February 21, 2002

DAR OPINION NO. 11-02

MEMORANDUM

FOR             :     PARAD WALTER R. CARANTES
                                          DAR Provincial Office
                                         Talavera, Nueva Ecija

SUBJECT    :     Alleged Violation of the Provisions of DAR Administrative Order No. 06, series of 2000 [Rules of Procedures for Agrarian Law Implementation (ALI) Cases]

This refers to your letter dated 07 August 2001 addressed to Director Nestor R. Acosta and RARAD Fe Arche Manalang, expressing your apprehension regarding "transfer actions" filed before the DARAB apparently in violation of the provisions of DAR Administrative Order No. 06, series of 2000, specifically Section 2 (n) in relation to Sections 6, 7 and 10 thereof, thus, contributing to the dockets of the DARAB on one hand, and negating the Regional Director's exercise of jurisdiction on ALI cases on the other hand.

If, indeed, said "transfer action" cases fall within the contemplation of the aforecited provisions of Administrative Order No. 06, series of 2000, the remedy is explicitly provided for under Section 4 of the same guideline, quote:   HSDIaC

"SEC. 4.       Referred of Cases — If a case covered by Section 2 herein is filed before the DARAB, the concerned DARAB Official shall refer the case to the proper DAR Office for appropriate action within five (5) days after said case is determined to be within the jurisdiction of the Secretary . . . . (emphasis supplied)

As to your recommendation that a conference and/or dialogue be conducted, you may take the initiative in bringing out the matter as one of the issues to be discussed in future conferences/dialogues involving DAR Adjudicators, Heads of Legal Divisions and/or Regional Directors. You may likewise consider furnishing your co-adjudicators and the DAR Legal Division of your province copies of DAR A.O. No. 06, series of 2000 and this legal opinion.   TDCaSE

Please be so guided.

Thank you.

(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office

Copy furnished:

Dir. Nestor R. Acosta, CESO II

DAR Regional Office No. III

San Fernando, Pampanga

RARAD Fe Archie Manalang

DAR Regional Office No. III

San Fernando, Pampanga