TO ensure a just, inexpensive and expeditious determination of agrarian cases, the Department of Agrarian Reform (DAR) has amended its rules on adjudication of cases involving agrarian law implementation (ALI).
Agrarian Reform Secretary Rafael V. Mariano signed the 2017 Rules of Procedure for ALI cases, which, in effect, amended DAR Order 03, Series of 2003.
In a news statement released on Monday, Mariano said the 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 emancipation patents (EPs), including protests or oppositions and petitions for lifting of such coverage.
He also added the classification, identification, inclusion, exclusion, qualification or disqualification of potential or 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.
Under the new rules, the DAR 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.
Mariano disclosed that when an ALI case raises a prejudicial issue, such issue being adjudication board case, the secretary or 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 nonextendible period of 15 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 orders/decisions/resolution shall become final and executory after the lapse of 15 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.
1 comment
Gud pm sir.. Pwede po ako magtanong kung ang relatives nyo po pinatira nyo sa lupa nyo..after 10years po ba magiging sa kanila na ang lupa namin?