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Republicofthe Philippines

DEPARTMENT of AGRARIAN REFORM


EWPTICAL ROAD. D1UMAN. QUEZON Cm' TELS. 928-7031 TO 39
Departmentof AgrarianRefonn
ADMINISTRA'TIVEORDERNo.
Seriesof2011
SUBJECT: REVISED RULES AND PROCEDURES GOVERNING THE
ACQUISITION AND DISTRIBUTION OF PRIVATE
AGRICULTURALLANDSUNDERREPUBUCACT(R.A.)NO.
6657,ASAMENDED
PREFATORYSTATEMENT
Administrative Order (A.O.) No. 2, Series of2009, otherwise known as The Rules and
Procedures Governing the Acquisition and Distribution ofAgriculturnl Lands under
Republic Act (RA.) No.6657,asamendedbyRA.No.9700, is revisedtostreamlinethe
LandAcquisitionandDistribution(LAD) Process oftheDepartmentofAgrarianRefonn
(DAR), strengthen the due process requirement fur Comprehensive Agrarian Refunn
Program(CARP) coverage,andensurethecompletion oflandacquisitionanddistribution
withintheprescribedperiodprovidedin RA.No.6657,as amended.
CHAPTER1.APPUCABIUTY
SECTION1.Applicability.- Theserules and procedures shall govern theacqWsition
anddistributionof:
1. All privateagricultural lands covered underSection 4 ofRA. No.6657,
as amended, but which have not been issued Notices of Coverage
(NOCs);and
2. Private agricu1turallands issuedwithNOCsbutwherethelistofpotential
beneficiaries has not been finalized by the Municipal Agrarian Refonn
Officer(MARO) concernedas of1July 2009.
CHAPTER2.DEFINITIONOFTERMS
SECTION 2. Definition ofTenns.- Forpurposes ofthese Rules, the following
tenusaredefinedas follows:
A. Advance Survey Plan (AdSP) refers to the segregation/subdivision
survey plan preparedbyalicensed geodetic engineerwho conductedthe
surveywhichis submittedbylheDARtolheLandManagementService
(LMS) of lhe Department of Environment and Natural Resources
(DENR) for verification and approval to be used as reference in the
conduct of the joint field investigation of lhe subject lot and in the
valuationoflandowner'scompensation.
B. Approved Survey Plan (ASP) refers to the survey plan verified and
approvedbylheLM5-DENRorlheLandRegistrationAulhority(LRA).
C. Agrarian Dispute refers to any controversy relating to tenurial
arrangements, whether leasehold, tenancy, stewardship, or olherwise,
over lands devoted to agriculture, including disputes concerning
farmworkers' associations, orrepresentation ofpersons in negotiating,
fixing, maintaining, changing, orseekingtoarrangetermsandconditions
ofsuchtenurialarrangements.
It includes any controversy relating to the compensation of lands
acquiredunderR.A. No.6657andothertermsandconditionsoftransfer
ofownershipfromlandowners(LOs) tofarmworkers, tenants,andother
Agrarian Reform Beneficiaries (ARBs), whether the disputants stand in
proximate relation offarm operatorand beneficiary, LO and tenant, or
lessorandlessee.
D. Agricu1tura1lesseerefers toapersonwho, byhimselfandwith the aid
available from wilhin his immediate farm household, cultivates the land,
belonging to orlawfully possessed byanother,with the latter's consent,
forpurposesofagriculturalproduction,forapriceoertaininmoneyorin
produce or both. The term is distinguished from a civil lessee as
understoodintheCivilCodeofthePhilippines.
E. Civil SocietyOrganizations (CSOs) refers to voluntary organizations
orassociationsbondedbyacommoninterestwhich aredistinctfromthe
government or lhe market organizations. For purposes ofthis A.O.,
CSOs include fanner organizations, non-governmental organizations,
faith-basedorganizations,farmercooperatives,irrigators'association,etc.
F. Cooperatives refer to organizations composed primarily of small
agricultural producers, farmers, farmworkers, or olher ARBs who
voluntarilyorganize themselves forthe purposeofpoolingland, human,
technological, financial, orothereconomic resources, andoperateonlhe
principleofonemember,onevote. A juridicalpersonmay beamember
of acooperative,wilhlhesamerightsanddutiesas anaturalperson.
G. DirectManagement, insofuas preferred beneficiaries are concerned,
refers to lhe cultivation oflhe land lhrough personal supervision under
lhesystemoflaboradministration. Itshall beinterpretedalonglhelines
offarm managementas anactual majoractivity beingperformedbylhe
LO'schild fromwhichhe/shederives his/herprimarysourceofincome.
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H. Fannworkerrefers to a natural person employed byan W toperfonn
in the subject landholding the cultivation ofthe soil, planting ofcrops,
growingoffruit trees, harvestingoffarmproducts,orothersimilarfarm
activitiesandpractices.
I. Installation refers to a series ofactivities spearheaded by the DARto
achieve the effective possession and peaceful control by ARBs ofthe
awardedland.
J. LandlessBeneficiaryis anyfanner/tillerwho owns less than three (3)
hectaresofagriculturalland.
K. Newspaper of General Circulation refers to a newspaper or
publicationofnationalcirculation.
1.. Other Farmworkers refer to fannworkers who are not regular or
seasonalfannworkers.
M. PerimeterLandUseMap(PLUM)referstothefindings ofthesurvey
work in which a CARP-covered lot is divided into sub-lots based on
existingcrop/sand/orlandusetoproducePerimeterLandUse Map.
N. Regular Farmworker refers to a fannworker who is employed on a
permanentbasis byanW todofunctions thatareactuallynecessaryand
desirablein thefannoperations.
O. Seasonal Farmworker refers to a farmworker who is employed On a
recurrent, periodic, orintennittentbasis byan agricultural enterprise or
fann, whether as a permanent or a non-permanent laborer, such as
((sacada", and the like.
P. Segregation Survey refers to survey work conducted by a licensed
geodetic engineerwhereina CARP-eoveredlotis dividedinto two (2) or
more sub-lots for coverable and non-coverable areas to produce
segregationplanwhichshallbeusedas referenceforawardtoco-owners,
cooperativeorfarmerassociation.
Q. ShareTenantrefers toa personwhohimselfandwith the aid available
fromwithinhis immediate fann household,cultivates thelandbelonging
to or lawfully possessed by another, with the latter's consent, for
purposes of agricultural production, sharing the produce with the
landholder under the share tenancy system, orpaying the landholder a
price certain orascertainable in produce orin moneyorbothunderthe
leasehold tenancysystem. This arrangementhas been abolished byR.A.
No. 3844, as amended,which automatically converted the same into an
agriculturalleasearrangement.
R. Subdivisionsurveyrefers tosurveyworkinwhicha CARP-coveredlot
is dividedintotwo (2) ormoresub-lotsfor coverable andnon-coverable
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areas,withthe fonnerfurthersubdivided into smallersub-lots foraward
toindividualARBs.
S. Untenantedlandrefers toany agriculturallandholdingwhich is notthe
subjectofanytenancyagreement.
T. Usufructrefers toareal right conferredonthebeneficiary/usufructuary
to enjoy the fruits ofthe property ofanother with the obligation of
preservingits form, substance,andproductivity.
CHAPTER3.COVERAGE:SCHEDULE,EXCLUSIONS,
ANDSPECIALRULES
SECTION3. LAD CARP Extensionwith Refonn(CARPER) BalanceDatabase
and list of Lands with NOCs. Upon the effectivity of these Rules, the DAR
Provincial Office (DARPO) shall providetheDARMunicipal Office (DARMO) with a
copy ofthe relevant portion ofthe LAD CARP Extension with Refonn (CARPER)
balance database, which lists down the LAD balances under the DARMO's area of
jurisdiction,andthescheduleofcovernge ofeach landholdingtherein.Thegeneratedlist
oflandholdings mustbegroupedaccordingtotheprioritized phasingunderSection7of
R.A.No.6657,asamended,andSection5ofthisAO.
Atthesamerime,theDARPOshallprovidetheMAROwith alistofthelands forwhich
NOCshadalready beenissued andserved.TheMARO mustcontinuewith theprocess
of land acquisition and distribution, unless the landholding ills under a different
scheduleas providedinSection5hereof.
Landholdings notlisted in theLADCARPERBalanceDatabasemaybe includedinthe
said database upon issuance of the Provincial Agrarian Refonn Officer's (PAROl
Certification ofCovernge andtheProvincial Agrarian Refonn CoordinatingCommittee
(pARCCOM) Resolution, duly approved by the LAD Balance Technical Review
CommitteepursuanttoMemorandumCircular(M.C) No.8,Seriesof2010.
SECTION 4. When Lands Deem:ed Private. As a general rule, untitled public
alienableanddisposable (A& D)landsarewithinthejurisdictionoftheDENRpursuant
to Commonwealth Act (CA) No. 141 (Public Land Act). However, such lands are
deemed"private"andforcoveragebytheDAR,ifalltherequisites specifiedinR.A.No.
6940, as amended by R.A No. 9176, for the determination ofwhether ornotprivate
rights overalandholdinghavealreadybeenacquiredexist,basedonthefollowing:
a. Continuous occupancy and cultivation by oneself or through one's
predecessors-in-interestonorpriorto04December1972;
b. Classification oftheland as alienable and disposable on orprior to 04
December1972;
Co Payment ofthe real estatetIX thereon; and
d. Non-existenceof adverseclillms ontheland.
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In caseswheretheDARandDENRhavejointlyidentifiedspecificuntitledpropertiesthat
may be covered under the LAD component of CARP, the DENR - Conununity
Environment and Natural Resources Office (CENRO)/Provincial Environment and
NaturalResources Office (PENRO) orRegional TechnicalDirector (RID) - LMS shall
issue the certification that the subjecttractoflandis within an area classified as A & D.
TheMAROshall,thereafter,initiatetheacquisitionprocessfor thelandholdingconcerned.
SECfION 5. LAD Phasing. Thescheduleoftheacquisitionanddistribution oflands
coveredbytheCARP shallbe,asfollows:
SCHEDULE PHASES
Phase 1
a. All largesingleprivateagriculturallands
above fifty (SO) hectares (with or
withoutNoticeofCoveragelNoq)
b. All large aggregate private agricultural
lands (PALs) of landowners with a
toWarea greaterthan SO hectareswith
(Noq as ofDecember10,2008
c. P.D. 27 lands (rice and com),
regardless ofsize
d. All idle or abandoned agricultural
lands,regardless ofsize
Starting 1July 2009 up to 30 June 2012
e.All lands offered under Voluntary
Offerto Sell (VOS),regardlessofsize
Lands covered by Voluntary Land
Transfer (VL1), regardless of size,
submitted as of June 30, 2009,
subject to the provisions of A.O.
No.8,Seriesof2003
g.GovenunentFinancialInstitutions(GFl)-
fureclosedlands,regardlessofsize
h. PCGG-acquiredlands,regardlessofsize
i.All othergovernment-ownedalienable
and disposable agricultural lands,
regardless of size
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Phase2-A
a. All remammg 1Mge single
agriculturallands withanarea of
24 to 50 hccmes (with or
withoutNoq
b. All PAL; oflandowners with an
aggregatearea ofabove 24to 50
hectares with NOC as of
December10,2008
c. All agricultural lands provided in
the preceding phase yet to be
completed
Phase2-B
a.All remainingPAL; oflandowners
with an aggregate area in excess
of24 hectares with or without
NOC
b. All agricultural lands provided in
the preceding phases yet to be
completed
Starting1July 2012upto30 June 2013
Phase3-A
a. All PAL; with an aggregate area
ofabove 10 hectares up to 24
hectu:es, with respect to the
excess above10hectares
b.All agricultural l a n d ~ provided in
the preceding phases yet to be
completed
Phase3-B
Starting1July2013upto30 June2014
a. All PAL; with an aggregate area
(Notwithstanding the aforementioned
from above 5 hectares up to 10
schedule,in nocasemayPhase3-Bbegin ona
hectares, with respect to the
parttcularprovince unless theLAD bal31lCe of
excessabove5 hectares
the same province that are coveredby Phases
1, 2-A, 2-B, and 3-A, except lands under the
b. All agriculturallands provided in
jurisdiction ofDENR,have been successfully
the preceding phases yet to be
completed.)
completed
~ ---L
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The Presidential Agrarian Reform Council (PARqorthePARC Executive Corrunittee,
upon the recommendation ofthe PARCCOM, may authorize particular provinces to
proceed with the acquisition and distribution ofagricultural lands ofa particular Phase
ahead ofits schedule bydeclaring them as Priority Land Refonn Areas, provided that
thatparticularprovincehas completedtheLADofall theotherPhases priorto theone
toproceedaheadofschedule.
SECTION 6. Phase of a Co-Owned Im1dholding. In case a landholding is co-
owned, the following rules shall apply in determining which phase that particular
landholdingshallbeacquiredanddistributed:
1. ifthelandholdingis co-owneddueto thenon-settlementoftheestateof
a deceased La:the phase shall be based onthe aggregate size ofall the
landholdingsofthedeceasedLa;
II. ifthelandholdingis co-ownedduetootherreasons:
a. ifthe aggregate size ofall the landholdings ofeach co-owner
coincidentallybelongstothesamephase:thephaseshall be based
on the aggregate size ofall the landholdings ofone ofthe co-
owners; or
b. if the aggregate size ofall the landholdings ofeach co-owner
belongs to different phases: the co-owners, as a group, shall be
treated as a single ill for the sole purpose ofdetermining the
phase that that particular landholding shall be acquired and
distributed, provided that the share of a co-owner to that
landholding shall be incorporated in determining his/her/its
aggregate size oflandholdings owned to determine the schedule
ofacquisitionanddistributionofhis/her/itsotherlandholdings.
SECTION 7. Excluded From Coverage. Excludedfrom coverageare:
a. Allundevelopedlandswitheighteenpercent(18%) slopeandover;
b. All lands dulyclassified bythe properLocalGovernmentUnit(LGU) as
corrunercial,industrial,orresidentialas of15June1988;
c. All ancestral lands/domains that may be identified in accordance with
rules that may be jointly issued by the DAR, DENR, LRA, and the
NationalCommissiononIndigenousPeople;
d. RetentionareasgrantedtoLaswhoexercisedtheirretentionrights;and
e. All agricultural landholdings ofa Lawith an aggregate size offive (5)
hectaresorless.
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SECfION8.ExemptedFromCoverage.Exemptedfromcoveragearelandsactually,
directly,ande>rclusivelyused,andfound tobenecessaryfor,lhefollowingpurposes:
a. Parks;
b. Wildlife;
c. Forestreserves;
d. Reforestation;
e. Fishsanctuariesandbreedinggrounds;
f. Watersheds;
g. MMtgroves;
h. Nationaldefense;
1. Schoolsitesandcampuses,includingexperimentalfarmstationsoperated
bypublicorprivateschoolsforeducationalpurposes;
). Seedsandseedlingsresearchandpilotproductioncenters;
k. ChurchsitesandIslamiccentersappurtenantthereto;
L Communalburialgroundsandcemeteries;
m. Penalcoloniesandpenalfarmsactuallyworkedbytheinmates;
n. Governmentandprivateresearchandquarantinecenters;
o. Fishpondsandprawnfarms;and
p. Livestock,poultry,andswineraisingsince 15June1988.
SECfION9. Coverage ofPreviouslyExemptedAgricuJturaJ Lands.Ifany ofthe
private agricultural lands stated in Section 8 hereofis discovered not to be actually,
directly, andexclusively used,and/ornotnecessary,anymoreforthepurposeforwhich
itis exempted,thePARa shallimmediatelyissueanNOCforthesubjectlandholdingor
theportionsthereof.
SECfION 10. Conversion Proceeding Not A Bar to Coverage. Absent any final
ordergranting conversion, no act orattempt directed to changing the use ofthe land
from agricultural to non-agricultural, shall affect the land's coverage pursuant to the
CARP.
SECfION11. AutomaticCoverageofConvenedLandsNotDeveloped. Pursuant
to Section 65 of R.A. No. 6657, as amended, the failure to fully implement the
conversion planwithinfive (5) years from theissuanceofDAR conversionorder,orany
violation oftheconditionsoftheconversionorder,in theeventsuchfailure orviolation
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was duetothefault oftheapplicant,shall causethelandsubjectthereoftoautomatically
becoveredbyCARP,subjecttotherightsofretention.
Pursuant to this rule, an ocular inspection ofall landholdings subject ofa conversion
ordershall beconductedby the PARO on an annual basis, orimmediatelyafterreports
ofviolationsoftheconditionsofaconversionorderarepresentedbeforehis/heroffice.
ThePARO must prepare and submit a reportthatcontains his/herfindings regarding
thestatus ofimplementationoftheconversionplanand/orexistenceofviolations ofthe
conversion order.This reportshallbesenttotheRegionalDirector(RD) orthe Center
for Land Use Policy, Planning, and Implementation (CLUFP!), depending on their
jurisdiction perthe Rules on Conversion. TheRDorthe Secretary, as the case may be,
shalltakeappropriateactionspursuanttotheexistingimplementingrulesandregulations
onlanduse conversion.
SECTION12.DENRDistributedLandsUnderCARP.Landholdingsdistributedby
the DENR under R.A. No. 6657, as amended, shall no longer be acquired and
distributedbytheDAR.
SECTION 13. AgriculturalLands Reclassified to Non-AgriculturalUses Before
June15, 1988 but SubsequentlyReclassifiedto AgriculturalUses areCoveredby
CARP.Landholdingswithinzonesclassifiedas non-agriculturalbefore15June1988 but
subsequently reclassified as agricultural by the LGU concerned are covered by CARP.
Any exemption orderissued therein shallbereviewed by theRD to determinewhether
the subject landholding is still agricultural in land use, and if found to be sucb, said
exemption ordershall be immediately revoked. An NOCshall thereupon be issued to
theLO.
SECTION14. Reallocation ofForeclosedAgriculturalLand. TheDARshall take
possession ofawarded agricultural lands which were foreclosed for failure to pay the
amortizations forthree(3) aggregateyears,wherethetwo (2)-yearredemption periodhas
already expired by negotiating for redistribution. The Land Bank of the Philippines
(LBP) shallcertifY thelands'availabilityforreallocation,and theDARshall identifYnew
ARBs therefor.
CHAPTER4. NOTICEOFCOVERAGE
SECTION 15. Issuance ofNotice ofCoverage. The NOC shall be issued to the
registered landowner (RLO) ofthe landholding, as stated in theTransferCertificate of
Title (TCT) or Original Certificate of Title (OCT), or, in case of untitled private
agricultural lands, theTaxDeclaration, preferablynotlaterthan onehundredandeighty
(180) days priorto the first day ofthe scheduled date ofacquisition anddistribution as
providedforinSection5ofthis Rule. .
In case the RLO stated in the TCT orOCTis different from that stated in the Tax
Declaration,theNOCshall beservedtotheRLOstatedin theTO'orOCT.
TheNOCmuststatetheperiodsfortheLOtofileaprotestoncover-age, nominationof
preferred beneficiarylies, manifestation for exemption!exclusion, and manifestation to
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exercise the rightofretention, as well as tosubmita duly attestedlist ofthe agricultural
lessees, regular farmers, and/or tenants in his/her/its landholding. The NOC must
explicitly warn theill that failure on their part to exercise their right during the said
periodsshall beregardedas awaiverontheirparttoexercisethese.
SECfION 16. Service of NOC. TheNOCshall beservedinthefollowingmanner.
a. Personal Service: The NOC shall be served primarily by personally
handing a copy thereof to the "person authorized to receive" as
enumerated under Section 17 hereof. Personal service is effected when
theperson authorized to receive affixes his signature orthumb markon
the receiving copy ofthe NOC in the presence ofawitness who also
affixes his signature.
Personal service of the NOC shall be done by the Bureau ofLand
Acquisition and Distribution (BLAD) in the DARCentral Office ifthe
last known address ofthe person authorized to receive is within Metro
Manila, orthe MAROwho has jurisdiction overthe last known address
ofthe personauthorized toreceive, iflivingin aprovinceoutside Metro
Manila.
b. Substituted Service: Ifthe "personauthorized to receive" is notpresent
in his/herlastknownaddress,orrefusesto receive theNOC,theMARO
shall immediately avail ofsubstituted service and serve the NOC by
leavinga copy ofthe NOCatthe residence oftheperson authorizedto
receivewith someperson ofsuitable age anddiscretion residingtherein,
orby leavingacopyoftheNOCattheRID'soffice orregular place of
businesswithsomecompetentpersonin chargethereof.
The MARO shall thereafter immediately prepare and send a Return of
Service ofthe NOC to the concernedPARO who has jurisdiction over
the subject landholding the factof completed/failed substituted service.
The PARO shall thereafter immediately inform the BLAD the fact of
substituted service and send it a copy ofthe NOC. The BLAD shall
thereafterpublishtheNOCinaccordancewithSection 18 hereof.
c. Extraterritorial Service: Ifupon diligent investigation, the MARO who
has jurisdictionoverthesubjectlandholdingfinds outthatthelastknown
address ofthepersonsauthorizedtoreceiveis outsidetheterritoryofthe
Philippines, he shall send acopyofthe NOCtothelastknown address
ofthepersonauthorizedtoreceiveabroadbyregisteredmail.
The MARO shall immediately prepare and send a Return ofService of
the NOC to the concerned PARO and request the latter for the
publicationoftheNOCthroughtheBLAD. TheBLADshallthencause
thepublicationoftheNOCinaccordancewithSection 18hereof.
d. ImmediatePublication:Iftheaddress ofthepersonauthorizedto receive
is unknown. orsubstitutedperson is notavailable, the MARO who has
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jurisdiction over the subjectlandholdingshall immediately file a written
reportas totheinvestigationmadeandthefailure toknowtheaddressof
theLOtothePARO,andthelattershallsendacopyoftheNOCto the
BLAD. TheBLADshallthereaftercausethepublicationof theNOC.
Immediate publication shall also beeffected ifthe person authorized to
receivetheNOCis thatstatedinSection17(vii) (b) hereof. Assuch,the
PAROwhohas jurisdictionOverthesubjectlandholdingshallalsosenda
copyoftheNOCtotheBLAn. TheBLAnshall thereafterpublishthe
NOCinaccordancewithSection18hereof.
SECfION17. PersonsAuthorized toReceive. ServiceoftheNOCshall bemadeto
thefollowingpersons:
1. Service upon the RLO who is a natural person - The NOC shall be
servedtotheRLO.
11. Service upon co-owners - In case the RLO of the landholding are
multiple persons as co-owners, theNOCshall beservedupon each and
every registered co-owner, unless one is specifically authorized, in a
writtenpublicdocument,toreceivefortheCO-Dwners;
tll. Service upon minors - Whenthe RLO is a minor, service shall bemade
upon his/her father and/ormother,whoever has lawful custody ofthe
said minor. Ifthe RLO has no parents, service shall be made upon
his/her legal guardian if he/she has one, or, if none, upon his/her
guardianadlitemwhoseappointmentshallbeappliedforbytheDAR;
tv. Service upon incompetents - When the RLO is insane or otherwise
incompetent,serviceshallbemadeuponhis/herlegalguardian ifhe/she
has one,or,ifnone,uponhis/herguardian ad litemwhoseappointment
shallbeappliedforbytheDAR;
v. Service uponentitywithoutjuridical personality- When theRLOswho
are persons associated through an entitywithout juridical personalityare
issued anNOCunderthenamebywhichtheyaregenerallyorcommonly
known, service maybeeffecteduponall theRLOs byservinguponany
one ofthem, or upon the person in charge ofthe office or place of
business maintained in such name, provided that service shall not
individuallybindany personwhoseconnectionwith theentityhas,upon
duenotice,beenseveredbeforetheproceedingwasbrought;
VI. Service upon domestic private juridical entity - When the RLO is a
corporation, partnership, orassociation organized underthe laws ofthe
Philippines with a juridical personality, service may be made on the
president, managing partner, general manager, corporate secretary,
treasurer,orin-housecounsel;and
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vu. Service upon the heirs ofa deceased RLO - When the RLO has died
priortotheserviceoftheNOC,theNOCshallbeservedto:
a. ifthesettlementoftheEstateis currentlypendingwith thecourt,
theExecutorortheAdministratoroftheEstate;or
b. ifthesettlementoftheEstateis notpendingwith thecourtorif
thereis noexecutororadministrator,theNOCshall beserved to
allknownheirsandshallalso bepublished.
SECTION18.PublicationofNOC.If anyofthecircumstancesunderSections 16and
17 requires publication ofthe NOC, the NOC shall be published in a newspaper of
generalcirculation.
NOCs required to be published shall be sent by the PARO concerned to the BUD
which shall be responsible for publishingthe same. All NOCs sent to the BLAD for
publication shall be published on thefifteenth orthirtieth day ofthe month they were
receivedbytheBLAD,whicheveris soonest.
Service by publication shall be evidenced by the affidavit of the editor-in-chief, or
circulation/advertising manager, attestingto the fact ofsaid publication and a copy of
thesaid publication.Thepublication neednotstatethe entire contents ofthe NOCbut
onlythefollowingessentialparticulars:
1. Coverage ofthe subject landholdingunder CARP on the specific land
acquisition schedule based ontheprioritized phasingunderSection 7 of
RA.No.6657,as amended;
2. OCT/ TCT/LatestTaxDeclarationNo/s.andcorrespondingarea;
3. Completename/sof theRLO/sandlastknownaddress,ifavailable;
4. Address or location of the subject landholding (barangay,
city/municipality,province);and
5. Theperiod fortheLOto nominatehis/herpreferredbeneficiary/ies, to
submitadulyattestedlistoftenants,lesseesand/orregularfarmworkers,
ifany, in his/her/its landholding, to file a manifestation to exercise the
rightofretention,tofile aprotestoncoverage,andtofile amanifestation
for exemption/exclusion, as well as the consequences ofthe failure to
exercisetheserightsduringtheprescribedperiod.
SECfION19. PostingoftheNOC. Inall cases, the MARO oranyauthorized DAR
Personnel shall post a copy of the NOC at a conspicuous place at the subject
landholding, and ensure that the notice is clearly visible. For this purpose, waterproof
andenvironmentally-friendlymaterials,measuringtwo (2) bythree(3) feet, shallbeused.
The BARC Chairman or his authorized representative shall thereafter issue the
correspondingCertificationofPostingCompliance.
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Additionally, a certified true copyofthe NOCshallalso bepostedforseven (7) days at
the bulletin board ofthe Municipal/City Hall and the Barangay Hall where the land
covered is located. The Municipal/CityAdministratorand the Barangay Secretary shall
thereuponissuetheircorrespondingCertificationof PostingCompliance.
SECTION 20. DateofReceiptofNOC. ForRLOs who did notreceive the NOC
through personal service, the date ofposting orthe date ofpublication, whichever is
later,shallbedeemedthedateof receiptofthesame.
CHAPTER5:VOLUNTARYOFPERTOSELL
SECTION 21. VOS Conditions. LOs may voluntarily offer their private agricultural
lands for coverage underR.A. No.6657, as amended, bysubmittinga notarizedLetter-
Offer, in a form thatshall be provided by the DAR, to the PAROwhere the offered
landholdingislocated.
Upon its acceptance by the DAR, the Letter-Offer for coverage under VOS can no
longerbewithdrawn. A VOSis deemedacceptedbytheDARuponreceiptbythe LO
oftheLetterofAcceptanceofthe PARO. TheLetterofAcceptance shall beservedto
theLOinthesamemanneras theNOC,as providedbySections 16and18 of thisA.O.
SECTION 22. Landholding Under Five (5) Hectares Voluntarily Offered. The
DAR shall not accept the VOS of any LO who owns one or more agricultural
landholdingswhich,combined,hasanaggregatesizeoffive (5) hectaresorless.
Toensurethis, itis incwnbentuponthePAROtoverifYtheextentof thelandholdings
ownedbytheill priortoexecutingandissuingtheletterofacceptance.
SECTION23.VOSToCoverTheEntireAreaor TheLandOffered.An LOwho
wishes toofferhis/her/itslandunderVOSmustoffertheentireareaofthesame parcel
ofland,subject,however,tothelastparagraphof Section27 of thisA.O.
SECTION24. LandholdingOwnedByA CorpomtionorCo-Owned.In case the
agricultural landholdingis owned bya corporation,theLetter-Offerforcoverageunder
VOS mustbe filed togetherwitha Resolution bythe Corporation's BoardofDirectors
givingspecificauthoritytothepersonwhoexecutedtheLetter-Offertovoluntarilyoffer
thelandholding.
In case the agricultural landholdingis co-owned by several persons or is owned byan
unsettled estate ofa deceased person, the Letter-Offermustbe executed byall the co-
owners / heirs, except if the person(s) executing the Letter-Offer has/have been
specifically authorizedin apublicinstrumentbyall the co-owners /heirs to execute the
sameonbehalfof them.
SECTION25. WhenShiftingfrom CAtoVOSAllowed. LOswho received NOCs
for their landholdings underCompulsory Acquisition (CA) may be allowed to shift to
VOS, providedthatthe Claim Folder (CF) forthesubjectlandholdinghas notyetbeen
13
received by the Claims Processing, Valuation and Payment Division (CPVPD) ofthe
LandBankofthePhilippines(LBP) forvaluation.
The LO may shift to VOS from CA by filing a written Letter-Offer received by the
PAROoftheareawherethelandis located.
An LOwho shifts to VOSwho fails to nominateapreferredbeneficiaryand tosubmit
his/herduly attested list oftenants, lessees and/orregular farmworkers, ifany, during
thethirty(30) dayperiodfrom receiptofNOCis disqualifiedtonominateoneand/oris
deemedtohavewaived his righttoattest.
SECTION26.VoluntaryLandTransfer/DirectPaymentScheme.OnlyVLT/DPS
applications dulysubmittedtoDARonorbefore30June2009shallbeallowed.
CHAPTER6: RETENTION,PROTESTOFCOVERAGE,
NOMINATIONOFPREFERREDBENEFICIARY/IES,
APPUCATIONFOREXEMPTIONOREXCLUSION
SECTION27. Periodto ProtestCoverage, Nominate Preferred Beneficiary/ies,
File a Manifestation for Exemption/Exclusion. and File a Manifestation to
Exercise Retention Rights. Within a non-extendible period ofthirty (30) days from
his/her/its/theirreceiptoftheNOC,theill maydothefollowing:
1. Protest against coverage, which must be filed before the PARO and
shouldcontainthesubstantialbases thereof;
2. Nominatechild/renwhomayqualifyas preferredbeneficiary/ies;
3. File a Manifestation for Exemption orExclusion from CARP coverage
beforethePARO;and
4. FileaManifestationtoExercisetheRightofRetentionbeforethePARO.
Thefailure todoany oftheforegoingwithin theabovementioned regiementaryperiods
shall be consttuedas awaiveronthe partoftheLOoftherighttoprotestcoverage,to
nominate child/ren as preferred beneficiarylies, to file a petition for exemption or
exclusion from CARP coverage, and/orto exercise the right ofretention, as the case
may be. All protests, nominations,and manifestations/petitions made after this period
shallnolongerbeaccepted.
ForlandholdingsunderVOS,theLOshallexercisehis rightofretentionandtherightto
nominatechild/ren as preferred beneficiaries bysubmittinganotarized noticethereofto
the PARO who has jurisdiction overthe landholding offered at any time prior to the
completion ofservice oftheLetterofAcceptance.Thefailure toexercisethesaidrights
in this caseattheprescribedtime shallbeconsttuedas awaiverthereof.
14
SECTION 28. Period to File an Application/Petition for Exemption/Exclusion.
The Application/Petition for Exemption or Exclusion from CARP coverage may be
filed togetherwith theabove-mentionedManifestation. If itis notfiled jointly, theLO
can file it,togetherwiththedorumentsrequiredbytherules onexemptionorexclusion,
within sixty (60) days from receipt ofthe NOC. Non-submission thereofwithin this
reglementaryperiod shall be construedas awaiver orabandonmentofhis/her/itsright
to file said Petition for Exemption orExclusion from CARP coverage with respect to
thelandholdingcovered.
Forlandholdings underVOS, theLOis deemed tohavewaived his/her/itsrightto file
such a Petition for Exemption or Exclusion from CARP coverage upon DAR's
acceptanceof his/her/itsoffer.
SECTION 29. Petition for Protest of Coverage and/or Petition for Exemption or
Exclusion Not Bar to Continue LAD Process. Despite the pendency ofa protest
against coverage or a petition for exemption orexclusion, the land acquisition process
shall nevertheless continueuntil the issuance ofthe Memorandum ofValuation (MOV)
with the attached Land Valuation Worksheet (LVW) by the LBP, unless otherwise
suspendedsoonerthroughaCeaseandDesistOrder(CDO) bytheRDortheSecretary.
NotwithstandingaPetitionforCertiorarifiled with thecourts,thePARO shallissue and
serve the Notice ofLandValuationand Acquisition (NLVA) andproceedwiththerest
ofthe land acquisition anddistributionprocess thereafteras soon as theprotestagainst
coverage or petition for exemption or exclusion has been denied by the RD, or if
appealed,bytheSecretary,oriffurtherappealed,bythePresidentof the Republic ofthe
Philippines,unless otherwiseorderedsuspendedbytheSupremeCourt.
The submission ofthe Manifestation for Exemption or Exclusion alone, without the
Application/Petition, shall not affect the land acquisition process as provided in this
A.O.,norgivegroundfortheissuanceof aCDObytheRDortheSecretary.
SECTION 30. Period to Exercise Right of Retention. The LO may choose a
retention area at the same time that he/she/it manifested to exercise the right of
retention. Ifthisis notdoneatthesametime,theill can choosetheareawithinanon-
extendible period offifteen (15) days aftermanifestinghis/her/itsdesire toexercise the
saidright.
Incasethelandholdingis ownedbyC<KJwners, orbyan unsettledEstateofanLOwho
died prior to the issuance ofthe NOC, such co-owners orheirs may only choose a
retention area through a joint application executed byall ofthem, agreeing therein the
retentionareaofeach ofthesaidco-ownersorheirs,providedthattherightofretention
oftheheirs,inCase ofanunsettledEstate,shallbesubjecttoSection37 ofthisA.O. In
caseoneormoreofthe co-ownersorheirsrefuses orails tojoinwiththeothersin the
application, the rest ofthe co-owners orheirs may notchoose a retention area unless
theyhavepartitionedtheirco-ownershiportheEstate,whicheveris applicable. Someor
all ofthe co-owners orheirs may file, togetherwith theirmanifestation to exercise their
rightofretention,amanifestation topartitiontheirco-ownership orthe Estate. Ifsuch
manifestationtopartitionis filed, theco-ownersorheirsmustpartitiontheco-ownership
orEstateandchoosearetentionareawithinsixty(60) days fromreceiptof theNOC. If
15
such manifestation to partition is not filed, the co-owners or heirs must accomplish such
partition and choose a retention area within the fifteen (15) days allotted to a single LO.
The failure to choose his/her/its/their desired area within the fifteen (15)-day or sixty
(60)-day period, whichever is applicable, shall be deemed a waiver to do so, and shall
automatically authorize the MARO to choose the area to be retained.
SECTION 31. Factors to Consider in Choosing Retained Areas. When the LO
waives his/her/its right to choose the area to be retained, the MARO shall choose, on or
before the conduct of the Survey, in the LO's behalf, taking into consideration the
following factors:
1. commodity produced;
2. terrain;
3. available infrastructure; and
4. soil fertility.
As soon as the MARO shall have identified the area, the DAR shall notify the LO, by
registered mail with return card, the portion selected as his/her retention area. The same
notice shall indicate that the Retained Area chosen may not be contested.
SECTION 32. Retained Area Must be Compact and Contiguous. No retention
area may be chosen by the LO or the MARO unless such area is compact and
contiguous.
In case of a co-ownership or an unsettled Estate mentioned in Section 30 hereof, each
co-owner or heir may choose an area not contiguous with that chosen by his/her/its co-
owner/ co-heir, provided, that if it is the MARO who shall choose the retention area on
their behalf, the retention area of all CO-{)wt1ers/co-heirs must, as far as practicable, be
compact and contiguous with each other.
SECTION 33. Certificate of Retention. The PARO shall issue Certifications of
Retention to LOs who had already availed of their Retention Rights. LOs who own
lands with an aggregate area of five (5) hectares or less may be issued by the PARO a
Certification of Retention upon request.
In case the LO opts for the immediate issuance of a title for his/her retention area after
the issuance of Certification of Retention by the PARO, prior to the acquisition process
in accordance with the schedule stated in Section 5 of this A.O., he can request, in
coordination wim me PARO, the Registry of Deeds (ROD) to issue a title in the W's
name on the portion of his/her retained area based on me Owner's Duplicate Copy of
title from the W, Approved Segregation Plan, and technical description, and Certificate
of Retention. All fees for the said immediate segregation survey of the LO's retention
area and the issuance of title on the same by the ROD shall be chargeable to the account
ofmeLO.
SECTION 34. Retention for VOS Lands Prior to 1 July 2009. For VOS lands
submitted prior to I July 2009 where the master list of ARBs has been fmalized, the
retention areas of LOs covered under said VOS shall be processed under the existing
guidelines of R.A. No. 6657, as amended, before July 1, 2009.
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SEcnON35.RetentionUnderCommonwealthActNo.141. Landholdingscovered
byhomesteadgrantsandFreePatentsissuedpursuanttoCommonwealthAct(CA)No.
141 stillownedbytheoriginalgrantees ortheirdirectcompulsoryheirs shall beretained
bythemas longas theywere cultivatingthe said landholdings and continue to cultivate
thesame.
SECTION36. RetentionunderP.D. No. 27. Lasorheirs ofLasnotqualified to
retainlandsunderp.o.No.27cannotclaimretentionunderR.A. No.6657,as amended,
orevenunderR.A. No.9700, overtheirlandholdingsthatwerecoveredunderP.D.No.
27. ThesameLasorheirs ofills,however,maystill exercise theirrightofretention
overotherlandholdings thathereaftershallbecoveredbyR.A.No.6657,as amended.
SECTION 37. Retention ofLandowner's Heirs. Heirs ofdeceased Laswho died
after 15June 1988 are onlyentitled tothefive (5) hectareretentionareaofthedeceased
La.
SEcnON38.RetentionofSpouses.FormarriagescoveredbytheConjugalProperty
ofGains Regime,spouseswhoseagriculturallands areall conjugAl innature mayretain a
totalofnotmorethanfive (5) hectares ofsuchproperties.However,ifeitherorbothof
themare Lasintheirown respective rights (capitaland/orparaphernal),theymayeach
retain notmorethan five (5) hectares oftheirrespective landholdings. Inno case shall
thetotalretentionareaofsuchcoupleexceedten(10) hectares.
For marriages covered by the Absolute Community ofProperty Regime, the spouses,
togelher, mayretainnotmorethan five (5) hectares. All properties (capital, paraphemal,
and conjugal) shall beconsidered to beheldinabsolute community, i.e., the ownership
relationship is one,and, therefore, onlya totalarea offive (5) hectares may be retained
bythecouple.
Formarriages coveredbyaCompleteSeparationof PropertyRegime, each ofthemmay
retainnotmorethanfive (5) hectares oftheirrespectivelandholdings.
The property regime ofa married couple whose marriage was celebrated prior to 03
August 1988 shall bepresumed to bethe Conjugal PropertyofGains, unless otherwise
statedin avalid marriage settlement. Thepropertyregime ofthosewhosemarriagewas
celebratedonorafter03August1988shallbepresumedtobetheAbsoluteCommunity
ofProperty,unless otherwisestatedinavalidmarriagesettlement.
SECI'ION39. TenantChoosesto RemainintheRetentionArea. In case a tenant
choosestoremain in theLa'sretainedarea,lheformershallbealeaseholderin thesaid
landandshallnotqualifyas abeneficiaryunderCARP.Conversely,ifthetenantchooses
to be a beneficiary in another agricultural land, he/she cannotbe a leaseholder in the
landretained bytheLa. Thetenantmustexercisethisoptionwithin aperiodofone(1)
yearfromthetimetheillmanifestshis/herchoiceoflheareaforretention.
Tenants/lesseesinlheretainedareaswhodonotwishtobecomeleaseholdersintheretained
lands shall begiven preference inotherlandholdingswhetherornottheselands belongto
the same ill,without prejudice to the furmers who are already in place in said other
landholdingsandsubjecttotheprioritiesunderSection22of R.A.No.6657,asamended.
17
In all cases, the security of tenure of the farmers or farmworkers on the rD's retUned
land prior to the approval of R.A. No. 6657, as amended, shall be respected. Further,
actual tenant-farmers in the landholdings shall not be ejected or removed therefrom.
SECTION 40. DAR Clearance on Land Tmneactions. Land transactions executed
prior to 15 June 1988 shall be valid only when registered with the Registry of Deeds on
or before 13 September 1988 in accordance with Section 6 of RA. No. 6657, as
amended.
With respect to those executed on or after 15 June 1988, where the transfer/sale of a
landholding involves a total area of five (5) hectares and below and such landholding is
the retention area of or subject of retention by the transferor, and where the transferee
will not own an "Megate area of more than five (5) hectares as a result of the sale, the
transfer is legal and proper. However, a DAR clearance is needed for monitoring
purposes and as a requisite for the registration of the title in the name of the transferee
with the ROD.
With respect to LOs who have yet to exercise their right of retention, where more than
five (5) hectares of the landholding is sold or transferred, whether through a single
transaction, multiple transactions, or a series of transfers/sales, only the first five (5)
hectares sold/conveyed and the corresponding titles therefor issued by the ROD in the
name of the transferee shall be considered valid and treated as the transferor's retained
area, but in no case shall the transferee exceed the five (5)-hectare landholding ceiling
pursuant to Sections 6,70, and 73(a) of RA. No. 6657, as amended. Insofar as the excess
area beyond the five (5) hectares sold and conveyed is concerned, the same shall be
covered under CARP, regardless of whoever is the current title-holder to the land, and
even if the said current title-holder owns less than five (5) hectares of agricultural
landholding, considering that the transferor has no right to dispose of these lands since
CARP coverage of these lands is mandated by law as of 15 June 1988. Any landholding
still registered in the name of the LO after earlier dispositions up to an aggregate of five
(5) hectares are no longer part of his retention area and therefore shall be covered under
CARP.
In cases where there has been an improper, invalid, or Wllawful transfer, the NOC shall
be sent to the last lawful owner of the landholding and to such person who is registered
as the owner of the same, and its coverage shall be done in accordance with the pertinent
guidelines on the matter.
SECI10N 41. Conditions for LGU Retention Limit Exemption. CARP covered
agricultural lands which are to be expropriated or acquired LGUs for actual, direct, and
exclusive public purposes, such as roads and bridges, public markets, school sites,
resettlement sites, local government facilities, public parks, and barangay plazas or
squares, consistent with the approved local government land use plan, shall not be
subject to the five (5)-hectare retention limit However, prior to the
expropriation/acquisition by the LGU concerned, the subject land shall first undergo the
land acquisition and distribution process of the CARP, and the ARBs therein shall be
paid just compensation without prejudice to their qualifying as ARBs in other
landholdings under the CARP.
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SECTION42.AgriculturalLandsSubjectofExpropriation. PursuanttoSection6-
A ofR.A. No. 6657, as amended, an LGU may, through its ChiefExecutive and/or
pursuanttoanordinance,exercisethepowerofeminentdomainonagriculturallands for
public use, purpose, or welfare ofthe poor and the landless, upon payment ofjust
compensation to the ARBs on these lands, pursuant to the provisions of the
Constitution and pertinent laws. The power ofeminent domain may notbc exercised
unless avalid and definite offer has been previouslymade to the ARBs, and suchoffer
was notaccepted.In cases wherethe landsoughttobeacquired has beenissuedwith an
NOCoris alreadysubjecttoVOS(with aletter-offersubmittedtoDAR),the concerned
LGU shall suspend the exercise ofits power ofeminent domain until after the LAD
process has been completed and the titie to the property has been transferred to the
ARBs.
Whereagricultural lands havebeensubjectedtoexpropriation,theARBs therein shall be
paidjustcompensation.
CHAPTER7. FARMERBENEFICIARYIDENTIFICATION,
SCREENINGANDSELECTION
SECfION 43. Who are Qualified Beneficiaries. FarmersffiUers and farmworkers
who meet the following qualifications shall be eligible as beneficiaries under the
ComprehensiveAgrarianReformProgram:
a. GeneralQualifications.AllARBsmustbe:
1. A farmer/tiller who owns less than three (3) hectares of
agriculturalland;
11. A Filipino citizen;
ill. A resident ofthe barangay (or the municipality ifthere are not
enoughqualifiedARBs in thebarangay);
lV. At least fifteen (15) years ofage at the time ofidentification,
screening,wdselectionoffarmer-beneficiaries;and
v. W.tlling, able, and equipped with the aptitude to cultivate and
make melandproductive.
b. Specific Qualifications for Regular Farmworkers in Commercial Farms
and Plantations. In case the subjectlandholdingis a commercial farm or
plantation, in addition to me General Qualifications stated above, the
applicant mustbeemployed in the landholdingcoveredunder CARP to
bedeemedaregularfarmworker.
All farmworkers who are holdingmanagerial orsupervisorypositions as
of the issuance of the NOC shall not qualify as ARBs. However,
farmworkerswhowerepromotedtomanagerial orsupervisory positions
aftertheywereidentified, screened,and selected shallremain as qualified
ARBs.
19
SECTION44. Disqualificationofa Landowner-Mortgagorfrom BeinganARB.
A landowner-mortgagor, including his/her children, ofa foreclosed agricultural land
where the redemption period has already expired and which land is tobesubsequently
coveredunderCARP,cannotqualifyas anARB onthefureclosed land, notwithstanding
his/her/theirbeinginactualpossessionandcultivationthereof.
The former La/actual occupant and his/her children may reacquire the foreclosed
landholding through normal bankingtransactions up toa maximumoffive (5) hectares
each, andifthere is any excess, thesame shall be coveredunderCARP in the name of
theforeclosingbankfordistributiontoqualifiedARBs.
SECTION45. PrioritizationofQualified Beneficiaries.Qualified beneficiaries shall
beprioritizedin thefollowingorder:
1. Agriculturallesseesandtenants;
It. Regularfarmworkers;
llt. Seasonalfarmworkers;
IV. Otherfannworkers;
v. Actualtillers oroccupantsof publiclands,only insofaras untitledprivate
agriculturallandsareconcerned;and
Vi. Othersdirectlyworkingontheland.
For the purpose of the prioritization listed herein, agricultural lessees described 10
Section47hereof aredeemedtenantsof thearea theyselected.
SECfION46. FarmerChildrenofLandownerasPreferredBeneficiaries.Pursuant
to existing rules and regulations, the child ofan illshall be given preference in the
distributionof his/herparent'slandprovidedhe/shemeetsall ofthefollowingcriteria:
1. Filipinocitizen;
It. Atleastfifteen (15) years ofage as oftheissuanceof15June1988;and
llt. Actually tilling or directly managing the farm as of the time of the
conductofthefield investigationofthelandholdingunderCARP.
In no case may the distribution oflands to preferred beneficiaries deprive each ofthe
agriculturallessees and tenants ofbeingawardedtheportionofthelandholdingtheyare
actuallytenanting/leasing,whichinnocaseshall bemorethanthree (3) hectares.
SECfION47. TenantsofRetainedAreasasPriorityBeneficiaries.Anagricultural
lesseeortenantofaportionof alandholdingchosenas aretainedareawhooptednotto
staythereinas atenantmaychooseanyCARP-<:overedlandholdingwhich is notentirely
tenantedandmanifestto thePAROwhichhas jurisdictionoverthesaidlandholdinghis
intention to bea beneficiary thereof. ThePARashall considersuchagricultural lessee
20
ortenant, duly attested by the retainingLO, as priority in the selection, subject to the
rights ofthosewhoarealreadyin place.
SECTION 48. Landowners Availing ofVOS are Disqualified to beARBs. Las
who have voluntarily offered their landholdings for coverage under CARP, and those
who have previouslywaived theirrights to retain, aredisqualified from becomingARBs
ofotherlandholding!s beingcoveredortobecoveredunderCARP.TheLO'svoluntary
offer or his previous waiver is construed to be an inability and!or unwillingness to
cultivatethelandandmakeitproductive.
SECTION 49. Disqualification of ARBs. The following are grounds for the
disqualification of ARBsof theCARP:
a.) Failure tomeetthe qualifications providedunderSection 22 ofR.A. No.
6657,asamended;
b.) Voluntaryexecution ofawaiverofrighttobecomean ARBin exchange
for due compensation, and such waiver has notbeen questioned in the
propergovernmententityas oftheeffectivity ofthisA.O.;
c.) Deliberate and absolute failure oftheARBto pay an aggregate ofthree
(3) annual amortizations to the LBP and subsequent failure to exercise
the right ofredemption!repurchase within two (2) years, provided an
amortizationtablehasbeenissuedtotheARB, andprovidedfurtherthat
the amortizations shall start one (1) year from the ARB's actual
occupancypursuanttoSection26ofR.A. No. 6657,as amended;
d.) Deliberate and absolute non-payment of three (3) consecutive
amortizationsincaseofavoluntarylandtransfer/directpaymentscheme,
provided that the ARB has been installed and is in actual possession of
the land, and providedfurtherthatthe lastprovisowill notapply ifthe
non-possessionoftheARBis attributabletohis orherownfault;
e.) Withrespecttocommercialfarms, termination fromtheserviceforcause
as ofthe date ofeffectivity ofthis A.O., unless a complaint for illegal
dismissal regarding the said termination is pending, in which case the
termination must be affinned with finality by the proper entity ofthe
government;
f.) Voluntary resignation or voluntaryretirementfrom theservice, provided
thiswas notattendedbycoercionand/ordeception,andthere is no case
questioning said voluntary retirement or voluntary resignation by the
applicant as of the dateofeffectivity of this A.a.;
g.) Misuse ordiversion offinancial and suppottservices extended to ARBs
pursuanttoSection37ofR.A.No.6657,asamended;
21
h.) Negligence or misuse ofthe land or any support extended by the
governmentas providedinSection22ofR.ANo.6657,as amended;
i.) Material misrepresentation of the ARB's basic qualifications under
Section 22ofR.A.No.6657,asamendedbyR.A. No.9700,PD.No.27,
andotheragrarianlaws;
j.) Sale, transfer, lease, orany other formofconveyance byabeneficiary of
therightofownership, righttouse, orany otherusufructuaryright over
the land acquired byvirtue ofbeingsuch beneficiary, inorderto violate
orcircumventthe provisions ofSections 27 and73 ofR.A. No.6657,as
amendedbyR.ANo.9700, P.D.No.27,andotheragrarianlaws;
k.) Premature conversion by the ARB pursuant to Section 11 ofR.i\.. No.
8435;
1.) Final judgment for forcible enttyorillegal detainer bypersonswho are
originally notqualified beneficiaries as agrarian reform beneficiaries, the
unlawfulentryofwhichwouldhaveallowed them to avail the rights and
benefitsofanagrarianreformbeneficiary;
m.) With respect to foreclosed landholdings, the illthereof and/or his
children, but only insofar as the same foreclosed landholding is
concemed;and
n.) Commissionofanyviolation oftheagrarian reformlaws andregulations,
orrelatedissuances, as detenninedwithfinality afterproperproceedings
bytheappropriatetribunaloragency.
SECTION 50. Period to Prepare and Submit the duly Attested List of Tenants,
Lessees and/or Regular Fannworkers. Within a non-extendible periodofthirty(30)
days fromreceiptoftheNOC,theillmustsubmittotheMARO,furnishingacopyto
thePARO,aduly attestedlistofall his/hertenants,agriculturallessees,andregularfum
workers,in his/herlandholdingatthetimeoftheissuanceoftheNOC. Thelistshall be
submittedwithaswornstatementthattothebestofhis personalknowledge and based
on all documents in his possession, all those listed are tenants, lessees, and/orregular
fum workers in his/her landholding. and that he/she has not omitted any tenants,
agriculturallessees,and/orregularfumworkersfromthesaidlist.
TheLOmustalso attestwhetherornotthesubjectlandholdingis asubjectofacivillaw
lease. Ifit is, the attested list must contain both his/her/its regular F.rrmworkers and
thoseofhis/her/itscivilIawlessees.
The failure to submit the duly attested list and the sworn statement during the
abovementionedreglementary periodsshall beconstruedas awaiver onthe partofthe
LO to exercise his attestation rights as regards the tenants, lessees, and regular
farmworkers inhis/herlandholding.
22
Furthennore,theLO'sfailure orrefusal tosubmittheattestedlistshall not,in anyway,
delaytheLADprocess.
SECfION 51. ARB Selection for Untenanted Lands. For untenanted land, all the
farmers/tillers/fannworkers therein who qualify under the existing guidelines on the
identification, screening, and selection of ARBs, shall be considered as potential
beneficiaries ofthe land, provided that the proportional share ofeach will notexceed
three(3) hectares;otherwise,additionalfarmworkersshallbeconsidered.
Forunoccupiedlands,eachqualifiedlandlessfannershallbeallowedtheawardceilingof
three(3) hectares.
SEctION 52.ARB Selection for Commercial Farms/Plantations. Forthepurpose
of screening and selection of qualified ARBs in commercial farms/plantations, all
concerned P.!\ROs shall create a Beneficiary Screening Committee (BSC) whose
members shall be composed ofthe PARO as theExOfficio Chairperson, the MARO,
the DARPO Legal Officer, the Provincial Agrarian Refolm Coordinating Committee
(pARCCOM) Chairperson or his representative, and the Barangay Agrarian Refonn
Committee (BARC) Chairperson, or if there is no BARC, the Barangay Council
Chairperson,oftheareawherethelandholdingis locatedorhis representative, pursuant
toD.!\R A.O.No.7,Seriesof2003. TheMasterlistof ARBspreparedbytheBSCmust
becertifiedas correctandaccurate bytheBARC or, ifthereis noBARC,theBarangay
Council.
TheBSC mayinvitetheLO/sand/orcivil societyorganization (CSO) representatives in
theareatoserveas resourcepersonsintheARB selectionandscreeningprocess,as may
benecessary.
TheBSCshallexercisejurisdictionin thescreeningandselectionofARBs in commercial
farms forcollective distributionto ARBs. TheprocedureenumeratedinSections 55 and
56ofthisA.O.shallapply.
SEctION 53. Preliminary list of Potential ARBs For Non-Commercial
Farms/Plantations. Within three (3) days fromhis receiptoftheLO'sattestedlist of
lessees, tenants and/ or regular furmworkers or after the lapse ofthe thirty (30)-day
period forthesubmissionofsaidattestedlist, the MAROtogetherwiththeBARC shall
preparethepreliminarylistof potentialqualifiedARBs of thesubjectlandholding,clearly
stating therein whether a qualified ARB is classified as a lessee, tenant, regular
farmworker, seasonal fannworker, otherfarmworker, actual tiller oroccupantofpublic
land (only insofaras untitled private agrieulturallandhoJdings are concerned), orothers
directly working on the land. The MARO shall post the preliminary list ofpotential
ARBs for seven (7) days at the subject landholding and ensure that the list is clearly
visible to general public. For this purpose, waterproof and environmentally-friendly
materials, measuring two (2) bythree (3) feet, unless a larger oneis deemed necessary.
shallbeused.
Additionally, the preliminary list shall also be posted for seven (7) days atthe bulletin
boards ofthe Municipal/City Hall and the Barangay Hall where the land covered is
located.
23
TheMARO orsuch otherauthorized DARpersonnel shall include in the CF a report
stating the fact and date and time ofthe postinglhereofatthe bulletin boards oflhe
Municipal/City Hall andattheBarangayHall, aswell as atthe premises, which report
shall be accompanied by a certificate ofposting (containing, among others, the date
when thenoticewas posted atsaid bulletin boards and premises) to be executed bythe
Municipal!City Administrator, the Barangay Secretary, and the BARC concerned,
respectively.
Wilhin seven (7) days from the last date ofposting, all potential ARBs whose names
appear on said preliminary list must submit essential documents to prove his!her
qualification as an ARB as provided in Section43ofthis A.O. ThepotentialARBs are
as responsible as lheDARMOinprovingtheirownqualification.Thepreliminarylistof
potentialARBs mustalso stateinstructionsas to thesubmissionofwrittenrequests and
otherdocumentaryproof.
Aside from the documents submitted by a potential ARB, the DARMO shall use
available documentary evidence at hand, if any, and exhaust all efforts to gather the
necessary information!evidence as bases in the evaluation of the potential ARB's
qualificationsandinclusioninthesaidlist.
Thepreliminarylistmustalsoincludeinstructionstofarmers andfarmworkersnotlisted
in thepreliminarylistas tohowtheycanprovethattheyarequalified. Suchfarmers and
farm workers who believe that they are qualified ARBs, but whose names are not
included in the preliminary list must signify their intent to be included and submit
documentaryrequirementswithin seven (7) days from thelastday ofthe postingofthe
preliminarylist.
SECTION54. ScreeningandSelectionofQualifiedBeneficiaries.Uponreceiptof
theapplicationanddocumentaryrequirements,theMAROtogetherwiththeBARCshall
screen and select qualified beneficiaries pursuant to Section 22 ofRA. No. 6657, as
amended,in aparticularlandholding.TheBARCshallcertifytheMasterListunderoath
within five (5) days after the screening and selection. The BARC certified Master List
shallbeprovidedtothePAROforthelatter'sapproval.
SECTION 55.ServiceandPostingof theMASterList.TheMasterListapprovedby
the PARO shall be served by the MARO or any DAR personnel authorized by the
PARO, personallyorby registered mail, to all those named therein and to all persons
listed inthe preliminarylistbutis notincludedin theapprovedmasterlist. TheMaster
List shall clearly state whethera qualified ARB is classified as a lessee, tenant, regular
farmworker, seasonal farmworker, other furmworker, actual tiller oroccupant ofpublic
land (only insofaras untitled privateagricultural landholdings are concerned), orothers
directlyworkingontheland. It shallalsoprovidethelengthofserviceortenure,indays,
of eachof lhesaidqualitiedARBs.
The Master List shall be accompanied bya notice to lhe qualified ARBs listed therein
thattheywill berequiredto executeandsign theAPFUandthatfailuretodososhallbe
consideredawaiverof theirrighttobecomebeneficiariesofthelandholding.
TheMasterListapprovedbythePAROshallalso be postedbytheMAROorany other
DARpersonnelauthorized bylhePAROforseven (l) days atlheBarangay Hallwhere
24
the landholding covered is located. In addition to the foregoing, the MARO orsuch
other DAR personnel authorized by the PARO shall simultaneously cause the
production and installation ofa billboani, preferably made oftarpaulin orany visible
waterproofand environmentally-friendlymaterial,ofsmd MasterList,m"'lSuringtwo(2)
by three (3) feet, unless a larger one is deemed necessary, at a conspicuous locabon
within thepremises ofthelandholding. TheMARO orsuchotherDARpersonnelshall
includein theCF areportstatingthefactanddateandtime ofthepostingthereofatthe
bulletin board ofthe smd Barangay Hall and at the premises, whichreport shall be
accompanied by a certificate ofposting (concining, among others, the date when the
notice was posted at the bulletin board) to be executed by the Barangay Secretary
concerned.
SECTION56. CompulsoryArbittation.Withinfifteen (15) days afterthepostingof
theBARC Certified MasterList, theLOoranyofthe potential beneficiaries mayfile a
writtenprotestthereon.Thepartiesconcerned,speciallythepersonstobeexcludedshall
be duly notified by the PARa ofthe proceedings and the decision. The PARO shall
conduct compulsory arbitration within ten (to) days from receipt ofsmd protest to
resolve the same. The PARO's decision shall be final insofar as the Master List is
concerned,copyofwhichshallbefurnishedtothepartiesconcerned.
In case the decision ofthe PAROin the arbitration results into an amendment ofthe
Master List, the amended list shall be postedagain for another seven \T) days in the
mannerandplacesprovidedbySection55ofthisAO.
SECTION 57. PARO's Authority on Inclusion/Exclusion Protest. The BARC
CertifiedMasterListofqualified ARBs becomes final afterthelapse offifteen (15) days
from issuance ofthe PARO's decision on the protest and receipt ofthe same by the
parties.
The authorityofthe PARO to decide is specifically limited toprotests and petitions on
the ARBs' qualifications to beincluded in the BARC Certified Master List. After this
phase, otherissues related to the ARBs' qualifications underspecific issuances shall be
fued as anagrarian lawimplementation(ALl) case totheRD.
Any person who disagrees with the PARQ's decision/s or order/s for
inclusion/exclusion of potential ARBs in/from the Master List may file a verified
petition for inclusion/exclusion against the ARBs therein in accordance with existing
ALIrules
SECTION58. FilingofInclusion/ExclusiouPetitionwith theRDwithin I-year
fromRegistrationofRPTitle.Thefilingofa verifiedpetition for inclusion/exclusion
against the ARBs before the RD must be initiated within one (1) year from the
registration ofthe Republic ofThePhilippines (RP) title, or, in case the landholdingis
untitled, from theissuanceoftheCOD.Apetitionforinclusion/exclusion fued beyond
smdone(I)-yearperiodis alreadybarredandmustbedismissed.
SECTION 59. Distribution Pending Inclusion/Exclusion. In case an action for
inclusion/exclusion ofqualified beneficiaries is pending, the distribution process shall
neverthelesscontinue.
25
Ifthe action for inclusion/exclusion is still pendingat the time thatthe Certificates of
Landownership Award (CLOAs) are to be generated, theARBs shall be notifiedbythe
MARO on orbefore the date ofthe generation ofthe CLOAs thatthe land allocated
may still change dependingon the final conclusion ofthe aforementionedaction. lbe
PARashallannotateonthebackoftheCLOAthattheawardis notyetfinal untilsuch
time that a final and executory decision has been rendered on the pending
inclusion/exclusion case. This annotation shall be removed by the PARO in his own
instanceuponthetenninationofthesaidcase.
SECTION 60. ARB's Oath Before the Judge. The ARBs who qualifY under the
screeningprocess shall stateunder oathbeforethejudge ofthe city ormunicipal court
that he/she is willing to work on the land to make it productive and to assume the
obligation ofpaying the amortization for the compensation ofthe land as well as the
landtaxes thereonasstipulatedintheApplicationtoPurchaseandFarmer's Undertaking
(APFU). The MARa shall arrange a schedule andtransportation for theARBs to take
thisoathbeforethejudgeorthejudgetogototheplaces oftheARBs.
ARBs in theMasterListwho fuiI orrefuseto executeandsign theAPFUshall begiven
thirty(30) days from the date ofreceiptthereoftosign it. Thefuilure to sign the same
within the said thirty (30) days shall be considereda waiver ofthe right to become an
ARB. Due notice shall be given to the concerned parties stating the consequence of
suchfailure tosignandexecutetheAPFUwithintheprescribedperiod.Suchnoticeshall
beservedtogetherwiththeMasterList.asprovidedinSection55ofthisA.a.
CHAPTER8.LANDACQUISITION
SECTION61. Leaseholders Continue to PayRentals Before COD. For tenanted
lands or lands under leasehold, the ARBs shall continue to pay their lease rentals as
tenants/lessees based ontheirleaseholdcontracts until such time thattheLBP issues a
COD.
SECTION62. CARPVolume.The currentlist ofall lands covered by NOCs and all
remaining unacquired and undistributed landholdings covered under CARP, including
those covered by conversion orders butdeemed to have been reverted into agricultural
lands due to the fuilure ofthe LOs to complywith the conditions thereof, as well as
thosewhichare in theprocess ofacquisition anddistribution orwill beacquired based
on the schedule ofpriorities under Section 7 ofR.A. No. 6657, as amended, shall be
submittedbytheDARPOtotheRODconcernedfor segregation ofthecorresponding
original copyof the CertificatesofTide of all these lands from the regular volumeor files
ofthe Registry, and for the compilation ofthesame in anewseparatevolume (CARP
Volume) until the customarynumber oftitles constitutinga regularvolume is reached.
ThisCARPVolumeshallbetreatedas arestrictedvolume,andanyvoluntarytransaction
onanyofthetides included in this restricted file shallbe subject to clearance in writing
from the PARa.The maintenance ofthe CARP Volume shall be undertaken by the
LRA-CARPpersonnelunderthesupervisionoftheROD.
Any certificate oftide contained in the CARP Volume shall only be returned to the
general/regular file upon proofthat the property covered by said tide is exempted,
26
excluded, or ascertained to be outside CARP coverage. Such proof may be in the form of
a Court Order or DAR Order which has become final and executory.
SECfION 63. Validation and Projections of Landholdings Subject to
Acquisition. Landholdings subject of acquisition shall be validated based on ownership
documents and on the projection by the DAR on DENR land classification maps to
determine whether or not the areas are alienable and disposable.
All projections undertaken by the DARPO on land titles, whether administratively or
judicially (where the survey was based on the cadastral map of the DENR) issued, shall
be confirmed or validated by the DENR-CENRO(PENRO as to the land classification
status of said lands. The projections should be prioritized by the PARO and may be
done even prior to the issuance of NOC.
All projections undertaken by the DARPO on lands covered by judicially issued titles
and whose survey was based on the Private Survey (pSU) Plan of the LRA shall be
confirmed or validated by the LRA that these lands do not overlap with other titled or
decreed properties.
Titles judicially issued prior to 1919 based on Act No. 2874 need not be validated or
confirmed by the DENR-CENRO/PENRO as to their land classification status, as such
lands are classified as alienable and disposable. However, the DARPO, through the
Bureau of Land Development (BLD), shall obtain a Certification from the LRA that the
subject property does not overlap with a titled or decreed property. Such certification
shall include, among others, the Judicial Decree number, date of issuance of Decree,
name of adjudicatee, location, and area.
SECTION 64. Segregation of Overlapping Tides. Such properties that partially
overlap with other titled or decreed properties shall be segregated accordingly during the
conduct of the survey on the landholdings subject of acquisition. The acquisition and
distribution of such landholdings with an area of more than five (5) hectares that either
partially or fully overlap with decreed properties shall continue regardless in whose name
the decree has been issued.
SECfION 65. Survey Activities Before Field Investigation. The conduct of the
survey to determine land use, the segregation of coverable and not coverable areas, and
the subdivision survey shall be undertaken prior to Field Investigation (Fl). The PARO
shall ensure that all field survey activities shall be completed before the conduct of Fl. A
licensed geodetic engineer must participate in the survey.
SECTION 66. Discrepancy in Area or Size. In case the area or size of the
landholding stated in the TCT or OCT is different from that stated in the Tax
Declaration, the area stated in the TCT or OCT shall be controlling and shall be deemed
the correct one.
In cases of untitled private agricultural landholdings, if there is a discrepancy as to the
area or size between the findings on the survey and that in the Tax Declaration, the
results of the survey activities shall be deemed the correct one.
27
SECDON 67. Utilization of LUMD Fund. The Land Use Management and
Development(LUMD) Fundshall bereleasedandutilizedonlyfor CARP coveredlands
with Requisition Survey Services (RSS) approved by the PARO, with a copy thereof
furnished to the BID, pursuant to existing guidelines on requisition, approval, and
monitoringofsurveyservices.
SEctION68.ConductoftheFieldInvestigation.IftheSurveywas conductedprior
to the FIand the MasterListhas alreadybeen finalized, the DARPOshall, within three
(3) days fromtheaccomplishmentoftheSurvey,submitarequestfortheconductofan
FI ofthelandholdingtotheLBP. Attachedto therequestshall bethefmalized Master
ListofARBs, the PLUM,andeithertheASP or,ifthe DARhas notyetbeen furnished
theASPbytheLMS,theAdSP.
TheDARPOshallidentify,notify,andinvitetheW andtheARBs,throughaNotice,to
theconductofthe FI.TheNoticemustbeserved by theMAROno laterthan (15) days
priortothescheduleddate ofthe conductofthe Fl. Proofofservice shall beincluded
in theCF. Thefailure oftheLOorthe identifiedARBtoparticipatein the FI,despite
beingnotified, shall beawaiverontheirparttoquestionthefindings thereof.
The FIshall beaccomplishedtoverify thereportscurrentlycontained in theCFforthe
purpose ofits valuation. It shallbeconducted jointly by the MARO, amemberofthe
BARC, and representatives ofthe LBP. A representative ofthe MWlicipal/Provinciai
AgriculturalOfficeshallbeinvitedifthereis anissueonthesuitabilityofthelandholding
for agriculture. A representative from the DENRCENRO/PENRO shall be invited
wheneverthereis anyissueas to theslope.
Asarule, thereshouldbeatleastthree (3) concretecylindricalmonuments (also referred
toas "Mojon") and/ornaturalbOWldarypointsremainingatthelandholdingatthetime
ofthe saidinvestigation. This is to ensurethatthelandholdingbeinginvestigated is the
same as thatindicated in theAdSP. Insuchcase,theFI may beconductedeven in the
absence ofageodetic engineer. In the event, however, thatthere are less than three (3)
monuments and/ornatural boundary points remainingatthe site, then the FI may not
beconductedunlessitis donewiththeparticipationofalicensedgeodeticengineer.
SECTION 69. Preparntion andTransmittalofthe CF.After the execution ofthe
Field Investigation Report (FIR) and theAPFU, the DARMO shall transmit the CFto
the DARPO. The CF must be submitted within three (3) days after its completion,
which may not be later than fifteen (15) days after the execution ofthe FIR or the
APFU, whichever is later. The PARO shall then endorseand transmit the CF to the
DAR-LBPPre-Processing Unit (pPU). ThePPUshall have three (3) days to verify the
contentsoftheCFafterwhichitshalltransmitthesametotheLBP.
AnAdSPshallbeincluded intheCFin lieu oftheASP,if thesaidASPis theonlyitem
notavailable forthecompletionoftheCF.
TheLBPmay thereafterbeginitsprocessofdeterminingthevalue ofjustcompensation,
onthebasis oftheASP,or,initsabsence,theAdSP.
SECTION70.AcquisitionMayProceedPendingCaseofInclusion/Exclusionof
ARBs. In the eventthe finalization ofthe MasterList ofthe ARBs will necessit'ate the
28
resolution of petitions for inclusion and exclusion of the ARBs therein, the PARO shall
inform the LBP regarding the matter, in which case, the conduct of the subdivision
survey will come after the FI or upon the finalization of the Master List of the ARBs so
as not to delay the land acquisition process. Consequently, the LBP shall proceed with
the preparation and release of the MOV to the PARO.
SECfION 71. Snbmission of the Approved Survey Plan. The PARO shall submit
the ASP to the LBP within three (3) days from its receipt thereof from the LMS. If the
ASP is not different from the AdSP included in the CF, then the LBP may determine the
initial valuation of the covered landholding. If the ASP/ AdSP is different from the
findings in the FIR, a resurvey must be conducted to allow the ASP/ AdSP to conform
with the findings in the FIR
No MOV may be issued by the LBP prior to its receipt of the ASP.
SECTION 72. Valuation by the LBP. The LBP shall determine the initial valuation of
the covered landholding in accordance with Chapter 10 of this A.O., other issuances of
DAR, and LBP's own internal rules. It shall inform the DAR of its initial valuation,
including the computation and factors from which the initial valuation was arrived at, by
submitting to the PARO an MOV. An LVW shall be attached to, and form an integral
part of, the MOV.
Certified true copies of the contents of the CF of the LBP that did not originate from
DAR with respect to the LO of the subject landholding. except internal memoranda and
other documents therein deemed confidential by the LBP, shall be transmitted by the
LBP to the PARO at the same time that it transmits the MOV or within seven (7) days
thereafter. The DAR shall reimburse the LBP for the cost of its reproduction of the said
contents.
SECTION 73. Period to Issue and Serve the Notice ofValuation and Acquisition.
Within three (3) days after the PARO receives the MOV with the 1.VW and the copy of
the abovementioned contents of the CF from the LBP, he/she shall immediately issue
the NLVA attached thereto a copy of the MOV with the LVW, transmit the same to the
MARO, and direct the latter to serve the NLVA and MOV with the LVW to the 1.0
within five (5) days from his receipt thereof, in the manner provided in Section 74
hereof.
The addresses of the IBP and the Provincial Agrarian Reform Adjudicator (pARAD),
Regional Agrarian Reform Adjudicator (RARAD), and the Department of Agrarian
Reform Adjudication Board (DARAB) must be stated in the NLVA.
SECTION 74. Service of NLVA. If the LO was served with the NOC through
personal or substituted service, or, regardless of the type of service, in case the DAR has
already ascertained the address of the 1.0, the NLVA and MOV with the 1.VW shall be
served to the 1.0 by Reg1stered Mail. The reg1stered mail envelope shall be marked
"Deliver to Addressee Only" and "Return to Sender" based on the possibilities that the
1.0 has moved out, address is erroneous or insufficient, or the 1"0 refuses to accept or
receive the mailed NLVA.
29
Iftheaddress oftheLOis unknown despitesubstantialinvestigation bytheDAR,orjf
the registered mail was sent back to the PARO orremained unserved for fifteen (15)
days ormore, thePAROshall effect thepublicationofaNoticein anewspaper locally
circulatingwithin the10c3lity bothwhere the subjectlandholdingis locatedand thelast
known address ofthe LO. TheNotice shall statethe name ofthe LO, the location of
the landholding, the fact thatthe landholding has beenvalued and is to be acquired, a
noticethattheLOmayinspectandobtainacopyoftheNLVAfromthePAROandthe
BLW,and thatthe LO has thirty (30) days from the date ofpublication to acceptor
rejectthevaluation otherwiseitshallbedeemedrejected. TheaddressofthePAROand
theBLADshall beindicatedinthesameNotice.
SECTION 75. NoticeofLandAcquisitionto bePostedattheSiteofthe Land
Holding, the Barangay, and the Municipal/City HaII. A Notice stating that the
landholding is to be acquired by the DAR shall be posted by the MARO, or any
authorized personnel of the DAR, at a conspicuous location at the site of the
landholdingandonthebulletinboardsoftheBarangayHallandtheMunicipal/CityHall
where theland coveredis locatedwithinfive (5) days fromhis receiptofthe same.The
Notice shall state the name oftheW andthe locationofthelandholding. Incase the
circumstances requiring publication in Section 74 hereofis present, the Notice to be
postedshall alsostatethattheLOmayinspectandobtainacopyoftheNLVAfromthe
PARO and theBLAD,and thattheLOhasthirty (30) days fromthedateofpublication
toacceptorrejectthevaluationotherwiseitshall bedeemedrejected.
TheBarangay Secretaryand Municipal!City Administrator, respectively, shall thereupon
issue thecorrespondingCertificationofPostingCompliance.
The failure to post this Notice shall not be a ground for the W to contest the
acquisition process,insofaras he/she/ithas received theNLVAortheNLVAhas been
published.
SECTION76.Acceptance,Rejection,orFailuretoReplybythe1..0.TheLOmust
file awritten letterofacceptance orrejection to thePAROwithin thirty (30) days from
his/herfitsreceiptofthe NLVA, or from the dateof posting, whicheveris later.
The PARO shall, upon acceptance, rejection, or lapse ofthe thirty (30) day period,
submitanoticetotheLBPstatingtheactionoftheLO.
Incasethevaluationwas rejectedbytheW, ortherewas nowrittenletterofacceptance
orrejection filed within the thirty (30) day reglementary period, the valuation shall be
resolved administratively by the DARAB orAdjudicatorconcerned in accordancewith
its rules, withoutprejudiceto therightoftheW to question thevaluation oftheDAR
and LBP with the proper Special Agrarian Coun (SAC). As such, the PARO s l ~
withinthree(3) days fromreceiptoftherejectionletterorfromtheendofthethirty(30)
day reglementary period, advise the DARAB/Adjudicator to conduct administrative
proceedings by transmiting a Certified True Copy ofthe entire contents ofthe CF,
togetherwitheitheracopyoftherejectionletteroraMemorandumstatingthatnoreply
was received from theW within thethirty (30) day period,whicheveris applicable, to
the appropriate Adjudicator or the DARAB, indicating in a transmittal letter that the
valuationhasbeenrejectedbytheLO.
30
SECTION 77. Transmittal of the Order to Deposit Landowner Compensation.
The PARa shall, at the same day of its transmittal of the NLVA to the MARa
concerned, transmit its Order to Deposit Landowner's Compensation to the LBP. The
delay of the posting of the Notice provided by Section 75 of this A.a. shall not suspend
the transmittal of the Order to Deposit Landowner's Compensation to the LBP and any
other procedure hereof.
SECTION 78. Service of the COD and Request for Registration. The LBP shall
issue to the PARa a COD upon its receipt of the Order to Deposit Landowner's
Compensation. Within ten (10) days from the PARa's receipt from the LBP of a copy
of the COD, he/she shall immediately transmit the COD, together with a copy of the
ASP and a written request for the issuance of a TCT in the name of the Republic of the
Philippines (RP Title), to the ROD.
SECTION 79. Withdrawal of Deposited Amount for Land Compensation. In cases
of rejection, Las may withdraw the original value of the landholding as determined by
the DAR and LBP per MOV, subject to their submission of the requirements for
payment. The withdrawal of the value by the La shall not automatically terminate the
adjudication of the just compensation case pending with the appropriate Adjudicator or
theDARAB.
When the La later accepts the original value or subsequent value as recomputed by the
LBP based on existing valuation guidelines, the mere filing of a manifestation by the LO
regarding the acceptance of the original value or of a joint manifestation by the LO and
the LBP on the recomputed value with the Adjudicator or DARAB shall automatically
terminate the just compensation case pending thereat.
SECTION SO. Just Compensation from AgJarian Refonn Fund Only. The just
compensation of the LO shall be drawn solely from the Agrarian Reform Fund. It shall
not be drawn from or executed against the general funds and/or assets of the LBP.
SECTION 81. DAR Possession Upon Issuance of COD. As a general rule, the DAR
shall take immediate possession of a landholding upon the issuance of a COD by the
LBP, and shall thereafter immediately proceed with the distribution process to the
qualified ARBs of the landholding pursuant to Section 16 of R_I\. No. 6657, as amended.
SECTION 82. ROD's Duty to Issue RP Title Upon Receipt of COD. Upon receipt
of the PARa's request for the issuance of an RP Title, the ROD shall immediately issue
the RP title for the CARP covered area and a separate title to the retention and non-
coverable area in the name of the LO.
SECTION 83. Accelerated ALI Case Resolution for Pipeline Cases.
Notwithstanding the pendency of an AIl case involving a landholding included in the
CARPER balance, its acquisition and distribution shall continue. If there is an ALI or
DARAB case involving said land and its pendency is prejudicial to the acquisition or
distribution process, the PARO shall recommend to the Regional Director, if the case is
pending with him, or to the Head Executive Assistant of the Office of the Secretary, if
the case is pending with the Office of the Secretary, the Legal Affairs Office, the
DARAB, or the Center for Land Use Policy, Planning, and Implementation, as the case
may be, that the case be certified as urgent and its resolution be accelerated.
31
CHAPTER 9. LAND VALUATION AND
LANDOWNER COMPENSATION
SE<"'TION 84. Just Compensation. The compensation for lands covered under R.A.
No. 6657, as amended, shall be: a) the amount determined in accordance with the criteria
provided for in Section 17 of the said law and existing guidelines on land valuation; or b)
the value based on the order of the DARAB or the regular court, which has become final
and executory.
SECTION 85. Formula for Valuation. The basic fonnula for the valuation of lands
covered by VOS or CA shall be:
LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
Where: LV Land Value
CNI' = Capita1ized Net Income (based on
land use and productivity)
cs
2
= Comparable Sales (based on fair
market value equivalent to 70% of
BIR Zonal Value)
MV' = Market Value per Tax Declaration
(based on Goverrunent assessment)
The CS factor refers to the Market Data Approach under the standard appraisal
approaches which is based primarily on the principle of substitution where a prudent
idividual will pay no more for a property than it would cost to purchase a comparable
substitute property. This factor is determined by the use of 70% of the BIR zonal
valuation.
The CNI factor, on the other hand, refers to the Income Capitalization Approach under
the standard appraisal approaches which is considered the most applicable valuation
technique for income-producing properties such as agriculatural landholdings. Under
this approach, the value of the land is determined by taking the sum of the net present
value of the streams of income, in perpetuity, that willbe forgone by the LO due to the
coverage of his landholding under CARP.
The MV factor is equivalent to the Market Data Approach, except that this is intended
for taxation purposes only.
I Factors enumerated in Section 17 of RA such as, the actual use and income are considered
inthe determination of the CNI of a particular landholding.
2 Factors. such as, the cost of acquisition of the 1snd, the cwrent value of like properties, loans secured
from any government financing institution and seventy percent (70%) of the zonal valuation of the Bureau
of Internal Revenue are considered as the CS sub-&ctots.
3 Onthe other hand, factors, such as, the tas dec1aratuions and assessment madeby government assessors
wete considered inthe determination of the MY filctor.
32
Valuationcases:
a. Ifthreefactors arepresent
WhentheCNI,CS andMY arepresent,thefonnulashall be:
LV = (CNIx0.60) + (CS x0.30) + (MV x0.10)
b. Iftwofactors arepresent
b.1) WhentheCS factoris notpresentandCNIandMY
areapplicable,thefonnulashallbe:
LV = (CNIx0.90) + (MV x0.10)
b.2) WhentheCNIfactoris notpresent,andCSandMY
areapplicable,thefonnulashallbe:
LV = (CSx0.90) + (MV x0.10)
c. Ifonlyonefactoris present
When both the CS and CNI are not present and only MV is
applicable,thefonnulashallbe:
LV = MVx2
Innocaseshallthevalueofidlelandusingthefonnula(MV x 2)
exceed the lowest value ofland within the same Estate under
consideration or within the same barangay, municipality, or
province(inthatorder) approvedbytheLBPwithin one(1) year
fromreceiptoftheCF.
SECTION86. Determination of Annual Gross Production. In thedeterminationof
theAnnual GrossProduction (AGP), Selling Price (SP), andCostofOperation (CO) to
beusedinthedeterminationoftheCNIfactor, theauditedfinancialstatementfiledwith
the BureauofInternalRevenue (BIR) shall be obtained by the DARMO from theLO
fifteen (IS) dayspriortothedateofFl.IftheW fails tosubmitthesame,theDARand
the LBP may adopt applicable industry data or, in the absence thereof, conduct an
industrystudyonthespecificcropconcerned.
SECTION87. Lands Awarded to Preferred Beneficiaries, Non-Compensable. In
the detennination of the just compensation, the area to be awarded to preferred
beneficiariesshallnotbeincluded. The LOshallnotbecompensatedfortheportionof
thelandtobeawardedtothepreferredbeneficiaries.
33
SECfION88. PendingLandValuationCases.All previously acquired lands where
valuation is subjecttochallengebyLasshall becompletedandfinally resolvedpursuant
toSection 17ofR.A.No.6657,as amended.
SECfION 89. Additional S% Cashfor VOS.LOs, other than banks and financial
institutions, who voluntarily offertheir lands for sale, shall be entitled to an additional
fivepercent(5%) cashpayment.
SECfION90. WhomtoPayifSubjectLandis Transfened.Forlandholdingswhich
were conveyedandthereafterregistered aftertheeffectivityofR.A. No.6657, theLBP
mayconsiderthetransfereeas thepayee,providedthatthetransferis validandproofof
thetransferis presented.
Subject to the rules in A.a. No. 05, Series of2006 and other pertinent A.O.s, for
transfers made not in accordance with A.a. No. 01, Series of 1989, the Deed of
Conveyance shall be treated as a Deed ofAssignment to the proceeds from the just
compensation,forpurposesofthereleaseofpayment.
CHAPTER10. LANDDISTRIBUTION
SECfION 9L Agreement asto theAllocation ofAwarded Lands. The qualified
beneficiaries mayagree amongthemselves as to howthe land shall beallocated to each
ofthem. Theagreementmustbesignedbyall thequalifiedbeneficiaries.
Ifno agreement is made, the equitable allocation ofthe land shall be observed in the
mannerprovidedbySections92, 93, 94, and95ofthisA.O.
SECTION92. Three(3) Hectares to RegularFarmworkers andTenants. Unless
an agreementamongthe qualified beneficiaries to the contraryis made, only after the
agricultural lessees, tenants,andregularfarmworkers, have each been awarded three (3)
hectares pursuantto Section 22ofR.A. No.6657, as amended,shallthe otherqualified
beneficiaries such as seasonal farmworkers, otherfarmworkers, actual tillers/occupants
ofpublic lands (onlyinsofaras untitledprivateagricuiturallandholdings are concerned),
andothersdirectlyworkingontheland,beaccommodated.
SECfION 93. Allocation ofAwarded Lands.The equitable allocation ofthe land
shallbeobservedinthefollowingmanner:
a. Landholdings covered by CARP shall be allocated first to agricultural
lessees, tenants,andregularfannworkers ofthesame landholdingupto
a maximum ofthree (3) hectares each. In case the landholding is not
sufficient to award each agricultural lessee, tenant, and regular farm
worker three (3) hectares each, it shall be distributed in the manner
providedinSection94ofthis A.O.
b. After complying with the three (3)-hectare allocation requirement for
lessees,tenants,andregularfarmworkers,as thecasemaybe,theMARO
shall determine the remainingarea left for distribution to seasonal farm
34
workers, other arm workers, actual tillers or occupants ofpublic lands,
and others directly working on the land, in the manner provided by
Section95 ofthisAO.
c. Excess areas, if any, after the allocation mentioned in the preceding
paragraph shall be awarded to collectives or cooperatives ofthe above
beneficiaries. However, the tenants/lessees in such excess areas shall be
givenareasonabletimetoharvesttheproduceofhis/hercrop,subjectto
therules onstandingcrops.
In cases, however,wherethereare preferredbeneficiaries approveduponnominationof
theLa, each preferredbeneficiary may selecta contiguousandcompactarea, no larger
thanthree (3) hectares,tobeallocatedto thempriortodeterminingtheallocation forthe
ARBs, provided thatin no case may the distribution oflands to preferred beneficiaries
deprive each ofthe agricultural lessees and tenants ofbeingawarded the portion ofthe
landholdingtheyareactuallytenanting/leasing,whichinnocaseshall bemorethan three
(3) hectares.
SECTION 94. If Land Not Enough for Agricultural Lessees, Tenants, and
RegularFarmworkers. In cases where the land area is not enough to meet the three
(3)-hectareawardceilingforeachagriculturallessee, tenant,andregularfurmworkers ina
particular landholding, then the landholding shall be divided equally among them,
provided that in no case may the allocation oflands deprive each ofthe agricultural
lessees and tenants ofbeing awarded the portion ofthe landholding they are actually
tenanting/leasing,which in no case shall bemorethanthree (3) hectares. However, in
the extreme cases that the land area is not enough to provide all them one thousand
(1,000) square meters each, the names ofthe said agriculturallessee, tenant,and regular
farmworkers shall be listed from the ARB who has leased/served the most aggregate
time to him/herwho has leased/served least. Each ARB shall, thereafter, be awarded
one thousand (1,000) square meters each startingfrom thepersonat thetop ofthe list,
until thearearemainingis less thanonethousand (1,000) square meters. Theremaining
land area, if any, shall then be distributed equally among those who received one
thousand(1,000) squaremeterseach.
Other qualified beneficiaries under Section 22 ofR.A No. 6657, as amended, who are
displacedafterthe distribution ofall availablelandtotenants/lessees,maystillqualifyas
ARBs in otherlandscoveredundertheCARP.
SECTION95. Allocation ofSeasonalFannworkers, Other Farmworkers, Actual
Tillers or Occupants ofPublic Lands, and Others Directly Working On The
Land. The remaining land shall be allocated to the seasonal farmworkers, other
farmworkers, actual tillers oroccupants ofpublic lands, and others directlyworkingon
thelandinthefollowingmanner.
(a) The remaining area shall be distributed equally among seasonal
farmworkers, but in no case shall each be awarded more than three (3)
hectares each. Inthe extreme cases that the land area is not enough to
provide all the seasonal funnworkers one thousand (1,000) square meters
each, the names 0 fthe said seasonalfannworkers shall be listed from the
farmworkerwho has servedthemostaggregate time to him/herwho has
35
served least Each seasonal fannworker shallthereafter, beawarded one
thousand(1,000) squaremeters eachstlrtingfromthepersonatthetopof
!he list, until the area remwingis less than one thousand (1,000) square
meters. The remainingland area, ifany, shall !hen be distributed equally
amongthosewhoreceivedone!housand(1,000) squaremeterseach.
(b) Ifafterall the seasonalfarrnworkers have beenallocated three (3) hectares
eachtherestillremwsalandarea,oriftherearenoseasonalfarmworkers,
itshall bedistributedequallyamong!heotherfarmworkers, butinnocase
shall each beawardedmore than !hree (3) hectares each. In the extreme
cases thatthelandareais notenoughto provideall theotherfarmworkers
one thousand (1,000) square meters each, the names ofthe said other
fannworkers shallbe listedfromthehmnworkerwhohas servedthemost
aggregate time to him/her who has served least. Each ofthe other
fannworkers shall, thereafter, be awarded one thousand (1,000) square
meters each starting /Tom the person at!hetopof!he list, until the area
remainingis less thanonethousand(1,000) squaremeters. The remaining
land area, if any, shall then be distributed equally among those who
receivedonethousand(1,000) squaremeterseach.
(c) Ifafterall the otherfurmworkers have been allocated three (3) hectares
each there still remains a land area, and jfthe landholdingis an untitled
private agricultural land, it shall be distributed equally among the actual
tillers or occupants ofthat public land, but in no case shall each be
awardedmorethan three (3) hectares each. In theextremecases thatthe
land area is not enough to provide all the aetual tiller/occupant one
thousand (1,000) square meters each, !he names of the said actual
tiller/occupant shall be listed from the actual tiller/occupant who has
tilled/occupiedthesaidlandthemostaggregate timetohim/herwhohas
tilled/occupiedleast Each oftheactual tiller/occupantshall, thereafter,
be awarded one thousand (1,000) square meters each starting from the
person at the top ofthe list, until the area remaining is less than one
thousand (1,000) square meters. The remaining land area, ifany, shall
then be distributed equally among those who received one thousand
(1,000) squaremeterseach.
(d) Finally, ifafterall the actualtiller/occupanthave beenallocated three (3)
hectares each there still remains aland area, orifthe landholdingis not
an untitled private agricultural land, it shall be distributedequally among
the otherpersons directlyworkingontheland, butin no case shall each
beawarded morethan three (3) hectares each. In the extremecases that
the land area is not enough to provide all these other persons one
thousand (1,000) square meters each, the names ofthese other persons
shall be listed from him/herwho has worked the said land the most
aggregate time to him/herwho has worked least. Each ofthe actual
tiller/occupantshall, thereafter, beawardedone thousand (1,000) square
meters each startingfrom the person atthe topofthelist, until the area
remaining is less than one thousand (1,000) square meters. The
remaininglandarea,if any, shall thenbedistributedequallyamongthose
whoreceivedonethousand(1,000) squaremeterseach.
36
SECTION 96. Award of CLOA. In general, the land awarded to an ARB should be
under an individual CLOA-title coveringone (1) contiguous traet or several parcels of
landcumulateduptoama.mumofthree (3) hectares.
Qualified beneficiaries may opt for collective ownership, through a co-workers or
farmers' cooperative/association orsome otherform ofcollective organization, for the
issuance ofcollective ownership titles: Provided,Thatthetotal areato be awarded shall
notexceed thetotal number ofco-owners ormembers ofthe cooperative orcollective
organization multiplied by the award limit ofthree (3) hectares, except in meritorious
cases as may be determinedbythe PARC, andprovidedfurtherthatthe conditions for
thegrantofcollective CLOAsunderthisA.O.aremet.
Under collective ownership, a collective CWAto the property shall be issued in the
names ofthe co-owners,whomay forma farmers' cooperative/association orcollective
organization.If theCWAsareissuedcollectively,thenamesofallthebeneficiaries must
belistedin theCLOA.Ifthesubjectlandis legallytransferred,thetransferee,ifqualified,
can be substituted as beneficiary ofthe individual CLOA upon the approval ofthe
PARO.
Collective CLOAsmaybeissuedunderthefollowinginstances:
1. The current farm managementsystem ofthe land covered by CARP is
not appropriate for either individual farming or division of the
landholdingintofarm parcels;
11. The farm labor system is specialized, where the farmworkers are
organiZed by functions such as spraying, weeding, packing, and other
similaractivities,and notbyspecificparcels;
lll. The potential beneficiaries are currently not farming individual parcels
butcollectivelyworkingonlargecontiguousareas;and
lV. The farm consists of multiple crops being farmed in an integrated
manner,orincludes non-eropproductionareas thatare necessaryforthe
viability offarm operations, such as packing plants, storage areas, dikes,
and other similar facilities that cannot be subdivided or assigned to
individualfanners.
The names ofthe ARBs sharing a collective CWAissued in the name ofa farmers'
cooperative/association or collective organization shall be listed at the back thereof.
Those listed shall be deemed as the owners ofthe landholding covered by the said
collectiveCLOA.
SECTION 97. Collective Ownership of Idle, Abandoned, or Undeveloped Land.
Foridleandabandonedlandsorundevelopedagriculturallands tobecoveredbyCARP,
collective ownership shallbeallowed onlyif thebeneficiaries optforitandin casethere
is a clear developmentplan that would require collective farming or integrated farm
operationsexhibitingtheconditionsdescribedin Section96ofthis AD. Otherwise,such
lands awarded to ARBs should be under individual CLOAs/titles, covering one (1)
37
contiguous tract or several parcels ofland cumulated up to a maximum ofthree (3)
hectares.
SECfION98. PeriodtoSelectTypeofCLOA.With respecttoARBswho may opt
for collective CLOAs under Section 96 and 97 of this AO., the ARB must file a
manifestation to the PARa as to whether he/she opts for an individual CLOA or a
collectiveonewithinanon-extendibleperiodoffifteen (15) days fromthepostingofthe
MasterListof ARBs.
Thefailure tofile saidmanifestationwithinthis fifteen (15)-dayreglementaryperiodshall
be construed as awaiver ofthe right to choose, and theARB shall be deemed to have
optedforan IndividualCLOA
SECTION 99. SpecificationofActualArea to beAwarded.After theARBs have
decidedwhethertheywantedto beawarded an individualCLOAoracollective one,the
MARO shall allocate theactual portion ofthe landholdingto be awarded to the ARBs.
In allocatingthearea, theMARashall decide in accordancewith the preference ofthe
ARBs,subjecttothefollowingfactors inthefollowingorder.
1. The area ofthe individual ARBs sharing a collective CLOA shall be
adjacentandcontiguouswitheachother;
lJ. TheareatenantedbyanARBshall bethatawardedtohim/her.
SECfION100. Usufructuary RightofARBs. Notwithstanding Section 108 ofthis
AO., the ARBs have the rightofusufructovertheland from thetime the DARtakes
constructiveoractualpossessionofthesameuntiltheawardofaCLOA.
PendingtheawardoftheCLOAand for thepurposeofestablishingusufructuaryrights,
the DAR, upon issuance ofthe COD and upon actual possession ofthe land, shall
immediately informtheARBs thattheyhavebeenidentified and qualified to receive the
land.
SECTION 101. Labor-Related Issues not a Deterrence to the Acquisition and
Distribution of Iandholding. The existence oflabor-related issues between the l.0
and the f.urnworkers, including questions onownership ofthe subjectlandholdingand
payment of just compensation, shall in no case deter or delay the process ofland
acquisitionanddistribution.
SECTION 102. When Other Rights and Obligation ofARBs Commence. The
rights oftheARBs,otherthantheusufructuryrightsprovidedin Section100hereof,and
theirresponsibilities shall commence from their receipt ofa certified true copy ofthe
duly registered Certificate of Land Ownership Award (CLOA) and actual physical
possessionoftheawardedproperty.Thefollowingaretheobligations ofARBs:
a. AllARBs shall exercise diligencein the use, cultivation,and maintenance
ofthe land, including the improvements thereon. Negligence, misuse, or
unauthorized sale ofthe land ormisuse ofany supportextended to an
ARBshall beagroundfortheforfeiture ofone'srightas anARB.
38
b. Amortization payments shall commence one (1) year from the date of
actual occupancyoftheARB,providedthattheCWAhas alreadybeen
registered. Subject to existing rules on computation ofamortization
based on the principle ofaffordability and provision for government
subsidy, ARBs shall have the obligation to pay the LBP in thirty (30)
annual amortizationswithinterestatsixpercent (6%) perannum, unless
the ARB opts to accelerate payment. Amortizations shall not include
interestdue forthedelayinpaymentofjustcompensationto theLOs.
c. ARBs shallhavetheobligationtopaytherealpropertytaxes dueontheir
awardedlands.
Furthermore, hnds awarded to ARBs under this Act may not be sold, transferred, or
conveyed,exceptthroughhereditlrysuccession ortotheGovernment,ortotheLBP,or
to other qualified beneficiaries within a period of ten (10) years and while the
amortizationpaymentshaveyettobefully paid;provided,however,thatthe children or
the spouse of the transferor shall have a right to repurchase the land from the
governmentortheLBPwithinaperiodoftwo (2) years fromthedateoftransfer.
SECfION 103. Real Property Tax Liability of ARB Cooperative. The ARB
Cooperative/Association may assume the responsibility ofpaying the local government
unit (LGU) the real propertytax (RPT) dueon collectivelyawarded land, subjecttothe
provisionsoftheCooperativeCodeofthePhilippines.
SECfION 104. Facilities for Common Use and Award. Land improvements and
facilities that are not property ofpublic dominion, such as private roads and bridges,
warehouses, and the like, which are for common use and benefit as may be defined by
DAR, shall be transferred to all ofthe ARBs in the landholding through a Farmers'
Association or Cooperative, or in the absence thereof, through co-ownership, and
equallysharedpaymentscoveredundereitherindividualorcollectivelandamortizations,
as thecasemaybe.
SECfION 105. Award to Qualified SpOUlleS. Agrinuturallessees andtenants, regular
farmworkers, and other qualified beneficiaries such as seasonal farmworkers, other
fannworkers, actual tillers/occupants ofpublic lands (only insofar as untided private
agricultural hndholdings are concerned), members ofcollectives orcooperatives ofthe
above beneficiaries, and others directlyworkingonthelandwhoare husband andwife
may be entidedto three (3) hectares each, provided thatthey qualify as ARBs in their
own individual right and that theirrespective vested rights to the land have been duly
established.A separateCLOAshallbeissuedtoeachspousein suchcases.
For legally married spouses, the names ofboth husband and wife shall appear in the
CLOA and shall be preceded by the word "spouses". Should the couple qualify as
individualARBs, theirnames shallberegisteredinthetide,towitJuanmarriedtoMaria
orMaria married toJuanto indicate thatthe first name is theawardee. Inthe case ofa
common-lawrelationship, the names ofbothparties shall likewise appearin the CLOA
with the conjunctiveword "and" betweentheirnames. Should they likewise qualifyas
individualARBs, theirnames shall be registeredwithouttheother.Thesame provisions
shallapplyincaseswherethemarriedARBs orARBs in acommon-lawrelationship are
39
covered by a collective/co-ownersbipCLOAandtheirnames are annotatedattheback
ofthesaid CLOA.
Forpurposesof ARBinventoryandreporting,spousesorpartieswhosenames appearin
asingleCLOAshall becountedas oneARB.
SECTION 106. Ministerial Duty of ROD in CARP Implementation. It is the
ministerialdutyof theRODtu:
1. Issuethetitle oftheland in the nameofthe Republic ofthePhilippines,
aftertheLBPhascertifiedthattheclaimproceedshavebeendepositedin
the name ofthe LO constituting full paymentin cash and bonds, with
duenoticetotheLO;
2. RegistertheCLOAgeneratedbyDAR;
3. Cancelprevious titles pertainingthereto;and
4. IssuetitlefortheLa'sretainedareaandothernon-CARPableareas.
SECTION 107. Repository ofRegistered CLOAs. AU registered UDAs shall be
released by theRODto theLBPas the mortgagee financing institution. The LBP shall
provide two (2) sets of certified true copies of the CLOA, closely simulating the
appearance, color, and paper ofthe same, tu the PARO. The PARa shall thereafter
transmitonesetofthecopies tutheARBswithin fifteen (15) days fromhis/herreceipt
oftheCLOAs.TheLBP shallbetheresponsible repository ofthe encumberedCLOAs
until the time oftheir release tu the concerned ARBs upon full payment ofthe land
amortization,andthecancellationoftheencumbrance.
CHAPTERU. INSTAllATIONOFAGRARIANREFORM
BENEFICIARIESONAWARDEDLANDS
SECTION 108. ARB's Right ofPossession. As owner/s ofawarded lands under
CARP,theARB/sshall take possessionofthe landcoveredbyhis/her/theirtitles from
thetimethesameis awarded to themthrougharegisteredCLOA.
SECTION109.Writof Instal1ation. Incasetakingpossessionoftheawardedlandby
theARBswouldimperilorendangertheirlives,the DARshallassumeresponsibilityfor
the installation ofthe ARB/s on the subject land with the assistance ofthe police or
militaryuntiltheyaresettledandinconstructiveandphysicalcontroloftheproperty.
Inpursuance ofthis mandate, the PARamayissue a WritofInstallation directingthe
Sheriff ofthePARAD orthe RARADwhohas jurisdiction overthelandholding,alone
orwith the assistance ofthe police ormilitllry, to conduct all necessary lawful acts to
physicallyinstalltheARB/sonthesubjectlandholding.
Incasetheinstallation activitieswouldnecessitatetheprovisionof policeand/ormilitllry
forces to assist the Sheriff, the PARO shall coordinate the said activities with the
40
Department of National Defense-Armed Forces of the Philippines (DND-AFP) and the
Department of Interior and Local Government-Philippine National Police (DILG-PNP),
pursuant to the existing guidelines per Memorandum of Agreement executed by th:
DAR, Department of Interior and Local Government (DILG), and Department ot
National Defense (DND).
SECTION 110. Continuing Responsibility. The DAR, in cooperation with the AFP,
PNP, and/or the LGU, shall ensure that installed ARBs shall continue to enjoy their
right of ownership and possession over the lands awarded to them. ARBs may seek
assistance from the DAR when they are facing threats, harassment, or ejection attempts
by the LO or other parties. Assistance shall include, among others, the duty of the DAR
to assist ARBs in reporting these cases to the police and the military, and the ftling of the
appropriate legal action against those responsible, if warranted. If dispossessed, the
ARBs must be given assistance so that they can re-occupy their land.
SECfION 111. Harassment of ARBs. In the event the former ill harasses or
threatens the ARB/ s installed by the DAR, the affected ARB/ s shall immediately report
the matter to the concerned PNP and the DAR The ARBs should be assisted by the
DAR Regional/Provincial Legal Division, Public Attorney's Offtce (FAO), and the
Office of the City/Provincial Prosecutors.
In the event that ARBs are driven out of the land against their will, the said ARBs shall
take the initiative in ftling a criminal case against the perpetrator, with the DAR
providing legal assistance. The affected ARBs shall be re-installed notwithstanding the
pendency and result of the case filed against the perpetrator conformably with A.O. No.
4, Series of 201 O.
SECfION 112. ObstnJction of Landowner. If the former LO deliberately acts to
delay, stall, or obstruct the installation of the ARBs, the DAR shall initiate a criminal case
against him/her for violation of Section 73 (d) of RA. No. 6657, as amended, without
prejudice to any other case that may be filed by any other person. Moreover, the DAR
shall ask that the LO be held liable by the Court for actual, compensatory, and moral
damages suffered by the ARB/s.
SECfION 113. DAR Referral to DO}. In cases of failed installation and/or
dispossession of fIBs due to LO harassment, the DAR may refer the matter to the DO]
for the proper investigation of possible violation of Section 73 of RA. No. 6657, as
amended.
SECTION 114. Protective Injunction Order. The RD and the DAR Secretary, motu
proprio, can grant a protective injunction order within two (2) years from the issuance of
the CLOA to preserve the covered lands and ensure the peaceful and effective
ownership of the ARBs. A protective injunction order may be a mandatory one to enjoin
the performance of a ministerial duty sanctioned by the laws or prohibitory in nature to
refrain the doing of an act that is detrimental to the rights of the parties in an agrarian
controversy. The failure to comply with such an order is punishable as an obstruction to
CARP implementation under Section 73 of RA. No. 6657, as amended.
41
CHAPTER12. FINALPROVISIONS
SECTION 115. Power ofSecretaryto Suspendthe Rules. In order to serve and
protect the interest of CARP implementation and justice, the DAR Secretary may
suspendtherules embodiedin thisA.O.
SECTION 116. TransitoryProvision. The DARshall notbe required to serve new
NOCs to illsproperlyservedwith suchpriorto the effectivityofthese Rules. Those
LOsshall beboundbytheperiodsto exerciserightsstatedin theappropriateAO.
Within thirty (30) days from the effectivity ofthese Rules, the MARO shall makc an
inventory ofall NOespreviouslysent butnotreceived by the ills.NewNOCs shall
thenbesenttotheseLOsimmediately,in accordancewiththeseRules.
SECTION 117. Repealing Clause. All A.O.s inconsistent herewith are hereby
accordinglyrepealed,modified,and!oramended.
SECTION 118. Separability Clause. Any judicial pronouncement declaring as
unconstitutional any provision ofthis A.O. shall have no effect on the validity ofthe
otherprovisions notaffectedthereby.
SECTION119. EffectivityClause.TheseRules shalltake effectten (to) days afterits
publication intwo (2) newspapersofgeneralcirculation.
Diliman,QuezonCity, gO.m'Uf.
Published in two (2) National Newspepers
of general Circulations:
1. Manila Times
2. Malaya
Date of Publication - October 5. 2011
Departmenl 01 Agrarian Reform
rnlice o ~ SsClel81j
II/ ~ 1/II/IIIII/II/II/111111111111111111111
AO-l1-04n94
42
Republic of the Philippines
DEPARTMENTof AGRARIAN REFORM
CERTIFICATION
This is to certify that DAR Administrative Order No.7, Series of 2011 entitled
"REVISED RULES AND PROCEDURES GOVERNING THE ACQUISITION
AND DISTRIBUTION OF PRIVATE AGRICULTURAL LANDS UNDER
REPUBLIC ACT (R.A.) NO. 6657, AS AMENDED" is published today, Wednesday,
05 October 20 II at Manila Times and Malaya newspapers.
Issued this S1h day of October 2011 for whatever pmpose it may selVe.
Elliotical Road, Diliman, Quezon City Tel. (632) 928-7031 to 39

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