February 28, 1994
DAR MEMORANDUM CIRCULAR NO. 03-94
TO : DAR Officials, Lawyers, Field
SUBJECT : Finality of Decisions/Orders Issued
For the guidance of all concerned, provided hereunder are the rules governing the finality of decisions/orders issued by the DAR through the Secretary, pursuant to Sections 15 and 20, Book VII of Executive Order No. 292 (Administrative Code of 1987). IEDHAT
1) All decisions/orders issued by the DAR thru the Secretary shall become final and executory fifteen (15) days after receipt of a copy thereof by the party adversely affected, unless within that period, an administrative appeal has been perfected. Only one motion for reconsideration may be filed which shall suspend the running of said period. If the motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.
2. An appeal from the decision/order issued by the Department shall be perfected within fifteen (15) days after receipt of a copy of the decision/order complained of by the party adversely affected, by filling with the DAR a notice of appeal, serving copies thereof upon the prevailing party and the Office of the President and paying the required fees. The DAR shall upon perfection of the appeal transmit the records of the case to the Office of the President.
Please be guided accordingly.
Diliman, Quezon City, 28 February 1994.
(SGD.) ERNESTO D. GARILAO