Withdrawal of VOS Template

7/28/2019 Withdrawal of VOS Template

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WITHDRAWAL OF VOS

I. INTRODUCTION

This template aims to guide the decision maker in resolving issuespertaining to withdrawal of Voluntary Offer to Sell (VOS) applications of landowners.

II. CHECKLIST OF DOCUMENTARY REQUIREMENTS

A. In applying for VOS withdrawal, the landowner or his/herauthorized representative shall submit the following:

Written request for VOS withdrawal stating the reason/s forhis/her request.

B. In deciding the approval or rejection of the withdrawal of VOS,the following documents may be considered:

(1)If Titled:

CARP LAD Form no.16

Claim Folder

Status report of the VOS application

VLT/DPS application

Letter Acceptance from the DAR

OCT/TCT on file with ROD and ODC if available

Latest Tax Declaration in the name of the registeredowner duly certified by the Municipal/City Assessor

Approved survey plan certified by the DENR-LMS

(2)If untitled:

Certification of the DENR-CENRO/PENRO or Regional Technical Director, Land Management Service, that the

tract of land covered by the survey is within an areaclassified as alienable and disposable pursuant to DAR-DENR-LBP Joint Memorandum Circular no.12 series of 1994 as reconciled with RA 9176

Approved survey plan or cadastral map andgeographical position and plane coordination of thepoints duly certified by the Chief, Survey Division of DENR



The latest Tax Declaration from the assessor’s file inthe name of the claimant with verified and correct lotnumbers and area per approved plan

(3) If the ground is within landowner’s retained area, applicantmust submit proof of such claim. (See: retention template)

III. JURISDICTION

Chapter III D of Administrative Order (AO) No. 6, Series of 1997 whichtook effect on 12 September 1997 provides that:

1. The Regional Director shall approve or disapprove withdrawal of theapplications for Voluntary Offer to Sell (VOS) covering lands of up toten (10) hectares in size.

2. The Undersecretary for Field Operations shall approve ordisapprove the applications for VOS withdrawal or lifting of Notice of Coverage involving lands less than one hundred (100) hectares insize.

3. The DAR Secretary shall approve or disapprove applications forVOS withdrawal over 100 hectares in size.

The DAR may allow withdrawal of VOS or lifting of a Notice of Coverageover a parcel of land if the landholding is determined to be more

suitable for a town site, resettlement site or individual site to address amatter of national interest or concern in calamity situation.

IV. STANDING

1. Any person, natural or juridical, who owns agricultural lands with anaggregate area of more than five (5) hectares who voluntarilyoffered his/her land for agrarian reform coverage under the VOSscheme.

2. A landowner who owns five (5) hectares or less, who waived his or

her right of retention and voluntarily offered his/her land forcoverage under agrarian reform under the VOS scheme.

V. TIMELINESS

Withdrawal of VOS shall no longer be allowed after the letter offer forVOS, i.e. CARP Form No.1 is received by the DAR. (Item II (A) of A.O.06, 1997)

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VI. DECISION

(Basis: Administrative Order No. 03, series of 1995 and R.A. No. 6657,as amended)

Approve only if any of the following exist:1. The Withdrawal was made prior to the receipt of the DAR of the

letter offer for VOS.

2. The DAR may allow the withdrawal of the VOS or lifting of aNotice of Coverage if the subject and holding is determined tobe more suitable for townsite, resettlement site orinstitutional site needed a matter of national interest orconcern in a calamity situation.

A. Guiding Principles1. Chapter IV C.3 of AO 2 series of 2009 provided that if the

landowners voluntarily offered their private agricultural lands forcoverage under RA 6657 as amended by RA 9700, uponacceptance by the DAR, the letter-offer for coverage under VOScan no longer be withdrawn. If withdrawn, the DAR canimmediately subject such landholdings to coverage under CAnotwithstanding the phasing under RA 9700.

2. Chapter IV B.1 of AO 2 series of 2009 stated that all landholdings

five hectares and below shall not be subject to CARP coverageexcept landholdings submitted for voluntary offer to sell before July 1, 2009 wherein the retention right has been waived.

B. Formula Answer

1. If the application for VOS withdrawal was made before the DARhas accepted the voluntary offer to sell, accept application butcover the property under Compulsory Acquisition except on thefollowing conditions:

•

The landholdings are within the retained area of thelandowner provided that no payment has been made to thelandowner and;

• The landholdings are determined to be more suitable for

townsite, resettlement site or institutional site needed amatter of national interest or concern in a calamity situation.

2. If the application for VOS withdrawal was made after the DARhad accepted the voluntary offer to sell, deny application for

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withdrawal and cover the property under CompulsoryAcquisition.

VII. APPEALS

The Secretary of the Department of Agrarian Reform shall exercise appellate jurisdiction over of ALI cases and may delegate the resolution of appeals toany Undersecretary.

The appeals from the decision of the Regional Director may be filed withinfifteen (15) days from receipt of said decision in the same regional officewhich issued the adverse decision.

VIII. APPLICABLE PRINCIPLES, LAWS, RULES, POLICIES, JURISPRUDENCE

1. LEGAL PROVISIONS

a. Section 5 of R.A. No. 9700

2. IMPLEMENTING RULES AND REGULATIONS

a. Item IV, C, (3) and (4) of DAR Administrative Order No. 2, Seriesof 2009

b. DAR Administrative Order No. 6, Series of 1997 [dated 6 August1997]

c. DAR Administrative Order No 05, Series of 1992 [dated 6 April

1992]d. Joint Memorandum Circular of the DAR-LBP-DENR-DA, dated 27

January 1992.

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Documents

Withdrawal of VOS Template