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(NAR) VOL. 6 NO. 1 / JANUARY - MARCH 1995

[ DAR ADMINISTRATIVE ORDER NO. 10, August 30, 1994 ]

AMENDING ADMINISTRATIVE ORDER (A.O.) NO. 13, SERIES OF 1990 ENTITLED "RULES AND PROCEDURES GOVERNING EXEMPTION OF LANDS FROM COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP) COVERAGE UNDER SECTION 10 OF R.A. NO. 6657", TO AUTHORIZE ALL REGIONAL DIRECTORS TO HEAR AND DECIDE APPLICATIONS FOR EXEMPTION FOR ALL LAND SIZES



I
Rationale

To accelerate the processing and evaluation of various applications for exemption and exclusion of lands covered by CARP, the authority of the Regional Directors (RDs) to approve or disapprove applications for exemption from CARP coverage of lands five (5) hectares and below pursuant to Section IV-C of Administrative Order (A.O.) No. 13, s. 1990, is hereby amended and expanded to include all land sizes.

II
Rationale

Specifically, Section IV-C of A.O. No. 13, s. 1990 is hereby amended to read as follows:

Operating Procedures for Regional Directors

  1. Review and evaluate the report of findings and recommendations of the Provincial Agrarian Reform Officer (PARO) and Municipal Agrarian Reform Officer (MARO), and other documents contained in the Application for Land Exemption Folder (ALEF).

  2. If the documents are in order, issue an Order of Approval or Order of Denial hereof, otherwise return the ALEF to the DAR Provincial Office (DARPO) for further action.

  3. Forward the Order of Approval or Denial to the PARO for distribution to the contending parties and counsel, if any, furnishing a copy to he Office of the Secretary, Undersecretary for Field Operations, Legal Affairs Office (Attn.: Bureau of Agrarian Legal Assistance (BALA)], and the Management Information Service within 15 days from the release of the Order of Approval or Denial.

    The Order of the RD approving or denying the application for exemption shall become final 15 days from receipt of the same, unless an appeal is made to the DAR Secretary.

  4. In case of denial of the application for exemption, the DAR Regional Office (DARRO) through the DARPO and the DAR Municipal Office (DARMO) shall cause the acquisition and distribution of the properly in accordance with A.O. No. 1, s. 1993, and other related issuances after the lapse of the 15-day reglamentary period.

  5. Perform the duties and functions enumerated above within ten (10) working days from receipt of the ALEF from the PARO."

III.
Filing/Resolution of Motions and Appeals

The filing of motions for reconsideration with the RD and the appeal to the Secretary shall be governed by Sec. III of A.O. No. 09, s. 1994 regarding authority of all RDs to hear and decide all protests involving coverage of lands under R.A. No. 6657 or P.D. No. 27 and defining the appeal process from the RDs to the Secretary.

IV
Repealing Clause

All provisions of A.O. No. 13, s. 1990 not expressly revoked, repealed, or amended by this Order shall still apply. All other issuances inconsistent herewith are hereby modified or repealed accordingly.

V.
Effectivity

This Order takes effect ten (10) days after its publication in two (2) newspapers of general circulation pursuant to Sec. 49 of R.A. No. 6657.

Adopted: 30 Aug. 1994

(SGD.) ERNESTO D. GARILAO
Secretary

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