April 3, 1995
DAR MEMORANDUM CIRCULAR NO. 05-95
TO : All Regional Directors, All Provincial, Agrarian Reform Officers, All Regional, Chiefs Legal Division
SUBJECT : Rules on the Docketing of Agrarian Law Implementation and Personnel Discipline Cases
In order to rationalize and professionalize the records handling and decision making process, all Regional Directors, Provincial Agrarian Reform Officers, Regional Chiefs Legal Division and Provincial Chiefs Legal Division are directed to comply with the docketing system introduced by Assistant Secretary Hector D. Soliman during the National Assessment last December 1994 effective immediately. HIaTCc
All Folders to be used and the marking of the said folders should be in accordance with the Implementing Rules in the docketing of Agrarian Law Implementation and Personnel Discipline Cases.
Attached is the Implementing Rules in the Docketing System.
For immediate compliance.
Diliman, Quezon City April 3, 1995.
(SGD.) ERNESTO D. GARILAO
Secretary
RULES ON THE DOCKETING OF AGRARIAN LAW IMPLEMENTATION AND PERSONNEL DISCIPLINE CASES
RATIONALE FOR THE PROMULGATION OF THESE RULES. The state of the case folders in our legal system are in disarray. We could not distinguish which is the main case folder, and which are copies of the different offices. Many letters and communications are misrouted because our personnel do not know where they should be filed. Instruction slips, disposition slips and other small pieces of paper clutter the folder, making it hard to see the main pleadings.
In order to rationalize and professionalize the recorded handling and decision making process, these rules are promulgated for the compliance of all concerned.
I. TYPES OF CASES THAT NEED TO BE DOCKETED
A. Agrarian Law Implementation cases, such as:
1. Applications for Exemption under Sec. 10
2. Applications for Exemption under DOJ 44, s. 1990
3. Applications for Retention under PD 27 or CARL
4. Protest on CARP coverage
5. Protest on OLT coverage
6. Conflict and Claims in Landed Estates and Settlements
7. Exclusion/inclusion in the Master List of FBs
8. Cancellation/Correction of Unregistered EPs and CLOAs
B. Personnel discipline Cases
II. RULES ON THE PREPARATION OF THE CASE FOLDER
A. When to docket
Upon the receipt by any DAR Office at any level, the application or petition should docketed. The docket number to be used shall be in conformity with the MIS generated docket numbering system, attached herein as Annex I.
B. What folder to be used
The folder to be used would be a printed folder, the cover of which shall be inconformity with the sample folder attached herein as Annex 2 and 3. The proper entries in the proper blanks should be clearly made. With respect to the case number, the docket number abovementioned shall be used. The blank parentheses under the case number ( ) is reserved for cases which have other numbering system, e.g., DARAB docket numbers, court docket numbers and others.
C. Use of the docket number
The docket number shall serve as a marker that papers, pleading and all types of communications shall be consolidated in the said folder. This will alert the receiving clerks of all offices that the papers they have received, with the docket numbers, should be consolidated in the case folder. EaISTD
D. Creation of the case title
The proper case title shall also be created by the receiving office, e.g. IN RE: PETITION FOR EXEMPTION FROM CARP COVERAGE, Juan dela Cruz, Petitioner.
E. Interface with the Legasys System
Together with the preparation of the docket folder should be the preparation of the inventory form that will officially enter the case into the Legasys.
III. PREPARATION OF THE ACKNOWLEDGMENT LETTER
A. Preparation of the Acknowledgment Letter
Once the document is duly docketed, placed in a folder, and included in the inventory, the receiving office would inform the petitioner or applicant about the following:
1. The docket number assigned to the case or application
2. The title and caption of the case assigned to the folder
This is for purposes of uniformity of the communications, and also to give the case a uniform name.
IV. RULES ON THE MAINTENANCE OF THE FOLDER
A. Pleadings
All pleadings should be fastened to the folder, with the first pleadings/papers at the bottom of the file, and the latest ones at the top.
B. Communications
Copies of other communications (letters, reports) related to but not part of the pleadings of the case should also be attached to the folder but the original should be kept the addressee.
C. Internal Memos Disposition, Assignment slips etc.
In order not to clutter the folder unnecessarily, internal memoranda, disposition and assignment slips, and other extraneous pieces of paper should not be attached permanently to the records, and should be extricated the moment they no longer serve the purpose for which they were written.
D. More than one folder
If the documents of the case become voluminous, and would receive more than one folder, then the additional folders should be used, of the same form, clearly indicating Folders 2, 3, 4 and so on.
E. Monitoring of the service of the decisions and the determination of the finality of orders
An appropriate mechanism should be installed to monitor the service of the orders and decisions properly. Only the final signed orders of the Regional Director and the Secretary should be furnished to the parties and not recommendations and suggestions. Sometimes, when the parties are furnished copies of recommendations, we are faced with the funny situation of motions for reconsideration being filed on mere recommendations.
When the orders/decisions deal with flashpoint cases, make sure that the service is done personally, as much as possible. Monitor the return cards, so that the period of finality and execution could be determined.
V. MODE OF TRANSMISSION FROM ONE OFFICE TO ANOTHER
Ensure that the records do not get lost in transit.
VI. CASES APPEALED FROM THE REGIONAL OFFICE TO THE CENTRAL OFFICE
A. Foldering
If the folder coming from the region is already sufficiently thick, then start a new folder for the appeal pleadings. Otherwise, use the old folder.
Before transmitting folders to the Central Office, ensure that all papers are inside the fastener, and the pages are all numbered chronologically. The transmittal also should indicate the number of pages of the folder.
Make sure that there are no loose pages and never staple papers on the left side of the folder, much less on the front cover, that will hide the name and number of the case.
B. Use of the same docket number
The same docket number will be used on appeal, and the same name of the case.
C. Monitoring of the service of the decisions and finality of orders
The same rule applies as above.
VII. EXECUTION OF THE DECISIONS AND REPOSITORY OF THE RECORDS OF THE CASE
Once the order becomes final, the responsible officer (Regional Director or the BALA, in the DARCO) will now issue the Order of Finality, and then transmit the folder to the Region for execution.
The Region should retain the folder, and only decision should be sent to the PARO or MARO for execution.
GUIDELINES OF THE DOCKETING OF DAR CASES PERTAINING TO AGRARIAN LAW IMPLEMENTATION PERSONNEL DISCIPLINE AND LEGAL ASSISTANCE
1. To facilitate reporting of cases, the following format of the Legal Information System (LEGASYS) docket number shall be adopted for cases pertaining to agrarian law implementation, personnel discipline, and legal assistance:
The aforementioned format is for internal use only. Cases will still be identified by the docket numbers originally assigned to them by the courts/DAR offices.
For the description of case types and the list of codes to be used in docketing, see Appendix A.
2. When a case is endorsed or appealed to another DAR office (e.g., from the regional office to the Central Office), the receiving office need not assign a new docket number for the case.
3. The Legal Assistance Divisions of all DAR regional and provincial offices; as well as the BALA -CCD, the BALA — Litigation Division, the Legal Affairs Office, the LAO-Litigation Unit, and the Legal Service should maintain a logbook of original cases received by or filed at their respective offices. One logbook should be maintained for each case type. Appealed and endorsed cases (meaning, cases appealed or endorsed by one DAR office/unit to another DAR office/unit) should likewise be recorded in a separate logbook.
The logbooks should contain the following entries:
• LEGASYS Docket No. * Date Received
• Court/Office Docket No. * Case Indorsed to . . .
• Case Title * Date Indorsed
• Date Filed * Case Appealed to . . .
• Office/Court Where the Case was * Date Appealed
Originally Filed
4. Only the following cases shall be assigned with docket numbers using the prescribed format:
* cases pending as of December 31, 1992
* cases filed in 1993 and thereafter
The Management Information Service (MIS) shall assign LEGASYS docket numbers to cases filed prior to January 1, 1994. Original cases filed in 1994 and thereafter shall be assigned with LEGASYS docket numbers by the Legal Assistance Divisions of the regional and provincial offices, as well as the BALA, the LAO, and the Legal Service.
If the case was filed at two or more DAR offices/units, the principal addressee of the petition or complaint should be the one to assign a docket number to the case.
5. The sequence number for each type of case and for each DAR officer/unit should always start with "0001" every time a new year begins.
APPENDIX A
LEGASYS DOCKET NUMBER CODES
CASE CLASSIFICATION:
L — Legal Assistance (administrative, agrarian, civil, criminal, and DARAB cases, with DAR lawyer /legal officer acting as counsel for one of the parties of the case)
A — Agrarian Law Implementation (administrative cases pertaining to ministerial implementation of the agrarian reform program, with DAR lawyer/legal officer/official assisting in the actual resolution of the case, e.g. as part of a fact-finding team)
P — Personnel Discipline (administrative cases pertaining to the discipline of DAR employees and officials, with DAR lawyer/legal officer/official assisting in the actual resolution of the case)
OFFICE LOCATION:
0100 - DARPO Region I
0103 - DARPO Ilocos Norte
0104 - DARPO Ilocos Sur
0105 - DARPO La Union
0107 - DARPO Pangasinan
0200 - DARPO Region II
0201 - DARPO Batanes
0202 - DARPO Cagayan
0204 - DARPO Isabela
0206 - DARPO Nueva Viscaya
0207 - DARPO Quirino
0300 - DARPO Region III
0301 - DARPO Bataan
0302 - DARPO Bulacan
0303 - DARPO Nueva Ecija (North)
0308 - DARPO Nueva Ecija (South)
0304 - DARPO Pampanga
0306 - DARPO Tarlac
0307 - DARPO Zambales
0400 - DARPO Region IV
0401 - DARPO Batangas
0402 - DARPO Cavite
0403 - DARPO Laguna
0404 - DARPO Marinduque
0405 - DARPO Occidental Mindoro
0406 - DARPO Oriental Mindoro
0407 - DARPO Palawan
0408 - DARPO Quezon I
0412 - DARPO Quezon II
0409 - DARPO Rizal
0410 - DARPO Romblon
0411 - DARPO Aurora
0500 - DARPO Region V
0501 - DARPO Albay
0502 - DARPO Camarines Norte
0503 - DARPO Camarines Sur
0504 - DARPO Catanduanes
0505 - DARPO Masbate
0506 - DARPO Sorsogon
0600 - DARPO VI
0601 - DARPO Aklan
0602 - DARPO Antique
0603 - DARPO Capiz
0604 - DARPO Iloilo
0605 - DARPO Negros Occidental
0606 - DARPO Guimaras
0700 - DARPO Region VII
0701 - DARPO Bohol
0702 - DARPO Cebu
0703 - DARPO Negros Oriental
0704 - DARPO Siquijor
0800 - DARPO Region VIII
0801 - DARPO Leyte
0802 - DARPO Southern Leyte
0803 - DARPO Eastern Samar
0804 - DARPO Northern Samar
0805 - DARPO Western Samar
0806 - DARPO Biliran
0900 - DARPO Region IX
0901 - DARPO Sulu
0902 - DARPO Zamboanga del Norte
0903 - DARPO Zamboanga del Sur
0904 - DARPO Tawi-Tawi
0905 - DARPO Basilan
1000 - DARPO Region X
1001 - DARPO Agusan del Norte
1002 - DARPO Agusan del Sur
1003 - DARPO Bukidnon
1004 - DARPO Camiguin
1007 - DARPO Misamis Occidental
1008 - DARPO Misamis Oriental
1009 - DARPO Surigao del Norte
1100 - DARPO Region XI
1102 - DARPO South Cotabato
1103 - DARPO Davao del Norte
1104 - DARPO Davao del Sur
1105 - DARPO Davao Oriental
1106 - DARPO Davao City
1109 - DARPO Surigao del Sur
1200 - DARPO Region XII
1201 - DARPO Lanao del Norte
1202 - DARPO Lanao del Sur
1203 - DARPO Maguindanao
1204 - DARPO North Cotabato
1205 - DARPO Sultan Kudarat
1300 - DARPO C.A.R
1301 - DARPO Abra
1302 - DARPO Benguet
1306 - DARPO Mountain Province
1303 - DARPO Ifugao
1305 - DARPO Kalinga-Apayao
9999 - DAR Central Office (Quezon City)
ANNEX 2
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
CASE FOLDER
IN RE : Petition for the Exemption of Certain Parcels of Land Located at San Jose del Monte, Bulacan.
JOSE Y. DELOS SANTOS, Case No. A-9999-94-0001
Petitioner. ( )
x_____________________________x
Name and Address of Petitioner Name and Address of Respondent
__________________________ ________________________
__________________________ ________________________
__________________________ ________________________
Petitioner's Counsel and Address Respondent's Counsel and Address
__________________________ ________________________
__________________________ ________________________
__________________________ ________________________
ANNEX 3
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
CASE FOLDER
__________________________
__________________________
__________________________
Case No. _____
__________________________
Petitioner/Applicant ( )
x_____________________________x
Name and Address of Petitioner Name and Address of Respondent
__________________________ ________________________
__________________________ ________________________
__________________________ ________________________
Petitioner's Counsel and Address Respondent's Counsel and Address
__________________________ ________________________
__________________________ ________________________
__________________________ ________________________