January 5, 1995

DAR MEMORANDUM CIRCULAR NO. 01-95

TO    :     All Regional and Provincial Adjudicators All Regional Directors and Provincial Agrarian Reform Officers

SUBJECT     :     On the Matter of the Authority of the Adjudication Board to Conduct Summary Administrative Proceedings for the Preliminary Determination of Just Compensation

Considering the passage of Administrative Order Nos. 11, series of 1994, which amends Administrative Order No. 8, s. 1993, and Administrative Order No. 13, series of 1994, which provide for a six percent compounded interest for unpaid claims pursuant to Presidential Decree No. 27, the following guidelines are hereby promulgated for the implementation of all Provincial and Regional Adjudicators:

1.      All land valuation cases that have pending issues related to Adm. Order. No. 11, s. 1994 (e.g., Listasaka price as a ceiling cup for land valuation) may, upon proper motion, be returned to the Land Bank of the Philippines for proper revaluation, or may be utilized by the Adjudicators in correcting or adjusting land valuation computation.

2.      All land valuation cases which involve just compensation issues under Presidential Decree No. 27, may upon proper motion be returned to the LBP for recomputation, in accordance with the mandate under Administrative Order No. 13, s. 1994. We would like to inform all Adjudicators that the DARAB does nor have jurisdiction to hear and decide valuation cases relative to PD No. 27, such matters being considered as part of the Administrative implementation of PD 27, and therefore cognizable exclusively by the Office of the Secretary. This principle is found in Section 12 of Presidential Decree No. 946, which states the following:

". . . Provided however that matters involving the administrative implementation of the transfer of the land to the tenant farmer under Presidential Decree No. 27 and amendatory and related decrees, orders, instructions rules and regulations shall be exclusively cognizable by the Secretary of Agrarian Reform, namely:

xxx                      xxx                      xxx

(3)    Determination of the total production land value of the land to be transferred"

(4)    Henceforth, all Adjudicators are directed to conduct the summary administrative proceedings stipulated in Sec. 16 of RA 6657 in accordance with the mandate of Administrative Order No. 6, s. 1992, Adm. Order No. 11, s. 1994, and other department issuances on land valuation. The principal role of the adjudicator in the summary administrative proceeding is to inquire whether the LBP and the DAR in its land valuation computation has been faithful to the mandates of Adm. Order No. 6, s. 1992, and its amendatory administrative orders.

For the information and guidance of all concerned.

Diliman, Quezon City, 05 January 1995.

(SGD.) ERNESTO D. GARILAO
Secretary