June 18, 2004

DAR MEMORANDUM CIRCULAR NO. 11-04

TO                :     Center for Land Use Policy, Planning, and Implementation (CLUPPI)
                            Bureau of Agrarian Legal Assistance (BALA)
                            Legal Service
                            Records Division
                            All Officials and Personnel Concerned

SUBJECT    :     Release of DAR Central Office Decisions, Resolutions, or Orders in Agrarian
                            Law Implementation Cases and Personnel Discipline Cases

To clarify the procedure governing the release of duly signed Decisions, Resolutions, or Orders, and for orderly disposition thereof, the following processual guide is hereby effected immediately, viz:   THacES

1.         Duly signed Decisions, Resolutions, or Orders, together with the case folders, involving the following type of case shall be forwarded to the appropriate office for the preparation and processing of copies and notices for distribution to parties and persons or offices concerned, thus:            

2.         Thereafter, the prepared copies and notices as processed for distribution to the parties and to such persons or offices shall be indorsed to the Records Division for release through or by mail or personal service, as may be warranted.

3.         Ensure that only duly signed Decision, Resolution, or Order shall be furnished the parties and persons or offices concerned.

4.         Fidelity in the custody of official papers and documents must be observed at all times.

In this regard, strict observance of Memorandum Circular No. 25, series of 1995 (23 October 1995), on the integrity and confidentiality of communication and Draft Resolution of cases, is enjoined. Copy of Memorandum Circular No. 25, series of 1995 is appended for ready reference.

5.         Activities enunciated in this Memorandum shall be accomplished with utmost expediency.

All prior issuances inconsistent herewith are hereby superseded or modified accordingly.

For guidance and compliance.   cACHSE

18 June 2004, Quezon City, Philippines

(SGD.) JOSE MARI B. PONCE
OIC-Secretary

MEMORANDUM CIRCULAR NO. 25-95

TO                :     ALL BUREAU AND REGIONAL DIRECTORS, DEPARTMENT OF AGRARIAN
REFORM ADJUDICATORS, PROVINCIAL AGRARIAN REFORM OFFICERS (PAROs), MUNICIPAL AGRARIAN REFORM OFFICERS (MAROs), DIVISION CHIEFS AND OTHER PERSONNEL CONCERNED

SUBJECT    :      OBSERVANCE OF MEASURES TO UPHOLD THE INTEGRITY AND
CONFIDENTIALITY OF INTER-OFFICE COMMUNICATIONS AND DRAFT RESOLUTION OF CASES INVOLVING AGRARIAN REFORM LAW IMPLEMENTATION AND PERSONNEL DISCIPLINE

The draft resolution of cases involving agrarian law implementation, personnel discipline, agrarian disputes and land valuation are subject to review and approval by higher authorities. To prevent undue pressure on the reviewing officers, recommendations or draft decisions shall be treated with utmost confidentiality.

Unless otherwise treated in laws and regulations, the following shall be observed:

1.         Investigation reports, transmittal slips, memoranda, indorsement and other communications stating the action taken or recommendations of the officers shall be treated as confidential.

2.         Access to official records by a party to a case shall be limited to the documents and evidence submitted by him or be the opposing party, copies of which may be made available upon written request.

3.         The release of official records to any party/employee shall be made only upon the authorization of the heads of the unit where the case is pending action, the release of records or any part thereof of any DAR employee shall not be countenanced.   IHTASa

4.         A party inquiring on the status of his case shall be apprised accordingly, i.e., that the case is under evaluation, under review, or for transmittal/was transmitted to a certain unit or office without disclosing the specific action taken on the case.

5.         No copy of the draft Order or Resolution shall be released to any party until it is signed by the Secretary or any authorized officials of this Department and the same is officially cleared for release to the parties concerned.

6.         Any violation of this Order shall be subject to administrative, civil or criminal sanctions as may be warranted by law or regulations.

For strict compliance.

23 October 1995, Diliman, Quezon City.

(SGD.) ERNESTO D. GARILAO

Secretary