RULES OF PROCEDURE FOR AGRARIAN LAW IMPLEMENTATION (ALI) CASES

Pursuant to Sections 49 and 50 of Republic Act (RA) No. 6657, the
“Comprehensive Agrarian Reform Law of 1998,” and in order to foster a
just, inexpensive and expeditious determination of agrarian cases, the
following rules governing the adjudication of cases involving agrarian
law implementation are hereby promulgated:

RULE I
Preliminary Provisions

SECTION 1.       Title . — These Rules shall be known as the “Rules of Procedure for Agrarian Law Implementation (ALI) Cases.”

SECTION 2.       Cases Covered — These Rules
shall govern cases falling within the exclusive jurisdiction of the DAR
Secretary which shall include the following:

(a) Classification and identification of landholdings for
coverage under the Comprehensive Agrarian Reform Program (CARP),
including protests or oppositions thereto and petitions for lifting of
coverage;

(b) Identification, qualification or disqualification of potential farmer-beneficiaries;

(c)  Subdivision surveys of lands under CARP;

(d) Issuance, recall or cancellation of Certificates of Land
Transfer (CLTs) and CARP Beneficiary Certificates (CBCs) in cases
outside the purview of Presidential Decree (PD) No. 816, including the
issuance, recall or cancellation of Emancipation Patents (EPs) or
Certificates of Land Ownership Awards (CLOAs) not yet registered with
the Register of Deeds;

(e) Exercise of the right of retention by landowner;

(f)   Application for exemption under Section 10 of RA 6657 as implemented by DAR Administrative Order No. 13 (1990);

(g) Application for exemption pursuant to Department of Justice
(DOJ) Opinion No. 44 (1990) as implemented by DAR Administrative Order
No. 6 (1994);

(h)  Application for exemption under DAR Administrative Order No. 9 (1993);

(i)   Application for exemption under Section 1 of RA 7881, as implemented by DAR Administrative Order No. 3 (1995);

(j)   Issuance of certificate of exemption for lands subject of
Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) found
unsuitable for agricultural purposes pursuant to DAR Memorandum Circular
No. 34 (1997);

(k)  Application for conversion of agricultural lands to
residential, commercial, industrial or other non-agricultural uses
including protests or oppositions thereto;

(l)   Right of agrarian reform beneficiaries to homelots;

(m)      Disposition of excess area of the farmer-beneficiary’s landholdings;

(n)  Transfer, surrender or abandonment by the farmer-beneficiary of his farmholding and its disposition;

(o) Increase of awarded area by the farmer-beneficiary;

(p) Conflict of claims in landed estates and settlements; and

(q) Such other matters not mentioned above but strictly
involving the administrative implementation of RA 6657 and other
agrarian laws, rules and regulations as determined by the Secretary.

SECTION 3.       Cases Not Covered . — These
Rules shall not apply to cases falling within the exclusive original
jurisdiction of the DAR Adjudication Board (DARAB), as provided for
under Section 1, Rule II of the DARAB New Rules of Procedure, which
shall include the following:

(a)    The rights and obligations of persons, whether natural or
juridical, engaged in the management, cultivation and use of all
agricultural lands covered by the CARP and other agrarian laws;

(b)    The valuation of land, and the preliminary determination
and payment of just compensation, fixing and collection of lease
rentals, disturbance compensation, amortization payments, and similar
disputes concerning the functions of the Land Bank of the Philippines
(LBP);

(c)     The annulment or cancellation of lease contracts or
deeds of sale or their amendments involving lands under the
administration and disposition of the DAR or LBP;

(d)    Those cases arising from or connected with membership or
representation in compact farms, farmers’ cooperative and other
registered farmers’ associations or organizations related to lands
covered by the CARP and other agrarian laws;

(e)    Those involving the sale, alienation, mortgage,
foreclosure, pre-emption and redemption of agricultural lands under the
coverage of the CARP or other agrarian laws;

(f)      Those involving the issuance, correction, and
cancellation of Certificates of Land Ownership Award (CLOAs) and
Emancipation Patents (EPs) which are registered with the Land
Registration Authority;

(g)    Those cases previously falling under the original and
exclusive jurisdiction of the defunct Court of Agrarian Relations (CAR)
under Section 12 of P.D. No 946, except Sub-paragraph (q) thereof and
P.D. No. 815. It is understood that said cases, complaints or petitions
were filed with the DARAB after August 29, 1987; and

(h)     Such other agrarian cases, disputes, matters or concerns referred to it by the Secretary.

SECTION 4.       Referral 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. Likewise, if a case
covered by Section 3 herein is filed before any office other than the
DARAB, the concerned DAR official shall refer the case to the DARAB for
resolution within the same period provided herein.

SECTION 5.       Construction . — These Rules
shall be liberally construed to carry out the objectives of agrarian
reform and to promote a just, expeditious and inexpensive determination
of agrarian cases. In accordance with Section 50 of RA 6657, the DAR
shall not be bound by technical rules of procedure and evidence but
shall proceed to hear and decide all cases, disputes or controversies in
a most expeditious manner, employing all reasonable means to ascertain
the facts of every case in accordance with justice and equity and the
merits of the case.

RULE II
Jurisdiction Over ALI Cases

SECTION 6.       Exclusive Original Jurisdiction.
— The Secretary shall have exclusive original jurisdiction over all
cases involving agrarian law implementation as enumerated in Section 2
herein. This jurisdiction may, however; be delegated to certain
officials of DAR in accordance with existing rules and regulations
and/or as provided for in this Order.

SECTION 7.       Jurisdiction Over Protests or petitions for Lifting of Coverage
. — The Regional Director shall exercise primary jurisdiction over
protests against CARP coverage or petitions for lifting of notice of
coverage.

SECTION 8.       Jurisdiction Over Exemptions or Exclusions
. — (a) The Secretary shall exercise jurisdiction over applications for
the issuance of exemption clearance under DAR Administrative Order No.
6, Series of 1994, for lands which have been reclassified to
non-agricultural use before the effectivity of RA 6657 on June 15, 1988,
with an area of more than five (5) hectares. For lands with an area of
five (5) hectares and below, the issuance of such exemption clearance is
hereby delegated to the Regional Directors.

(b)       Applications for exemption or exclusion under DAR
Administrative Order No. 13, Series of 1990, DAR Administrative Order
No. 9, Series of 1993, DAR Administrative Order No. 3, Series of 1995
and DAR Memorandum Circular No. 34, Series of 1997 and other pertinent
rules and regulations, shall continue to be under the jurisdiction of
the concerned DAR officials identified therein, except those involving
lands five (5) hectares and below situated within the provinces of
Cavite, Laguna, Batangas, Rizal and Quezon (CALABARZON) which are hereby
delegated to the concerned Regional Director.

SECTION 9.       Jurisdiction Over Conversions . —
The DAR officials authorized to approve or disapprove applications for
conversion of agricultural lands to non-agricultural uses pursuant to
Section 22 of DAR Administrative Order No. 1, Series of 1993, “Revised
Rules and Regulations on the Conversion of Agricultural Lands to
Non-Agricultural Uses,” shall exercise jurisdiction over applications
for conversion within the scope of their authority granted therein.

SECTION 10.    Jurisdiction Over Other ALI Cases .
— The jurisdiction over ALI cases, other than those identified in
Sections 7 to 9 herein, shall generally pertain to the Regional
Directors, except those cases specifically delegated to other DAR
officials under existing rules and regulations, or those that may
subsequently be promulgated by the Secretary.

SECTION 11.    Jurisdiction Over Flashpoint Cases
. — Flashpoint cases involving agrarian law implementation, duly
certified as such in accordance with the criteria and procedures
provided in DAR Memorandum Circular No. 13, Series of 1997, shall be
under the jurisdiction of the DAR official duly designated to decide on
such cases in accordance with the particular rules land regulations
governing the same. The certification that a case is considered
flashpoint shall merely serve to accord utmost priority to the
resolution thereof but shall not divest the concerned DAR official of
the authority to resolve such cases, unless otherwise specifically
directed in the national interest, or the Secretary himself has assumed
jurisdiction over the case.

RULE III
Commencement, Investigation And Resolution Of Cases

SECTION 12.    Commencement of Actions . — All
applications, petitions or complaints involving ALI cases shall be in
writing and under oath following the prescribed form, if any, and filed
by the affected party or his duly authorized representative before the
office designated to receive the same in accordance with applicable
rules and regulations. The documentary evidence required or relevant to
the resolution of the action shall be simultaneously filed with the
petition or application.

SECTION 13.    Period to File Actions . —
Petitions for lifting of notice of coverage shall be filed within thirty
(30) days from receipt of the Notice of Coverage by the affected party.
If the affected party cannot be located or refuses to receive the
notice, the same shall be effected through publication in a newspaper of
national circulation. In the latter case, the thirty (30)-day period
shall commence from the date of publication.

Failure by the affected party to file the protest or petition
within the thirty (30)-day period shall be deemed a waiver of his right
thereto.

If the action is filed after the expiration of the thirty (30)-day
period, the protest or petition shall no longer be entertained or shall
be summarily dismissed by the MARO or the PARO, except in the following
instances:

(a)    The protest or petition is based on allegations that the
subject landholding is exempted from CARP coverage pursuant to DOJ
Opinion No. 44 (1990), as implemented by DAR Administrative Order No. 6,
Series of 1994; or

(b)    Upon evaluation of the pertinent documents and based on
the physical conditions obtaining in the property, it is determined by
DAR that the subject landholding is exempted from CARP coverage pursuant
to DAR Administrative Order No. 13 (1990), DAR Administrative Order No.
9 (1993), DAR Administrative Order No. 3 (1995) and DAR Memorandum
Circular No. 34 (1997) notwithstanding the issuance of the Notice of
Coverage.

Protests involving notices of coverage issued prior to the
effectivity of this Order may be filed within thirty (30) days thereof,
otherwise, the same shall be deemed waived.

Petitions or applications involving other ALI cases shall be filed
or commenced within the period prescribed, if any, in their respective
governing rules and regulations.

SECTION 14.    Effect of Filing of Application/Protest/Petition
. — The filing of an application, protest or petition involving ALI
cases such as exemption, exclusion, conversion, retention or protest
against coverage, shall have the following effects in so far as land
acquisition and distribution is concerned:

(a) Application/Petition Filed Before Issuance of Notice of Coverage.
— If the application or petition is filed before the issuance of the
notice of coverage, the notice of coverage shall not be issued until the
application or petition is finally resolved.

(b) Application/Petition Filed Where Claimfolder is Pending with DAR.
— If the application, protest or petition is filed after issuance of
the notice of coverage, the DAR may proceed with the processing of the
claimfolder notwithstanding the pendency of the application, protest or
petition in accordance with the activities outlined under DAR
Administrative Order No. 2 (1996), as amended. The processing of the
claimfolder may be suspended by the PARO if upon proper review and
evaluation of the Field Investigation Report (FIR) submitted by the
MARO, and upon personal verification of the allegations in the
application, protest or petition, it is determined that the subject
landholding is in fact exempted or excluded from CARP coverage.
Otherwise, the PARO may forward the claimfolder to the Land Bank of the
Philippines (LBP) for further processing.

(c)  Application/Petition Filed Where Claimfolder is Pending with LBP.
— In case the application, protest or petition is filed where the
claimfolder is pending with LBP, or where the claimfolder has been
forwarded by the PARO notwithstanding such application, protest or
petition, the LBP shall continue with the processing of the land
compensation claim, except that the Certification of Deposit (COD) shall
not be issued to the PARO until the application, protest or petition is
finally resolved.

SECTION 15.    Mediation/Conciliation . — In
cases where mediation or conciliation is required or deemed necessary,
the MARO or the duly designated mediator or conciliator shall conduct a
mediation/conciliation conference within fifteen (15) days from the
filing of the action with the assistance of the Barangay Agrarian Reform
Committee (BARC). The MARO or mediator/conciliator shall notify the
parties concerned by personal delivery with proof of service or by
registered mail with return card.

Upon successful conclusion of the mediation/conciliation, the
protest or petition shall be deemed finally terminated. The MARO or
mediator/conciliator shall reduce the agreement in writing duly signed
by the parties and attested to by the MARO or mediator conciliator.

SECTION 16.    Investigation Procedure. — As a general rule, the investigation of ALI cases shall follow the following procedures:

(a)    Designation of Investigating Officer. — In
general, the MARO shall conduct the investigation of ALI cases. However,
the RD, PARO or MARO may designate another investigating officer as
circumstances may warrant.

(b)    Issuance of Notice. — The MARO or investigating
officer shall issue a notice of summary investigation to the parties
concerned within ten (10) days from termination of the
mediation/conciliation (if unsuccessful) or from receipt of the
application, protest or petition. The notice shall be sent by personal
delivery with proof of service or by registered mail with return card.

(c)     Ocular Inspection. — An ocular inspection of the
subject landholding shall be conducted, where necessary, for the
judicious determination of the issues and/or respective claims of the
parties. It shall be conducted before, or in the course of, the summary
investigation, as appropriate.

If after due notice, the party refuses to cooperate, the
ocular inspection shall nonetheless be conducted with a representative
from the BARC where the subject property is situated.

After the ocular inspection, the investigating officer shall
prepare an ocular inspection report and affix his signature thereon.
Likewise, the parties concerned or any of their duty authorized
representatives and the representative of the BARC shall affix their
respective signature’s on the report. In case any party or his duly
authorized representative or the BARC representative fails or refuses to
affix his signature on the report, such fact shall be stated therein by
the investigating officer. The ocular inspection report shall form part
of the records of the case.

(d)    Summary Investigation. — Within ten (10) days from
the ocular inspection, if any, the MARO or investigating officer shall
conduct a summary investigation of the case. The investigation may be
conducted at the DAR Municipal Office or at the BARC office where the
subject property is situated, or in any convenient place designated by
the investigating officer, in the presence of all the parties concerned
or their authorized representatives.

Upon request of the party to whom questions are propounded, or
at the instance of the MARO or investigating officer, the other party
may be excluded from the place where the investigation is being
conducted. Afterwards, the party excluded and his witnesses may be
called upon for their turn to testify or present evidence.

The party or person who will testify must first be sworn under
oath before the MARO or the investigating officer, after which, he must
state his name, status and other personal circumstances.

Documentary evidence presented by any party in the course of
the investigation shall be admitted and marked as exhibits in support of
his claim or allegation. Any document already on record necessary to
the resolution of the case shall be made available during the
investigation and must be properly identified and shown by the parties
concerned.

(e)    Power to Summon Witnesses, to Compel Submission of Records, and to Cite for Contempt.
— Pursuant to Section 50 of RA 6657, the MARO or the investigating
officer shall have the power to summon witnesses, require submission of
reports, compel the production of books and documents and answers to
interrogatories, and issue subpoena and subpoena duces tecum. The MARO
or the investigating officer shall likewise have the power to punish
direct and indirect contempts in the same manner and subject to the same
penalties as provided in the Rules of Court.

(f)      Record of Proceedings. — All proceedings shall
be recorded by the. duly appointed stenographer. In the absence of a
stenographer, the MARO or a duly designated recorder shall faithfully
record the proceedings. The transcript of summary investigation shall
contain the date, time, and place of investigation, the name of the
witnesses investigated, and the name of the stenographer or recorder.
Each and every page of the transcript of investigation must be signed by
the witness/party concerned and shall be certified as true and correct
by the stenographer, recorder or the MARO who recorded the proceedings.
The transcript of investigation shall form part of the records of the
case.

The parties may be required to submit their position papers at the instance of the investigating officer.

(g)    Submission of Recommendation. — The MARO or the
investigating officer shall submit his Field Investigation Report (FIR)
to the PARO for review and evaluation within fifteen (15) days from
termination of the summary investigation.

The PARO shall submit to the Regional Director (RD) the case
folder together with his recommendations within ten (10) days from
receipt of the FIR.

SECTION 17.    Issuance of Cease and Desist Order
. — In cases where grave or irreparable damage will result to the
parties, or where the doing or continuance of certain acts will render
the case moot and academic, or where there is a need to maintain peace
and order and prevent injury or loss of life or property, the Regional
Director or DAR official with jurisdiction over the case, shall, motu
propio or at the instance of a party, have the authority to issue a
Cease and Desist or Status Quo Order pending the resolution of the case.
In this regard, the issuing authority may request the assistance of law
enforcement agencies to implement the order.

SECTION 18.    Prohibition Against Restraining Order or Preliminary Injunction
. — Pursuant to Section 55 of RA 6657, no court shall have jurisdiction
to issue any restraining order or writ of preliminary injunction
against the DAR and other concerned officials, in any case, dispute or
controversy arising from, necessary to, or in connection with, the
application, implementation, enforcement or interpretation of RA 6657
and other pertinent agrarian, reform laws, rules and regulations.

Unless duly-referred by the DAR Secretary, the DARAB or its
adjudicators shall have no authority to issue any restraining order or
preliminary injunction against the Regional Director of any concerned
officials and personnel in any case, dispute, or controversy arising
from the implementation of agrarian laws, rules and regulations as
provided herein.

SECTION 19.    Resolution of Cases . — The RD or
approving authority shall rule on the issues raised in the application,
protest or petition taking into account the records of the case and the
recommendations of the PARO within fifteen (15) days from receipt of the
case folder. The RD shall furnish a copy of the decision to the BARC,
MARO, PARO and the parties concerned or their duly authorized
representatives. The RD may conduct his own summary investigation and/or
ocular inspection in accordance with the procedure provided herein if
deemed necessary for the expeditious and just resolution of the case.

SECTION 20.    Investigation and Resolution of Certain ALI Cases
. — Unless otherwise directed by the Secretary, the investigation and
resolution of certain ALI cases such as applications for conversion,
exemptions or exclusions, retention, identification of beneficiaries of
commercial farms, disputes involving joint economic enterprises, and
such other ALI cases as the Secretary may identify; shall be undertaken
in accordance with their respective governing rules and regulations.

SECTION 21.    Motion for Reconsideration. — In
case any of the parties disagrees with the decision or resolution, the
affected party may file a written motion for reconsideration within
fifteen (15) days from receipt of the order, furnishing a copy thereof
to the adverse party. The filing of the motion for reconsideration shall
suspend the running of the period to appeal.

Any party shall be allowed only one (1) motion for
reconsideration. Thereafter, the RD or approving authority shall rule on
the said motion within fifteen (15) days from receipt thereof. In the
event that the motion is denied, the adverse party has the right to
perfect his appeal within the remainder of the period to 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.

SECTION 22.    Finality . — Unless an appeal is
perfected, the decision or order of the RD or approving authority shall
become final and executory after the lapse of fifteen (15) days from
receipt of a copy thereof by the parties or their counsels or duly
authorized representatives. In all cases, the parties and their counsels
shall be furnished with a copy of the decision or order.

RULE IV
Appeals

SECTION 23.    Grounds for Appeal. — Any person
who is aggrieved by the decision of the RD or approving authority may
file a written appeal on any of the following grounds:

(a)    There is a grave abuse of discretion on the part of the RD or approving authority;

(b)    The order or decision is obtained through fraud, coercion or graft and corruption; or

(c)     Errors in the findings of facts or conclusions of law
were committed which, if not corrected, would cause grave and
irreparable damage or injury to the appellant.

SECTION 24.    Caption . — In all cases appealed
to the Secretary, the party appealing shall be called the “Appellant”
and the adverse party the “Appellee” and the case shall be assigned a
docket number by the Bureau of Agrarian Legal Assistance (BALA) of the
DAR Central Office.

SECTION 25.    When to Appeal . — Appeals may be
taken within fifteen (15) days from receipt of the decision or order.
This shall apply to appeals to the Office of the President in view of
Section 51 of RA 6657 which provides that “(a)ny order, ruling or
decision shall be final after the lapse of fifteen (15) days from
receipt of a copy thereof”.

SECTION 26.    Perfection and Manner of Appeal . —
(a) Appeal from the decision of the Regional Director to the Secretary
shall be made by filing a notice of appeal with the Regional Office
concerned together with payment of P500.00 appeal fee to the cashier of
said Regional Office.

(b)     Appeal from the decision of the Undersecretary shall be
made by filing a notice of appeal with the said office and payment of
P500.00 appeal fee to the cashier of the DAR Central Office.

(c)     Appeal from the decision of the Secretary may be taken
to the Office of the President pursuant to OP Administrative Order No.
18, series of 1987, except as to the period therein provided, or to the
Court of Appeals (CA) by certiorari pursuant to Sec. 54 of RA 6657.

SECTION 27.    Appeal by Pauper Litigant. — An
appellant who is an agricultural lessee, share tenant, actual tiller,
farmworker, member of farmers’ organization, association or cooperative,
shall be entitled to the rights and privileges of a pauper litigant
such as exemption from payment of appeal fee, without need of further
proof thereof.”

SECTION 28.    Appeal Memorandum . — An
appeal-memorandum shall be submitted by the appellant within fifteen
(15) days from perfection of the appeal, furnishing a copy thereof to
the adverse party and the DAR official who rendered the decision or
order.

SECTION 29.    Effect of Appeal . — Appeal to the Secretary, the Office of the President, or the Court of Appeals shall have the following effects:

(a)    Appeal from the Regional Director or Undersecretary to the Secretary. —
The appeal shall stay the order appealed from unless the Secretary
directs execution pending appeal, as he may deem just, considering the
nature and circumstances of the case (Executive Order No. 292 [1987],
Book VII, Chapter 4, Sec. 21).

(b)    Appeal to the Office of the President. — Except as
otherwise provided by special laws, the execution of the
decision/resolution/order appealed from is, stayed upon the filing of
the appeal within the period prescribed. However, in all cases, at any
time during the pendency of the appeal, the Office of the President may
direct or stay the execution of the decision/resolution/order appealed
from upon such terms and conditions as it may deem just and reasonable
(OP Admin. Order No. 18, Series of 1987, Sec. 4).

(c)     Appeal to the Court of Appeals. — Pursuant to
Section 50 of RA 6657, the decision of the DAR shall be immediately
executory notwithstanding an appeal to the Court of Appeals.

SECTION 30.    Transmittal of Records — Upon
receipt of the appeal memorandum, the Director of BALA shall direct the
RD or the concerned office to immediately transmit the records of the
case to the BALA.

The records of the case shall contain, among others, a table of
contents, the minutes of the hearings conducted, all original pleadings
filed, documentary exhibits, transcripts or written summary of the
hearings filed, investigation reports, notices, orders or decisions of
the RD or approving authority and proof of service thereof. It shall be
numbered and initialed by the Records Officer of the Region or office
concerned on every page thereof. A photocopy of the receipt of the
appeal fee, duly certified by the cashier, shall also be attached to the
records of the case.

SECTION 31.    Withdrawal of Appeal . — Except
when it is prejudicial to public interest, an appeal may be withdrawn
upon filing with the BALA a motion to withdraw at any time prior to the
promulgation of the order or decision. The DAR Secretary shall issue an
order approving the motion to withdraw.

SECTION 32.    Motion for Reconsideration . —
Only one (1) motion for reconsideration of the order or decision of the
Secretary shall be allowed. If a motion for reconsideration is denied,
the movant shall have the right to perfect his appeal with the Office of
the President (OP) pursuant to OP Administrative Order No. 18 dated
February 12, 1987.

SECTION 33.    Intervention. — The filing of a
motion for intervention shall be discouraged. Such motion shall be
entertained only upon a clear showing by the movant that he has a
substantial right or interest in the case that cannot be adequately
pursued and protected in another proceeding. Should a motion for
intervention be deemed in order, the same may be filed not later than
the expiration of the period allowed for the filing of a motion for
reconsideration.

RULE V
Execution Of Orders Or Decisions

SECTION 34.    Execution upon Final Order or Decision
. — Execution shall issue upon an order or decision that has become
final and executory. Such execution shall issue as a matter of course
and upon expiration of the period to appeal therefrom if no appeal has
been duly perfected. The Director of BALA shall issue the certificate of
finality involving ALI cases upon request of the interested party.

SECTION 35.    How to Execute Orders or Decisions.
— Upon certification by the proper officer that an order or decision
has been served to the party, his counsel or authorized representative
on record, and such order or decision; has become final and executory,
the RD or approving authority may, upon motion or motu propio, issue a
Writ of Execution ordering the MARO or any other concerned official to
enforce the same. For this purpose, the MARO or the concerned official
may do such acts and things as may be necessary, and seek the assistance
of law enforcement agencies, as appropriate, to implement the order or
decision.

RULE VI
Final Provisions

SECTION 36.    Transitory Provision. — The
investigation and resolution of ALI cases involving lands situated
within CALABARZON shall be transferred to the jurisdiction of the DAR
Regional Director for Region 4 effective upon implementation of the DAR
reorganization, or as directed by the Secretary. In the meantime or
pending the reorganization, such cases shall remain with the Center for
Land Use, Policy, Planning and Implementation (CLUPPI)-2 for appropriate
action.

SECTION 37.    Repealing Clause . — This Order
modifies or repeals DAR Administrative Order No. 9, Series of 1994 and
other issuances or portions thereof which are inconsistent herewith.

SECTION 38.    Separability Clause . — In the
event any of the provisions of this Order is declared unconstitutional,
the validity of the other provisions shall not be affected by said
declaration.

SECTION 39.    Effectivity Clause . — This Order shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation.

Adopted: 30 Aug. 2000

(SGD.) HORACIO R. MORALES JR.
Secretary