October 25, 2004

DAR MEMORANDUM CIRCULAR NO. 21-04

SUBJECT    :     Revision of MC No. 11, Series of 2004, Re: Release of Decisions, Resolutions, or Orders in Agrarian Law Implementation Cases and Personnel Discipline
                           Cases

      In order to promote good governance, transparency and efficiency in the delivery of agrarian justice to the various CARP stakeholders, the guidelines and procedures set forth under MC No. 11, Series of 2004, on the release of Decisions, Resolutions, or Orders on Agrarian Law Implementation (ALI) and Personnel Discipline Cases at the DARCO are hereby revised, to wit:   CAcEaS

1.0       Authority in the Signing of Decisions, Resolutions or Orders

     The Secretary is vested with the authority to sign all Decisions, Resolutions or Orders pertaining to Agrarian Law Implementation (ALI) and Personnel Discipline Cases. However, Decisions, Resolutions or Orders on Personnel Discipline Cases that are recommended for DISMISSAL for lack of merit, shall be signed by the Undersecretary for PPLAO.

2.0       Procedures in the Release of Decisions, Resolutions or Orders

2.1.      Decisions, Resolutions or Orders Signed by the Secretary

2.1.1   The release and distribution of copies of duly signed Decisions, Resolutions or Orders on ALI cases, including conversion/exemption cases, and Personnel Discipline Cases shall, henceforth, be directly handled by the Office of the Secretary (OSEC), through the Head Executive Assistant, in coordination with the Records Management Division (RMD) of the Administrative Service. Thereafter, the prepared copies and notices as processed for distribution to the parties/persons concerned shall be forwarded to the RMD for release. It is understood that copies and notices to parties/persons shall be immediately released by RMD via registered mail with return card. The original copies thereof, and the case folders shall be forwarded to RMD upon the lapse of the prescriptive period for appeal/motion for reconsideration, and shall remain in the custody of RMD for safekeeping. The RMD shall forthwith provide copies of the Decisions, Resolutions, or Orders to concerned offices/units (e.g., CLUPPI, BALA or Legal Service) for file and reference.   TADIHE

2.1.2   The Office of the Secretary shall transmit the prepared copies or notices to RMD for distribution to parties/persons concerned, in sealed envelopes with registry return receipts. The RMD shall ensure that said copies/notices are mailed on the same day of actual receipt from the OSEC, provided that the covering transmittal slips are received by RMD before 12:00 noon on any working day. Otherwise, said copies/notices shall be mailed on the following working day.

2.2       Decisions or Orders Signed by the Undersecretary for PPLAO

            Personnel Discipline Cases signed by the Undersecretary for PPLAO, shall be immediately forwarded to the Legal Service for the latter's distribution to the concerned parties or persons and offices, copy furnished the Office of the Secretary

3.0       Confidentiality and Integrity of Official Documents

     To ensure the confidentiality and integrity of official documents relating to the above, the spirit and intent of MC No. 25, Series of 1995, Re: Observance of Measures to Uphold the Integrity and Confidentiality of Inter-Office Communications and Draft Resolution of Cases Involving Agrarian Law Implementation and Personnel Discipline is hereby reiterated for the strict compliance of all concerned.

     This Memorandum Circular takes effect on 25 October 2004 and supersedes all other Circulars inconsistent herewith.   DTSaIc

     October 25, 2004, Diliman, Quezon City

(SGD.) RENE C. VILLA
Secretary