May 7, 1997
DAR MEMORANDUM CIRCULAR NO. 18-97
TITLE : Clarificatory Guidelines Regarding
the Internal Rules of Procedure of
Memorandum Circular No. 9, Series
of 1997, Amending for the Purpose
Certain Provisions Thereof
Part VI, Rules of Procedure, of M.C. No. 9, Series of 1997, is hereby amended to read as follows: cTaDHS
B. The CLUPPI-2 shall:
1. Receive and record all applications for conversion and exemption/exclusion/protest/lifting of notice of acquisition;
2. Evaluate the required documents for completeness and compliance with all requisites;
3. Conduct field investigation of the area being applied for conversion or exemption and, whenever necessary, conduct dialogues with all parties concerned;
4. Prepare their Findings and Recommendations as well as the draft order recommending either the approval or denial of the application/protest and the subsequent lifting of the order of coverage, if any, in meritorious cases; and
5. Indorse all applications for:
a. conversion involving areas five (5) hectares and below to the Office of the Undersecretary for Policy, Planning and Legal Affairs (PPLAO);
b. conversion involving areas above (5) hectares to CLUPPI-1; and
c. exemption under DOJ Opinion 44/protests/lifting of notice of acquisition to the Assistant Secretary for PPLAO.
C. The CLUPPI-1 shall review and act on all applications for conversion involving areas above five (5) hectares in accordance with A.O. 12, Series of 1994, as amended.
D. The Assistant Secretary for PPLAO shall:
1. Review all applications for exemption/exclusion/protest/lifting of notice of acquisition;
2. Whenever necessary, conduct field investigation and/or dialogues;
3. Prepare recommendation to the Undersecretary for PPLAO or the Secretary, as the case may be; and
4. Indorse the application, together with the recommended draft order, to:
a. the Undersecretary for PPLAO for protest/exclusion/lifting of notice of acquisition cases; or
b. the Office of the Secretary for exemption applications under DOJ Opinion 44.
E. The PLUTC shall review and act on applications in accordance with A.O. 12, Series of 1994, as amended.
F. The Undersecretary for PPLAO shall:
1. Review and approve/disapprove all applications for conversion of areas five (5) hectares and below received from CLUPPI-2 and applications for conversion of areas fifty (50) hectares and below as indorsed by CLUPPI-1;
2. Review and approve/disapprove all protests/lifting of notice of acquisition cases as indorsed by the Assistant Secretary for PPLAO except those falling under DOJ Opinion No. 44; and
3. Forward the signed order to CLUPPI-2.
G. The Secretary shall:
1. Approve/disapprove:
a. all applications for conversion of areas exceeding fifty (50) hectares;
b. all exemption cases brought pursuant to DOJ Opinion No. 44; and
c. all cases brought on appeal from the Order of the Undersecretary for PPLAO. SEHaTC
This Memorandum Circular takes effect immediately.
Diliman, Quezon City, 07 May 1997.
(SGD.) ERNESTO D. GARILAO
Secretary