August 28, 2012

DAR MEMORANDUM NO. 305-12

FOR             :     Director, Bureau of Agrarian Legal Assistance
                           All Regional Directors
                           All Provincial Agrarian Reform Officers
                           All Regional and Provincial Legal Divisions Chiefs
                           All Legal Officers and Concerned Officials

SUBJECT    :     Duty to Render Legal Assistance

     It has come to the attention of this Office that some legal officers of the Department refuse to continue giving legal assistance to agrarian reform beneficiaries (ARBs) and farmers in cases where a Cease and Desist Order (CDO) is issued by either the Regional Director or Secretary.

     In this regard, it must be clarified that a CDO is issued primarily to preserve the peace and order in the area when there appears to be imminent danger to the life or property of the parties in a case.

     Accordingly, the issuance of such an Order does not operate to prevent the Department from rendering its duty to provide legal assistance to ARBs pursuant to Executive Order No. 129. 1 This is, in fact, its legal mandate, which continues and remains, the CDO notwithstanding. Hence, any and all requests for legal assistance by affected ARBs under such circumstances must be attended to by the legal officer concerned, if warranted.

     For strict compliance.

                                                                    (SGD.) ATTY. MARY FRANCES PESAYCO-AQUINO
                                                                                                     OIC-Undersecretary
                                                                            Legal Affairs Office

Footnotes

  1.       E.O. 129, Sec. 4. Mandate. The Department shall be responsible for implementing the Comprehensive Agrarian Reform Program and, for such purpose, it is authorized to:

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                     g) Provide free legal services to agrarian reform beneficiaries and resolve agrarian conflicts and land tenure problems;

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