Cancellation of CLOA
Cancellation of CLOA
Cancellation of CLOA
PREFATORY STATEMENT
Republic Act (RA) No. 6657, as amended by RA No. 9700, Executive
Order (EO) No. 229, Presidential Decree (PO) No. 27, EO No. 228 and RA No.
3844, as amended by RA No. 6389 prescribes the manner of acquisition, re-
distribution and award of agricultural lands to qualified farmer-beneficiaries. The
awards of land to qualified beneficiaries are evidenced by titles, such as
Emancipation Patents (EPs), Certificates of Land Ownership Award (CLOAs) and
other titles.
ARTICLE I
GENERAL PROVISIONS
(a) The State recognizes the indefeasibility of CLOAs, EPs and other
titles issued under any agrarian reform program.
(b) The State recognizes that CLOAs, EPs and other titles erroneously
issued do not attain indefeasibility.
(c) Cancellation of registered CLOAs, EPs and other titles issued under
any agrarian reform program shall be strictly regUlated and may be
allowed only in the manner and conditions prescribed hereunder.
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(h) Indispensable Party - is a party in interest without whom no final
determination can be had of an action and who shall be joined
either as petitioner or defendant The absence of an indispensable
party renders all subsequent actions of the court, quasi judicial
body or tribunal null and void for want of authority to act, not only as
the absent parties but also to those present.
ARTICLE II
CAUSE OF ACTION
(a) The land subject matter of the CLOA, EP or other title under agrarian
reform program is found to be:
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5. Consist in the erroneous issuance of the said title resulting from the
defect or lacking in documentation (DNYP or DNYD generated titles
but not yet distributed).
ARTICLE III
PROCEDURES
SECTION 5. Who may file the Petition for Cancellation. - The verified
petition for cancellation shall be filed by any of the following persons:
(b) Owners of private agricultural lands whose lands had been declared
as exempted or excluded from the coverage of RA No. 6657, as
amended, and PD No. 27;
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(e) Provincial Agrarian Reform Officer (PARO) in his official capacity for
the purpose of correcting erroneously issued CLOAs or EPs which are
registered but not yet distributed.
(a) Certified true copy of the final and executory Order and Resolution;
(e) Any other legal documents that may support the petition for
cancellation.
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SECTION 12. Comment Required. - The respondentls must file a
sworn Comment to the petition.
(f) Memorandum;
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(h) Investigation Report;
U) Others
SECTION 20. Referral of Case to Usec LAO. - After the case folder
has been docketed, the Office of the Secretary shall, as much as possible within
five (5) days from docketing, refer the case folder to the Undersecretary (Usee)
for Legal Affairs Office (LAO).
SECTION 25. Decision. - The Secretary, after having been satisfied that
both parties have fully substantiated their respective causes of action and
defenses, shall render a decision by issuing an Order.
ARTICLE IV
GROUNDS FOR DISMISSAL
ARTICLE V
MOTION FOR RECONSIDERATION
. SECTION 29. Motion for Reconsideration. - A party may file one (1)
motion for reconsideration of the final Order and may do so within a period of
fifteen (15) calendar days from receipt of the of the challenged final order. The
pendency of the motion for reconsideration shall stay the execution of the
challenged order.
ARTICLE VI
APPEAL
SECTION 33. Who May Appeal. - Only the aggrieved party or his
successor-in-interest may appeal the final Order or Resolution within fifteen (15)
calendar days from receipt of notice of the challenged Order or Resolution.
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SECTION 37. Judicial Appeal. - In case where the appellant opts to
elevate his appeal directly to a judicial forum, the governing procedure shall be
the pertinent provisions of the Rules of Court.
ARTICLE VII
POWERS OF THE SECRETARY
SECTION 38. Powers of the Secretary. - The Secretary shall have the
power to summon witnesses, administer oaths, take testimony, require
submission of reports, compel the production of books and documents and
answers to interrogatories and issue subpoena, and subpoena duces tecum and
to enforce its writs through sheriffs or other duly deputized officers. The
Secretary shall likewise have the power to punish direct and indirect contempts in
accordance with Section 50 of RA No. 6657, as amended.
ARTICLE VIII
FINALITY AND EXECUTION
SECTION 40. Order of Finality. -As much as possible within fifteen (15)
days from the date of finality of the Order or Resolution, the Office of the
Secretary shall issue a Certificate of Finality.
ARTICLE IX
FINAL PROVISIONS
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SECTION 43. Confidentiality of Information. - Subject to the provisions
of DAR Memorandum Circular No. 10, Series of 2007. confidential information
shall not be disclosed.
Except those deemed submitted for resolution, all cases involving the
cancellation of registered CLOAs, EPs and other titles issued under any agrarian
reform program which are pending with the DARAB Board or Adjudicator on June
30, 2009 shall be referred to the Office of the Secretary as much as possible
within thirty (30) days upon effectivity of this Administrative Order.
rrP-
NASSER C. PANGANDAMAN
Secretary
Published in two (2) National Newapaper.B _
of general Circula tiona: D I n\ 01 Agrarian Reform
1. Manila Bulletin epar moe
2. Manila Time 5 Ollice ollheSecretary
Date of Publication - October 21, 2009 11111111111111II1111111111~11111II11111111
AO - 09 - 01546 \:r
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Republic of the Philippines
DEPARTMENT of AGRARIAN REFORM
CERTIFICATION
Issued this 2 Ist day ofOctober 2009 for whatever purpose it may serve.
au . ~NIII
ic Affairs StaffDirector