ADMINISTRATIVE ORDER NO. 04
SERIES OF 2018
SUBJECT: AMENDMENT TO THE OMNIBUS SUMMARY RULES FOR CANCELLATION CASES OF EMANCIPATION PATENTS, CERTIFICATES OF LAND OWNERSHIP AWARD AND OTHER TITLES ISSUED UNDER ANY AGRARIAN REFORM PROGRAM
______________________________________________________________________________
Administrative Order (A.O.) No. 2, Series of 20 IS, otherwise known as 2018 Omnibus Summary Rules for Cancellation Cases of Emancipation Patents, Certificates of Land Ownership Awards and Other Titles Issued Under Any Agrarian Reform Program", streamlining the process or cancellation is hereby amended as follows:
SECTION 1. Section 2.2.6 of A.O. NO. 2, Series of 2018 is hereby modified to read as follows:
“For all cancellation actions. any documentary proof of service that the registered owner/s and concerned Register of Deeds (ROD) were served copy of the Application for Cancellation (Form No. 1).”
SECTION’ 2. Section 2.8 of A.O. No. 2, Series of 2018 is hereby modified to read as
The duly approved Order of Cancellation, copy furnished the ARB/s adversely affected by the cancellation and concerned ROD, shall be transmitted to the concerned PARP O II. The ROD, upon the initiative of the PARPO II, shall undertake the cancellation of the EP, CLOA or other title issued under any agrarian reform program in accordance with the instructions embodied in the Order of Cancellation.”
SECTION 3. Section 3.1 of A. O. No. 2, Series of 2018 is hereby modified to read as follows:
“Any and all actions for cancellation of EPs. CLOAs and other titles issued under any agrarian reform program pending at the Provincial Agrarian Reform Adjudicator (PARAD) with a final and executor judgement in an API case shall be transferred to the concerned PARPO II for processing in accordance with this A.O., with notice to all parties.
For actions for cancellation with incomplete set of supporting documents based on applicable rules governing such actions at the time of filing, the PARPO II shall then direct the applicant to complete the required documents in accordance with A.O. No. 2, Series of 2018, as amended.”
SECTION 4. Section 3.3 of A.O. No. 2, Series of 2018 is hereby modified to read as follows:
Any and all actions for cancellation of EPs, CLOAs and other titles issued under any agrarian reform program pending at the Assistant Secretarty for Legal Affairs Office (ALAO) and the Bureau of Agrarian Legal Assistance (BALA) with a final and executury judgement in an ALI case shall be processed under this A.O.
Actions for cancellation with an incomplete set of supporting documents based on applicable rules governing such actions at the time of filing shall be dismissed without prejudice.
SECTION 5. Section 3.4 of A.O. No. 2, Series of 2018 is hereby modified to read as follows:
"Any and all actions for cancellation of EPs, CLOAs and other titles issued under any agrarian reform program pending at the ALAO without final and executory judgement in an ALI case shall be processed under the following:
5.1. ALI cases with an RD decision on appeal and those falling under the original and appellate jurisdiction of the Office of the Secretary (OSEC) shall be forwarded to the BALA for review in accordance with the ALI rules or applicable rules on special ALI cases,
5.2 ALI cases without an RD decision shall be remanded to the concerned RD for review and processing in accordance with the ALI rules or applicable rules on special ALI cases.
For cancellation of EPs. CLOAs and other titles issued under any agrarian reform program pending at the BALA without a final and executory judgement in an ALI case except those falling under the original and appellate jurisdiction of the OSEC, shall be forwarded to the RD/PARPO II concerned."
SECTION 6. Section 4 of DAR A.O. No. 2, Series of 2018 is hereby amended to read as
“DAR A.O. No. 6, Series of 2011, DAR A.O. No. 6. Series of 2014, DAR A.O. No. 7, Series of 2014 and DAR A.O. No. 4, Series of 2015 are hereby repealed. All other DAR issuances inconsistent with this A.O. are repeated, modified and/or amended. “
SECTION 7. DAR A.O. No. 1, Series of 2017 (Suspension of Administrative Order Leos. 03, 04, 06 and 07, Series of 2016 and Amendment of Sections 19 and 25 of A.O. No. 3, Series of 2012 Amending Sections 60 and 71 of A.O. No. 7, Series of 2011) is revise. Any matter concerning the Oath of the Agrarian Reform Beneficiary (ARB) for purposes of qualification under the program, the submission of the Approved Survey Plan (ASP), the rules overning parcelization of collective CLOAs, the approval at and revocation of agribusiness venture arrangements, and the transfer of ownership involving awarded lands and private agricultural lands, shall be governed by the aforesaid revived A.O. until such time that the Department issues new rules and regulations on such matters.
SECTION 8. All cancellation forms under A.O. 2, Series of 2018 are hereby revised and modified. Attached are the applicable revised and additional forms, to wit: Cancellation Form Nos. 1; 2; 2-A; 2-B; 3; 3-A; 3-B; 3-C; 4 and 4-.4.
SECTION 9. Any judicial pronouncement declaring as unconstitutional any provision of this A.O. shall have no effect on the validity of the other provisions not affected thereby.
SECTION 10. This A.O. shall take effect ten (10) days after its publication in two (2) newspapers of general circulation.
Issued this June 06, 2018, Diliman, Quezon City
-
Malava
-
Business Mirror
Date of Publication: June 11, 2018
Cancellation Form No. 1
CANC APPLICATION NO.
APPLICATION FOR CANCELLATION
I, ____________________________________, Filipino, of legal age, married/single, a resident of __________________________________________ , do hereby request for the cancellation of the title/s in accordance with DAR Administrative Order (AO) No. 2, Series of 2016, as amended, described as follows:
_________________ _________ __________ _______________________ ______________
_________________ _________ __________ _______________________ ______________
_________________ _________ __________ _______________________ ________________
The aforesaid request for cancellation of title/s is based upon any of the following: (Please check appropriate box)
1. Existence of a final and executory decision with following Information:
| Docket No. | _____________________________________________ |
| Cace Title | _____________________________________________ |
| Name of Parties | _____________________________________________ |
| Office/Coutt | _____________________________________________ |
| Date of Decision | _____________________________________________ |
| Date of Finality | _____________________________________________ |
- Correction of technical description in the aforesaid title/s which do not affect the identity or number of agrarian reform beneficiaries or the size and scope of the landholdings under the said title/s
4.
Hereto
Transfer of title/s on the basis of a conveyance approved (through a valid DAR transfer clearance
Motion of the petitioner/s or all the parties to withdraw the Cancellation Action. attached are the applicable document/s to support the processing of my request:
(Please check appropriate box)
Certified True Copy of the Decision of the court/office
Certification from the court/office that the Decision has become final and executory Motion to Dismiss or Withdraw in Case No. pending at
docketed as DAR Transfer Clearance
Corrected Technical Description of the subject EP/CLOA/other title issued under
agrarian reform program certified as true and correct by the DENR-LMS/LRA Most recent certified true copy of the subject EP/CLOA/other title
Cancellation Form No. 1
Proof of service that the registered owner/s of the EP/CLOA/other titles and the Register of Deeds (ROD) were served with a copy of the Cancellation Form 1
I hereby certify under oath that all statements I made in this request are true and correct based on my personal knowledge and that all documents attached are authentic.
Signature over Printed Name of Applicant/Owner
Date
SUBSCRIBED AND SWORN to before me this day of 2018 at
Philippines, the above named applicant/owner presented to me his Identification No. issued at on , and attested to me that the statements contained in herein are all truth and factual.
Notary Public
Doc No. _____
Page No. ____
Book No._____
Series of 2018
Copy Distribution:
Original: DARPO Duplicate: Applicant
Triplicate: ROD concerned
Quadruplicate: ULAO//UFOO
Cancellation Form No. 2
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of Region No.
CANC APPLICATION NO.
PARPO II ACKNOWLEDGMENT RECEIPT
I acknowledge the receipt of the accomplished Application for Cancellation (Form No.
1) or the verified Petition for Cancellation and the attached applicable documents filed by
(name of applicant/s): (Please check appropriate box)
Certified True Copy of the Decision of the court/office
Certification from the Court/Office that the decision has become final and executory Motion to Dismiss or Withdraw in Case No. pending at
docketed as DAR Transfer Clearance
Corrected Technical Description of the subject EP/CLOA/other title issued under agrarian reform program certified as true and correct by the DENR-LMS/LRA
Most recent certified true copy of the subject EPs/CLOAs/other title/s
Proof of service that the registered owner/s of the EPs/CLOAs/other title/s and the Register of Deeds (ROD) were served with a copy of the Application for Cancellation (Form No. 1)
I have examined the said application or the verified Petition for Cancellation and the attached documents and found the same complete and in order pursuant to the requirements set forth under Administrative Order No. 2, Series of 2018, as amended and Memorandum Circular No. , Series of 2018.
Done this____day of _____ 20_____.
_______________________________________________
Signature over Printed Name of PARPO II
___________________
Date
Copy Distribution:
Original: Applicant/BALA: Duplicate: DARPO/File
Triplicate: ULAO/UF OO
Cancellation Form No. 2-A
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
CANC AP PLICATION NO.
ALAO ACKNOWLEDGMENT
I acknowledge the presence of the accomplished Application for Cancellation (Form No.
1) or the verified Petition for Cancellation and the attached applicable documents filed by
(name of applicant/s): (Please check appropriate box)
Motion to Dismiss or Withdraw in Case No. pending at
docketed as DAR Transfer Clearance
Corrected Technical Description of the subject EP/CLOA/other title issued under agrarian reform program certified as true and correct by the DENR-LMS/LRA
Most recent certified true copy of the subject EP s/CLOAs/other title/s
Proof of service that the registered owner/s of the EPs/CLOAs/other title/s and the Register of Deeds (ROD) were served with a copy of the Application for Cancellation (Form No. 1)
I have examined the said application or the verified Petition for Cancellation and the attached documents and found the same complete and in order pursuant to the requirements set forth under Administrative Order No. 2, Series of 2018, as amended, and Memorandum Circular No. , Series of 2018.
Done this day of 20
__________________________________
Signature over Printed Name of
Assistant Secretary, LAO
________________
Date
Copy Distribution:
Original: ULAO
Duplicate: ALAO/File
Cancellation Form No. 2-B
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
CANC APPLICATION NO.
BALA ACKNOWLEDGMENT RECEIPT
I acknowledge the presence of the accomplished Application for Cancellation (Form No.
1) or the verified Petition for Cancellation and the attached applicable documents filed by
(name of applicant/s): (Please check appropriate box)
Motion to Dismiss or Withdraw in Case No. pending at
docketed as DAR Transfer Clearance
Corrected Technical Description of the subject EP/CLOA/other title issued under agrarian reform program certified as true and correct by the DENR-LMS/LRA
Most recent certified true copy of the subject EPs/CLOAs/other title/s
Proof of service that the registered owner/s of the EPs/CLOAs/other titIe/s and the Register of Deeds (ROD) were served with a copy of the Application for Cancellation (Form No. 1)
I have examined the said application or the verified Petition for Cancellation and the attached documents and found the same complete and in order pursuant to the requirements set forth under Administrative Order No. 2, Series of 2018, as amended and Memorandum Circular No. , Series of 2018.
Done this day of 20
____________________________________
Signature over Printed Name of Director, BALA
Date
Copy Distribution:
Original: ALAO
Duplicate: BA LA/File Triplicate: ULAO/U FOO
Cancellation Form No. 3
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
Province of Region No.
CANC APPLICATION NO.
PARPO II RECOMMENDATION
Pursuant to DAR Administrative Order No. 2, Series of 2018, as amended, and Memorandum Circular No. __, Series of 2018, the undersigned hereby recommends the Grant or Denial of the cancellation of the following title/s.
EP/CLOA No /Title No.
ROD AREA
REGISTERS D OWNER
LOCATION
The recommendation is based on any of the following: (Please check appropriate box)
Determination that the aforesaid titles must be cancelled in accordance to the decision, described as follows:
Docket No
Case Title
Office/Court Date of Decision Date of Finality
Withdrawal of the Cancellation case:
Motion to Dismiss or Withdraw in Case No.
docketed as
pending at
Approved transfer of title on the basis of DAR Transfer Clearance dated with Issuance No.
Attached documents: (Please check appropriate box)
Certified True Copy of the Decision of the
Certification from the Court/office of Finality of the Decision has become Final and Executory
Motion to Dismiss or Withdraw the Case DAR Transfer Clearance
The most recent certified true copy of the subject EP/CLOA/other title
Proof of service that the registered owner/s of the EP/CLOA or other title issued under agrarian reform program and the concerned ROD were served with a copy of the Application for Cancellation (Form No. 1)
Remarks:
Respectfully submitted.
________________________________________________________________________
Signature over Printed Name of PARPO II
___________________________
Date
Copy Distribution:
Original: ULAO Duplicate: DARPO/File
Cancellation Form No. 3-A
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
Province of Region No.
CANC APPLICATION NO.
PARPO II RECOMMENDATION
Pursuant to DAR Administrative Order No. 2, Series of 2018, as amended, and Memorandum Circular No. , Series of 2018, the undersigned hereby recommends the
GRANT or DENIAL of the cancellation of the following title/s.
EP/CLOA No./Title No. ROD
AREA REGISTER ED OWNER
LOCATION
The recommendation is made to correct the technical description/s in the aforesaid title/s based on the correct technical description as certified by the DENR-LMS/LRA in the following manner.
Title No. Erroneous Technical Description Corrected Technical Description (EP/CLOA)
Attached herewith a certified copy of the correct technical description/s as certified by the DAR-LMS/LRA for the aforesaid EPs/CLOAs/other title/s.
Respectfully submitted.
_________________________________
Signature over Printed Name of PARPO II
___________
Date
Original: UFOO Duplicate: DARPO/file
Cancellation Form No. 3-B
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
CANC APPLICATION NO.
ALAO RECOMMENDATION
Pursuant to DAR Administrative Order No. 2, Series of 2018, as amended, and Memorandum Circular No. , Series of 2018, the undersigned hereby recommends the
GRANT or DENIAL of the cancellation of the following title/s.
EP/CLOA No./Title No. ROD
AREA REGISTERED
OWNER
LOCATION
The recommendation is based on any of the following: (Please check appropriate box)
Determination that the aforesaid titles must be cancelled in accordance to the decision, described as follows:
Docket No
Case Title Office/Court Date of Decision Date of Finality
Withdrawal of the cancellation case.
Motion to Dismiss or Withdraw Case titled pending at docketed as
Approved transfer of title on the basis of DAR Transfer Clearance dated with Issuance No.
Attached documents: (Please check appropriate box)
Certified True Copy of the Decision of the Certification from the court/office of Finality of the Decision has become final and executory
Motion to Dismiss or Withdraw the case DAR Transfer Clearance
The most recent certified true copy of the subject EPs/CLOAs/other title/s Proof of service that the registered owner/s of the EPs/CLOAs or other title/s issued under agrarian reform program and the concerned ROD were served with a copy of the Application for Cancellation (Form No. 1)
Remarks:
Respectfully submitted.
Cancellation Form No. 3-C
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
CANC APPLICATION NO. BALA RECOMMENDATION
Pursuant to DAR Administrative Order No. 2, Series of 2018, as amended, and Memorandum Circular No____, Series of 2018, the undersigned hereby recommends the
GRANT DENIAL of the cancellation of the following title/s.
|
EP/CLOA No./Title |
ROD |
AREA |
REGISTERED |
LOCATION |
|
No. |
|
|
OWNER |
|
The recommendation is based on any of the following: (Please check appropriate box) Determination that the aforesaid titles must be cancelled in accordance to the
decision, described as follows:
Docket No
Case Title Office/Court Date of Decision Date of Finality
Withdrawal of the Cancellation case:
Motion to Dismiss or Withdraw Case titled pending at docketed as
Approved transfer o* title on the basis of DAR Transfer Clearance dated
with Issuance No.
Attached documents: (Please check appropriate box)
Certified True Copy of the Decision of the Certification from the Court/Office of Finality of the Decision has become final and executory
Motion to Dismis s or Withdraw the case DAR Transfer Clearance
The most recent certified true copy of the subject EPs/CLOAs/other title/s Proof o* service that the registered owner/s of the EPs/C LOAs or other title/s issued under agrarian reform program and the concerned ROD were served with a copy of the Application for Cancellation (Form No. 1)
Rem arks:
Respectfully submitted.
_________________________________
Signature over Printed Name of
Director for BALA
Date
Copy Distribution:
Original: ALAO
Duplicate: BALA/File Triplicate: ULAO
Cancellation Form No. 4
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
CANC APPLICATION NO.
ORDER OF CANCELLATION
This is to certify that the following title/s bearing the following description/s, thus:
Title No.
Issued by
Location
Area
Owner
is/are hereby being CANCELLED on the basis of any of the following ground/s: (Please check appropriate box)
Final and Executory ALI Case
Case No.
Title
Office/Court Date of Decision Date of Finality
Change in Technical Description based on the corrected technical description/s certified as true and correct by the DENR-LMS/LRA which does not affect the number or identities of ARB/s, the area and/or location or the correctness of the coverage of the landholding or any portion thereof.
Issuance of new title due to a conveyance on the basis of a DAR Transfer Clearance dated with Issuance No.
The Case No. entitled before is hereby being DISMISSED on the basis of the Motion to Dismiss or Withdraw action filed by the petitioner/s or all party/ies.
The PARPO II is hereby instructed to initiate the cancellation of the EP/CLOA and other title issued under any Agrarian Reform Program to the ROD in accordance with the instructions embodied in this Order.
SO ORDERED.
20
Secretary
Cancellation Form No. 4-A
Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM
CANC APPLICATION NO.
ORDER OF DISMISSAL
The Cancellation Case No. titled involves the landholding with the following description:
Title No. :
Issued by :
Location :
Area :
Owner :
The Motion to Dismiss or Withdraw action filed by the petitioner/s or all parties is hereby GRANTED. Hence, the abovementioned cancellation case is DISMISSED.
SO ORDERED.
2O
Secretary
CERTIFICATION
This is to certify that Administrative Order No. 4, Series of 2018 entitled “AMENDMENT TO THE OMNIBUS SUMMARY RULES FOR CANCELLATION CASES OF EMANCIPATION PATENTS, CERTIFICATES OF LAND OWNERSHIP AWARD AND OTHER TITLES ISSUED UNDER ANY AGRARIAN REFORM PROGRAM”
was published today, 11 June 2018 in the Malaya and Business Mirror newspapers.
Issued this 11th day of June 2018 for whatever purpose it may serve.
LEOMIDES R. VILLAREAL
Director IV, Public Assistance and Media Relations Service (PO4RS) and Concurrent Director of External Affairs Relations Service (EARS)