RepubHc of the PhilippinesDEPARTMENT of AGRARIAN REFORM

ADMJ~U~TRATIVE ORDERNo. (J;L;Series of 2009

SUBJECT: RULES AND PROCEDURES GOVERNING THE ACQUISITION ANDDISTRIBUTION OF AGRICULTURAL LANDS UNDER REPUBLIC ACT(R.A.) NO. 6657, AS AMENDED BY RA. NO. 9700

I. PREFATORY STATEMENT

Republic Act (R.A.) No. 9700, which amends R.A. No. 6657, provides for, amongothers, the continuing acquisition and distribution of agricultural lands coveredunder the Comprehensive Agrarian Reform Program (CARP) for a period of five(5) years under various phases, and the simultaneous provision of supportservices and the delivery of agrarian justice to Agrarian Reform Beneficiaries(ARBs). It further provides that after June 30, 2009, the modes of acquisitionshall be limited to voluntary offer to sell (VaS) and compulsory acquisition (CA)and that voluntary land transfer (VLT) shall be allowed only for landholdingssubmitted for VLT as of June 30,2009.

The agrarian reform program is founded on the right of farmers and regularfarmworkers, who are landless, to own directly or collectively the lands they till or,in the case of other farmworkers, to receive a just share of the fruits thereof. Tothis end, the State shall encourage and undertake the just distribution of allagricultural lands, subject to the priorities and retention limits set forth under R.ANo. 6657, as amended, taking into account ecological, developmental, and equityconsiderations, and subject to the payment of just compensation. Owners ofagricultural land have the obligation to cultivate directly or through laboradministration the lands they own and thereby make the land productive.

The principles of agrarian reform or stewardship shall be in accordance with lawin the disposition or utilization of other natural resources, including lands of thepublic domain, under lease or concession, suitable to agriculture, subject to priorrights, homestead rights of small settlers and the rights of indigenouscommunities to their ancestral lands.

To ensure the completion of land acquisition and distribution within theprescribed period, the following rules and procedures are hereby promulgated.

II. COVERAGE

These rutes and regulations shall govern the acquisition and distribution of allagricultural lands yet to be acquired and/or to be distributed under the CARP inaccordance with R.A No. 6657, as amended by R.A. No. 9700.

III. DEFINITION OF TERMS

1. Landless Beneficiary is any farmer/tiller who owns less than three (3)hectares of agricultural land.

Elliptical Road, DiUrnan, Quezon City • Tel. (632) 928-7031 to 39

2. Share Tenant refers to a person who himself and with the aid availablefrom within his Immediate farm household, cultivates the land belonging toor possessed by another with the latter's consent, for purposes ofproduction, sharing the produce with the landholder under the sharetenancy system, or paying the landholder a price certain or ascertainablein produce or in money or both, under the leasehold tenancy system. Thisarrangement has been abolished by RA No. 3844, as amended, whichautomatically converted the relations under leasehold.

3. Agricultural lessee refers to a person who, by himself and with the aidavailable from within his immediate farm household, cultivates the land,belonging to or lawfully possessed by another, with the latter's consent forpurposes of agricultural production, for a price certain in money or inproduce or both. It is distinguished from civil lessee as understood in theCivil Code of the Philippines.

4. Farmworker refers to a natural person who renders service for value asan employee or laborer in an agricultural enterprise or farm regardless ofwhether his/her compensation is paid on a daily, weekly, monthly or"pakyaw" basis. The term includes an individual whose work has ceasedas a consequence of, or in connection with, a pending agrarian or labordispute and who has not obtained a substantially equivalent and regularfarm employment.

5. Regular Farmworker refers to a natural person who is consideredemployed on a permanent basis by a landowner engaged in anagricultural enterprise or farm.

6.

7.

8.

9.

10.

Seasonal farmworker refers to a natural person who is employed on arecurrent, periodic or intermittent basis by an agricultural enterprise orfarm, whether as a permanent or a non-permanent laborer, such as"dumaan", "sacada", and the like.

Other farmworkers refer to farmworkers who do not fall under Items 5and 6 of this Section.

Cooperatives refer to organizations composed primarily of smallagriCUltural producers, farmers, farmworkers, or other agrarian reformbeneficiaries who voluntarily organize themselves for the purpose ofpooling land, human, technological, financial or other economic resources,and operate on the principle of one member, one vote. A juridical personmay be a member of a cooperative, with the same rights and duties as anatural person.

Substantially Equivalent and Regular Employment means anyemployment or profession from which the applicant farmer derives incomeequivalent to the income of a regular farmworker at the time of ARBidentification, screening and selection.

Agrarian Dispute refers to any controversy relating to tenurialarrangements, whether leasehold, tenancy, stewardship, or otherwise,over lands devoted to agriculture, including disputes concerningfarmworkers' associations, or representation of persons in negotiating,fixing, maintaining, changing or seeking to arrange terms and conditions ofsuch tenurial arrangements.

2

It includes any controversy relating to compensation of lands acquiredunder RA No. 6657 and other terms and conditions of transfer ofownership from landowners to farmworkers, tenants and other ARBs,whether the disputants stand in proximate relation of farm operator andbeneficiary, landowner and tenant, or lessor and lessee.

11. Usufruct refers to a real right conferred on the beneficiary/usufructuary toenjoy the fruits of the property of another with the obligation of preservingits form, substance, and productivity.

12. Direct Management in so far as preferred beneficiaries are concerned,refers to the cultivation of the land through personal supervision under thesystem of labor administration. It shall be interpreted along the lines offarm management as an actual major activity being performed by thelandowner's child from which he/she derives his/her primary source ofIncome.

13. Newspaper of General Circulation refers to newspaper or publication ofgeneral circulation, which may be national or local to where the property islocated.

14. Award is the conferment of Certificate of Land Ownership Award (CLOA)title to qualified agrarian reform beneficiaries.

IV. STATEMENT OF POLICIES

A. NOTICE OF COVERAGE

1. The acquisition and distribution of agricultural lands under CARP shallbe completed by June 30, 2014. However, the process of acquisition anddistribution for landholdings which were issued with Notices of Coverage(NOCs) on or before June 30, 2014 shall continue even after June 30,2014 until the said lands have been awarded to qualified beneficiaries.

2. The schedule of the acquisition and distribution of lands covered byCARP shall be as follows:

2.1

2.2

2.3

24

All landholdings of landowners owning more than twenty four (24)hectares which have been issued Notices of Coverage (NOCs) asof December 10, 2008, shall be subject to immediate acquisitionand distribution under compulsory acqUisition and shall becompleted by June 30, 2012. The landholdings of landownersowning more than fifty (50) hectares shall be prioritized forcoverage within this same period.

All private agricultural lands voluntarily offered before July 1, 2009by the landowner for agrarian reform shall be subject to immediateacquisition and distribution under voluntary offer to sell (VaS) andshall be completed by June 30, 2012.

Lands under voluntary land transfer (VLT) received by DARbefore July 1, 2009 shall be subject to immediate acqUisition anddistribution and shall be completed by June 30, 2012.

The following types of lands shall likewise be subject of immediateacquisition and distribution under CARP and shall be completedby June 30, 2012:

3

a. Rice and corn lands under Presidential Decree (p.o.) No. 27;

b. All idle and abandoned lands;

c. All lands foreclosed by government financial institutions;

d. All lands acquired by the Presidential Commission on GoodGovernment (PCGG); and

e. All other lands owned by the government.

2.5 All landholdings of landowners owning more than 24 hectares buthave not been issued with NOC as of December 10, 2008 shall besubject to land acquisition and distribution (LAD) by July 1, 2012and completed by June 30, 2013.

2.6 All landholdings of landowners owning more than 10 hectares upto 24 hectares, in so far as the excess hectarage above 10hectares is concerned, shall be covered under land acquisitionand distribution starting July 1, 2012 and be completed by June30,2013.

2.7 All landholdings of landowners owning more than five (5) hectaresup to 10 hectares shall be covered under land acquisition anddistribution starting July 1, 2013 and be completed by June 30,2014. Notwithstanding this schedule, coverage of landholdingsmore than five (5) hectares up to 10 hectares may commencewhen the LAD balance of the concerned province, reckoned as ofJanuary 1, 2009, is already 90 percent complete, as certified to bythe Provincial Agrarian Reform Coordinating Committee(PARCCOM) under existing guidelines of the PresidentialAgrarian Reform Council (PARC).

3. For provinces declared by the Presidential Agrarian Reform Council(PARC) as priority land reform areas, the acquisition and distribution ofprivate agricultural lands therein under advanced phases may beimplemented ahead of the above schedules on the condition that priorphases in these provinces have been completed pursuant to the PARCimplementing rules and regulations on the matter.

4. The Notice of Coverage (NOC) shall be issued to landowners not laterthan 90 days prior to the scheduled date of acquisition and distribution oftheir landholding except for landowners owning more than five (5) up toten (10) hectares, in which case, the NOCs shall be issued on or afterJuly 1, 2013.

5. . In the case of lands for which NOCs have already been issued, the DARProvincial Office (DARPa) shall send a memorandum to the MunicipalAgrarian Reform Officer (MARa), copy furnished the La, directinghim/her to proceed with the process of land acquisition and distributionof the landholdings under the CARP, either immediately or on thespecific schedule provided under Item IV(A)(2) of this Order.

6. For lands already in the Inventory of CARP Scope (ICS), the DARPashall transmit to the DAR Municipal Office (DARMO) on or beforeOctober 30, 2009 the list of LAD balances and the schedule of coverage

~4

of each landholding therein, based on the prioritized phasing underSection 5 of R.A. No. 9700.

In the case of other landholdings still unacquired and undistributed butcoverable under CARP, the DARMO shall submit the list of such landsto the DARPO which shall prepare and issue NOCs and transmit theseto the DARMO for service to tile landowners (LOs) based on specific

.schedules under Item IV(A)(2) of this Order.

7. Landholdings sUbject of expropriation or acquisition by the Local. Government Units (LGUs) or any portions thereof not actually, directlyand exclusively used for non-agricultural purposes are subject to CARPcoverage if one or more of the following conditions apply:

7.1 There is agricultural activity;

7.2 The land is suitable for agriculture; or

7.3 The land is presently occupied and tilled by farmer/so

8. Excluded from coverage are lands actually, directly and exclusively usedand found to be necessary for the following purposes:

8.1 Parks;

8.2 Wildlife;

8.3 Forest reserves;

8.4 Reforestation;

8.5 Fish sanctuaries and breeding grounds;

8.6 Watersheds;

8.7 Mangroves;

8.8 National defense;

8.9 School sites and campuses including experimental farm stationsoperated by public or private schools for educational purposes;

8.10 Seeds and seedlings research and pilot production centers;

8.11 Church sites and Islamic centers appurtenant thereto;

8.12 Communal burial grounds and cemeteries;

8.13 Penal colonies and penal farms actually worked by the inmates;

8.14 Government and private research and quarantine centers;

Also excluded from coverage are:

8.15 All undeveloped lands with eighteen percent (18%) slope andover;

5

8.16. All lands actually, directly and exclusively used for commercial,industrial or residential purposes and classified as such beforeJune 15, 1988;

8.17. Fish ponds and prawn farms;

8.18. All lands actually, directly and eXclusively used for livestockraising;

8.19. Ancestral lands and domain; and

8.20. Retention areas granted to landowners.

The MARO, together with a representative of the DARPO, shall conductan inventory and ocular inspection of all agricultural lands within theirarea which are used for the above purposes. A report on the inventoriedand inspected lands shall be submitted by the MARO and the DARPOrepresentative to the Provincial Agrarian Reform Officer (PARO)indicating the following:

• Name of landowner;

• Location of property and area;

• OCTfTCT or Tax Declaration Number;

• Actual land use;

• Existence of agricultural activity;

• Land Classification documents available; and

• Other information vital to the determination of coverage of the land orportions thereof under CARP.

9. Any act of the landowner to change or convert his/her agricultural land tonon-agricultural uses shall not affect the coverage of the landholding.Any diversification or change in the agricultural use of the landholding, orshift from crop production to non-agricultural uses and purposes shall besubject to the guidelines on land use conversion.

10. Land subject to a conversion order but not developed within the five-yearperiod starting from the issuance of the conversion order or the specifictime frame stipulated therein, or if there is a violation of other conditionsso provided, shall be reverted to agricultural use and Notice of Coveragethereon shall be issued by the PARO. An ocular inspection shall beconducted by the PARO on all lands covered by conversion orders andshall submit a factual finding on land development or violations ofconditions on the conversion orders if any, to the Regional Director, copyfurnished the Center for Land Use Policy, Planning and Implementation(CLUPPI), for appropriate action pursuant to the existing implementingrules and regulations (lRR) on land use conversion.

11. As a general rule, the Notice of Coverage (NOC) shall be addressed toand received by the LO through the following modes of service:

6

11.1 Personal Service - This is made by handing a copy of the NOC tothe LO in person and having him receive it by affixing hissignature or thumbmark with a witness to the thumbmark who willset his signature in the receiving copy.

11.2 Substituted Service - If personal service of the NOC cannot beserved directly to the LO within a reasonable time, service may bemade by leaving copies of the NOC and having this duly receivedat the LO's:

a. residence with some person of suitable age and discretionresiding therein; or

b. office or regular place of business with some competentperson in charge thereof.

11.3 Service by Registered Mail - If personal or substituted service isnot practicable, the Notice of Coverage shall be sent by registeredmail to the last known address of the LO. The registered mailenvelope shall be marked "Deliver to Addressee Only' and"Return to Sender" based on the possibilities that the LO hasmoved out, address is erroneous or insufficient, or the LO refusesto accept or receive the mailed NOC.

11.4 Service by Publication - The mode of service by publication shallapply if the LO is outside the Philippines, or whereabouts isunknown, or LO refused to receive the NOC. If any of the three(3) modes of service {Items IV(A)(11.1 to 11.3) of this Order} fails,the NOC will be published in a newspaper of general circulation insuch places. Service by publication shall be evidenced by theaffidavit of the editor-in-chief, or circulation/advertising managerattesting to the fact of said publication and a copy of the saidpublication. A "Return to Sender" stamped on the mailingenvelope for registered mail will serve as proof that the NOC wasnot received by the LO. The publication need not state the entirecontents of the NOC but only the following essential particulars:

11.4.1 Coverage of the subject landholding under CARP on thespecific land acquisition schedule based on the prioritizedphasing under Section 5 of RA No. 9700;

11.4.2 Original Certificate of Title (OCT)!Transfer Certificate ofTitle (TCT)/Latest Tax Declaration No/s.;

11.4.3 Complete name/s of the LO/s and last known address, ifavailable;

11.4.4 Address or location of the subject landholding (barangay,city/municipality, province); and

~7

11.4.5 A statement that the LO has thirty (30) calendar daysfrom date of NOC publication to reply to the NOC, andthat failure to do so shall be a waiver of the right tochoose his retention area, the privilege to nominatechildlchildren who may qualify as preferred beneficiariesand to apply for exemption/exclusion from CARPcoverage.

12. The other modes of service/delivery/receipt of the NaG shall be asfollows:

12.1 Service upon co-owners - In case of co-ownership, the NOC shallbe served upon each and every co-owner, unless one isspecifically authorized to receive for the co-owners.

12.2 Service upon minors or incompetents - When the La is a minor,insane or otherwise incompetent, service shall be made uponhim/her personally and to his/her legal guardian if he/she has one,or if none, upon his/her guardian ad litem whose appointmentshall be applied for by the Department of Agrarian Reform (DAR).In the case of a minor, service may also be made on his/herfather and/or mother.

12.3 Service upon entity without juridical personality - When the Laswho are persons associated through an entity without juridicalpersonality are issued a NOG under the name by which they aregenerally or commonly known, service may be effected upon allthe Las by serving upon anyone of them, or upon the person incharge of the office or place of business maintained in suchname. Such service shall not individually bind any person whoseconnection with the entity has, upon due notice, been severedbefore the proceeding was brought.

12.4 Service upon domestic private juridical entity - When the La is acorporation, partnership or association organized under the lawsof the Philippines with a juridical personality, service may bemade on the president, managing partner, general manager,corporate secretary, treasurer, in-house counselor administrator.

13. Within thirty (30) calendar days from receipt of NOC or from its date ofpublication, the La has:

13.1 The right to choose a retention area not exceeding five (5)hectares pursuant to Section 6 of RA No. 6657, as amended;and

13.2 The privilege to nominate child/ren who may qualify as preferredbeneficiary/ies.

The landowner is likewise given the same thirty (30)-day prescribedperiod from receipt or date of publication of NOG, whichever isapplicable, within which to protest coverage. Upon receipt of the protestof coverage by DAR, the LO is given another thirty (30) days tosubstantiate his/her protest and/or application for exemption or exclusionfrom CARP coverage. Failure to comply within the aforementioned 30­day reglementary periods shall be construed as a waiver orabandonment of the right to protest and/or to file for an application forexemption or exclusion from GARP coverage.

14. Notwithstanding a protest of coverage or an application for exemption orexclusion by a landowner, the processing of the claim folder. includingvaluation and the issuance of Certification of Deposit (COD) by the LandBank of the Philippines (LBP) and the transfer of title to the Republic ofthe Philippines, shall continue unless the Regional Director or the DAR

Secretary, as the case may be, suspends the processing based onpreliminary findings on grounds for exemption or exclusion or theSupreme Court issues a Temporary Restraining Order (TRO) on the

processing of the claim folder.

B. RETENTION

1. All landholdings five (5) hectares and below shall not be subject toCARP coverage except for landholdings submitted for voluntary offer tosell (VaS) before July 1, 2009 wherein the retention right has beenwaived, The PAROs shall issue Certification of Retention to landownerswho have already availed of the same and cover all areas in excess

thereof.

2. For vas lands submitted prior to July 1, 2009 where the master list ofARBs has been finalized, the retention areas of landowners coveredunder said vas shall be processed under the existing guidelines of R.A.No, 6657, as amended, before July 1, 2009.

3. Landowners who own lands five (5) hectares or less may file a requestfor the issuance of Certification of Retention.

4. Landholdings covered by homestead grants and Free Patents issuedpursuant to Commonwealth Act (C .A.) No. 141 still owned by the originalgrantees or their direct compulsory heirs shall be retained by them aslong as they were cultivating the said landholdings at the time of theapproval of R.A. No. 9700 and continue to cultivate the same.

5. Heirs of deceased landowners who died after June 15, 1988 and whoselands are covered under CARP are only entitled to the five (5) hectareretention area of the deceased landowner.

6. For landholdings under compulsory acquisition (CA), the landowner shallchoose his retained area within thirty (30) days from receipt of Notice ofCoverage (NOG) or date of publication of NOC.

Failure to exercise the right to choose within the prescribed period shallconstitute a waiver thereof. In which case the OAR, through the MARO,shall automatically choose for the landowner his/her retention area.

For landholdings under voluntary offer to sell (VaS), the landowner shallexercise his right of retention simUltaneously at the time of the offer forsale of the subject landholding.

7. When landowners waive their right of choice, the following factors shallbe considered in choosing their retention area:

6.1 commodity produced;

6.2 terrain;

6.3 infrastructure available; and

6.4 soil fertility.

9

8.

9.

For marriages covered by the New Civil Code, in the absence of anagreement for the judicial separation of prope~y, spouses whoseagricultural land properties are all conjugal may retam. a t?tal of not morethan five (5) hectares of such properties. However, If elthe~ or both ofthem are landowners in their respective rights (capital and/orparaphernal), they may each retain not more than five (5) ~ectares oftheir respective landholdings. In no case shall the total retention of suchcouple exceed ten (10) hectares.

For marriages covered by the Family Cude, which took effect, on Aug~st

03, 1988, a husband owning capital property and/or a wIfe oWningparaphernal property may retain not more than five (5) hectares each,provided they executed a judicial separation of properties prior toentering into such marriage. In the absence of such an agreement, allproperties (capital, paraphernal and conjugal) shall be considered to beheld in absolute community, I.e., the ownership relationship is one, and,therefore, only a total of five (5) hectares may be retained by eachcouple.

10. The DAR shall notify the LO, through personal service with proof ofreceipt or by registered mail with return card, the portion selected ashis/her retention area if the LO fails to exercise such right within theprescribed period.

11. In case a tenant chooses to remain in the LO's retained area, he/sheshall be a leaseholder in the said land and shall not qualify to be abeneficiary under CARP. Conversely, if the tenant chooses to be abeneficiary in another agricultural land I he/she cannot be a leaseholderin the land retained by the LO. The tenant must exercise this optionwithin a period of one (1) year from the time the LO manifests his/herchoice of the area for retention.

12. Tenants/lessees in the retained areas who do not wish to becomeleaseholders in the retained lands shall be given preference in otherlandholdings whether or not these lands belong to the same landowner,without prejudice to the farmers who are already in place and SUbject tothe priorities under Section 22 of R.A. No. 6657, as amended.

13. In all cases, the security of tenure of the farmers or farmworkers on theLO's retained land prior to the approval of R.A. No. 6657, as amended,shall be respected. Further, actual tenant-farmers in the landholdingsshall not be ejected or removed therefrom.

14. Land transactions executed prior to RA. No. 6657, as amended, shall bevalid only when registered with the Registry of Deeds within a period ofthree (3) months after June 15, 1988 in accordance with Section 6 of

, RA. No. 6657, as amended.

Where the transfer/sale of a landholding involves a total of five (5)hectares and below and such landholding is the retention area of thetransferor or subject of retention by the transferor, and the transferee willnot own an aggregate of more than five (5) hectares as a result of thesale, the transfer is legal and proper. However, a DAR clearance isneeded for the purpose of monitoring and as requisite for the registrationof the title in the name of the transferee with the Registry of Deeds(ROD).

10

In the case of multiple or a series of transfers/sales, only the first five (5)hectares sold/conveyed and the corresponding titles issued by the RODin the name of the transferee shall be considered valid and be treated asthe transferor's retained area, but in no case shall the transferee exceedthe five (5)-hectare landholding ceiling pursuant to Sections 6, 70 and73(a) of R.A. No. 6657, as amended. In so far as the excess areabeyond five (5) hectares sold and conveyed is concerned, the sameshall be covered under CARP, regardless of whoever is the current title­holder to the land, considering that the transferor has no right ofdisposition of these lands since CARP coverage of these lands ismandated by law as of June 15, 1988. Any landholding still registered inthe name of the landowner after earlier dispositions up to an aggregateof five (5) hectares are no longer part of his retention area and thereforeshall be covered under CARP.

15. CARP covered agricultural lands which are to be expropriated oracquired by the local government units (LGUs) and to be used for actual,direct and exclusive public purposes, such as roads and bridges, publicmarkets, school sites, resettlement sites, local government facilities,public parks and barangay plazas or squares, consistent with theapproved local government land use plan, shall not be subject to thefive-hectare retention limit. However, prior to theexpropriation/acquisition by the LGU, the subject land shall first undergothe land acquisition and distribution process of the CARP, and the ARBstherein shall be paid just compensation without prejudice to theirqualifying as ARBs in other landholdings under the CARP.

16. The title of the land awarded under the agrarian reform program mustindicate that it is an Emancipation Patent (EP) or Certificate of LandOwnership Award (CLOA) and any subsequent transfer of title must alsoindicate that it is an EP or a CLOA.

17. Pursuant to Section 4 of R.A. No. 9700, an LGU may, through its ChiefExecutive and/or an ordinance, exercise the power of eminent domainon agricultural lands for public use, purpose, or welfare of the poor andthe landless, upon payment of just compensation to agrarian reformbeneficiaries (ARBs) on these lands, pursuant to the provisions of theConstitution and pertinent laws. The power of eminent domain may notbe exercised unless a valid and definite offer has been previously madeto the ARBs, and such offer was not accepted. In cases where the landsought to be acquired has been issued with a Notice of Coverage or isalready subject to voluntary offer to sell (with letter-offer submitted toDAR) the concerned LGU shall suspend the exercise of its power ofeminent domain until after the LAD process has been completed and thetitle to the property has been transferred to the ARBs.

Where agricultural lands have been subjected to expropriation, the ARBstherein shall be paid just compensation. For this purpose, lands"subjected to expropriation" includes all agricultural lands which havebeen reviewed and approved by the DAR to be actually, directly andexclusively used by the LGU for public purpose with a case forexpropriation already filed by the LGU before a jUdicial court. ARBs arethose who have been certified by the Barangay Agrarian Reform Council(BARC) and DAR as beneficiaries of the subject landholdings.

18. The expropriation/conversion of agricultural lands shall be subject to theeXisting guidelines of DAR on land conversion. Irrigable and irrigated

V""-P- 11

lands where (1) there is agricultural activity, (2) land is suitable foragriculture, or (3) the land is presently occupied and tilled by farmersshall not be subject of expropriation by the LGUs.

C. LAND ACQUISITION

1. Pursuant to Section 3 of R.A. No. 9700, the landholdings of Las owninga total of five (5) hectares or less shall not be subject of acquisition anddistribution under CARP.

2. Landholdings above five (5) hectares which were offered under voluntaryland transfer (VLT) and not approved by the DAR shall be covered undercompulsory acquisition (CA).

All VLT applications submitted to DAR after June 30, 2009 shall nolonger be processed.

3. Landowners (Las) may voluntarily offer their private agricultural lands forcoverage under RA No. 6657, as amended or under R.A. No. 9700.Upon its acceptance by the DAR, the Letter-Offer for coverage underVoluntary Offer to Sell (VaS) can no longer be withdrawn. In any case,the DAR can immediately subject such landholding to coverage undercompulsory acquisition and distribution under CARP notwithstanding theschedule of prioritized phasing under RA No. 9700.

The acceptance letter for vas shall stipulate that upon offer under vas,the schedule of coverage under RA No. 9700 is deemed waived.

Landowners who received NOCs for their landholdings underCompulsory Acquisition (CA) may be allowed to shift to Voluntary Offerto Sell (VaS), provided, that the claim folder (CF) for the subjectlandholding has not yet been received by the Claims Processing,Valuation and Payment Division (CPVPD) of the Land Bank of thePhilippines (LBP) for valuation.

4. Landowners who have voluntarily offered their landholdings for coverageunder CARP and those who have previously waived their rights to retainare disqualified from becoming ARBs of other landholding/s beingcovered or to be covered under CARP. The La's voluntary offer or hisprevious waiver is construed to be his inability and/or unwillingness tocultivate the land and make it productive.

Likewise, children of the same landowners who were not nominated aspreferred beneficiaries are disqualified from becoming an ARB inanother landholding following the qualification criteria pursuant toSection 22 of RA No 6657, as amended.

5. For tenanted lands or lands under leasehold, the Agrarian ReformBeneficiary/ies (ARB/s) shall continue to pay their lease rentals astenants/lessees based on their leasehold contracts until such time thatthe LBP issues a Certification of Deposit (COD).

6. As a general rule, untitled public alienable and disposable (A & D) landsare within the jurisdiction of the Department of Environment and NaturalResources (DENR) pursuant to Commonwealth Act (CA) No. 141(Public Land Act). However, subject lands are deemed "private" and forcoverage by the DAR, if all the requisites specified in RA No. 6940, as

~ 12

amended by R.A. No. 9176 for the determination whether or not privaterights over a landholding have already been acquired based on thefollowing:

a. Continuous occupancy and cUltivation by oneself or through one'spredecessors-in-interest for at least thirty (30) years prior to theeffectivity of RA. No. 9176 on December 4, 2002 (i.e., December1972);

b. The land must have been classified as alienable and disposable forat least thirty (30) years prior to the effectivity of RA. No. 9176;

c. One must have paid the real estate tax thereon; and

d. There are no adverse claims on the land.

In cases where the DAR and DENR have jointly identified specificuntitled properties that may be covered under the LAD component ofCARP, the DENR - Community Environment and Natural ResourcesOffice (CENRO)/Provincial Environment and Natural Resources Office(PENRO) or Regional Technical Director (RTD) - Land ManagementService (LMS) shall issue the certification that the subject tract of land iswithin an area classified as alienable and disposable.

7. The current Jist of all lands covered by NOCs and all remainingunacquired and undistributed landholdings covered under CARP that arein the process of acquisition and distribution or will be acquired based onthe schedule of priorities under Section 5 of RA. No. 9700 shall besubmitted by the DARPO to the ROD concerned for segregation of thecorresponding original copy of the Certificates of Title of all these landsfrom the regular volume or files of the Registry, and the compilation ofthe same in a new separate volume (CARP Volume) until the customarynumber of titles constituting a regular volume is reached. This CARPVolume shall be treated as a restricted volume and any voluntarytransaction on any of the titles included in this restricted file shall besubject to clearance in writing from the PARO. The maintenance of theCARP Volume shall be undertaken by the LRA-CARP personnel underthe supervision of the ROD

8. Any title contained in the CARP Volume shall only be returned to thegeneral/regular file upon proof that the property covered by said title isexempted, excluded or ascertained to be outside CARP coverage. Suchproof may be in the form of a Court Order or DAR Order which hasbecome final and executory.

9. The ROD shall issue a Transfer Certificate of Title (for titled properties)'. and an Original Certificate of Title (for untitled properties) in the name of

the Republic of the Philippines (RP title) upon receipt of a copy of theLBP's Certification of Deposit (COD) from the DARPO.

10. Landholdings distributed by the DENR under R.A. No. 6657, asamended shall no longer be acquired and distributed by the DAR.

11. Landholdings subject of acquisition shall be validated based onownership documents and on the projection by the DAR on DENR landclassification maps to determine whether or not the areas are alienableand disposable.

13

12. All projections undertaken by the DARPO on land titles, whetheradministratively or judicially (survey was based on the cadastral map ofthe Department of Environment and Natural Resources {DENR}) issued,shall be confirmed or validated by the DENR-Community Environmentand Natural Resources Office (CENRO) or Provincial Environment andNatural Resources Office (PENRO) as to the land classification status ofsaid lands.

All projections undertaken by the DARPO on lands covered by judiciallyissued titles and whose survey was based on the Private Survey (Psu)Plan of the Land Registration Authority (LRA) shall be confirmed orvalidated by the LRA on whether these lands do not overlap with othertitled or decreed property.

13. Titles jUdicially issued prior to 1921 based on Act No. 2874 need not bevalidated or confirmed by the DENR-CENRO/PENRO as to their landclassification status as such lands are classified as alienable anddisposable. However, the DARPO shall:

13.1 Undertake the projection as to land classification status: and

13.2 Obtain a certification from the Land Registration Authority (LRA)that the property does not overlap with a titled or decreedproperty. Such certification shall include, among others, theJudicial Decree number, date of issuance of Decree, name ofadjudicatee, location and area.

Such properties that partially overlap with other titled or decreedproperties shall be segregated accordingly during the conduct of surveyby the landholdings subject of acquisition. The acquisition anddistribution of such landholdings that either partially or fully overlap withdecreed properties shall continue regardless in whose name the decreeIS.

14. As a general rule, the conduct of survey to determine land use,segregation of coverable and not coverable area, and subdivision surveyshall be undertaken prior to field investigation (FI). The PARO shallensure that all field survey activities shall be completed before theconduct of field investigation (FI).

However, in the event that the finalization of the master list of ARBs willnecessitate resolution of petitions for inclusion and exclusion of ARBs inthe master list, the PARO shall inform the Land Bank of the Philippines(LBP) regarding the matter, in which case, the conduct of subdivisionsurvey will come after the field investigation (FI) or upon the finalizationof the master list of ARBs so as not to delay the land acquisitionprocess.

15. The Land Use Management and Development (LUMO) fund shall bereleased and utilized only for CARP covered lands with RequisitionSurvey Services (RSS) approved by the DAR's Bureau of LandDevelopment (BLD), pursuant to existing guidelines on requisition,approval and monitoring of survey services.

14

16. A landowner-mortgagor of a foreclosed agricultural land where the two­year right of redemption period has already expired and is subsequentlyto be covered under CARP, cannot qualify as an ARB on the foreclosedland notwithstanding his/her being in actual possession and cultivationthereof. The DAR shall be responsible for taking possession of the landby negotiating or filing of the appropriate case, if necessary, and tosuccessfully install the qualified ARB/s.

D. LAND VALUATION AND LANDOWNER COMPENSATION

1. The compensation for lands covered under RA No. 9700 shall be: a)the amount determined in accordance with the criteria provided for inSection 7 of the said law and eXisting guidelines on land valuation; or b)the value based on the order of the DAR Adjudication Board (DARAB) orthe regular court, which has become final and executory.

The basic formula for the valuation of lands covered by VOS or CA shallbe:

LV '" (CNI x 0.60) + (CS x 030) + (MV x 0.10)

Where: LV '" Land ValueCNI = Capitalized Net Income

(based on land use andproductivity)

CS = Comparable Sales (based onfair market value equivalent to70% of BIR Zonal Value)

MV = Market Value per TaxDeclaration (based onGovernment assessment)

1.1 If three factors are present

When the CNI, CS and MV are present, the formula shall be:

LV = (CNI x 0.60) + (CS x 030) + (MV x 0.10)

1.2 If two factors are present

1.2.1 When the CS factor is not present and CNI and MV areapplicable, the formula shall be:

LV = (CNlxO.90) + (MVxO.10)

1.2.2 When the CNI factor is not present, and CS and MV areapplicable, the formula shall be:

LV '" (CS x 0.90) + (MV x 0.10)

1.3 If only one factor is present

When both the CS and CNI are not present and only MV isapplicable, the formula shall be:

LV '" MVx2

15

In no case shall the value of idle land uSing the formula (MV x 2)exceed the lowest value of land within the same estate underconsideration or within the same barangay, municipality or province(in that order) approved by LBP within one (1) year from receipt ofClaim Folder (CF.)

The specific guidelines governing the valuation of lands under voluntaryoffer to sell (VOS) or compulsory acquisition (CA) pursuant to R.A. No.6657, as amended by R.A. No. 9700 are provided in CARP-LAD AnnexA of this Order.

2. All previously acquired lands wherein valuation is subject to challenge bylandowners shall be completed and finally resolved pursuant to Section17 of RA No. 6657, as amended.

In like manner, claims over tenanted rice and corn lands under P.O. No.27 and Executive Order (E.O.) No. 228 whether submitted or not to theLand Bank of the Philippines (LBP) and not yet approved for paymentshall be valued under R.A. No. 6657, as amended.

Landholdings covered by PO No. 27 and falling under Phase I of R.A.No. 9700 shall be valued under R.A. No. 9700.

3. In cases of rejection, landowners may withdraw the original value of thelandholding as determined by the Department of Agrarian Reform (DAR)and Land Bank of the Philippines (LBP) per Memorandum of Valuation(MOV) and subsequently deposited in their names, subject to theirsubmission of the requirements for payment

When the LO later accepts the original value or as recomputed by theLBP based on existing valuation guidelines, mere filing of amanifestation by the LO as regards the acceptance of the original valueor a joint manifestation by the LO and the LBP on the recomputed valuewith the DAR Adjudication Board (DARAB) shall automatically terminatethe Just compensation case pending thereat.

4. Landowners, other than banks and financial institutions, who voluntarilyoffer their lands for sale, shall be entitled to an additional five percent(5%) cash payment

5. For landholdings which were conveyed after the effectivity of R.A. No.6657, the LBP shall consider the transferor as the payee.

However, payment must be released to the LO-transferee if the LO­transferor issues a Special Power of Attorney (SPA) or Deed ofAssignment in favor of the former.

6. In the determination of the Annual Gross Production (AGP), Selling Price(SP) and Cost of Operation (CO) to be used in the land valuation, theaudited financial statement filed with the Bureau of Internal Revenue(BIR) shall be obtained by the DARMO from the LO fifteen (15) daysprior to the date of field investigation. If the landowner fails to submit thesame, the DAR and LBP may adopt applicable industry data or, in theabsence thereof, conduct an industry study on the specific crop .

... ef' ..

16

7. Small portions or patches within the covered landholdings which aredetermined to be less productive than the bigger portion during theconduct of joint field investigation shall be valued based on the currentuse of the adjacent portions, provided that said sm<lll portions or patr.hesshall not exceed 10% of the productive area.

Likewise, small portions or patches of landholdings above 18 percentslope, undeveloped and of no use to the landowner shall be valued asidle provided it shall not exceed 10% of the covered landholding.

E. FARMER BENEFICIARYSELECTION

IDENTIFICATION, SCREENING AND

1. FarmersfTillers and farmworkers who meet the following qualificationsshall be eligible as beneficiaries under the Comprehensive AgrarianReform Program:

1.1 General Qualifications All agrarian reform beneficiaries must be:

1.1.1 Landless as defined by RA No. 6657, as amended andunder Item 111(1) of this Order;

1.1.2 Filipino citizen;

1.1.3 Permanent resident of the barangay and/or municipalitywhere the landholding is located as provided under Section22 of R.A. No. 6657, as amended.

1.14 At least fifteen (15) years of age atidentification, screening and selectionbeneficiaries; and

the time ofof farmer-

1.1.5 Willing, able, and equipped with the aptitude to cultivateand make the land productive.

1.2 Specific Qualifications for Farmworkers in Commercial Farms andPlantations. In addition to Item 1.1 above, the applicant must havebeen employed as of June 15, 1988 in the landholding coveredunder CARP.

All farmworkers who are holding managerial or supervisorypositions as of June 15, 1988 shall not qualify as ARBs. However,farmworkers who were promoted to managerial or supervisorypositions after they were identified, screened and selected shallremain as qualified ARBs.

2. Qualified beneficiaries shall be prioritized as follows:

2.1 agricultural lessees, share tenants and regular farmworkers;

2.2 seasonal farmworkers:

2.3 other farmworkers;

24 actual tillers or occupants of public lands;

2.5 collectives or cooperatives of the above beneficiaries; and

~ 17

2.6 others directly working on the land.

3. The following are grounds for disqualification in the identification ofARBs of the CARP:

3.1 Failure to meet the qualifications as provided for under Section 22of R.A. No. 6657, as amended;

3.2 Execution of a waiver of right to become an ARB in exchange fordue compensation and such waiver has not been questioned inthe proper government entity as of the approval of this Order;

3.3 Non-payment of an aggregate of three (3) annual amortizationsand failure to exercise the right of redemption/repurchase withintwo (2) years resulting in the foreclosure of mortgage by the LBPof a previously awarded land;

3.4 Deliberate non-payment of three (3) annual amortizations to thelandowner (La) resulting in the repossession by the landowner (inthe case of voluntary land transfer/direct payment scheme orVLT/DPS) of the awarded land;

3.5 Dismissal from the service for cause upon a judgment that is finaland executory (and there is no case filed questioning saiddismissal) as of the approval of this Order and if there is any suchcase, the same has been affirmed with finality by the proper entityof government;

3.6 Obtaining a substantially equivalent and regular employment, asdefined In Item 111(9) of this Order;

3.7 Retirement from the service, whether optional or mandatory, orvoluntary resignation, provided this was not attended by coercionand/or deception, and there is no case questioning saidretirement or voluntary resignation by the applicant as of the dateof approval of this Order;

3.8 Misuse or diversion of financial support services extended bygovernment (Section 37 of R.A. No. 6657, as amended);

3.9 Negligence or misuse of the land or any support extended bygovernment (Section 22 of R.A. No. 6657, as amended);

3.10 Material misrepresentation of the ARB's basic qualifications asprovided for under Section 22 of R.A. No. 6657, as amended,P.o. No. 27, and other agrarian laws;

3.11 Sale, disposition, or abandonment of the lands awarded bygovernment under CARP or P.O. No. 27 which is violative of theagrarian laws;

3.12 Conversion of agricultural lands to non-agricultural use withoutprior approval from the DAR;

3.13 Final judgment for forcible entry into the property or for unlawfuldetainer; and

18

3.14 Commission of any violation of the agrarian reform laws andregulations, or related issuances, as determined with finality afterproper proceedings by the appropriate tribunal or agency

4. Only after the agricultural lessees and share tenants, and regularfarmworkers have each been awarded three (3) hectares pursuant toSection 8 of RA No. 9700, shall other qualified beneficiaries such asseasonal farmworkers, other farmworkers, actual tillers/occupants ofpublic lands, collectives or cooperatives of the above beneficiaries, andothers directly working on the land, be accommodated.

5. The child of an La shall be given preference in the distribution of his/herparent's land pursuant to existing rules and regulations on award tochildren of Las provided he/she meets all of the following criteria:

5.1 Filipino citizen;

5.2 At least fifteen (15) years of age; and

5.3 Actual tiller or directly managing the farm as of the time of theconduct of field investigation of the landholding under CARP.

However, only untenanted portions of the landholding may be subject toaward to qualified children of the La and actual tenant-tillers in thelandholding shall not be ejected or removed therefrom. An La's childcannot claim that he/she is directly managing the farm or a specific areaof tillage, if the same has tenants or lessees, considering that thetenants on the land have the right to directly manage the land or area oftillage with the obligation to pay the La lease rental therefor.

6. In the event that the agricultural land for distribution in commercial farmsor plantations is sufficient following the order of priority under Section 22of R.A. No. 6657, as amended, the farmworker-beneficiaries therein onor prior to 15 June 1988, shall enjoy priority of award of a maximum ofthree (3) hectares.

On the other hand, farmworkers who were hired after the effectivity ofRA No. 6657 shall be accommodated based on their length of service,reckoned from 15 June 1988, and subject to Item IV(F)(1.2) of thisOrder.

7. All potential ARBs of a landholding who have been included in thepreliminary list, including those who have signified their intent or interestwith the DARMO to be included in the preliminary list of potential ARBsthereof, must submit the essential documents to prove theirqualifications as ARBs as provided under Item V(D.1.d) of this Orderwithin fifteen (15) days from posting of the said list.

Potential ARBs who fail to comply with the submission of the requireddocuments to prove their qualifications fifteen (15) days from the last dayof posting of the preliminary list of ARBs shall not be delisted from thepreliminary list of ARBs. The DARMO shall use available documentaryevidence at hand, if any, or exhaust all efforts to gather the necessaryinformation/evidence as bases in the evaluation of the potential ARB'squalifications and inclusion in the said liSt.

19

8. For the purpose of screening and selection of qualified ARBs incommercial farms, plantations and other landholdings that qualify forcollective distribution under Item IV(F)(4) of this Order, all concernedPAROs shall create a Beneficiary Screening Committee (BSC) whosemembers shall be composed of the PARO as the Ex-OfficioChairperson, the MARO, the DARPO Legal Offer, the ProvincialAgrarian Reform Coordinating Committee (PARCCOM) Chairman or hisrepresentative and the BARC Chairman of the area where thelandholding is located or his representative, pursuant to DAR A.O. No.7,

. Series of 2003.

The BSC may invite the landowner/s and/or civil society organization(CSO) representatives in the area to serve as resource persons in theARB selection and screening process, as may be necessary.

The BSC shall exercise exclusive jurisdiction in the screening andselection of ARBs in commercial farms, plantations and otherlandholdings for collective distribution to ARBs.

9. Qualified beneficiaries in a particular landholding shall include thosedetermined/identified by the DAR during the actual investigation anddocumentation process. The master list of ARBs selected by the MAROsor the Beneficiaries Screening Committee (BSC) in the case ofcommercial farms or plantations, shall be certified under oath by theBARC and further attested to under oath by the LO in so far as histenants, lessees and regular farmworkers in the landholding areconcerned, pursuant to Item IV(E)(10) of this Order.

10. The right of the LO to attest to the master list of ARBs in so far as thetenants, lessees and regular farmworkers in his/her landholdings areconcerned, is deemed waived after the lapse of fifteen (15) days fromhis/her receipt of the said master list of ARBs, if he fails to act on it withinthe said period. Thereafter, the master list of ARBs shall become finaland executory. Landowners who fail, refuse or delay the issuance of theattestation despite proof of qualification of the beneficiaries, shall beliable under Sections 24 and 25 of RA No. 9700.

In case of partial or full non-attestation or repudiation by the LO of theARBs in the master list, the LO shall be reqUired to submit evidence tosustain his partial or full non-attestation, repudiation of ARBs, and/orsubstitution or addition to the master list of ARBs.

The landowner's refusal to attest to all or specific ARB/s in the masterlist despite the presentation of proof of their being either tenants orlessees or regular farmworkers shall not in any way delay the LADprocess. The MARO shall submit a report on this to the PARO.

11. The DARPO shall, within fifteen (15) days from receipt of the DARMO'sreport, conduct a revalidation of the qualifications of the ARBs' beingtenants or lessees or regular farmworkers in cases where the landownerrefuses to attest to:

11.1 Specific ARBs in the master list of ARBs (partial attestation);

11.2 Specific ARBs in the master list of ARBs (partial attestation) andidentifies other ARBs either by substitution or addition whom theLO claims are his tenants, lessees or regular farmworkers; or

11.3 All ARBs in the master list of ARBs (full non-attestation) andidentifies other ARBs either by substitution or addition whom theLO claims are his tenants, lessees or regular farmworkers.

Should the PARO find that there is possible merit to the LO's partial orfull non-attestation of the master list of ARBs, he shall order the BARC toconduct compulsory arbitration within thirty (30) days to pass upon theissue.

The BARC shall submit a report of its findings within five (5) days afterarbitration to the PARO who shall then evaluate and finally determine thequalifications of the ARBs in the master list. The PARO's decision shallbe final in so far as the master list is concerned.

12. Protests for inclusion/exclusion from the master list of qualified ARBsmay be filed in writing at the DARPO by an interested party not later thanfifteen (15) days from the last day of posting of the master list, forresolution within thirty (30) days from receipt of the same.

13. The master list of qualified ARBs becomes final after the lapse of fifteen(15) days from issuance of the PARO's decision on the protest andreceipt of the same by the parties.

14. The authority of the PARO to determine ARBs' qualifications isspecifically limited in the context of partial attestation or full non­attestation by the LO and to resolve protests and petitions on the ARBs'qualifications to be included in the master list. After this phase, the otherprocesses and the authority to decide on the determination of ARBs'qualifications under specific issuances (e.g., inclusion/exclusion of ARBsissued with CLOA from the master list of ARBs under agrarian lawimplementation cases) shall remain.

15. In case an appeal/motion for reconsideration is filed on the PARO'sdecision/s or order/s for inclusion/exclusion of potential ARBs in/from themaster list, the rules and procedures provided under the existingagrarian law implementation (ALI) rules shall be followed.

16. The ARBs who qualify under the screening process shall state underoath before the judge of the city or municipal court that he/she is willingto work on the land to make it productive and to assume the obligation ofpaying the amortization for the compensation of the land and the landtaxes thereon as stipulated in the Application to Purchase and Farmer'sUndertaking (APFU).

ARBs in the master list who fail or refuse to execute and sign the APFUshall be given thirty (30) days from the date of receipt of the APFU tosign it. Failure to sign the APFU within the reglementary period of thirty(30) days shall be considered as a waiver of right to become an ARB.Due notice shall be given to the concerned parties stating theconsequence of such failure to sign and execute the APFU within theprescribed period.

F. LAND DISTRIBUTION

1. Equitable distribution of the land shall be observed subject to thefollowing considerations:

~, 21

1.1 Landholdings covered by CARP shall be distributed first toagricultural lessees and share tenants and regular farmworkers ofthe same landholding up to a maximum of three (3) hectareseach. Only when the qualified agricultural lessees and tenantsand regular farmworkers by order of priority under Section 22 ofR.A. No. 6657, as amended. shall have received three (3)hectares each, shall the remaining portion of the subjectlandholding, if any, be distributed to seasonal and otherfarmworkers, actual tillers or occupants of public lands, collectivesor cooperatives of the beneficiaries and others directly working onthe land, pursuant to RA No. 9700.

1.2 Excess areas subsequent to the three-hectare award to entitledbeneficiaries pursuant to RA No. 9700, shall be distributed toother qualified beneficiaries without prejudice to the considerationof immediate family members of agriculturallessees/tenants/farmworkers who are actually tilling/cultivatingsuch lands as ARBs, subject to the procedures on screening andselection of ARBs. However, the tenants/lessees in such excessareas shall be given reasonable time to harvest the produce ofhis/her crop, subject to the rules on standing crops.

In cases where the land area is not enough to meet the three­hectare award ceiling for each agricultural lessee and tenant in aparticular landholding, the area to be distributed to them shall bebased on the actual size of tillage by each tenant/lessee.

Other qualified beneficiaries under Section 22 of RA No. 6657,as amended, who are displaced after the distribution of allavailable land to tenants/lessees, may still qualify as ARBs inother lands covered under the CARP.

In cases where the three-hectare award limit is satisfied fortenants, lessees and regular farmworkers, the remaining landsshall be distributed to agrarian reform beneficiaries following theorder of priority under Section 22, Items c to f of RA No. 6657,as amended, at an award limit of three (3) hectares each, usingthe following as the criteria for prioritization in case the land is noteconomically feasible and sound to distribute among all theremaining ARBs:

a. willingness, aptitude and ability to cultivate and make the landas productive as possible;

b. physical capacity; and

c. length of service.

If there are ARBs who equally meet the foregoing criteria, priorityshall be given to ARBs who have continuously worked on thesubject landholding.

The other farmworkers on the land who cannot be accommodatedshall be put in a wait list of potential ARBs who will be awarded inother landholdings covered by the CARP.

22

1.3 For untenanted land, all the farmers/tillers/farmworkers thereinwho qualify under the existing guidelines on the identification,screening and selection of Agrarian Reform Beneficiaries (ARBs),shall be considered as potential beneficiaries in the estate,provided that the proportional share of each will not exceed three(3) hectares, otherwise, additional farmworkers shall beconsidered.

1.4 For unoccupied lands, each qualified landless farmer shall beallowed the award ceiling of three (3) hectares

2. In general, the land awarded to an ARB should be under an individualCLOA-title covering one (1) contiguous tract or several parcels of landcumulated up to a maximum of three (3) hectares.

3. Qualified beneficiaries may opt for collective ownership, through a co­workers or farmers' cooperative/association or some other form ofcollective organization and for the issuance of collective ownership titles:Provided, That the total area to be awarded shall not exceed the totalnumber of co-owners or members of the cooperative or collectiveorganization multiplied by the award limit of three (3) hectares, except inmeritorious cases as may be determined by the Presidential AgrarianReform Council (PARC) and that the conditions for the grant of collectiveCLOAs under Item IV(F)(4.1 to 4.4) of this Order are met

L

Under collective ownership, a collective CLOA to the property shall beissued in the name of the co-owners or the farmers'cooperative/association or collective organization, as the case may be. Ifthe CLOAs are issued to co-owners or to a farmers'cooperatives/association, the names of the beneficiaries must be listedin the CLOA

4. Collective CLOAs may be issued to farmers' cooperatives/associationsunder the following instances:

4.1 The current farm management system of the land covered byCARP is not appropriate for either individual farming or division ofthe landholding into farm parcels;

4.2 The farm labor system is specialized, where the farmworkers areorganized by functions such as spraying, weeding, packing andother similar activities and not by specific parcels;

4.3 The potential beneficiaries are currently not farming individualparcels but collectively working on large contiguous areas; and

4.4 The farm consists of multiple crops being farmed in an integratedmanner or includes non-crop production areas that are necessaryfor the viability of farm operations, such as packing plants,storage areas, dikes, and other similar facilities that cannot besubdivided or assigned to individual farmers.

5. If the conditions for the issuance of collective CLOAs no longer exist, thelandholding shall be parcelized/subdivided and the ARBs subsequentlyissued individual CLOA-titles

23

6. For idle and abandoned lands or undeveloped agricultural lands to becovered by CARP, collective ownership shall be allowed only if thebeneficiaries opt for it and there is a clear development plan that wouldrequire collective farming or integrated farm operations exhibiting theconditions described in Item IV(F)(4.1-4.4) of this Order. Otherwise, suchlands awarded to ARBs should be under individual CLOAs/titles,covering one (1) contiguous tract or several parcels of land cumulatedup to a maximum of three (3) hectares.

7. As a general rule, the DAR shall take immediate possession of alandholding upon the issuance of Transfer Certificate of Title (TCT) orOriginal Certificate of Title (OCT) in the name of the Republic of thePhilippines (RP) by the concerned Registry of Deeds (ROD), and shallthereafter immediately proceed with the distribution process to thequalified agrarian reform beneficiaries of the landholding pursuant toSection 16 of RA No. 6657, as amended.

8. The ARBs have the right of usufruct over the land from the time the DARtakes constructive and actual possession of the same until the award ofa CLOA.

Pending the award of the CLOA and for the purpose of establishingusufructuary rights, the DAR, upon transfer of the title in the name of theRepublic of the Philippines and it takes actual possession of the land,shall immediately inform the ARBs that they have been identified andqualified to receive the land.

9. The existence of labor-related problems between the landowner and thefarmworkers, including questions on ownership of the subjectlandholding and payment of just compensation shall in no case deter ordelay the process of land acquisition and distribution.

10. The rights and responsibilities of the ARB shall commence from theirreceipt of a duly registered Certificate of Land Ownership Award (CLOA)and their actual physical possession of the awarded land.

10.1 All ARBs shall exercise diligence in the use, cultivation andmaintenance of the land including the improvements thereon.Negligence, misuse, or unauthorized sale of the land or misuse ofany support extended to an ARB shall be a ground for theforfeiture of one's right as an ARB.

10.2 Lands awarded to ARBs under this Act may not be sold,transferred or conveyed except through hereditary succession orto the Government, or to the LBP, or to other qualifiedbeneficiaries within a period of ten (10) years; Provided, however,that the children or the spouse of the transferor shall have a rightto repurchase the land from the government or the LBP within aperiod of two (2) years from the date of transfer.

10.3 ARBs have the obligation to pay the LBP in thirty (30) annualamortizations with interest at six percent (6%) per annum unlessthe ARB opts to accelerate payment.

24

10.4 Amortization payments shall commence one (1) year from thedate of the CLOA registration. However, if the actual occupancyof the ARB takes place after the CLOA registration, theamortization shall start one (1) yem after the constructive andphysical occupation of the land by the ARB.

11. The ARB Cooperative/Association shall assume the responsibility ofpaying the local government unit (LGU) the real property tax (RPT) ofcollectively awarded land subject to the provisions of the CooperativeCode of the Philippines.

12. Land improvements and facilities such as roads, bridges, warehouses,irrigation systems and the like, for common use and benefit as may bedefined by DAR, may be transferred through a Farmers' Association or

. Cooperative, or in the absence thereof, through co-ownership, andequally shared payments covered under either individual or collectiveland amortizations, as the case may be.

13. Agricultural lessees and tenants, regular farmworkers and other qualifiedbeneficiaries such as seasonal farmworkers, other farmworkers, actualtillers/occupants of public lands, members of collectives or cooperativesof the above beneficiaries, and others directly working on the land whoare husband and wife may be entitled to three (3) hectares eachprovided that they qualify as ARBs in their own individual rights and thattheir respective vested rights to the land have been duly established. Aseparate CLOA shall be issued to each spouse in such cases.

14. For legally married spouses, the names of both husband and wife shallappear in the CLOA and shall be preceded by the word "spouses".Should the couple qualify as individual ARBs, their names shall beregistered in the title, to wit: Juan married to Maria or Maria married toJuan to indicate that the first name is the awardee. In the case ofcommon-law relationship, the names of both parties shall likewiseappear in the CLOA with the conjunctive word "and" between theirnames. Should they likewise qualify as individual ARBs, their namesshall be registered without the other. The same provisions shall apply incases where the married ARBs or ARBs in a common-law relationshipare covered by a collective/co-ownership CLOA and their namesannotated at the back of the said CLOA.

For purposes of ARB inventory and reporting, spouses or parties whosenames appear in a single CLOA shall be counted as one ARB.

15. It is the ministerial duty of the ROD to:

15.1 Issue the title of the land in the name of the Republic of thePhilippines, after the LBP has certified that the claim proceedshave been deposited in the name of the landowner constitutingfull payment in cash and bonds, with due notice to the landowner;

15.2 Register the CLOA generated by DAR;

15.3 Cancel previous titles pertaining thereto; and

15.4 Issue title to the LO's retained area.

25

16. All registered CLOAs shall be released by the Registry of Deeds (ROD)to LBP as the mortgagee financing institution. The LBP shall be theresponsible repository of the encumbered CLOAs until the time of theirrelease to the concerned ARBs upon full payment of the landamortization, and the cancellation of the encumbrance.

G. INSTALLATION OF AGRARIAN REFORM BENEFICIARIES ONAWARDED LANDS

1. As owners of awarded lands under CARP, the ARB/s shall takepossession of the land covered by his/her/their titles from the time thesame is awarded to them through a registered CLOA.

In case taking possession of the awarded land by the ARBs wouldimperil or endanger their lives, the DAR shall assume responsibility forthe installation of the ARB/s on the subject land with the assistance ofthe police or military until they are settled and in constructive andphysical control of the property.

2. As a general rule, there shall only be a one time installation of ARBs ontheir specific area of tillage as indicated in their CLOAs, rendering themin constructive and physical possession of the same.

The DAR shall assist the ARBs in reporting cases of threaUharassmentor ejection attempts by the former landowner or other parties to thepolice or military, and the filing of appropriate legal action against thoseresponsible, if warranted.

3. In case the installation activities would necessitate the proVISion ofpolice and/or military forces to assist the DARMO personnel, theProvincial Agrarian Reform Officer (PARO) shall coordinate the saidactivities with the Department of National Defense-Armed Forces of thePhilippines (DND-AFP) and the Department of Interior and LocalGovernment-Philippine National Police (DILG-PNP), pursuant to theexisting guidelines per Memorandum of Agreement executed by theDAR, Department of Interior and Local Government (DILG), andDepartment of National Defense (DND).

4. In the event that the former landowner harasses or threatens the ARB/sinstalled by the DAR, the affected ARB/s shall immediately report thematter to the concerned PNP and the DAR. The ARBs should beassisted by the DAR Regional/Provincial Legal Division, PublicAttorney's Office (PAO) and the Office of the City/ProvincialProsecutors.

5. If upon the effectivity of this Order, the former landowner deliberatelyacts to delay, stall or obstruct the installation of the ARBs, a Criminalcase shall be filed against him/her for violation of Sec 73 (d) of RA No.6657, as amended. Moreover, the DAR shall ask that the landowner beheld liable by the Court for actual, compensatory and moral damagessuffered by the ARB/s.

26

V. OPERATING PROCEDURES FOR THE LAND ACQUISITION ANDDISTRIBUTION PROCESS

FORMS/DOCUMENTSREQUIRED

ACTIVITYSTEPS DAR OFFICE/AGENCY/PERSON

~~_P~O~N_S_~IB~L~E--...L- ~ """",,--- ~ I

A. PREPARATION, ISSUANCE AND PUBLICATION OF THENOTICE OF COVERAGE

(See CARP-LAD Annex "E" for the Process Flow)

A,1 Projection of Lands for Coverage

A.la DARPO Project landholdings forcoverage under CARP in theDepartment of Environmentand Natural Resources(DENR) Land ClassificationMaps to determine whether ornot the areas are alienableand disposable, and do notoverlap with any decreedproperty.

• If the land is found to beadjacent to forest ortimber land, determine thedate of issuance of thetitle. In case the title wasissued prior to 1921based on Act No. 2874,the subject land isdefinitively considered asalienable and disposable,and the procedure in ItemV(A)(2) of this Order shallbe undertaken.

• If the title was issued onor after 1921 based onAct No. 2874, determinewhether these wereissued administratively orjudicially.

• For landholdings coveredby judicial titles and thesurvey was based on theLand RegistrationAuthority (LRA) - PrivateSurvey (PSu) Plan, theprocedure outlined in Item~ L ~ _

27

II

A.1.b

DAR OFFICEIAGENCY/PERSON

RESPONSIBLE

DARPO

ACTIVITY

V(A)(3.1) of this Ordershall be followed.

• For landholdings coveredby administrative titles orjudicial titles and thesurvey was based on theDENR Cadastral Plan, theprocedure outlined in ItemV(A)(3.2) of this Ordershall apply.

In the case of untitledproperties, a certification fromthe LRA and DEN R regardingthe status of the landholdingshall be obtained observingthe following procedures.

• Submit the list of untitledproperties to the DENR ­CENRO/PENRO forvalidation on whether ornot the said landholdingsare alienable anddisposable, and forsubsequent issuance of acertification on the matter.Likewise, submit the samelist to the Bureau of LandDevelopment (BLD) for itto obtain the sameceliification from the LRAinforming whether theselandholdings are within oroutside a decreedproperty.

FORMS/DOCUMENTS I

REQUIRED I

• Upon receiptcertifications,the following:

of bothundertake

1. If the untitled landtotally overlaps wIth adecreed property,continue with theacquisition anddistribution of thedecreed propertyregardless In whose

-----'--__ name the decree i,:"s;,---~ ~

28

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

2. If the untitled propertyis totally not alienableand disposable,discontinue with thecoverage of the subjectland.

3. If the untitled landpartially overlaps with adecreed property, or itis partially alienableand disposable, ensurethat the portions of thesaid lands that arewithin the decreedproperty and those thatare not alienable anddisposable aresegregated during theconduct of survey.Likewise, continue withthe acquisition anddistribution of both thelandholding thatpartially overlaps with adecreed property aswell as the latterregardless in whosename the landholdingsare.

A.2.c DARPO Prepare, in coordination withthe DARMO, the preliminaryinformation on alllandholdings which werevalidated and projected by theDARPO and subject of jointfield investigation usingCARP-LAD Form NO.1.

• CARP-LAD FormNo. 1 (PreliminaryInformation onLandholdingsValidated andProjected andSubject of JointField Investigation)

A.2 Validation of Landholdings for Coverage

A.2.a DARPO Submit to the BLD list oflandholdings with titles ordecrees issued prior to 1921based on Act No. 2874.

BLDA.2.b Obtain a certification from theLRA that the subject

'----__--'- J-I"'accndC'-h,-o-ld--'Cings do not overlap

.~ 29

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY

with a titled or decreedproperty.

FORMS/DOCUMENTSREQUIRED

A.2.c LRA Validate if the subjectlandholding overlaps with atitled or decreed propertybased on records andprojections.

Prepare and transmit to theBLD a certification regardingthe status of the subjectlandholding which shouldinclude the followinginformation:

- Judicial Decree No.;

- Date of issuance ofDecree;

- Name of Adjudicatee;

- Location; and

- Area.

A.2.d BLD Upon receiptcertification,forward theDARPO.

of the LRA'srecord and

same to the

A.2.e DARPO • If the subject landholdingpartially overlaps with atitled or decreed property,ensure that theoverlapping portionsthereof are segregatedduring the conduct ofsurvey. Likewise,continue with theacquisition and distributionof both the landholdingthat partially overlaps witha decreed property as wellas the latter regardless inwhose name thelandholdings are.

r-o-,a 30

STEPS DAR OFF/CEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

• If the subject landholdingtotally overlaps with adecreed property, continuewith the acquisition anddistribution of the decreedproperty regardless inwhose name the decree is.

FORMSIDOCUMENTSREQUIRED

A2f DARPO Prepare, in coordination withthe DARMO, the preliminaryinformation on alllandholdings which werevalidated and projected by theDARPO and subject of joint

~fjeld investigation usingCARP-LAD Form No.1.

r----.-L-----

• CARP-LAD FormNo. 1 (PreliminaryInformation onLandholdingsValidated andProjected andSubject of JointField Investigation)

A.3 Landholdings Adjacent to Forest or Timber Land and the Decree wasIssued on or After 1921 Based on Act No. 2874

A.3.1 Landholdings Covered by Judicial Titles and the Survey was Basedon the LRA-PSu Plan

A3.1.a DARPO Send to BLD the list oflandholdings adjacent toforest or timber land forrevalidation to ensure thatthese are alienable anddisposable.

A.3.1.b BLD Revalidate the saidlandholdings which areadjacent to forest or timberland vis-a-vis the DENR LandClassification Map filed atSLD.

• If the subjectlandholding/s is/are foundto be alienable anddisposable, issue acertification as to itsfindings and transmit thisback to the DARPO.

• In case the subject

Llandholding/s is/are foundto be totallv or partially

~31

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

not alienable anddisposable, transmit theseto LRA with a request forit to validate whether ornot these lands arealienable and disposable.

FORMSIDOCUMENTSREQUIRED

A.3.1.c

A.3.1.d

A.3.1.e

LRA

BLD

DARPO

• Validate the landholding/sadjacent to forest or timberland if this/these is/arealienable and disposableor not based on recordsand projections.

• Prepare a certificationregarding the status of thelandholding/s (i.e.,alienable and disposable,partially or fully notalienable and disposable).If a landholding is found tobe partially alienable anddisposable, prepare asketch map indicating theapproximate size, contourand portion of the saidlandholding that isconsidered alienable anddisposable.

• Transmit to BLD thecertification regarding thestatus of the landholding,including the sketch map,if applicable.

Upon receipt of thecertification and sketch map,if any, send these to DARPOfor appropriate action.

• If the land IS partiallyalienable and disposable,ensure that portionsthereof which are found tobe not alienable anddisposable are segregatedduring the conduct of thesurvey.

~32

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

• In case the entire area istotally not alienable anddisposable, discontinuewith the coverage of thesubject land.

FORMSIDOCUMENTSREQUIRED

A.3.1.f DARPO Prepare, in coordination withthe DARMO, the preliminaryinformation on alllandholdings which werevalidated and projected by theDARPO and subject of jointfield investigation usingCARP-LAD Form No.1.

• CARP-LAD FormNo. 1 (PreliminaryInformation onLandholdingsValidated andProjected andSUbject of JointField Investigation)

A.3.2 Landholdings Covered by JUdicial or Administrative Titles and theSurvey was Based on the DENR Cadastral Plan

A.3.2.a DARPO Forward to DENR­CENRO/PENRO the list oflandholdings adjacent toforest or timber land forvalidation to ensure that theseare alienable and disposable.

A.3.2.b DENR-CENROI •PENRO

Validate the landholdingsadjacent to forest or timberland based on its recordsand projections.

• Prepare a certificationregarding the status of thelandholdings (I.e.,alienable and disposable,partially or fully notalienable and disposable).If a landholding is found tobe partially alienable anddisposable, prepare asketch map indicating theapproximate size, contourand portion found to bealienable and disposable.

• Transmit to DARPO thecertification regarding thefindings on thelandholding, including asketch map, if applicable.

~33

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSfDOCUMENTSREQUIRED

A.3.2.c DARPO • If the land is partiallyalienable and disposable,ensure that said portionsfound to be not alienableand disposable aresegregated during theconduct of the survey.

In case the land is totallynot alienable anddisposable, discontinuewith the coverage of thesubject land.

DARPOA.3.2.d Prepare, in coordination with • CARP-LAD Formthe DARMO, the preliminary No. 1 (Preliminaryinformation on all Information onlandholdings which were Landholdingsvalidated and projected by the Validated andDARPO and subject of joint Projected and

I

, I field investigation using Subject of JointI CARP-LAD Form NO.1. Field Investigation)

r·-----'------~-------·- -----"------------1

A.4 Preparation and Issuance of Notices of Coverage (NOCs)

A.4.a DARPO • Transmit to the DARMOthe validated andprojected list oflandholdings in the ICS/F1and other landholdings stillunacquired andundistributed butcoverable under CARP,indicating the concomitantphasing schedule of saidlands, giving priority toprivate agricultural lands.

Form(CF

CARP-LADNo. 2DocumentationMemorandum)CARP-LAD FormNo. 3 (Notice ofCoverage)

1. Notice of Coverage or • CARP-LAD FormMemorandum to the No. 4 (Directive toMARO direc"":ti...n,,-g.-L~M~A:....::...:Rc::0:.......:to~P,---r:..::o:.::c-=-ee-=-d::.J

• Prepare and send to the •DARMO the claim folder(CF) documentationmemorandum for eachlandholding, including.therein the following:

L.-__~

J"'f" 34

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

him/her to proceedwith the coverage ofagricultural lands forlands already issuedwith NOCs, dulysigned by the PAROand copy furnished thelandowner (LO), as thecase may be; and

FORMS/DOCUMENTSREQUIRED

with the Coverageof AgriculturalLands with NOCs)

Form(NOC

A.4.b

A.4.c

DARMO

DARMO

2. Preliminary information •on all landholdingswhich were validatedand projected byDARPO and subject offield investigation (FI)which shall form partof the claim folder.

Receive the Notices of.Coverage for landholdingsstill unacquired andundistributed but coverable •under CARP or theMemorandum to the MAROon the coverage ofagricultural lands for landsalready issued with NOCs, asthe case may be, and causethe service of eitherdocument to the LO, as thecase may be, pursuant toItem IV(A)(11) of this Order.

In case the LO's residence is •outside the Philippines orunknown, or the LO refusesto accept the NOC or there isfailure to notify the LOthrough the regular mode ofservice enumerated under •Item IV(A)(11) of this Order,submit a report of this to theDARPO and request thePARO to cause thepublication of the NOC in anewspaper of generalcirculation in accordance withItem IV(A)(11.4) of this Order.

CARP-LAD FormNo. 1 (PreliminaryInformation onLandholdingsValidated andProjected andSubject of JointField Investigation)

CARP-LAD FormNo. 3 (Notice ofCoverage)CARP-LAD FormNo.4) (Directive toMARO to Proceedwith the Coverageof AgriculturalLands with NOCs)

CARP-LAD FormNo. 5 (Report onFailure to Serve theNOC to the LO andRequest for NOCPublication)CARP-LADNo. 6Publication)

~35

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

A.4.d

A.4.e

DARMO

Landowner

• Post copies of the NOC for •at least seven (7) days inthe bulletin boards or anyconspicuous places in the •city or municipality and thebarangay where theproperty is located andobtain from the properbarangay or municipalofficer a Certification ofPosting Compliance.

• Commence with thepreparation of claim folder.

Within thirty (30) calendar •days upon receipt of the NOCor date of NOC publication,submit to the DARMO thefollowing:

1. Sketch map of the entireproperty with delineation orshading or any generalindication of the areahe/she intends to retain. In •case the LO fails toidentify his/her retainedarea and submit the saidsketch map, the DAR shall •identify and choose theLO's retention area;

2. List of name/s ofnominated child/ren aspreferred beneficiarylies.with address/es,birthdate/s, certified truecopies of child/ren's birthcertificate/s and two (2)other documents withprobative value showingthe parental relationship ofthe LO to his/hernominated preferredbeneficiary/ies.

In cases where the LOcontests the coverage ofhis/her land under CARP, theLO has thirty (30) calendar

CARP-LAD FormNo. 3 (Notice ofCoverage)CARP-LAD FormNo. 7 (Certificationof PostingCompliance)

CARP-LAD FormNo. 8 (Landowner'sLetter ofSubmission ofSketch Map ofSelected RetainedArea and List ofNominatedPreferredBeneficiaries)CARP-LAD FormNo. 9 (Sketch Mapof the SelectedRetained Area)Certified copies ofNSO birthcertificate/s ofpreferredbeneficiary/iesnominated by LOTwo (2) otherdocumentsindicating parentalrelationship of LOto each nominatedpreferredbeneficiarylies

Y"-t"- 36

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

days from receipt of the NOC,or if the NOC was servedthrough newspaperpublication, within thirty (30)days from date of publicationto file his/her protest!application for exemption orexclusion with the DARPO.

Form(Oel

CARP-LADNo. 10Report)

CARP-LAD FormNO.8 (Landowner'sLetter ofSubmission ofSketch Map ofSelected RetainedArea and List ofNominatedPreferredBeneficiaries)

• CARP-LAD FormNo. 9 (Sketch Mapof SelectedRetained Area)

• Certified copies ofNSO birthcertificate/s ofpreferredbeneficiary/iesnominated by LO

• Two (2) otherdocumentsindicating parental

I relationship of LOto nominatedpreferred I

beneficiary/ies \I

Conduct an Ocular Inspection •(OCI) for reconnaissancepurposes and to validate thefollowing:

Receive from the LO the letter •of submission of sketch mapof his/her retention area andthe list of nominated child/renas preferred beneficiary/iesand supporting documentsindicating parentalrelationship to preferredbeneficiarylies .

DARMO

DARMO

B. PROCESSING OF LANDOWNER'S RETENTION AREAS I

(See CARP-LAD Annex "F" for the Process FIOW_) --1B.1 Landholdings Above Five (5) Hectares I

A.4.f

I

I 01'!

LJl----------~37

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

B.1.b DARMO

a. The status of the.landholding/s subject ofcoverage and the retentionarea chosen by the LO asidentified In the sketchmap; and

b. Names and qualifications •of nominated children aspreferred beneficiariesfifteen (15) years old andactually cultivating ordirectly managing the farmat the time of the conductof field investigation of thelandholding under CARP,

In case the LO fails to choose •his/her retention area withinthe reglementary periodprovided in this Order, theMARO identifies the locationand area of the LO's retentionarea based on Item IV(B)(7)of this Order. The MAROshall notify the concerned LOthrough personal service withproof of receipt or byregistered mail with returncard on the portion selectedas his/her retention area.

Prepare the Retention Folder •which should include the OCIReport, the sketch map orplan of the retained areaidentified either by the LO orthe MARO, and copy ofNotice to Landowner on thePortion Selected as RetentionArea and proof of service ofsaid notice, when applicable.

CARP-LAD FormNo. 9 (Sketch Mapof SelectedRetained Area)

CARP-LAD FormNo. 8 (Landowner'sLetter ofSubmission ofSketch Map ofSelected RetainedArea and List ofNominatedPreferredBeneficiaries)

CARP-LAD FormNo. 11 (Notice toLandowner on thePortion Selected asRetention Area)

Retention Folder- Copy of CARP­

LAD Form No.8(Landowner'sLetter ofSubmission ofSketch Map ofSelectedRetained Areaand List ofNominatedPreferredBeneficiaries)CARP-LADForm No. 9(Sketch Map ofthe SelectedRetained Area)

~ 38

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

- CARP-LADForm No. 10(OCI Report)

- Copy of CARP­LAD Form No.11 (Notice toLandowner onthe PortionSelected asRetention Area,if applicable)

- Proof of Serviceof the Notice toLO on thePortion Selectedas RetentionArea

B.1.c DARMO Submit Retention Folder to •DARPO for review andevaluation.

Retention Folder

B.1.d DARPO Receive, record, review, and •evaluate the Retention Folder •submitted by DARMO. If theRetention Folder is in order,prepare the Certification ofRetention signed by thePARO and issue the same tothe landowner throughpersonal service with proof ofreceipt or by registered mailwith return card. In case ofincomplete data orinformation, notify theDARMO for appropriateaction.

Retention FolderCARP-LAD FormNo. 12(Certification ofRetention)

Form12of

CARP-LADNo.(CertificationRetention)

Landowner8.1.e In case the LO opts for the •immediate issuance of a titlefor his/her retention area afterthe issuance of Certification ofRetention by the PARO, hecan request, in coordinationwith the PARO, the Registryof Deeds (ROD) to issue atitle in the LO's name on theportion of his/her retainedarea based on the Owner's

L Duplicate Copy of title from__l- ---Lt:::.:h~e____"=_LO===_'_, Afl"r"'o"'v"'ed"-L _

J"cf- 39

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITYFORMS/DOCUMENTS

REQUIRED

Segregation Plan andtechnical descriptio'n, andCertificate of Retention.

All fees for the immediatesegregation survey of theLO's retention area and theissuance of title on the sameby the ROD shall bechargeable to the account ofthe LO.

-_~I---..J.-------18.2 Landholdings Five (5) Hectares And Below I

B.2.a Landowner LOs who own lands five (5) •hectares or less may file arequest for the issuance of aCertification of Retention withthe DAR Regional Office •(DARRO), DARPO orDARMO, which should beaccompanied by an affidavitby the LO that the saidlandholding is his/her saleand aggregate ownership ofagricultural land nationwide.

CARP-LAD FormNo. 13 (Request forCertification ofRetention)LO's Affidavit ofsale and aggregateownership ofagricultural landnationwide

B.2.b DARRO/DARMO

Upon receipt of the request •for the issuance ofCertification of Retention andLO's Affidavit of sale andaggregate ownership of.agricultural land nationwide,record and forward the sameto the DARPO.

CARP-LAD FormNo. 13 (Requestfor Certification ofRetention)LO's Affidavit ofsale and aggregateownership ofagricultural landnationwide

B.2.c DARPO Evaluate the LO's request for •the issuance of Certificationof Retention and validate andensure that the LO has noother agricultural lands nor •has he previously availed ofthe right to retention on anyCARP covered land.

CARP-LAD FormNo. 13 (Requestfor Certification ofRetention)LO's Affidavit ofsole and aggregateownership ofagricultural landnationwide

of • CARP-LAD FormNo. 12

DARPOB.2.d Issue CertificationL.- ...L . J...:..:R.:::et..,e::.:ntion to the LO.

V'-c.f-40,

II STEPS DAR OFFICE/

ACTIVITYAGENCY/ FORMS/DOCUMENTSPERSON REQUIRED

RESPONSIBLE

~--

I(CertificatiDn ofRetention)

8.3Landholdings with Previous Orders of Retention

B.3.a DARPa Based on Its records, issue a • CARP-LAD FormCertification of Retention to No. 12Las of all landholdings with (CertificatiDn ofOrders of Retention Retention)previously issued by theRegional Director.

f--~

B.4 Reports on All Lands Issued Certifications of Retention

B.4.a DARPO Prepare a list of all • CARP-LAD Formlandholdings issued with No~ 14 (List ofCertifications of Retention Landholdings withand submit the same to the Issued CertificationBureau of Land Acquisition of Retention)and Distribution (BLAD) forpurposes of creating adatabase on all lands subjectof retention and landownerswho have filed for theissuance of a Certification DfRetention (for landholdingsfive (5) hectares and below),copy furnished the DARRO.This must be updated everyquarter.

f------. - -

C. LAND ACQUISITION PROCESS(See CARP-LAD Annex "G" for the Process Flow)

C.1 Lands Covered under Voluntary Offer to Sell (VOS)

'----C1.a La • Files vas in any DAR FOR TITLED

office through a notarized PROPERTIES:Letter-Offer withsupporting basic • CARP-LAD FDrmownership documents as No. 15stipUlated under the (Landowner's"Forms/Documents Letter-Offer)required" per Item • CARP-LAD FormV(C.1.a) of this Order. No. 15A (Checklist

of Requir~'--

~41

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

Documents)• Certified copy of

the originalOCTfTCT on filewith ROD andphotocopy of ODC,if available

• Certified Copy oflatest TaxDeclaration In thename of theregistered ownerduly certified by theMunicipal/CityAssessor

• Copy of ApprovedSurvey Plancertified by theDENR-LMS

• CARP-LAD FormNo. 16 (LandownerInformation Sheet{LOIS} dulyaccomplished andsigned by the LO)

FOR UNTITLEDPRIVATEPROPERTIES:

• CARP-LAD FormNo. 15(Landowner'sLetter-Offer)

• CARP-LAD FormNo. 15A (Checklistof RequiredDocuments)

• Certification of theDENR-CENROIPENRO orRegional TechnicalDirector, LandsManagementService, that thetract of landcovered by thesurvey is within anarea classified asalienable and

Y<f"' 42

STEPS DAR OFFICE/AGENCY!PERSON

RESPONSIBLE

ACTIVITY IFORMS/DOCUMENTS

REQUIRED

disposablepursuant to DAR­DENR-LBP JointMemorandumCircular No. 12,Series of 1994 asreconciled withRA No. 9176

• Certified ApprovedSurvey Plan orcadastral map andgeographicalposition and planecoordination of thepoints duly certifiedby the Chief,Survey Division ofDENR

• Certified copy ofthe latest TaxDeclaration fromthe Assessor's filein the name of theclaimant withverified and correctlot numbers andarea per approvedsurvey plan

• Instruments ofacquisition coveringthe subjectproperty, such asdeeds of sale,donation, transfer,etc. in favor ofclaimant and thoseof hispredecessor/s-in­interest

• Certification of theAssessorconcerned showingthe Tax Declarationissued, thedeclarantfs, thearea covered, andthe basis for theissuances andcancellationsthereof up to theTax Declaration

~43

I,----~~,----~~----- ~--~--~~------,--~--~~~-

STEPS DAR OFFICEI ACTIVITY IAGENCYI FORMSIDOCUMENTSPERSON REQUIRED

RESPONSIBLE

issued in the nameof the claimant, aswell as any existingliens on the currentand previous TaxDeclaration, whereapplicable

• Certification fromthe Clerk of Courtconcerned whetheror not theproperty/iesidentified In theapproved surveyplan is/are coveredby land registrationproceedings or anycivil case, and if thesame has beenused as a bond inother court actions

• Certification fromthe Assessor'sOffice concernedthat per theirrecords, theproperty/ies asappeanng in theApproved SurveyPlan is/are freefrom all liens andencumbrances

• LRA certificationthat the property isnot within anydecreed or titledproperty

• CARP-LAD FormNo. 16 (LandownerInformation Sheet{LOIS} dulyaccomplished andsigned by the LO)

Form15

C.1.b DARMO/ Receive and review the basic •DARPOI documents enumerated underDARROI Item V(C.1.a) of this Order for

DARCO-BLAD completeness and requireother applicable documents •

I ~~der different situations. If~ documents are

----~

CARP-LADNo.(Landowner'sLetter-Offer)CARP-LAD FormNo. 15A (Checklist

II'Lf!- 44

STEPS DAR OFFICEIAGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

C.1.c

C.1.d

DARMOIDARROI

DARCO-BLAD

DARPO

incomplete, require the LO tosubmit the pertinentdocumentls within thirty (30) •days from submission ofLetter-Offer. The applicationshall not be accepted by any •of the receiving offices (i.e.,DARMO, DARPO, DARRO,DARCO-BLAD) until all thebasic documents arecomplied with by the LO.

Forward the dulyaccomplished Letter-Offerfiled by the LO together withcomplete basic documents tothe DARPO of the provincewhere the property is located.

• Upon receipt and.recording of thedocuments forwarded bythe DARMOIDARROIDARCO-BLAD, reviewand evaluate thedocuments applicableunder different situationsas stipulated in CARP­LAD Annex "BH

• Prepare and send to the •concerned LO theAcceptance Letter for VOSduly signed by the PARO.Thereafter, forward to theDARMO a duplicate copyof the Acceptance Letterfor VOS, together with theLetter-Offer and basicdocuments, with thefollowing instruction:

of RequiredDocuments)Same documentsrequired under ItemV(G,1.a)CARP-LAD Annex"B" (List ofDocumentsRequired underDifferent Situations)

CARP-LAD Annex"B" (List ofDocumentsRequired underDifferent Situations)

CARP-LAD FormNo. 17 (AcceptanceLetter for VOS)

CARP-LAD FormNo, 7 (Certificationof PostingCompliance)

a. Post the Letter-Offer •and Acceptance Letterfor VOS for seven (7)days at the barangayand municipallcity hallswhere the property islocated andsubsequently obtainCertification o~-,P--,o""s~ti,,-,n!2.g-"- ~

Y"J/..f- 45

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

Compliance from theproper municipal orbarangay official; and

b. Secure from LO thelatest BIR-filed AuditedFinancial Statementsupported byaccounting recordswhich shall besubmitted by the LOfifteen (15) days priorto the date of fieldinvestigation (FI).

C.1..e DARMO • Comply with therequirements asenumerated under ItemV(C.1.d) of this Order.

• Conduct preliminary field •verification on thelandholding subject of jointfield investigation usingCARP-LAD Form NO.1.

CARP-LAD FormNo. 1 (PreliminaryInformation onLandholdingsValidated andProjected andSubject of JointField Investigation)

C.2 Lands Covered under Compulsory Acquisition (CA)

Same documentsrequired under ItemV(C.1.a) of thisOrder exceptCARP-LAD FormNo. 15(Landowner'sLetter-Offer)CARP-LAD FormNo. 1 (PreliminaryInformation onLandholdingsValidated andProjected andSubject of JointField Investigation)

• CARP-LAD FormNo. 7 (Certification

Based on the Memorandum •to the MARO on the coverageof agricultural lands (for landsalready issued with NOC asof December 10, 2009) orbased on the NOC andposting of the same withinseven (7) days at thebarangay and municipal/city •halls where the property islocated and the issuance ofthe Certification of PostingCompliance by the propermunicipal and barangayofficial (for lands issued withNOC under this Order), theDARMO shall:

DARMOC.2.a

L-~~-.L-- ~ .. ._~~--~--~-~--'-~--~~~~~-

Y'<.fJ- 46

r--------,-----~_~___,~--~-~--

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENT~REQUIRED I

r-----r--------j---;------;----c---,,--~~~_t--_;_----__;c:___,_;____j1. conduct preliminary field of Posting

verification on the Compliance)landholding subject ofjoint investigation usingCARP-LAD Form No.1;and

2. gather basic ownershipdocuments perlandholding as listed inCARP-LAD Form NO.1.

1-----C.3 Lands Covered u~der Voluntary Offer to Sell (V~S) or compulso~Acquisition (CA)

r--C;:O-::.3-.a--- --D:cAC-OR'O:M:-=O~-Tln the case of lands for •

collective distribution,determine, In coordinationwith the Local GovernmentUnit (LGU) - MunicipalAgriculture Office (MAO) andother concerned agencies,whether or not it iseconomically feasible andsound to divide the landbased on the conditions forthe issuance of collectiveCLOA-titles as providedunder Item IV(F)(4.1 to 44) ofthis Order. A correspondingcertification of the LGU-MAOor other concerned agenciesshall be obtained.

If the conditions for collectiveownership so warrant, informthe qualified ARBs of theneed to form a farmers'cooperative/association forpurposes of collectivedistribution of the land tothem, if not yet existing.

In the case of lands that donot meet the conditions forcollective ownership suchlands shall be programmedfor distribution underindividual CLOA-titles.

LGU-MAOcertification onwhether or not landis economicallyfeasible and soundto divide

Y'o<f- 47

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

C.3.b

C.3c

C.3.d

C.3.e

DARMO andSSC

DARMO

DARPO

DAR GeodeticEngineer/Surveyor­Contractor

Proceed with the screeningand selection of potentialARBs and preparation ofmaster list of ARBs pursuantto Item V(D) of this Order.

Simultaneous with the on- •going preparation of the CFrequest the DARPO for landuse, segregation andsubdivision survey servicesfor landholdings subject ofacquisition and distribution.

Receive, record andreview/evaluate the requestfor survey and the documentssubmitted by DARMO. Incase of incompletedocuments, data orinformation, notify theDARMO for appropriateaction.

If the documents, data orinformation are complete andin order, approve the requestfor survey based on thepriority areas of the province,and prepare survey modulesby administration or bycontract in accordance withthe existing guidelines onbidding and award of CARPsurvey projects.

In coordination with the •concerned DARMO, conductactual land use, segregationand subdivision surveys ofthe landholding. Thereafter, •prepare Land Use Map, andSegregation and SubdivisionSurvey Returns, and submitthe same to the DARPO

CARP-LAD FormNo. 18 (Requisitionfor Survey Services{RSS} InvolvingLands forAcquisition andDistribution)

Copy ofSegregation andSubdivision SurveyReturnsCopy of Land UseMap

During the conduct of survey,the DARMO shall ensure thatthe monuments of survey areplanted in the subjectlandhold inn. _L- --L -----l~~~:::.:1t.:...'li L___- -

Y'41-' 48

FORMSIDOCUMENTSREQUIRED

STEPS DAR OFFICEI

IAGENCYIPERSON

RESPONSIBLEI--

C.3.f DARPO

ACTIVITY

• Ensure that the Land Use •Map, and Survey Returns(segregation andSUbdivision) are in order •and complete.

• Submit the SurveyReturns (segregation andsurvey) to the DARRO.

Segregation andSubdivision SurveyReturnsCopy of Land UseMap

C.3.g DARRO Receive, review and evaluatethe Survey Returns andsubmit the same to DENR­LMS for approval.

C3.h DARPO • Forward to DARMOfollowing:

the • Schedule of FieldInvestigation (FI)

C3i DARMO

1. scheduIe of fie Idinvestigation (FI) oflandholdings forbarangays in proximityof each other forpurposes of optimizingtime and resources;

2. Land Use Map; and

3. copy of segregationand subdivision planspending approval atthe DENR-LMS

• Coordinate with the LBPregarding the conduct ofFI, particularly as regardsfailure of LO, if applicable,to submit BIR-filed AuditedFinancial Statement. ThiSis for purposes ofgathering applicableindustry data by the LBPstaff for use during the FL

Upon receipt of thedocuments enumerated In

Item V(C.3.h) of this Order,the following shall be

L~l. L'u~n~d":e~rt~a",ke:::,n,,,: -,--- _

~ 49

~------'---------,,-------------,---------

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

on

Form19

a. Secure from the LO the •latest BIR-filed AuditedFinancial Statementsupported by accountingrecords fifteen (15) daysprior to the date of FI. Incase the LO fails to submitthe said document, issue acertification regarding this.

CARP-LADNo.(CertificationLandowner'sFailure to SubmitBIR-filed AuditedFinancialStatement) or LO'sBIR-filed AuditedFinancialStatementsupported byaccounting records

b. Prepare and submit to •DARPO the correspondingCF containing thefollowing:

-- Basic documentsenumerated in ItemV(C 1.a) of this Order;

- BIR-filed AuditedFinancial Statement orin the absence thereof,certification on LO'sfailure to submit thesaid document;

- CARP-LAD Form NO.1(PreliminaryInformation onLandholding Validatedand Projected andSubject of Joint FieldInvestigation)

- Land Use Map,Segregation andSubdivision Plans stillpending approval; and

- Other pertinentdocuments

CARP-LADNo. 20TransmittalMemorandum)

Form(CF

c. Send notice to Barangay • CARP-LAD FormAgrarian Reform Council No. 21 (Notice to(BARC) and potential Conduct Field

L __~ ~_~A:"R~B",-s"----,a...n",d,----,,in"-v:'it':':e'--':'the L::-O-,,'-L_-"1n-,-v.-=estigation)

~50

FORMSIDOCUMENTSREQUIRED

ACTIVITYSTEPS DAR OFFICEI

AGENCYIPERSON

~-I_R_E_S_P_O_N_S_IB_L_E-+_DI1EEiN~R~'__IL(':G:lUU_M\iAt:iO~"(1.fJ-.----;:;-;-;:::=-:-:-==----~I CARP-LAD FormI necessary) to the No. 22 (Invitation

scheduled fJ·eld Letter to the LO oninvestigation (FI) at least the conduct of FI)fifteen (15) days prior tothe date of the FI.

C.3.j DARPO Receive and review the CFfor completeness of initialdocumentation. If thedocuments, data orinformation are complete,provide a copy of documentsattached in the CF to LBP foruse In the FI. In case ofincomplete documents, dataor information, inform theDARMO for appropriateaction.

Form(Field

CARP-LADNo. 23InvestigationReport)LGU-MAOCertification on thesuitability of land toagriculture, ifnecessary

• DENR Certificationon the slope of theland covered underCARP, if necessary

Conduct FI of the property on •the scheduled date togetherwith representatives of LBP,BARC, LO and potentialARBs, and if necessary, the •DENR and/or LGU-MAO.Thereafter, prepare the FieldInvestigation Report (FIR) andsubmit the same to theDARPO.

DARMO, BARC,LBP, LO,

Potential ARBs

C.3.k

C.31 DARPO If there are discrepanciesbetween the FieldInvestigation Report (FIR)submitted by the DARMO andthe Segregation andSubdivision Plans that arepending approval at theDENR-LMS, coordinate withthe Geodetic Engineer ofDAR/surveyor-contractor toresolve the discrepancies andsubmit the correctedSegregation and SubdivisionPlan to the DARRO.

l-_JL--_-----LI-------~-------f"'L-f- 51

FORMSIDOCUMENTSREQUIRED

ACTIVITY

OENR-LMSC.3n

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

1f-u~·mml-[OltA\j'R~R~O')-+CS~u~bk=m:-:;it----'t:;-h-e--c-o;:;:rre';:c;;it~ed;<t-----------JSegregation and SUbdivisionPlan to the DENR - LandManagement Service (LMS).

Issue to the DARRO theapproved segregation andsubdivision plan withtechnical description

C.3.0 OARRO Upon return by the DENR-LMS of the ApprovedSegregation Plan andApproved Subdivision Plan(ASP), with technicaldescription, forward the sameto the DARPO.

C.3.p DARPO Upon receipt of the DENR- •LMS Approved SegregationPlan and ApprovedSubdivision Plan (ASP) withtechnical description of thesubject property from theDARRO, record and furnishthe OARMO and Assessor'sOffice a copy of the same forreference.

ApprovedSegregation Planand ApprovedSubdivision Planwith TechnicalDescription

..--__-'- .---'- .1-. _

D. IDENTIFICATION, SCREENING AND SELECTION OFAGRARIAN REFORM BENEFICIARIES (ARBs)

(See CARP-LAD Annex "H" for the Process Flow)

DARMOD.1.a

0.1 Identification and Preparation of Preliminary List of PotentialAgrarian Reform Beneficiaries (ARBs)

.~----c-.,-_.--- ------~With the assistance of theDARPO, and in coordinationwith the BARC, or in theabsence thereof, theBarangay Council andconcerned non-governmentorganizations/people'sorganizations (NGOs/POs),undertake informationdissemination on the activitiesfor the identification,

I s~reening and selection of'-- ~s through "bandil~lo:..".l.-__

~ 52

I------r-----,~~--i STEPS DAR OFFICE/ ----,-------~::l

ACTIVITY FAGENCY/ ORMSIDOCUMENTSPERSON REQUIRED

RESPONSIBLE

mobile system, distribution offlyers, farmers' assembly ormeetings and other meanssuch as the use of the tri­media (e.g., radio, localnewspapers, local televisionnetworks).

D.1.b

D.1.c

D.1.d

DARMO

DARMO

DARMO

Gather information on thepotential beneficiaries of thesubject landholding with theassistance of the BARC, or inthe absence thereof, theBarangay Council and allother reliable sources ofinformation in the community,to include pertinentinformation drawn from theinitial OCI/reconnaissanceactivity under Item V(B.1a) ofthis Order, employmentrecords or payrolls in the caseof commercial farms orplantations.

Prepare the preliminary list of •potential ARBs, including thenames of LO's preferredbeneficiaries, if any.

Cause the posting of the •preliminary list of potentialbeneficiaries In the specificlandholding for a period offifteen (15) days in at leastthree (3) conspicuous places:

1. in the respective barangayhalls of the barangayswhere the landholding islocated;

2. in the municipal halls ofthe municipalities wherethe landholding is located;and

CARP-LAD FormNo. 24 (PreliminaryList of PotentialAgrarian ReformBeneficiaries ofCARP)

CARP-LAD FormNo. 24 (PreliminaryList of PotentialAgrarian ReformBeneficiaries ofCARP)

L..--- IL1

~ _L _

/"'4f- 53

!STEPS I DAR OFF/CEIAGENCYIPERSON

. RESPONSIBLE

ACTIVITY

3. In other conspicuousplaces in the community.commercial farm orplantation, as the casemay be.

The preliminary list shall beposted in a bulletin boardshielded from the elementsand with ample space toaccommodate all the namesof the potential ARBs.

The preliminary list of.potential beneficiaries in thespecific landholding shall beaccompanied by informationon the inclusion of thepotential ARBs in thepreliminary list and a generalannouncement written in bothEnglish and the local dialect,enjoining other parties whoare not in the preliminary list.if any, to signify their intent orinterest to the DARMO to beincluded as potential ARBs inthe specific landholding ifqualified. Information shallinstruct the listed potentialARBs and other concernedparties to submit to theDARMO within fifteen (15)days from the last day ofposting of the said list, whichshould be stipulated therein.any or all of the followingdocuments as proof of theiridentity and qualification asan ARB:

a. Community Tax Certificate(cedula) or barangaycertificate indicatingpotential ARBs aspermanent or bonafideresidents of the barangay;

FORMSIDOCUMENTSREQUIRED

CARP-LAD FormNo. 25 (RequestlPetition to beIncluded asPotential ARB 111

the Preliminary Listof Agrarian ReformBeneficiaries)

b. Social Security System(SSS) identification card

l -L ---'-__for farmworkers; __"--- ~ .___J

~54

STEPS DAR OFFICE/AGENCYIPERSON

RESPONSIBLE

ACTIVITY

c. Voter's identification cardor certified copy of voter'sregistration record',

FORMSIDOCUMENTSIREQUIRED

d. Otherdocumentsvalue.

identificationwith probative

e. Certificate of aggregateland owned by the ARBfrom the city/municipalassessor, land titles, taxdeclarations, as the casemay be;

f. Leasehold contract and/orproof of tenancy papers, ifavailable;

g. Employment certificateindicating length of serviceand/or periods ofemployment in thecommercial farm orplantation, if applicable;

h. Payslips or payroll ifapplicable;

L Original or certified copy ofnotice of dismissal orretrenchment forfarmworker beneficiaries;

J. Original or certified copy ofdecision, order or ruling bya court, quasi-judicial bodyor administrative agency inthe event that there was acase related to thedismissal, retrenchment,etc., of the potential ARB;

k. Original or certified copy ofletter of resignation forfarmworker beneficiaries;

'-- l- ---'- an_d. -'-- I

Y"'f- 55

r-~I------' --,__I STEPS DAR OFFICEI ---~--~: AGENCYI ACTIVITY FORMSIDOCUMENTSI PERSON REQUIRED

RESPONSIBLE

1~~~---------rTLCO)tthf];e3rr:-;di;o;rc:;-;u;:;:m;;;e;;:;nt;:ts~w:;hhi;~Chh+-------------Jcan establish thequalifications of thepotential beneficiary in alandholding, commercialfarm, or plantation.

Form26of

0.1.e OARMO After the required fifteen-day •period, obtain a Certificationof Posting Compliance frombarangay/municipal officials,and/or other authorizedofficials in the community,indicating therein the inclusivedays of posting.

CARP-LADNo.(CertificationPostingCompliance for Listof ARBs)

D1.f DARMO • Schedule the conduct of ameeting with potentialARBs in the preliminarylist and those who mayhave signified theirqualification and intent tobe included as farmerbeneficiary in the subjectlandholding, commercialfarm or plantation, whichshall be held not later thanthirty (30) days from thelast day of posting of thePreliminary List of ARBs.

• In the case of commercialfarms, plantations andother landholdingsqualified for collectivedistribution, the scheduleof this meeting must becoordinated with theBeneficiary ScreeningCommittee (BSC) at theDARPO to ensure itspresence and participationduring the meeting withthe potential beneficiariesas provided under ItemV(D.2a) of this Order.

(CARP-LAD FormNo. 27 (InvitationLetter)

DARMO0.1·9 • Send Invitation Letters by •personal service or by

I registered mail with return'---_~ ~ LI__c_ard to pote.-"nc=ti-=.a,I_.'-- _

JAa.,t- 56

II-I-----I~-----------~-STEPS DAR OFFICE/ --------H

AGENCY/ ACTIVITY FORMSIDOCUMENTSPERSON REQUIRED

;--__rR_E_S_P_O_N_S_IB_L_Etb;e;:;;~,;;:;;;;:;;_-;;:;__~~+_____;_::c_:_::=_=_-----1I beneficiaries in the. (CARP-LAD Form

preliminary list and all No. 28 (Generalthose who may have Notice to Allsignified their qualification Interested Parties)and intent for inclusion inthe preliminary listregarding the schedule ofmeeting and post ageneral notice on thesame at the three (3)conspicuous placesenumerated under ItemV(D.1.d) of this Order.

The Invitation Lettersregarding the notice ofmeeting shall state thatthe potential beneficiariesand other concernedparties should bring withthem all pertinent andavailable documentsprovided under ItemV(D.1.d) of this Order asproof of their identity andqualification as an ARB, ifnot yet submitted

• For invitation letters.regarding the schedule ofmeeting served by mail orpersonal service andpositively acknowledgedor received by thepotential ARB and otherconcerned parties, theDARMO shall accomplishItem I of CARP-LAD FormNo. 29 (Proof of Service ofInvitation Letter). as proofof personal service to beplaced on file. In case thepotential ARB refuses toreceive/accept theinvitation letter on notice ofmeeting, the DARMO shallfill-up/accomplish Item II ofthe same form.

(CARP-LAD FormNo. 29 (Proof ofService of InvitationLetter)

"-- --"-- . L-. _

t"-<r- 57

,---,------,----------,------------STEPS DAR OFFICEI

AGENCYIPERSON

I RESPONSIBLE

ACTIVITY FORMSJDOCUMENTSREQUIRED

0.2 Screening and Preparation of Updated Preliminary List of AgrarianReform Beneficiaries (ARBs)

1---c;:;-;:c----,-~-=~~~___,--c____:_-------~--_,_-___:____:_--~-__=_-___10.2.a OARMO • With the assistance of the • CARP-LAD Form

BARC, conduct a meeting No. 30 (Agrarianon the scheduled date with Reform Beneficiarythe potential beneficiaries Application Form)in the preliminary list andother concerned parties, ifany, and undertake thefollowing:

a. Explain in the localdialect, the qualifications,rights, responsibilitiesand obligations of ARBsand the identification andscreening process forARBs;

b. Individually interview allpotential ARBs in thepreliminary list andconcerned parties for thedetermination ofqualifications and theinitial review ofdocuments;

c_ Assist potentialbeneficiary-applicants inaccomplishing theBeneficiary ApplicationForm; and

d. Discuss issues andconcerns onqualifications of potentialARBs in the preliminarylist and those who mayhave signifiedqualification and intentfor inclusion in thepreliminary list.

• In the case of commercialfarms and plantations andlands qualified forcollective distribution, the

L, L L-.J:!B~Si.\:C~rrl'l'lU~s~t___.E.be"'__Jp~r'.':e~s~elln_t,___o,a"_t1-- --: _

~58

STEPS DAR OFF/CEIAGENCY!PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

-----r-~--__i-~---this meeting a;;n:;;:ditta~~k-:::e'th:he:T------------:lead, in coordination withthe MARO, In theaforementioned activitiesenumerated under ItemV(D2.a)(a-d) of this Order.

D.2.b DARMO In close coordination with theBARe, review and evaluatethe potential beneficiaries'application forms vis-a-visdocuments/evidencesubmitted and ensure thatbased on the information fromthe applicant himself or otherpersons and the availabledocuments, the qualificationsprovided in Item IV(E)(1) ofthis Order are met.

D.2.c DARMO If the potential ARBs.evaluated qualify asbeneficiaries, sustain orinclude, as the case may be,their names in the preliminarylist. The potential ARBs whodo not meet the qualificationsprovided in Item IV(E)(1) ofthis Order shall be excludedfrom the preliminary list andinformed accordingly throughpersonal service or registeredmail with return card.

CARP-LAD FormNo. 31 (Notice ofDisqualification asAgrarian ReformBeneficiary)

D.2.d DARMO Prepare an Updated.Preliminary List of PotentialBeneficiaries of CARP forsubsequent ranking andprioritization pursuant toSection 8 of RA No. 9700and Section 22 of RA. No.6657, as amended, and ItemV(D.3.1.d) of this Order, andthe preparation of the masterlist of ARBs.

CARP-LAD FormNo. 32 (UpdatedPreliminary List ofPotentialBeneficiaries ofCARP)

DARMOD.2.e For commercial farms,plantations and otherlandholdings which qualify for

L collective distribution under~__. --'-'.It=e.:c.m:.-:...:IV'_'.(F'_')C'_(4'..:...'-1.-.:to,,--,4.'-4:L)-,o=-,-f-=t~h"i=-sLI .---.J

h.f- 59

Order, DARMO ·-;Shh.a:;l:lI~su-:;b::m::::it~--------Jthe updated preliminary list ofpotential ARBs, together withapplication forms andsupporting documents!evidence, to the BeneficiaryScreening Committee (BSC)through the ProvincialAgrarian Reform Officer(PARO).

ISTEPS

LDAR OFFICE!

AGENCY!PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

D2.U DARMO For landholdings subject toindividual distribution, causethe posting of the updatedpreliminary list of potentialARBs for fifteen (15) days inat least three (3) conspicuousplaces as enumerated underItem V(D.1.d) of this Order:

The updated preliminary listof potential ARBs shallcontain a statement written inboth English and in the localdialect that concerned partiesmay submit to the DARMO apetition for inclusion orexclusion from the said listwithin fifteen (15) days fromthe last day of posting, whichshould be stipulated therein.

Form26of

D.2.1g DARMO Obtain certification of posting •compliance from the propermunicipal and barangayofficials after the fifteen (15)day posting period, indicatingtherein the inclusive dates ofposting.

CARP-LADNo.(CertificationPostingCompliance for Listof ARBs)

-L-.- _

D.3 Selection and Preparation of the Master List of Agrarian ReformBeneficiaries (ARBs)

r~.~.1 Agrari:n Reform Beneficiaries (ARBs) in Landholdings Subject toIndividual Distribution

~I DARMO I After the lapse of the fifteen II

L I I (15) day posting period,~ ~duct a field v..,al,,":id".":a.,.ti":,o,-,-n---,i~n.J.I _

r-r-,a 60

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

the subject landholding on theupdated preliminary list of~RBs to further verify theIdentity and qualifications ofthe potential beneficiary/iestherein.

FORMS/DOCUMENTS )REQUIRED

D.3.1.b

D.3.1.c

O.3.1.d

DARMO

DARMO

DARMO

Re~evaluate the potentialbeneficiaries ;n the updatedpreliminary list of potentialARBs based on the fieldvalidation anddocuments/evidenceavailable.

In case one or more •conditions for disqualificationprovided under Item IV(E)(3)of this Order is present,exclude disqualifiedapplicants from the updatedpreliminary Jist of potentialARBs. Thereafter, send aNotice of Disqualification,citing the reason/s therefor~

through personal delivery orregistered mail with returncard.

• Prepare the master list of •ARBs and prioritize andclassify each qualifiedARB, pursuant to Section22 of R.A. No 6657, as:

a. Agricultural lesseesand share tenants;

b. Regular farmworkers;

c. Seasonal farmworkers;

d. Other farmworkers;

e. Actual tillers oroccupants of publiclands;

CARP-LAD FormNo. 31 (Notice ofDisqualification asAgrarian ReformBeneficiary)

CARP-LAD FormNo. 33 (Master Listof Agrarian ReformBeneficiaries)

~61

!I STEPS DAR OFFICE/

AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

f. Collectives orcooperatives of theabove beneficiaries'and '

g. Others directly workingon the land.

• CARP-LAD FormNo. 33 (Master Listof Agrarian ReformBeneficiaries)CARP-LAD FormNo. 34 (Notice -Master List ofAgrarian ReformBeneficiaries)

• Post the master list ofARBs for fifteen (15) daysin designated areas asprovided in Item V(O.1.d)of this Order. The master •list of ARBs shall beaccompanied by a noticecontaining a statementthat concerned partiesmay file protest on thesaid master list of ARBswithin fifteen (15) daysfrom the last day ofposting.

Form26of

03.1.e OARMO Obtain a certification of.posting compliance from theproper municipal andbarangay officials after thefifteen (15) day postingperiod, indicating therein theinclusive dates of posting.

CARP-LADNo.(CertificationPostingCompliance for Listof ARBs)

0.3.1.f OARMO If no protest is filed within •fifteen (15) days from the lastday of posting of the masterlist, submit the master list ofARBs to the BARC forcertification and LOattestation.

CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification and LOAllestation)

~~ L ~ -L- --1

0.3.2 Agrarian Reform Beneficiaries (ARBs) in Commercial Farms,Plantations and Other Landholdings Qualified for Collective Distribution

-~- --cc--,-----=~c---~ ----c-~-~cc----c--~_:_,--=--=-=__:_c:_::_-=___10.3.2.a BSC Review, verify and validate • CARP-LAD Form

the updated preliminary list of No. 32 (Updatedpotential ARBs submitted by Preliminary List ofthe OARMO through the ARB Potential ARBs ofapplication forms and other CARP)supporting documents, andfinalize the same based on its

~62

STEPS DAR OFFICE!AGENCY!PERSON

I RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

evaluation, fifteen (15) daysfrom receipt of the updatedpreliminary list of potentialARBs from the DARMO.

D.32.b SSC Cause the posting of theupdated preliminary list ofpotential ARBs for fifteen (15)days in at least three (3)conspicuous places asenumerated under ItemV(D.1.d) of this Order:

The updated preliminary listof potential ARBs shallcontain a statement written inboth English and in the localdialed that concerned partiesmay submit to the BSCthrough the PARa, a petitionfor inclusion or exclusion fromthe said list within fifteen (15)days from the last day ofposting, which should bestipulated therein.

Form26of

0.3.2.c BSC Obtain Certification of Posting •Compliance from the propermunicipal and barangayofficials after the fifteen (15)day posting period, indicatingt11erein the inclusive dates ofposting.

CARP-LADNo.(CertificationPostingCompliance for Listof ARBs)

D.3.2.d SSC Schedule the conduct of apublic hearing for petitions forinclusion and exclusion fromthe updated preliminary list ofpotential ARBs, if any. Saidpublic hearing!s shouldcommence no later than thirty(30) days from the last day ofposting of the updatedpreliminary list of potentialARBs.

~63

CARP-LAD FormNo. 35 (Notice ofPublic Hearing)CARP-LAD FormNo. 35-A (General

BSC0.3.2.e Send by registered mail with •return card, Notice of PublicHearing to all potential ARBs,

I

which should also be posted •in at least three (3)

L_~__---'--__~~~~~

rSTEPS

I

D.3.2.f

D.3.2.g

DAR OFFICE/AGENCYIPERSON

RESPONSIBLE

BSC

Bse

ACTIVITY

conspicuous places in thecommercial farm, plantationor landholding qualified forcollective distribution.

Conduct the public hearing/son the scheduled date/s withthose who submitted petitionsor protests on the updatedpreliminary list of potentialARBs or other concernedparties.

Within thirty (30) days after •the conclusion of publichearing/s, evaluate the ARB'squalifications based on theproceedings and documents.

In case one or moreconditions for disqualificationprovided under Item IV(E)(3)of this Order is present,exclude disqualifiedapplicants from the updatedpreliminary list of potentialARBs. Thereafter, send aNotice of Disqualificationciting the reason/s therefor,through personal delivery orregistered mail with returncard.

FORMS/DOCUMENTS IREQUIRED . .-oJ

Notice of Public IHearing)

CARP-LAD FormNo. 31 (Notice ofDisqualification asAgrarian ReformBeneficiary)

D.3.2.h sse Prepare the master list of •ARBs, and prioritize andclassify each qualified ARB,pursuant to Section 22 of R.A.No. 6657, as amended:

a. Agricultural lessees andshare tenants;

b. Regular farmworkers;

c. Seasonal farmworkers;

CARP-LAD FormNo. 33 (Master Listof Agrarian ReformBeneficiaries)

I d. Other farmworkers;

_

I e. Actual tillers or occupants I

of public lands; I

'-_ l-- -L- -----~-

~64

I STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

Form26of

D.3.2.i

D.3.2.j

BSC

BSC

f. Collectives orcooperatives of the abovebeneficiaries;

g. Others directly working onthe land.

Post tile master list In the •same manner and for thesame purpose as providedunder Item V.D.1.d of thisOrder. The Master List of •ARBs should beaccompanied by a noticecontaining a statement thatconcerned parties may fileprotest on the said MasterList of ARBs within fifteen(15) days from the last day ofposting.

Obtain a Certification of •Posting Compliance from theproper municipal andbarangay officials after thefifteen (15) day postingperiod, indicating therein theinclusive dates of posting.

CARP-LAD FormNo. 33 (Master Listof Agrarian ReformBeneficiaries)CARP-LAD FormNo. 34 (Notice ­Master List ofARBs)

CARP-LADNo.(CertificationPostingCompliance for Listof ARBs)

D.3.2.k BSC In case no protest is filedwithin fifteen (15) days fromthe last day of posting of themaster list, transmit themaster list to the DARMO forBARC certification and LOattestation.

• CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification andLO Attestation)

D.321 DARMO In case majority of thequalifying ARBs opt forcollective ownership and thelandholding is not feasibleand sound to divide, based onthe conditions for theissuance of collective titles asprovided under Item IV(F)(4.1to 4.4) of this Order, the

I:0":::,::'" be ""dert"::, I

L- -..l.- ~ organization and _

V¥65

----------r--~------~~-_._~--~--_

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

registration of theassociation or cooperativein coordination with theappropriate governmentagencies, i.e., CooperativeDevelopment Authority(CDA), Securities andExchange Commission(SEC) or appropriate non­government agencies,where applicable.

2. Require the ARBs'cooperative/ association tosubmit the followingdocuments:

~ Board Resolutionauthorizing the specificmemberls of theassociation orcooperative to sign theapplication form onbehalf of theassociation orcooperative; and

-- Articles ofIncorporation and By-Laws of thecooperative orassociation.

3. In the event that there aretwo (2) or morecooperatives orassociations In thelandholding, determine thespecific area to be allottedto each cooperative orassociation by the drawingof lots in the presence ofall part'les concerned.

FORMS/DOCUMENTSREQUIRED

I--__-----"- ~_~_~__· ----.l---------I

D.4 Resolution of Protest in the Selection ofAgrarian Reform Beneficiaries (ARBs)

"[)A.a [potential ARB/s File a written protest for theor Concerned inclusion in or exclusion from

P~a~rt~ie~s~_~t~h~e--,m,,--,-,,:,a-,-,st~e~r~l.:..::is~t-=:o~f-.:A.-=-R~B-=s_w~ith~J-----_---------.J

~66

DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

the DARPO, not later thanfifteen (15) days from the lastday of posting of the masterlist.

DAb PARO In the case of commercialfarms, plantations, andlandholdings qualified forcollective distribution, orderthe BSC to submit allpertinent records/documentsof the case and conduct aninvestigation on the matter

OA.c PARO Resolve the petition/protestwithin thirty (30) days fromreceipt of petition/protestthrough summaryproceedings

DAd PARO Pursuant to his/her decision,instruct the MARO and theBSe, as the case may be, toinclude in the master list thenames of qualified potentialARBs and/or to exclude thedisqualified ARBs.Simultaneously inform allparties concerned of hisdecision through registeredmail or personal service, copyfurnished the MARO.

OA.e OARMO andBSe

Based on the PARO'sdecision and instruction/s,finalize the master list ofARBs for subsequent BARCcertification and LOattestation.

• CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification andLO Attestation)

Transmit finalized master list •of ARBs to the MARO forBARC certification and LOattestation.

BSC CARP-LAD FormNo. 33-A (Master

. List of AgrarianReformBeneficiaries withProvision on BARCCertification and LO IAttestation)

----------'-------------------'--------

OAf

~67

FORMS/DOCUMENTSREQUIRED

ACTIVITYSTEPS I DAR OFFICE/ )AGENCY/ I

PERSON

____L--R~E_SPONSIBLL ___'_ __j

0.5. Barangay Agrarian Reform Council (BARC) Certification and Landowner(LO) Attestation of Master List of Agrarian Reform Beneficiaries (ARBs)

CARP-LAD FormNo. 36 (TransmittalLetter to BARC,Re: Certification ofMaster List ofAgrarian ReformBeneficiaries)

• CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification andLa Attestation)

• CARP·LAD FormNo. 33-A.1 (BARCCertification ofMaster List ofARBs)

-c--~-----,------

Submit to the BARC the •master list of ARBs forcertification, including theconcomitant BARCCertification form (CARP-LADForm No. 33.A.1).

DARMOD.5.a

D.5.b BARC • Upon receipt of the master •list of ARBs and BARCCertification form from theDARMO, the BARCChairman or hisauthorized representative,shall review the master listof ARBs and certify thesame under oath before •an authorizedadministering officer,affixing his/her signatureon the said master list ofARBs and the BARCCertification form, with one(1) witness signing thesame.

CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification and LOAttestation)CARP-LAD FormNo. 33-A.1 (BARCCertification ofMaster List ofARBs)

• Return the certified master •list of ARBs and notarizedBARC Certification to theDARMO within fifteen (15)days from receipt of the

__.L:_s_te_r_l_iS_l. _

CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification and LO

~ 68

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

Attestation)• CARP-LAD Form

No. 33-A.1 (BARCCertification ofMaster List ofARBs)

D.5.c DARMO • Receive and record theBARC-certified master listof ARBs and BARCCertification.

• CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification andLO Attestation)

• CARP-LAD FormNo. 33-A.1 (BARCCertification ofMaster List ofARBs)

CARP-LAD FormNo. 37 (Letter toLO, Re: Attestationof Master List ofARBs)

• CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification andLO Attestation)

• CARP-LAD FormNo. 33-A.2(LandownerAttestation ofMaster List ofARBs)

• Send to the landowner the •BARC-certified master listof ARBs including theconcomitant LandownerAttestation form (CARP­LAD Form No. 33.A.2)Ulrough personal serviceor registered mail withreturn card for attestationof the LO of his/her/theirtenants/lessees/regularfarmworkers.

D.5.d Landowner • Upon receipt of the BARC- •certified master list ofARBs and LandownerAttestation form from theDARMO, attest under oathto the master list of ARBs

I

insofar as his/her/theirshare tenants, lessees

'--__--L L. and/or regular I

CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification and LOAttestation)

~69

FORMSIDOCUMENTSREQUIRED

STEPS DAR OFFICEIAGENCYIPERSON

, RESPONSIBLE

ACTIVITY

farmworkers in the.landholding are concernedby indicating his tenant,lessee and regularfarmworker among thoselisted in the master list ofARBs, affixing hissignature on the same andon the LandownerAttestation form, with one(1) witness signing thesame

I

CARP-LAD Foem INo. 33-A.2(LandownerAttestation ofMaster List ofARBs)

ofof

CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification andLO Attestation)

• CARP-LAD FormNo. 33-A.2(LandownerAttestationMaster ListARBs)

• Return the attested master •list and notarizedLandowner Attestationform to the DARMO withinfifteen (15) days fromreceipt of the same.

ofof

Form33-A.2

D.5.e DARMO • Upon receipt of the LO •attested master list ofARBs and LandownerAttestation on the masterlist of ARBs, proceed withthe preparation of theApplication to Purchaseand Farmer's Undertaking(APFU) In accordance •with Item V(D.7) of thisOrder, if the LO attestedto all the ARBs in themaster list.

CARP-LAD FormNo. 33-A (MasterList of Ag ra rianReformBeneficiaries withProvision on BARCCertification and LOAttestation)CARP-LADNo.(LandownerAttestationMaster ListARBs)

• In cases where the LOdoes not to attest to

I

specific ARBs or to allARBs in the master list of I

L1 ARBs and identifies other

ARBs by substitution I~ I

. ~Laddition whom the 5 _~70

STEPS I DAR OFFIC~AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTS I

REQUIRED

claims are his tenants,lessees or regularfarmworkers, the MAROshall require the LO tosubmit evidencesupporting thequalification of hisidentified ARBs.

Thereafter, submit to the •DARPO a reportregarding the LO's refusalto attest to specific ARBsor to all ARBs in themaster list to which heshall attach thedocuments and otherevidence supporting theARB/s' qualification asshare tenants, agriculturallessees or regularfarmworkers, assubmitted by the LO.

CARP-LAD FormNo. 38 (Report onPartial/Full Non­Attestation/I nactionby the LO of theMaster List ofAgrarian ReformBeneficiaries)

• If the LO returns the •master list to the DARMOwithout attesting to any ofthe ARBs in the said listwithout commentwhatsoever, or does notact at all upon the masterlist of ARBs after fifteen(15) days from receipt ofthe same, submit to theDARPO a report regardingthe matter.

CARP-LAD FormNo. 38 (Report onPartial/Full Non­Attestationllnactionby the LO on theMaster List ofAgrarian ReformBeneficiaries)

DARPOD.5.f In case of inaction or refusalof the LO to attest to themaster list of ARBs, instructthe DARMO to proceed withthe preparation of the APFUin accordance with ItemV(D.7) of this Order. The rightof the LO to attest to themaster list of ARBs in so faras the tenants, lessees andregular farmworkers in his/her

~landhOldingS are concerne,d isdeemed waived if he fails to

~,__.__.L . act upon the master list of~~_. ~

Y"1f' 71

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

ARBs within fifteen (15) daysfrom receipt thereof, and themaster list of ARBS becomesfinal and executory pursuantto Item IV(E)(10) of thisOrder.

FORMS/DOCUMENTSREQUIRED

CARP-LAD FormNo. 39 (Letter toBARe for theConduct ofCompulsoryArbitration)

0.6 Resolution of Landowner (LO) Partial or Full Non-Attestation ofTenants, Agricultural Lessees or Regular Farmworkers

in the Master List of Agrarian Reform Beneficiaries (ARBs)

..--,-----,-----=-=--=-=~-__,___:__=_::_~_____=_=c_-~::c:____,___--~---,-------------i

0.6.a PARO Within fifteen (15) days fromreceipt of the report from theOARMO of the partial or fullnon-attestation of the LO tothe master list of ARBs andhis substitution or addition ofother ARBs whom the LOclaims to be his tenants,lessees or regularfarmworkers, conduct arevalidation on thequalifications of the ARBs inthe master list and thosesubmitted by the LO either assubstitutes or additions.

Should the PARO sustain themaster list prepared by theMARO and certified to by theBARC subsequent to hisrevalidation of ARBqualifications, return the sameto the DARMO with aninstruction to prepare theAPFUs In accordance withItem V(D.7) of this Order.

If based on the PARa's •revalidation, there is possiblemerit to the LO's partial or fullnon-attestation of the masterlist, and to the qualification ofother ARBs whom the Laclaims to be his tenants,lessees or regularfarmworkers, the PARO shallinstruct the BARe to conductcompulsory arbitration toresolve the matter and to.------'-----

~ 72

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

make a determination of thequalifications of the ARBswho were not attested to bythe La ViS-a-VIS thequalifications of the ARBssubstituted or added by theLa as his alleged tenants,lessees or regularfarmworkers, or those whowere simply repudiated by theLa as his tenantsllesseeslregular farmworkers.

FORMSIDOCUMENTSREQUIRED

D.6.b

D.6.c

BARC

PARa

• Within thirty (30) daysfrom receipt of theinstruction from the PARa,conduct a compulsoryarbitration to resolve thematter and make adetermination of thequalifications of the ARBswho were not attested toby the La vis-a-vis thequalifications of the ARBssubstituted or added bythe Las as his allegedtenants, lessees or regularfarmworkers or those whowere simply repudiated bythe La as histenants/lesseeslregularfarmworkers.

• Submit a report of its •findings and includetherein all the pertinentdocuments to the PARawithin five (5) days afterthe completion of the •compulsory arbitration.

• Within fifteen (15) days •from receipt of the reportand findings of the BARCon the compulsoryarbitration, the PARa shallundertake an evaluation ofthe BARC report andrender his decision.

CARP-LAD FormNo. 40 (BARCReport of Findingson the CompulsoryArbitration)PertinentDocuments

CARP-LAD FormNo. 40 (BARCReport of Findingson the CompulsoryArbitration)

L-__-'---- -----l L- ---.J

t'""-f- 73

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

• Should the PARO's.decision affirm the ARBs inthe BARC certified masterlist, return the same to theDARMO with an instructionto proceed with thepreparation of the APFU inaccordance with ItemV(D.7) of this Order.

CARP-LAD FormNo. 33-A (MasterList of AgrarianReformBeneficiaries withProvision on BARCCertification and LOAttestation)

• If the PARO's decision •fully or partially sustainsthe LO's partial or full non­attestation of the masterlist of ARBs and hissubstitution or addition ofother potential ARBs, heshall finalize the masterlist of ARBs andthereafter, forward thesame to DARMO with theinstruction to proceed withthe preparation of theAPFU in accordance withItem V(D.7) of this Order.

CARP-LAD FormNo. 41 (Master Listof Agrarian ReformBeneficiaries asFinalized by thePARO perResolution on LONon-Attestation)

CARP-LAD FormNo. 41 (Master Listof Agrarian ReformBeneficiaries asFinalized by thePARO perResolution on LONon-Attestation)

• CARP-LAD FormNo. 42 (Applicationto Purchase andFarmer'sUndertaking{APFU})

Based on the master list of •ARBs finalized by the PARO,prepare the APFU for signingof the ARBs in accordancewith Item V(D.7) of this Order.

DARMOD.6.d

0.7 Preparation of the Application to Purchase andFarmer's Undertaking (APFUj

I_--==-=__,--_~=_~_~~~ .----.---~~-~=-=--c-:-=_____=-~D.7.a DARMO Upon receipt of the BARC • CARP-LAD Form

certified and LO-attested No. 42 (Applicationmaster list of ARBs or the to Purchase andmaster list of ARBs finalized Farmer's

~ 74

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

by the PARO, undertake thefollowing:

1. Prepare the APFU;

2. Coordinate with a citylmunicipal judge on theschedule for the swearingunder oath of the APFU bythe ARBs; and

3. Notify the qualified ARBsof the subjectlandholding/s by personalservice or registered mailwith return card regardingthe schedule of a meetingwith the DARMO on theAPFU, and if applicable,the signing and swearingto under oath of the APFUbefore a judge on the saiddate.

FORMSIDOCUMENTSREQUIRED

Undertaking{APFU})

• CARP-LAD FormNo. 43 (Letter toARBs Regardingthe Schedule of theAPFU Signing)

D.7.b DARMO Conduct meeting with theARBs on the scheduled dateto:

1. Explain the following:

1.1 Importance,necessity andsignificance ofaccomplishing andsigning the APFU inthe acquisition anddistribution of landscovered by CARP;

1.2 Contents of theAPFU, I.e.,willingness to workon the land to make itproductive, obligationto pay landamortization and landtaxes thereon; and

1.3 Requirement to havethis signed and swornto under oath before

NfL 75

ISTEPS

D.7.c

DAR OFFICE!AGENCY!PERSON

RESPONSIBLE

ARB/s

ACTIVITY

a city or municipaljudge.

2. Cause the signing andswearing to under oath ofthe AFPU by thebeneficiaries before a city/municipal judge.

• Attend the meetingscheduled by the DARMOon the APFU.

FORMSIDOCUMENTSREQUIRED

D.7.d DARMO

• Sign and swear to the •APFU under oath before acity or municipal judgeduring the designatedschedule per ItemV(D.7.b) of this Order.

• In case the concerned •ARB fails to attend thescheduled meeting orrefuses to sign the APFUduring the meeting, issuea letter to be duly receivedby the ARB, or send a •notice to the absent ARBinforming that they havethirty (30) days fromreceipt of the letter ornotice, as the case maybe, to report to theDARMO and to sign theAPFU. The said letter ornotice shall state thatARB's failure to executeand sign the APFU withinthe prescribed period shallconstitute a waiver of rightto become an ARB.

CARP-LAD FormNo. 42 (Applicationto Purchase andFarmer'sUndertaking)

CARP-LAD FormNo. 44 (Notice toAbsent ARB Re:Waiver of Rights asan ARB for Failureto Sign the APFU)CARP-LAD FormNo. 45 (Letter toPresent ARB Re:Waiver of Rights asan ARB for Failureto Sign the APFU)

D.7.e DARMO After the APFUs have beensigned and sworn to underoath by the ARB/s, record andtransmit the same to theDARPO for inclusion in theclaim folder. Simultaneously,the MARO, with theassistance of the BARe shallundertake the activ,-"it"'ie:""s'--L _

1I'l..(L- 76

STEPS DAR OFFICE/lAGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

necessary for the ARBcarding and identificationsystem pursuant to DAR A.O.No. 03, Series of 2008.

D.l.f MARO • In case the qualified ARBfails to report to theDARMO within thirty (30)days from receipt of Jetteror notice on the waiver ofrights as an ARB if APFUis not signed and sworn tounder oath within theprescribed period pursuantto Item IV(E.16) of thisOrder, the DARMO shallidentify and select otherqualified ARB/s asreplacement givingconsideration to thedesisting ARB's immediatefarm household member/s,if qualified, in accordancewith Item IV(F)(1.2) of thisOrder.

• In the case of commercial •farms and plantations,prepare a report on theARB's failure or refusal tosign the APFU and sendthe same to the BSe,through the DARPO, foridentification and selectionof another qualified ARBas replacement.

CARP-LAD FormNo. 46 (Report onthe ARB's Failureor Refusal to SignAPFU)

E. REVIEW, EVALUATION AND PROCESSING OF CLAIM FOLDERS (CFs)(See CARP-LAD Annex ''I'' for the Process Flow)

CARP-LAD FormNo. 23 (FieldInvestigationReport)ASPLand Use MapCARP-LAD FormNo. 42 (Application

DARPOE.1 I. Attach the Field.Investigation Report (FI R),ASP, land use map, APFUand Land DistributionInformation Schedule.(LOIS) to the claim folder •(CF) for verification and •evaluation by the OAR-

L--__---'- ~__

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

LBP-Pre-Processing Unit(PPU).

to PurchaseFarmer'sUndertaking)

• CARP-LADNo. 47DistributionInformationSchedule)

and

Form(Land

E.2 DAR-LBP- PPU • Verify and evaluate the •CF. If found sufficient andcomplete, preparechecklist of requireddocuments in theprocessing of claim folderand correspondingrecommendation on the •matter, and forward thesame to DARPO forappropriate action.Otherwise, facilitate thecompletion of thedata/documents.

CARP-LAD FormNo. 48 (Checklist ofRequiredDocuments withRecommendationSigned Jointly bythe DAR-LBP-PPU)CF

E3 DARPO • Based on the.recommendation of theDAR-LBP-PPU, preparerequest to value the landand forward the same,together with the CF toLBP-AOC.

CARP-LAD FormNo. 49(MemorandumRequest to ValueLand)

F.1.a

F. LAND VALUATION AND COMPENSATION(See CARP-LAD Annex "J" for the Process Flow)

F.1 Determination of Land Value

LBP-AOC'- Acknowledge receipt~ LBPfrom the DARPO. .. _. I Acknowledgement

F.1.b LBP-AOC • Determine the land value. •If the land value exceeds •the approving limit of theLBP-Agrarian OperationsCenter (AOC)/RegionalHead, forward the CFusing the LBP TransmittalLetter, together with the

CFLBPLetter

Transmittal

~ 78

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

determined land value ofthe subject landholding, toLBP-Head Office (HO) forfurther evaluation andapproval.

• Furnish the DARPO a • Copy of LBPcopy of its Transmittal Transmittal LetterLetter to LBP-HO, forreference.

Form50of

F.1.c LBP-AOC/HO Upon completion of the land •valuation of the landholding,prepare and sendMemorandum of Valuation(MOV) with Land Valuation •Worksheet (LVW) to DARPO.

CARP-LADNo.(MemorandumValuation)Land ValuationWorksheet

F.1.d DARPO Receive and review the MOVwith LVW from LBP andundertake the following:

CARP-LAD FormNo. 51 (Notice ofLand Valuation andAcquisition)CARP-LAD FormNo. 50(Memorandum ofValuation) withLand ValuationWorksheet

• CARP-LAD FormNo. 52 (LO's Replyto NLVA)

a. Prepare and send the •Notice of Land Valuationand Acquisition (NLVA) toLO together with copies ofthe MOV, LVW and LO's •Reply Form throughpersonal service with proofof receipt or by registeredmail with return card;

b. Send a copy of the NLVA •to DARMO for posting forseven (7) days at thebarangay andmunicipal/city halls where •the property IS located.Thereafter, the DARMOshall obtain a Certificationof Posting Compliancefrom proper municipal orbarangay official; and

CARP-LAD FormNo. 51 (Notice ofLand Valuation andAcquisition)CARP-LAD FormNo. 7 (Certificationof PostingCompliance)

~ 79

STEPS DAR OFFlc~r/AGENCY/PERSON

RESPONSIBLE

ACTIVITY l FORMSIDOCLIMENTSI REQUIRED

F.1.e DARPO Prepare and send to LBP the •Order to Deposit LOCompensation.

CARP-LAD FormNo. 53 (Order toDeposit LO.Compensation)

F.1.f LBP-AOC/HO • L1pon receipt of the Order •to Deposit, issue aCertification of Deposit(COD), pre-numbered perregion, to DARPO.

CARP-LADNo.(CertificationDeposit)

Form54of

• Notify the LO regardingthe Certification of Deposit(COD) issued to DARPO,including therein the LBPChecklist of Pre-PaymentRequirements for Releaseof Claims.

• LBP Notification toLO on CODIssuance

• Checklist of pre­paymentrequirements forrelease of claims

F.1.g DARPO Receive the Certification of •Deposit (COD) from LBP­AOC/HO.

CARP-LADNo.(Certifica tionDeposit)

Form54of

F.1h LO Within thirty (30) days from •receipt of the NLVA, sendreply on the same to DARPOusing CARP-LAD Form No.52

CARP-LAD FormNo. 52 (LO's Replyto NLVA)

CARP-LAD FormNo. 52 (LO's Replyto NLVA)

• CARP-LAD FormNo. 55 (Transmittalof LO's Reply toNLVA)

In case the LO fails to replywithin thirty (30) days fromreceipt of the NLVA, notify theLBP on the matter.

Receive and forward LO's •reply to LBP on whether theland value is accepted orrejected by the LO

DARPOF.1i

F.1.j LO Submit to LBP-AOC/HO the •documents required forpayment of compensationclaim

Requireddocumentspaymentcompensationclaims

forof

1------ .-1-. _

F.2 Compensation to Landowner (LO)

-----------------..- ---

~80

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY FORMSJDOCUMENTS !REQUIRED

F.2.1 Landowner (LO) Accepts the Land Valuation

F.2.1.a

F.2.1.b

DARPO

ROD

Forward the Certification of •Deposit to the ROD togetherwith the ASP and TechnicalDescription of thelandholding, and request for •the: (1) cancellation of LO'stitle for the landholdingcovered by CARP; (2)Issuance of TransferCertificate of Title (TCT)/Original Certificate of Title(OCT) in the name of RP; and(3) issuance of title to theLO's retained area if stillapplicable per Item V(B.1.e)of this Order.

Issue TCT (for titled lands) or •OCT (for untitled lands) in thename of RP and forward theOwner's Duplicate Certificateof RP Title to DARPO. •Likewise, issue TCT for theLO's retained area and sendthe Owner's DuplicateCertificate (ODC) of title toLO.

CARP-LAD FormNo. 56 (Request toIssue TCT/OCT inthe Name of RP)CARP-LAD FormNo. 54(Certification ofDeposit)

Owner's DuplicateCopy of TCT/OCTin the name of theRPOwner's DuplicateCopy of TCT/OCTin the name of theLO

F.2.1.c DARPO Receive and record theOwner's Duplicate Certificateof RP Title from the ROD andfurnish a certified photocopyof the same to the LBP­AOC/HO and the DARRO

• CARP-LAD FormNo. 57 (Transmittalto LBP of Copy ofRP Title)

F21.d LBP-AOC/HO Upon receipt of a certifiedphotocopy of ODC of RP Titlefrom DARPO and complianceof all pre-paymentrequirements by the LO,undertake the following:

a. Accomplish the LBP. LBP PaymentPayment Release Form; Release Formand

I~~__~ L--r<--p-Bl

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

b. Pay the concerned LO andmortgagee-bankslcreditors, if encumbered.

FORMS/DOCUMENTSREQUIRED

F.2.2 Landowner (LO) Rejects Land Valuation or Fails to Respond

Form54of

F.2.2.a

F.2.2.b

LBP-AOC/HO

DARPO

• Receive LO's reply.rejecting the land valuationor notice of LO's failure toreply within thirty (30) days •from receipt of the NLVAfrom the DARPO.

• Forward a copy of the •Certification of Deposit tothe ROD together with theASP, and TechnicalDescription of the.landholding, and requestfor the: (1) cancellation ofLO's title for landholdingcovered by CARP; (2)issuance of TCT/OCT inthe name of RP; and (3)issuance of title for theLO's retained area.

• Advise the Regional.Agrarian ReformAdjudicator (RARAD)IProvincial Agrarian •Reform Adjudicator(PARAD) to conductsummary administrativeproceedings in view of theLO's rejection of the value •offered for his/her land orLO's failure to reply to theNLVA within the thirty-dayprescribed period uponreceipt of the same. Acopy of LO's RejectionLetter and/or NLVA, as thecase may be, shall beattached to CARP-LADForm No. 58 (Advice toPARAD/RARAD).

CARP-LAD FormNo. 52 (LO's Replyto NLVA)CARP-LAD FormNo. 55 (Transmittalof LO's Reply toNLVA)

CARP-LADNo.(CertificationDeposit)CARP-LAD FormNo. 56 (Request toIssue TCT/OCT inthe name of RP)

CARP-LAD FormNo. 58 (Advice toPARAD/RARAD)Copy of CARP-LADForm No. 52 (LO'sReply to NLVA) orproof of service ifno replyCopy of CARP-LADForm No. 51(Notice of LandValuation andAcquisition)

~82

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

F.2.2.c ROD Issue TCT/OCT in the name •of RP and forward theOwner's Duplicate Certificateof RP Title to DARPO.Likewise, issue TeT/OCT for •the LO's retained area andsend the Owner's DuplicateCertificate of title to LO.

Owner's DuplicateCopy of TCT/OCTin the name of theRPOwner's DuplicateCopy of title in thename of the LO

F.2.2.d DARPO Receive and record theOwner's Duplicate Certificateof RP Title from the ROD andfurnish a certified photocopyof the same to the LBP­AOC/HO and the DARRO.

F.2.2.e PARAD/RARAD Simultaneous with theissuance of TCT/OCT in thename of RP, conductsummary administrativeproceedings, render adecision and inform partiesconcerned on the matter inaccordance with DARABRules and Procedures, copyfurnished the DARPO andDARRO.

F.2.2.f LO/LBPIDARPO • In case the LO orLBP/DAR rejects theDARAB decision, the LOor LBP/DAR files a landvaluation case with theSpecial Agrarian Court(SAC) within thereglementary period offifteen (15) days

• Should the decision attainfinality, DARPO/LBP/LOmoves for issuance of Writof Execution Inaccordance with theDARAB Rules andProcedures.

Should the LO opt toaccept either the originalor recomputed value by

I

the LBP, he shall somanifest in writino and

---~~~~-

~63

STEPS DAR OFFICE!AGENCY!PERSON

RESPONSIBLE

ACTIVITY

pray for a resolution basedon the same.

• Forward to LBP theoriginal copy of theCertificate of FinalitylWritof execution. Thereafterthe LBP followsprocedures In ItemV(F.2.1.d) of this Order.

FORMSIDOCUMENTSREQUIRED

G. PREPARATION AND PROCESSING OFLAND DISTRIBUTION FOLDER (LDF)

(See CARP-LAD Annex "K" for the Process Flow)

undercopy

the

G1

G.2

G.3

DARPa

DARMO

DARMO

Upon receipt of the LBP's •Certification of Deposit (COD)and Owner's DuplicateCertificate of RP title fromROD, the PARO shall directthe Municipal Agrarian ReformOfficer (MARO) to takepossession of the land andproceed with the preparationof the Land Distribution Folderof the subject land, attachingall the required documentation •relative to the transfer of theland to the Government of the •Philippines (GOP), and theLBP's COD. The La shall be •furnished a copy of thePARa's memorandum to theMARa (CARP-LAD Form No.59).

Upon receipt of the PARO'smemorandum directinghim!her to take actualpossession of the landholdingand the related documentsforwarded by the DARPa,record the same.

Based on the master list, •APFU, and ASP, send a letterto each qualified ARBinforming him!her of the landallocated as his!her area ofaward under CARP, or to the

CARP-LAD FormNo. 59 (PARO'sDirective to theMARa to TakeActual and PhysicalPossession of theLandholdingAcquiredCARP),furnishedlandownerCertified ODC ofRP titleCertified Copy ofDeed of TransferCertified Copy ofCertification ofDeposit from LBP

CARP LAD FormNo. 60 (Letter toQualified ARBAllocating Area ofAward)

~84

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY

ARB cooperative associationin the case of commercialfarms, plantations and otherlands for collectivedistribution, informing it on thesame.

'II FORMSIDOCUMENTSREQUIRED

GA DARMO Prepare and forward the Land •Distribution Folder (LDF) tothe DARPO. The LDF shallcontain the copies of thefollowing documents on file at •DARMO:

a Master list of ARB/s of thesubject landholdingcertified by the BARC andattested by LO or passedupon by the PARO in sofar as the tenants, lesseesand regular farmworkersare concerned;

b. Application to Purchaseand Farmer's Undertaking(APFU)

c. Duly received QOPy of theletters to qualified ARBsallocating area of award;

d. DENR-LMS ApprovedSurvey Plan (ASP);

e. Copy of the TCT/OCT inthe name of the Republicof the Philippines; and

f. LDF TransmittalMemorandum.

LDF containing thedocuments asstipulated under theactivityCARP LAD FormNo. 61 (LDFTransmittal Memo)

H. GENERATION, REGISTRATION AND ISSUANCE OF CERTIFICATES OFLAND OWNERSHIP AWARD (CLOAs)

(See CARP-LAD Annex "L" for the Process Flow)

H.1 DARPO Upon receipt from DARMO of • LDFthe LDF pursuant to ItemsV(GA) of this Order, review alldocuments contained in theLDF to ensure that these are

~ 85

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY

complete and in order. In caseof incomplete documents,require the DARMO to submitthe pertinent documents withinseven (7) days from receipt ofinstructions from DARPO.

FORMSIDOCUMENTSREQUIRED

H.2

H.3

DARPO

DARPO

In case ARBs opt for • Judicial Formscollective ownership and it is • CLOA-Titlesnot feasible/sound to dividethe landholding, generate acollective CLOA (Original andOwner's Duplicate Certificate)for the landholding in favor ofthe ARBs' cooperative orassociation, wherein allnames of the ARBs, followingthe lead name on the face ofthe certificate of title, shall betypewritten on the succeedingpages of the title, with eachname numberedconsecutively, from ''1''onwards, alphabeticallyarranged and reflecting thecomplete names (given,middle & surnames) of theARBs. After the lasttypewritten name of ARBs,and immediately below ademarcating line, the words"nothing follows" shall betyped.

In the case of individualownership, generate a CLOA(original and owner'sduplicate) in the name ofeach ARB, based on existingguidelines on the generationof CLOA.

Ensure that all CLOAs shallcontain the followingannotation of lien in favor ofthe LBP stipulating thefollowing:

ANNOTATION

The parcel of land described

~86

STEPS DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITY

in this CLOA is encumberedin favor of:

LAND BANK OF THEPHILIPPINES

to ensure full payment of itsvalue pursuant to RA No.6657, as amended, by theagrarian reformbeneficiaries/farmers'cooperative or farmers'association named herein

Date _

Provincial Agrarian ReformOfficer.

The PARO shall affix his/herinitial on all copies of theCLOA (original owners andco-owners duplicatecertificates).

FORMSIDOCUMENTSREQUIRED

HA

H.5

H.6

DARPO

DARPO

DARRO

Prepare the corresponding •Judicial Forms UtilizationWorksheet in accordance withthe systems and proceduresfor the requisition, issuance,utilization and accounting ofCLOA Judicial Forms.

Keep on file the LDF.containing the supporting.documents and forward the •generated CLOA includingJudicial Forms UtilizationWorksheet to DARRO.

Review and validate the •generated CLOAs. If in order,the Regional Director shallaffix his/her initial on allduplicate copy of the CLOAsoriginal owner's or co-owner'scopy. In case ofinconsistencies andincomplete data orinformation, notify the DARPOfor appropriate action.

CARP-LAD Annex"C" (Judicial FormsUtilizationWorksheet)

LDFGenerated CLOAsCARP-LAD Annex"C" (Judicial FormsUtilizationWorksheet)

Generated CLOAs

~87

STEPS DAR OFFICE!AGENCY!PERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

H.7 DARRO Return erroneously generatedCLOAs to DARPO forcorrection, together withpertinent documents. Onlyerror-free CLOAs shall berecommended for signature ofthe Secretary pursuant toexisting guidelines on judicialforms and signing and sealingmachines.

Signed and sealedCLOAsCARP-LAD FormNo. 62 (TransmittalMemorandum Re:Registration ofCLOA)

• CARP-LAD Annex"0" (Signing andSealing MachineUtilizationRecording andReporting Sheet)

Forward signed and sealed •CLOAs and the correspondingrecording sheet with.transmittal memorandum toDARPO for registration.

DARROH.8

H.9 DARPO Upon receipt from the DARROof the signed and sealedCLOA, the following shall beundertaken:

1. Record signed and sealedCLOAs and enter thesame In the CLOARegistry Book of theRegistry of Deeds (ROD)maintained in the DARPO;and

2. Forward the signed and •sealed CLOAs to the RODfor registration.

Signed and SealedCLOAs/ Titles

H.10 ROD Subsequent to the registrationof CLOA, release the originalOwner's Duplicate Copy(ODC) of CLOA-Titles to LBP­AOC.

~88

STEPS DAR OFFICEIAGENCYIPERSON

RESPONSIBLE

ACTIVITY FORMSIDOCUMENTSREQUIRED

H.11

H.12

LBP-AOC

DARPO

Receive the original ODC ofCLOA-Title and provide two(2) certified true copies ofeach CLOA closely simulatingthe appearance, color andpaper of the same, to DARPOand the ARBs or the ARBscooperative/association in thecase of collective CLOAs. TheODC of CLOA-title shall bereleased to the ARBs upon fullpayment of their amortizationson the land.

• Upon receipt of the •original LBP certified truecopies of the ODC ofCLOA-Titles from LBP­AOC, record title numberand date of registration inthe CLOA Registry Book.

• In the case of collectiveCLOAs, reproduce andcertify the copy for eachmember of the ARBcooperative/ association.

• Transmit to the DARMO a •copy of the LBP certifiedtrue copies of the ODC ofCLOA-Titles (in case ofindividual CLOAs) or copy •of the LBP certified truecopies of the ODC ofCLOA-Titles and thecertified photocopy of thesame (in case of collectiveCLOAs) for distribution toARBs.

• Retain a copy of theoriginal LBP certified truecopies of ODC of CLOAtitles, a copy for DARPO'sfile and reference.

Original LBPcertified true copiesof the Owner'sDuplicate Copy(ODC) of CLOA­Titles

Original LBPcertified true copiesof the ODC ofCLOA-TitlesPhotocopy of thecertified true copiesof the ODC ofCLOA-Titles

~89

I STEPSI

DAR OFFICE/AGENCY/PERSON

RESPONSIBLE

ACTIVITYFORMS/DOCUMENTS I

REQUIRED

Il. ISSUANCE OF CERTIFICATE OF LAND OWNERSHIP AWARD

(CLOA-TITLE)(See CARP-LAD Annex "M" for the Process Flow)

1.1 DARMO SUbsequent to the receiptfrom the DARPO of thecertified true copy of the ODCof CLOA-Title and certifiedphotocopies of the same, incase of collective CLOAs,undertake the following:

1. Record ODC ofTitle;

CLOA- • Certified truecopies of ODC ofCLOA-Title

2. Distribute LBP certified •true copies of ODe ofCLOA-title to the individualARB or the ARBs'cooperative/association,as the case may be;

3. In the case of collectiveCLOAs, furnish each ofthe ARB cooperative/association members acertified photocopy of theODe of CLOA-Title;

4. Assist ARBs in securingthe corresponding TaxDeclaration from theAssessor'slTreasurer'sOffice at the time theCLOA-Title is distributed;and

Certified truecopies of ODe ofCLOA-Titles

5. Maintain a Record Book of • AlnRdeBxSall CLOA-titles issuedwithin the municipality andreceived by the ARBs, andprepare index cards foreach of the ARBs/ARBcooperatives/associations.

Card of

L_~ -L~ ..--L _

~90

STEPS DAR OFFICE/ACTIVITY

FORMS/DOCUMENTS IAGENCY/PERSON REQUIRED I

RESPONSIBLE

J1.2 DARMOFor purposes of monitoring • CARP-LAD Formand the data base, prepare No. 63 (Monthlyand submit to the DARPO a

Report on CLOAmonthly report on CLOAts Distributed)distributed to ARBs usingCARP-LAD Form No. 65.

J. INSTALLATION OF ARB CLOA-TITLE HOLDERS(See CARP-LAD Annex "N" for the Process Flow)

J.1 DARMO Upon receipt by the ARBs ofthe certified true copy of ODCCLOA, conduct abriefing/orientation with theconcerned ARBs to:

1. explain the rights andresponsibilities of theARBs as the "new"landowners, and ensurethat they understand thatthey are empowered and itis incumbent upon them,even without theassistance from the DAR,to assert their rights at alltimes to have peacefuland productive possessionof the land; and

2. inform them that they maytake physical and actualpossession of the landawarded to them underCARP, and they shall startpaying Real PropertyTaxes to the LGU -Municipal Assessor'sOffice and the landamortization payments tothe LBP one (1) year fromthe date of CLOAregistration or if theoccupancy took place afterthe CLOA registration, one(1) year after the ARB'sactual occupancy of theland.

~91

FORMS/DOCUMENTSREQUIRED

ACTIVITYSTEPS DAR OFFICEJ

AGENCYJPERSON

RESPONSIBLE

1------,-----I----DAAMO~~~Ar::;r;;_~~~-~--~J.2 DARMO In case the ARB is unable to --

take possession of the subjectland, or in the case ofcontentious landholdings, thefollowing shall be undertakensUbsequent to the conduct ofbriefing/orientation toconcerned ARBs under ItemJ.1.1 of this Order:

1. Invite the concerned.ARB/ARBs'representative, BarangayAgrarian Reform Council(BARe) Chair, or in theabsence thereof, theBarangay Council, Non­GovernmentalOrganizations/People'sOrganization (NGOs/POs), and other support orinterest groups to aninstallation planning.conference/meeting;

CARP-LAD FormNo. 64 (Invitation tothe ARB InstallationPlanningConference/Meeting for ARB,CLOA-TitleHolders,BARC/Brgy.Council,NGOs/POs/OtherSupport Groups)CARP-LAD FormNo. 65 (Invitation tothe ARB InstallationPlanningConference/Meeting for Co­Owners/CollectiveARB CLOA-TitleHolders)

2. With the assistance of arepresentative from theDARPO, conduct aninstallation planningconference/meeting withthe abovementionedstakeholders to:

- Define and clarify theresponsibilities androle of the partiesinvolved in theinstallation process;

- Determine theschedule of installationof the concernedARBs; and

~92

STEPS DAR OFFICEIAGENCY/PERSON

RESPONSIBLE

ACTIVITY

~ Determine thenecessity of police~nd/or military supportIn the installationprocess.

3. If deemed necessary, •request the DARPO tocoordinate with the DILG­PNP and DND-AFP toprovide assistance in thephysical installation ofconcerned ARBs.

FORMS/DOCUMENTSREQUIRED

CARP-LAD FormNo. 66 (Request forAssistance of theDILG-PNP/DND-AFP in theInstallationProceedings)

J.3

J.4

DARPO

DARMO

Upon receipt of the requestfrom the DARMO, thefollowing shall be undertaken:

1. Prepare and send a letter •duly signed by the PAROto the DILG-PNP or theDND-AFP requesting forassistance in the physicalinstallation of ARB/s in thesubject landholding;

2. Provide the DILG-PNP/DND-AFP the necessaryinformation/background ofthe installation process;

3. Furnish a copy of the •approved request fromDILG-PNP or DND-AFPon the physical installationof ARB/s and instruct theDARMO to proceed withthe physical installation ofARB/s.

Upon receipt of approvedrequest from the DILG-PNP/DND-AFP andinstruction from the DARPO,undertake the following:

CARP-LAD FormNo. 67 (PARD'sRequest for D1LG­PNP/DND-AFPAssistance in theInstallation of theARB CLOA-TitleHolders)

Approved Requestfrom DILG­PNP/DND-AFP

1. Inform theARBs on thedate ofproceedings

concerned I •

scheduledinstallation I

on the

CARP-LAD FormNo. 68-A (Notice toQualified ARBs II

{For Co-Owners/

~ 93

DAR OFFICE!AGENCYJPERSON

RESPONSIBLE

ACTIVITY FORMS/DOCUMENTSREQUIRED

awarded land as ----;a~-g~:::re=-e::-:d::Jt--;c~o-;I;-le~c-:-;-tiv~e--C~LO-A--.l-

upon during the planning Title Holders})conference/meeting; • CARP-LAD Form

No. 68-B ( Notice toQualified ARBs{For Individual ARBCLOA-TitleHolders})

J.5

J.6

DARPO

DARMO

2 . Together with the.concerned police/militarypersonnel, install theARBs on the scheduleddate and prepare report onthe matter for submissionto DARPO for reference.

3. In case the landowner •refuses to relinquishpossession of thelandholding, report thesame to DARPO forevaluation and appropriateaction.

Receive, record and evaluatethe report of DARMO. Ifwarranted, file a criminal caseagainst the concernedlandowner and inform theDARMO on the matter.

Conduct monthly inspectionson installed ARB CLOA-titleholders for a period of at leastsix (6) months or until thesituation stabilizes in thesubject landholding todetermine if the installed ARBCLOA-title holderls is/are stillin physical possession of theland.

In case the installed ARBCLOA-title holder/s is/are nolonger in physical possessionof the awarded land due toharassment or ejection by thelandowner, the following shallbe undertaken:

CARP-LAD FormNo. 69 (Report onPhysical Installationof ARBs)

CARP-LAD FormNo. 70 (Report onLandowner'sRefusal to Give UpPossession ofLandhold ing)

~94

I

STEPS DAR OFFICEI AGENCYI PERSON

RESPONSIBLE

ACTIVITY

1. Assist the concerned ARB!s in reporting the threat/harassment or ejection attempts of the landowner to the police! military;

2. Prepare a comprehensive documentation report; and

3. Submit the report to the DARPO for the filing of appropriate legal action against the concerned parties and plan for re­possession of the subject landholding by the displaced ARBs.

I

FORMSfDOCUMENTS REQUIRED

• CARP-LAD Form No. 71 (Report on Harassment/ Ejection of Installed ARB CLOA-Tit/e Holders)

VI. TRANSITORY PROVISION

With respect to cases where the Master List of ARBs has been finalized on or before JUly 1, 2009 pursuant to Administrative Order No.7, Series of 2003, the acquisition and distribution of landholdings shall continue to be processed under the provisions of RA No. 6657 prior to its amendment by RA No. 9700.

However, with respect to land valuation, all Claim Folders received by LBP prior to July 1, 2009 shall be valued in accordance with Section 17 of RA. No. 6657 prior to its amendment by RA. No. 9700.

VII. REPEALING CLAUSE

All orders, circulars, issuances or portions thereof inconsistent herewith are hereby revoked, cancelled or modified as the case may be.

VIII. EFFECTIVITY

This Order shall take effect .. tsh . (1 0); da¥~after its publication in two (2) newspapers of general circlJlation pursuant to~ction 49 of RA. No. 6657.

Q"",," CiIy, Motto M'";{t OCT I' ~! ~ .~:::"~ '.~" .... .M>J;

rrp-­NASSER C. PANGANDAMAN Secretary

Published in two (2) National Newsp3.pers Department 01 Agrarian Reform of general Circulations:

1. Philippine StarOllice ollhe Secretary 2. Business Mirror

Date of Publication - October 21, 2009IIIII1\11\1~~~~~~~lll~JIIIIIIIII ~ 95

Republic of the Philippines

DEPARTMENT of AGRARIAN REFORM

CERTIFICATION

This is to certify that Administrative Order No.2, Series of 2009 entitled "RULES AND PROCEDURES GOVERNING THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS UNDER REPUBLIC ACT (R.A.) NO. 6657, AS AMENDED BY R.A. NO. 9700" is published today, Wednesday, 21 October 2009 at Philippine Star and Business Mirror newspapers.

Issued this 21 st day ofOctober 2009 for whatever purpose it may serve.

HU~X~Pu~~~s StaffDirector /

Elliptical Road, Diliman, Quezon City. Tel. (632) 928-7031 to 39