Republic of the Philippines

DEPARTMENT of AGRARIAN REFORM

ElllPTICAL ROAD, DIUMAN, QUEZON CITY TELS. 928-7031 TO 39

LEGAL AFFAIRS OFFICE

MEMORANDUM

FOR: ALL REGIONAL DIRECTORS

ALL REGIONAL AGRARIAN REFORM ADJUDICATORS
ALL PROVINCIAL AGRARIAN REFORM PROGRAM
OFFICERS
ALL PROVINCIAL AGRARIAN REFORM ADJUDICATORS
ALL REGIONAL AND PROVINCIAL LEGAL DIVISION
CHIEFS
ALL CONCERNED

FROM: THE UNDERSECRETAY

Legal Affairs Office

SUBJECT: PRACTICE OF FOLLOWING UP DOCUMENTS FROM OTHER

AGENCIES AND OF NOTARIZING TRANSFER CLEARANCES

DATE: 16 JANUARY 2014

The attention of the undersigned has also recently been called to the practice of some DAR
lawyers, legal officers (LOS)I, and their staff of following up documents, e.g., certifications,
clearances, and the like, from other CARP Implementing Agencies (CIAs), in behalf of the
party concerned, in connection with pending cases or applications for conversion or
exemption/exclusion, or land transfer clearances, as well as of the practice of notarizing land
transfer clearances and other agrarian reform related documents/papers.

Although the deciding authority, through DAR lawyers, LOs, and their staff, are allowed to
make follow ups, or request for, verify, or validate documents or information with the ClAs
concerned, the same should be done only in the course of implementing the agrarian reform
program or if they are necessary for and relevant to the speedy disposition or resolution of
pending cases. Any such requests or follow ups with the CIAs for personal gain or interest,
solely in behalf of the party concerned, and not in the course of implementing the program or
in resolving cases, are therefore not allowed.

Accordingly, all DAR lawyers, legal officers, and their staff are hereby prohibited from
requesting certifications and/or clearances, which are deemed unauthorized as discussed

1 Including Senior Agrarian Refonn Program Officers (SARPOs) and Agrarian Reform Officers (ARPOs).
above, from ClAs, such as the: i) National Irrigation Administration (NIA), ii) Housing and
Land Use Regulatory Board (HLURB), iii) Department of Agriculture (OA), iv) Department
of Environment and Natural Resources (DENR), or v) Register of Deeds (ROs), etc.,
concerning Agrarian Legal Implementation (ALI), conversion, exclusion/exemption, and
other agrarian reform cases or matters. In this regard, it should be noted that the burden of
procuring or requesting such certifications or clearances must be on the applicants
themselves, who are not farmer beneficiaries (FBs). Necessarily, DAR lawyers, legal officers,
and their staff are likewise prohibited from making follow ups to facilitate the approval or
issuance of, or action on, said certifications, clearances, or, for that matter, any pending
petition for conversion or exemption or other agrarian case.

It must be stressed that "a public office is a public trust. As public officials and employees,
DAR lawyers are expected to exhibit a high degree of commitment to public interest.
professionalism, and justness and sincerity. They shall endeavor to discourage wrong
perceptions of their roles as influence peddlers. Moreover. they must avoid any impropriety,
or the appearance thereof, which may occur in any transaction between themselves and a
private party who may have any business with his office,,2.

Likewise, all OAR lawyers are hereby prohibited from engaging in the practice of notarizing
clearances and other agrarian related papers to avoid the appearance of impropriety or a
situation where conflict of interest may arise, and prevent them from taking advantage of
their position or office for personal gain.

Further, it is clear that the act of notarization is embraced in the definition of the practice of
law. DAR Memorandum 282 (DAR LAWYERS APPEARING BEFORE THE COURTS
AND THE DARAB REPRESENTING CLIENTS OTHER THAN ARBs) had already
specifically declared that engaging in the private practice of law by public officials and
employees during their incumbency, unless authorized by the constitution or law, or on
limited authority given to an employee, is a prohibited act (Section 7 ofR.A. No. 6713).

Any and all acts in violation of the foregoing directives shall merit the imposition of
administrative sanctions.

For your stric

N.PARuNGAO

2 DAR Memorandum 282 dated 26 July 2012.