DAR Rules on EP/CLOA

Cancellation and Related

Issuances

Atty. JIM G. COLETO

Board Member III, DARAB
30 March 2016
CANCELLATION
OF EPs, CLOAs,
and other titles
issued under the
CARP
Legal Basis
“All cases involving the cancellation of
registered emancipation patents, certificates
of land ownership award, and other titles
issued under any agrarian reform program
are within the exclusive and original
jurisdiction of the Secretary of the DAR.”
(Sec. 24, RA 6657, as amended)
 Underlying Principles/Policies

INDEFEASIBILITY OF CLOAs,
EPs and other titles issued under any
agrarian reform

CANCELLATION shall be
regulated and may be allowed only in
the manner and condition prescribed
in the rules
• DAR ISSUANCES ON
CANCELLATION
AO 2, s. 1994 - Rules and regulations governing the correction
and cancellation of registered and unregistered EPs/CLOAs due to the
unlawful acts and omissions or breach of obligations of ARBs and for
other causes

AO 8, s. 1995 - Rules and regulations governing the

transferability of lands awarded to ARBs pursuant to PD 27 as amended
by EO 228 and RA 6657

AO 3, s. 2009 - Rules and regulations governing the

cancellation of registered CLOAs and EPs issued under any agrarian
reform program
• DAR ISSUANCES ON
CANCELLATION
 AO 6, s. 2011 - The 2011 revised rules and procedures
governing the cancellation of registered EPs, CLOAs, and other
titles issued under any agrarian reform program

AO 6, s. 2014 - Rules and procedures for cancellation

of EPs and CLOAs for purposes of correcting erroneous technical
descriptions

AO 7, s. 2014 - 2014 Rules and procedures governing

the cancellation of registered EPs, CLOAs , and other titles issued
under the agrarian reform program

AO 4, s. 2015 – Amendment to AO 7, Series of 2014

 Cancellation, Defined

 the process of cancelling the CLOA, EP or other titles. It does not

include correction of entries in the CLOA, EP or other titles issued
under any agrarian reform program (AO 3, s. 2009)

 the process of annulling, invalidating, and revoking the EPs,

CLOAs, or other titles issued under any agrarian reform program. It
does not include the correction of entries in the said EPs, CLOAs,
or other titles as the same falls under the jurisdiction of the
DARAB, wherein correction therein is defined as the process of
correcting or changing clerical or typographical errors (i.e., wrong
spelling, age, etc.) in the EPs, CLOAs, or titles issued under any
agrarian reform program without affecting substantial rights of
other interested persons. (AO 6, s. 2011)
Cancellation, Defined
the process of annulling, invalidating,
and revoking the EPs, CLOAs, or other
titles issued under the agrarian reform
program, including the correction of
technical descriptions where vested rights
will be affected, as well as the addition or
removal of any beneficiary. (AO 7, s.
2014)
COVERAGE/SCOPE
 Annulment, invalidation, or
revocation of registered EPs, CLOAs,
or other titles issued under any
agrarian reform program (including
collective CLOAs)
 Correction of technical descriptions
where vested rights may be affected
 Inclusion/exclusion of ARBs
 Transfer action
 Jurisdiction
 Secretary – exclusive and original (Sec.
24, RA 6657, as amended)

 PARAD – delegated; for case build-up

(AO 7, s. 2014, as amended by AO4, s.
2015)
 PARO/Regional Director – delegated
(AO 6, s. 2014)
 Jurisdictional Requirements

 Verification
 Disclosure Statement
 Proof of payment of filing fee
 Other documents as may be applicable
(e.g. LBP Certification that the LO has yet to
withdraw any of the deposited just compensation, in
cases where ground for cancellation is retention,
exclusion or exemption)
Nature of Action
 Quasi-Judicial (Sec. 50 RA6657, as
amended; (administrative Process)

Venue
 OFFICE OF THE PARAD which has
jurisdiction over the place where the
landholding is located
 Modes of Cancellation

 Voluntary (AO 8, s. 1995)

 Involuntary (AO 7, s. 2014 as
amended by AO 4, s. 2015)
 Cancellation by Operation (AO 6, s.
2014)
Who may apply for cancellation

I. Under AO 7, s. 2014, as amended by

AO 4, s. 2015
a. Applicant or grantee/awardee of retention
b. LO applying for exemption or exclusion
or who has been granted the same
c. LO affected by erroneous coverage
d. ARBs granted inclusion
e. Reallocatees or applicants for reallocation
Who may apply for cancellation
I. Under AO 7, s. 2014 (Cont’d)
f. Actual tillers or applicants of CARP
covered lands
g. Concerned PARPOs or RDs, as may be
applicable

II. Under AO 6, s. 2014

 PARPO concerned
III. Under AO 8, s. 1995)
 Awardee/transferor
 GROUNDS FOR
CANCELLATION
Under AO 7, s. 2014, as amended by AO 4, s.
2015
 With respect to the nature of the land
or the manner of its coverage:
1. Retained area
2. Excluded or exempted from CARP coverage
3. Defective or irregular NOCs, or erroneous
identification of LO
4. Landholding falls under exclusive authority of the
DENR or NCIP;
5. Nullity of DAR Clearance
 GROUNDS FOR
CANCELLATION
Under AO 7, s. 2014, as amended by AO 4, s.
2015
 With respect to the title or the
manner of its issuance:

6. Erroneously issued titles as a result of erroneous

identification:
a.) 1. lack of consent or one or more affected ARBs (per
Sec. 3 of A.O. 6, s. 2014);
2. Cancellation will result in the decrease or increase in
the number, or change of ARBs
b.) Cancellation of LOs title prior to the issuance of the
COD
 GROUNDS FOR
CANCELLATION
Under AO 7, s. 2014, as amended
 With respect to the acts or omissions
of the ARBs:
7. Misuse or diversion of financial and support
services
8. Misuse of the land
9. Material misrepresentation of the ARBs basic
qualifications
10. Premature conversion
11. Sale, transfer, or any other form of conveyance by
the ARB in violation or circumvention of AR laws
 GROUNDS FOR
CANCELLATION
Under AO 7, s. 2014, as amended
 With respect to the acts or omissions
of the ARBs: (Cont’d)
12. Deliberate and absolute non-payment of three (3)
consecutive amortizations
13. Deliberate and absolute failure of the ARB to pay
at least three (3) annual amortizations to the LBP.
14. Wilful and deliberate neglect or abandonment of
the awarded land
15. Analogous acts and circumstances
 GROUNDS FOR
CANCELLATION
Under AO 7, s. 2014, as amended by AO 4, s.
2015
 Note:

Grounds (1) and (2) may only be availed of

within one (1) year from the date of issuance
of the title, otherwise, imprescribility thereof
will set in. EXCEPT, when the period is
deemed interrupted by the filing/pendency
of a case or proceeding in any court, office
or tribunal.
GROUNDS FOR
CANCELLATION
Under AO 6, s. 2014
 Erroneous technical descriptions
 Erroneous survey returns
 Title requires survey adjustments

GROUNDS FOR
CANCELLATION
Under AO 8, s. 1995
 Transfer action
PROCEDURE (Involuntary)
PROCEDURE
(Involuntary - Cont’d)
PROCEDURE
(Voluntary)
PROCEDURE
(Cancellation by Operation)
Contents of a Completed Case Folder
(Case Folder Build-Up)

a) Official receipt as proof of payment

except those exempted
b) Verified Petition with Disclosure
Statement
c) Verified Comment
d) Valid authorization, if applicable
e) Notices and proof of service and
receipt of notices
Contents of a Completed Case Folder
(Case Folder Build-Up)

f) Owner’s duplicate copy or certified

photocopy of titles
g) Memorandum
h) Marked documentary exhibits
i) Applicable documents requirements
j) Other pertinent documents
 Prohibited Motions
Motion to declare respondent in
default or for default judgment
All motions filed before the
Comment
Motion for extension of time to file
an appeal, MR, or a memorandum
Second motion for reconsideration
Grounds for Dismissal
a. Failure to:
osubmit required documents if action is based on final
judgement in ALI case
opay filing fee
ocomply with disclosure requirement
ocomply with documentary requirements based on other
applicable AOs
oimplead PARO, ROD and/or other indispensable parties

b. When action is filed beyond the one-year prescriptive

period in instances covered by Sec. 4.1 and 4.2 of AO
7, s. 2014

c. Failure to prove a cause of action or for lack of merit

Direct Order of Cancellation

Even without a petition for cancellation

having been filed, the Secretary may in
the exercise of his original or appellate
jurisdiction, order the cancellation of an
EP, CLOA, or any other title issued
under any agrarian reform program.
Direct Order of Cancellation

Conditions precedent:
1.The decision of the Secretary in the
exercise of his original or appellate
jurisdiction will result in the
cancellation; and
2.The holder of the EP, CLOA or other
title is accorded due process