons.

Petition for Cancellation is a verified pleading alleging the grounds relied upon by the petitioner in seeking the cancellation of the subject EPs, CLOAs, or other titles issued under any agrarian reform program, which shall be duly supported by original or certified true or photocopies of relevant documents together with affidavits of witnesses, and accordingly pre-marked as Exhibits "A", "B", "C", and so forth. The petition must include as partyrespondents the concerned holders or successors-in-interest of EPs, CLOAs, or other titles issued under any agrarian reform program.

AO NO.03-09 (sec.4-CAUSE OF ACTION)

(a) The land subject matter of the CLOA, EP or other title under agrarian reform program is found to be: 1. The retention area of the landowner;

AO NO.06-11 (sec.4-GROUNDS)
1. The landholding involves the retention area of the landowner provided that the retention right was exercised by the latter within the period allowed by the applicable laws or rules from the receipt of the Notice of Coverage; 2. The landholding is excluded or exempted from coverage of CARP, P.D. No. 27, or any other agrarian reform laws provided that the application for exclusion thereof was filed within the period allowed by the applicable laws or rules from receipt of the Notice of Coverage; 3. Defective Notices of Coverage (NOCs) due to, among others, improper service thereof, or erroneous identification of the landowner or landholding, provided, that the outcome of the cancellation proceeding shall not prejudice the CARP coverage of the

2. Excluded from the coverage of CARP, PD No. 27 or other agrarian reform program;

3. Exempted from the coverage of CARP, PD No. 27 or other agrarian reform program;

4. Outside of the authority of the DAR to 4. The landholding is outside the authority dispose and award, as the same falls within of the DAR to dispose of, as the same falls the authority of the DENR to distribute; under the exclusive authority of the Department of Environment and Natural Resources (DENR) or the National Commission on Indigenous People (NCIP); 5. Consist in the erroneous issuance of the 5. Erroneously-issued titles as a result of: said title resulting from the defect or lacking (a) erroneous technical description of in documentation the covered landholding; or (b) the cancellation of the landowner's title prior to the issuance of the Certificate of Deposit (COD), in the case of CLOAs; (b) The CLOA or EP holder is found to have: 1. Misused or diverted the financial and support services;

6. Misuse or diversion of financial and support services extended to ARBs pursuant to Section 37 of R.A. No. 6657, as amended;

2.

Misused the land;

7.

Misuse of the land;

3. Materially misrepresented his basic qualifications as agrarian reform beneficiary;

8. Material misrepresentation of the ARB's basic qualifications as provided under Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws;

4. Illegally converted into other 9. Premature conversion by the ARB uses the awarded the land; pursuant to Section 73 (F) of R.A. No. 6657, as amended and Section 11 of R.A. No. 8435; 5. Sold, transferred, conveyed 10. Sale, transfer, lease, or any other the awarded land to other person; form of conveyance by a beneficiary of the right of ownership, right to use, or any other usufructuary right over the land acquired by virtue of being a beneficiary, in order to violate or circumvent the provisions of Sections 27 and 73 of R.A. No. 6657, as amended, P.D. No. 27, and

6. Defaulted in the payment of obligation for three (3) consecutive years in the case of Voluntary Land Transfer/Direct Payment Scheme;

11. Deliberate and absolute non-payment of three (3) consecutive amortizations in case of voluntary land transfer/direct payment scheme, provided that the ARB has been installed and is in actual possession of the land, and provided further that the last proviso will not apply if the non-possession of the ARB is attributable to his or her own fault;

7. Failed to pay the amortization for 12. Deliberate and absolute failure of the ARB at least three (3) annual amortizations; to pay at least three (3) annual amortizations to the Land Bank of the Philippines (LBP), provided an amortization table has been issued to the ARB, and provided further that the amortizations shall start one (1) year from the ARB's actual occupancy pursuant to Section 26 of R.A. No. 6657, as amended; 8. Neglected or abandoned the awarded land; and 9. Circumvented the laws related to the implementation of the agrarian reform program. 13. Neglect or abandonment of the awarded land as defined by Section 3(n); or 14. Acts analogous to the foregoing

Sec.5 Indefeasibility, A Bar to Cancellation Proceedings. EPs, CLOAs, and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Office of the Register of Deeds (ROD). Accordingly, the DAR Secretary shall not entertain any action for the cancellation of EPs, CLOAs, and titles after the lapse of the said one (1) year period, except for cases involving Sections 4.4 to 4.14 of these Rules. The said one (1) year period, however, shall be interrupted upon the

1. ALI case, with a prayer for the cancellation of the title, involving only the grounds mentioned in Section 4.1 to 4.3, with the Regional Director or the DAR Secretary; or

2. Other case with any court, office, or tribunal other than the Regional Director or the DAR Secretary, where the latter two has no jurisdiction, involving the grounds mentioned in Section 4.1 to 4.3 only.

Initiation of a Cancellation Case. A cancellation case shall be initiated by the filing of a verified Petition for Cancellation and the payment of the filing fee, if necessary. The verified Petition shall be filed with the Office of the PARAD who has jurisdiction over the place where the land covered by the EPs, CLOAs, or other titles sought to be cancelled is located.
At least five (5) copies of the petition must be prepared and filed with the PARAD. If there is more than one (1) respondent, more copies should be prepared and filed by the petitioner in order to provide all of them with a copy.

Sec.8. Disclosure Statement. The petitioner shall disclose and certify under oath, in the petition or its integral annex, that:
(a) He is a party-in-interest or properly authorized by a party-in-interest;

(b) He has not commenced and/or is aware of any other action or proceeding involving the same land, or a portion thereof, or issue in any court, tribunal, or quasi-judicial agency; and to the best of his knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency;

(c) If there is any action or proceeding which is either pending or may have been terminated, he shall state the status thereof; and (d) If he thereafter learns that a similar action or proceeding has been filed or is pending before any court, tribunal, or quasi-judicial agency, he undertakes to report that fact within five (5) days therefrom to the DAR Office where the case for cancellation is pending.

SECTION 5. Who May File the Petition for SECTION 9. Who May File a Petition for Cancellation. Cancellation. The verified petition for -The verified petition for cancellation may be filed by cancellation shall be filed by any of the any party in interest with respect to the title of the land following persons: such as, but not limited to, the following: (a) Owners of private agricultural lands who (a) were granted retention; (b) Owners of private agricultural lands whose lands had been declared as exempted or excluded from the coverage of RA No. 6657, as amended, and PD No. 27; The person granted or applying for retention;

(b) The person whose land was declared exempted or excluded from the coverage of R.A. No. 6657, as amended, or of P.D. No. 27, or who is applying for such exemption or exclusion thereunder;

(c) Qualified farmer-beneficiaries who (c) Qualified farmer-beneficiaries who have been have been determined as legally entitled in determined as legally entitled to the generated and the generated and issued CLOA; issued CLOA, or persons applying for inclusion as a farmer-beneficiary;

(d) Re-allocatees and transferees of the (d)Re-allocatees of the awarded land pursuant to P.D awarded land; or No. 27, or persons applying for re-allocation under the same law;
(e) Provincial Agrarian Reform Officer (e) (PARO) in his official capacity for the purpose of correcting erroneously issued CLOAs or EPs which are registered but not yet distributed. (f)

Actual tillers or occupants of the subject land; or

Provincial Agrarian Reform Officers (PAROs) or

AO NO 03-09 SECTION 8. Filing Fees. A filing fee of P1,000.00 shall be paid by the petitioner to the DAR cashier, except if the petitioner is the government or its official or employee in the exercise of their official function.

AO NO. 06-11 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.

Issuance of Notice. The PARAD shall retain two (2) copies of the petition, and the rest to be served upon the respondents, ROD, and PARO concerned. The EP or CLOA holder must be deemed as a respondent. The PARAD shall, within five (5) days from receipt of proof of the verified petitions and full payment of the filing fee, issue a Notice to Comment, attaching thereto a copy of the petition and supporting documents, if any, pre-marked as exhibits "A", "B", "C",

The aforesaid Notice shall direct the respondent(s) and concerned ROD to file a verified Comment to the petition, attaching thereto duly marked documentary evidence marked as exhibits "1", "2", "3" and so forth within a non-extendible period of fifteen (15) days from receipt thereof, furnishing a copy to the petitioner.

ASSIGNMENT OF CASE CONTROL NO. BY THE CLERK OF THE PARAD

ISSUANCE OF NOTICE

SERVICE OF NOTICE

TRANSMITTAL OF CASE FOLDER TO RD,RCLUPPI,CL UPPI OR THE BALA

CASE FOLDER BUILD-UP

TIME TO COMMENT & INFO. ABT. THE PARTIES

INVESTIGATION BY THE RCLUPPI OR CLUPPI

INVESTIGATION REPORT AND RECOMMENDATI ON

CONDUCT OF CLARIFICATOR Y HEARING

DECISIO N

TRANSMITTAL OF THE CASE FOLDER WITH FINDINGS AND RECOMMENDA TION TO THE DAR SECREATRY

REVIEW, FINDINGS, AND RECOMMENDATIO N BY ASEC-LAO

SECTION 29. Prohibited Motions. The following motions shall not be allowed: (a) Motion to declare respondent in default or for default judgment; (b) Comment; All motions filed before the

(c) Motion for extension of time to file an appeal, a motion for reconsideration, or a memorandum; and

Dismissal of Petition. The petition for cancellation may be denied by the DAR Secretary on the following grounds: 1. If, in an action for cancellation falling under Section 11 of Article III, the petitioner failed to submit any of the following documents: (ALI CASE) (a) Original, certified true, or photocopies of the final and executory Order and Resolution of the DAR Regional Director, DAR Secretary, or the courts; (b) Certificate of Finality; (c) Original owner's duplicate or certified true copy of the EPs, CLOAs, or any other titles sought to be cancelled; (d) Official Receipt issued for the payment of the corresponding filing fee, unless the petitioner is exempt under Section 10 of Article III of these Rules; and

(e) Any other relevant documents that may support the petition for cancellation; 2. Failure to pay filing fee; 3. Failure to comply with Section 8 of Article III of these Rules;

4. Failure to submit the documentary requirements mandated by other A.O.s governing the ALI component of the case; or
5. When the petition for cancellation was filed after the one (1) year period as provided under Article III, Section 5 of these Rules, save those instances covered by Article II, Sections 4.4 to 4.14 hereof.

SECTION 33. Reconsideration.

Motion for

A party may file only one (1) Motion for Reconsideration of the Order of the DAR Secretary to cancel the EP, CLOA, or other title issued under any agrarian reform program, within a period of fifteen (15) days from receipt thereof, furnishing a copy of the motion to all other parties' counsel or representative. The filing of the Motion for Reconsideration shall interrupt the running of the reglementary period within which to file a notice of appeal.

SECTION 34. Comment Reconsideration.

on

Motion

for

The adverse party may file a Comment on the Motion for Reconsideration within a nonextendible period of ten (10) days from receipt thereof. No Order from the DAR Secretary is necessary for a party to file a Comment.

SECTION 35. Resolution of the Motion for Reconsideration. The DAR Secretary shall resolve the Motion for Reconsideration by issuing an Order/Resolution in due course, furnishing a copy thereof by registered mail and, if available, electronic mail, to the parties' counsel or representative as well as the parties themselves and the DAR officials who took part in the proceedings.

In case a copy of the Order sent by registered mail is unclaimed and is returned to the DAR Secretary, the caption and the dispositive portion thereof shall be published in a newspaper of general circulation. The date of the publication shall be deemed as the time the Order is received by the party who failed to receive it by registered mail.

SECTION 36. Appeal of the Decision of the DAR Secretary. The Order or Resolution of the DAR Secretary may be appealed to the Office of the President, in accordance with the rules and procedures that are set forth by the latter.

SECTION 37. Finality.

The Order or Resolution of the DAR Secretary shall become final and executory upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.

SECTION 38.

Order of Finality.

The BALA shall issue an Order of Finality upon any party's formal request and presentation of proof that no appeal to the Office of the President has been filed before the period to appeal expired.

QUESTION: What is the procedure if an agrarianrelated dispute is erroneously filed before a regular court?

ANSWER: The Judge or the Prosecutor must automatically refer to the DAR (thru the PARO) all cases that involve farmers as parties where there is an allegation in the complaint that the case is agrarian in nature. The DAR shall then certify whether the case if agrarian-related or not; if it is not agrarian-related, it may proceed before the judicial court. The objective of these measure is to protect farmers who are falsely accused from unnecessary suffering and the expense of court litigation

SECTION 39. Execution. If the Order or Resolution of the DAR Secretary becomes final and executory in accordance with Article IX hereof, the BALA, on motion or motu proprio, shall issue a Writ of Implementation. If an appeal has been duly perfected and finally resolved, the execution may forthwith be applied by filing a Motion for the Issuance of a Writ of Implementation with the Undersecretary for Legal Affairs within five (5) years from the date of entry of the final decision. After the lapse of the five (5) year reglementary period, a party may file an action for the execution of a final decision on the Cancellation case with the Office of the Secretary at any time prior to it being barred by the statute of limitations. The Writ of Implementation shall direct the concerned Registry of Deeds to cancel the EP, CLOA, or other title issued pursuant

SECTION 42.

Temporary Restraining Order.

At any time prior to the transmittal of the PARAD of a Case Folder to the OSEC, in cases where any party may immediately suffer grave or irreparable damage, or where the performance or continuance of certain acts will render the case moot and academic, or where there is a need to maintain peace and order and prevent injury or loss of life or property, the PARAD may, at the instance of any party, issue a Temporary Restraining Order (TRO), which shall be only be effective for a non-extendible period of seventy-two (72) hours, to prevent grave and irreparable damage. During such period, the party may file for a Cease and Desist Order with the OSEC or USEC-LAO.

SECTION 43.

Cease and Desist Order.

At any time prior to either the finality of the Order of the Secretary or the perfection of an appeal, in cases where any party may suffer grave or irreparable damage, or where the performance or continuance of certain acts will render the case moot and academic, or where there is a need to maintain peace and order and prevent injury or loss of life or property, the Secretary or the Undersecretary for Legal Affairs may, motu proprio or at the instance of any party, issue a Cease and Desist Order (CDO) to prevent grave and irreparable damage while awaiting resolution of the case.

SECTION 44. Contempt.

Failure to Comply, Ground for

The failure of any person to comply with the TRO or CDO is a ground for Indirect Contempt.

SECTION 45. Powers of the Secretary. The DAR Secretary and the Undersecretary for Legal Affairs shall have the power 1. 2. 3. 4. 5. to summon witnesses, administer oaths, take testimonies, require submission of reports, compel the production of books and documents and answers to interrogatories, 6. issue subpoena duces tecum and ad testificandum, and 7. issue other writs and processes necessary for the resolution of the petition. 8. The DAR Secretary shall likewise have contempt powers, direct and indirect, in accordance with Section 50 of R.A. No. 6657, as amended.

(As of May 2004) DARs Management Information System (MIS) revealed that titles for about 380,000 hectares of farmlands have been cancelled. The incidence of title cancellation was highest in Southern Tagalog, followed by CARAGA region which comprises the provinces of Surigao del Norte and Sur and Agusan del Norte and Sur.
While DAR has yet to show disaggregated data on the current numbers and the reasons for cancellation, the usual reasons for the departments action to cancel included erroneous coverage of land, erroneous entry of data and transfer action (or change of documents from EP to CLOA). Decisions of the DAR Adjudication Board on cases involving retention, exemption, re-issuance of owners title, and correction of farmer-beneficiaries were also cited.

Yet another reason was the reclassification of land under which lands distributed, for unknown reasons, have suddenly been reclassified for residential, commercial and industrial uses by a local zoning ordinance or land use plan.
In the past 16 years, around 800,000 hectares of agricultural lands have been converted to other uses, based on government records. Land conversion, according to a source from DAR, is the easiest way of circumventing the law.

Based on DAR records, foreclosed properties due to non-payment of amortization totaled around 100,000 hectares. This implies that the economic conditions of farmer-beneficiaries did not improve significantly to enable them to sustain payment.
Recent surveys by the Center for Peasant Education and Services (CPES) in Southern Tagalog and Central Luzon regions showed that three out of five holders of CLOA or EP have sold their rights or mortgaged then abandoned their properties without payment.

References
http://www.lis.dar.gov.ph/home/document_ view/6434 CARPER PRIMER 2010
http://bulatlat.com/news/4-21/4-21agrarian.html

FINIS (Gratias Agimus Tibi)

(report by: Kristal Mae M. Campos)