July 2, 2013

DAR MEMORANDUM CIRCULAR NO. 13-13

It has been observed that there is no uniform or standard manner or system in the case-file preparation of Agrarian Law Implementation (ALI), Conversion, and Exemption/Exclusion cases. In many instances, this results in disorganization, confusion, and difficulty in the handling and review of said case folders, which is not conducive to the efficient and speedy disposition of cases pending before the Department.

To address and minimize, if not prevent, the perennial occurrence of the aforementioned problems, this Circular is hereby issued.

SECTION 1. Applicability. These rules and procedures shall govern all Case File preparations for ALI, Conversion, and Exemption/Exclusion cases on Orders/Decisions, for signature of the Regional Directors and the Secretary.

SECTION 2. Case File Content and Classification (3-Folder System). Each Case File shall have three (3) distinct folders, as follows:

a. Case Folder This shall contain the pleadings (application/petition, complaint, answer, comment, position paper, memorandum, etc.), material documents, photographs taken of the subject property, pieces of evidence, and original copies of Orders, Resolutions, Interlocutory Orders, Notices for OCI/Investigation and Clarificatory Hearings, OCI/Investigation Reports, Clarificatory Hearing Reports, Findings, and Recommendations; CDaSAE

b. Internal Folder This shall contain the Department's internal and/or confidential Memoranda, routing slips, handwritten notes, and other internal communications; and

c. Draft Orders Folder This shall contain copies of the draft Orders or Decisions.

SECTION 3. Table of Contents. Each of the three (3) aforementioned folders shall have a Table of Contents, chronologically arranged according to the date of receipt of the responsible officers of the Department of Agrarian Reform Regional Office (DARRO), Regional Center for Land Use Policy Planning and Implementation (RCLUPPI), and Bureau of Agrarian Legal Assistance (BALA), as the case may be.

SECTION 4. Pagination and Limited Number of Pages for Each of the Three (3) Casefolders. Pagination shall be in chronological order, also according to date of receipt (the first received document in the first page, so on and so forth, until the last received document in the last page). The first received document (including the Annexes, if any) shall be put at the top, so on and so forth, until the last received document to be put at the bottom.

To facilitate the chronological and systematic incorporation of the documents from the top to the bottom, holing, fastening, binding, and/or sewing shall be done at the LEFT-END SIDE of the FRONT COVER of the Case Folder.

The aforementioned responsible officers shall inscribe a page number (by hand or with a paginating device) on each and every page. Said responsible officers shall thereafter affix their initials on each and every page.

To facilitate the handling and review of each of the three (3) case folders, each shall ideally be limited to the following maximum number of pages:

a. Case Folder 300 pages, more or less;

b. Internal Folder 100 pages, more or less; and

c. Draft Folder 100 pages, more or less. aCTcDS

Should the number of pages exceed the ideal maximum, as abovementioned, the case folders shall be labelled, as follows:

a. Case Folder

a.1. Case Folder I: 1st to 300th page, more or less;

a.2. Case Folder II: 301st to 600th page, more or less; and

a.3. And so on.

b. Internal Folder

b.1. Internal Folder I: 1st to 100th page, more or less;

b.2. Internal Folder II: 101st to 200th page, more or less; and

b.3. And so on.

c. Draft Order Folder

c.1. Draft Order Folder I: 1st to 100th page, more or less;

c.2. Draft Order Folder II: 101st to 200th page, more or less; and

c.3. And so on.

SECTION 5. Folders to be Forwarded in Case of Appeals. If a case is appealed from the Regional Director (RD) to the Secretary or DAR Central Office, the Case Folder and the Internal Folder shall be forwarded to BALA (for ALI cases) or to CLUPPI (for Conversion and Exemption/Exclusion Cases). CAIaHS

However, for cases appealed from the DAR Secretary to the Office of the President (OP) or the courts, only the Case Folder shall be forwarded to the latter.

SECTION 6. Transitory Provisions. The provisions of this Circular shall apply to all new cases filed from the date of effectivity hereof.

SECTION 7. Repealing Clause. Any and all Administrative Orders, Memorandum Circulars, and other issuances inconsistent herewith are hereby accordingly repealed, modified, and/or amended.

SECTION 8. Separability Clause. Any judicial pronouncement declaring as unconstitutional any provision of this Circular shall have no effect on the validity of the other provisions not affected thereby.

SECTION 9. Effectivity. This Circular shall take effect immediately.

Quezon City, July 2, 2013.

(SGD.) VIRGILIO R. DE LOS REYES
Secretary
Department of Agrarian Reform