© Republic of the Philippines DEPARTMENT of AGRARIAN REFORM — ADMINISTRATIVE ORDER NO. _ gp Series of 1993 ITs RULES AND REGULATIONS GOVERNING THE EXCLUSION AGRICULTURAL LANDS USED FOR LIVESTOCK, POULTRY SWINE RAISING FROM THE COVERAGE OF THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARF). PREFATORY In the Secretary STATEMENT case entitled “Luz Farms versus The Honoral of the Department of Agrarian Reform (DAR)" (G No. B68B9, O04 December 1990), the Supreme Court held t lands devoted to the raising of livestock, poultry and swine are excluded from the coverage of R.A. No. 6657. Follow: the said decision, numerous reports have been received t some landowners had taken steps to convert thi agricultural lands to livestock, poultry and swine raisin In order to prevent circumvention of the Comprehens Agrarian Reform Program and to protect the righte of agrarian reform beneficiaries, specifically against th possible unlawful ejectment due to the unauthorized cha: or conversion or fraudulent declaration of areas actual directly, and exclusively used for livestock, poultry swine raising purposes, the following rules and regulatii are hereby preecribed for the guidance of all concerned. DEFINITION OF TERMS Livestock - domestic animals kept for ff: purposes, especially marketal animals such as cattle, hors: carabaos, sheep and goats. Poultry - domesticated birds that serve as source of eggs or meat such chicken, turkey, duck, gee: pigeons, and quail. Swine - any of various animals 1 constitute the family guidae comprise etoutbedied, short—leg, omivorove mommale with a th ekin usually covered with cos: bristles, 4 rather long nob enout, and s small tail. Grazing - the method of feeding animale allowing them in the field to erase. ELUPTICAL ROAD, DILIMAN, QUEZON CITY. TELS. 997031 TO39 OF AND ble .R. hat ing hat eir iE ive the eir nge dy, and ons arn ble 28, as 6e hat and ged dok wee ile by out+, a purposes of these rules, refer lande that are exclusively rectly and actually us Néstock, poultry. and ewine raising based on ratios provided in Section II-B hercozt Agriculvoral Nends = Infraoliructure buildings end atructur ch 3 Foultry houses, breeding houses, furrowing pene; calving houses; feed storags, corrals, dikes, embankments, gatee, paved lot, electrical installations, and other hysical facilities, eauipment and improvemonte. TIT. POLICY STATEMENT ortions thereof d for_ livestock; BB -ehall be A, Private agricultural lande or exclusively, directly and actually poultry and ewine raieing ae of 18 June 1 sxoluded from the coverage of CARP. ®, th determining the areas qualified for éxclusion under this Administrative Order. the following ratios of land. livestock. soultry. and swine raising shall be adopted: 10 Grazing 1 Cattle, Carabao and Horse Raising - Cattle, carsbao and horses (regardless of age) - the maximum ratio fe one (1) head to ofe (1) hectare. 1.2 Sheep and Goat Raising - sheep and goat (regardless of age)- the maximum ratio is seven (7) heads to one (1) hectare. 2.0 Infrastructure 2.1 Cattle, Horses and Caravao Raieing - a ratio of 21 haade for every 1.7815 hectares of infrastructure: (Annex Ay 2.2 Swine Reieing - a ratio of Yi heads of hoge for ayery 0.5126 hectare of infrastructure (Annex. A)2.3. Sheep and Goat Raising - a ratio of 147 heads for every 0.7205 hectare of infrastructure. (Anniex A) # 500 layers for ructure er 1.000 hectares of 2.4 Poultry Raising - a ratio every 0.53 hectare of infras broilers for every 1.4 infrastructure. (Annex B} C. Any act of a landowner to change or convert hia agricultural land to livestock, poultry and swine raising after 15 June 1988, with the intent to avoid the application of R.A. No. 8657 to hie landholdings, shall be considered invalid and 11 and shall not ot the coverage of his iandhoiding under CARP. ‘anvereicn of crop lands to livestock, poultry and ewine raising after the effectivity of this Administrative Order shall be governed by DAR Administrative Order Nos. 1 and 2, Series of i990. However, in lieu of Documentary Requirement Nos. 5 and 6 under Section V1 of said Administrative Order No. 1- 90, i.e., Certification from the Department of Ageioulsure (DA) or Housing Land Use Regulatory Board (HLURB) reapectively, the congent of Agrarian Reform Beneficlaries and/or their waiver of rights. and a certification trom the Regicnal Director of the DA that the poultry, livestock or swine greater economic value than the present agricultural usage, ehall be required. The MARO ghall conduct a continuing review ond verification of excluded lends to ascertain which of the areds ov portions thereof are no longer used for livesvock, poultry and ewine raising purposes. if the area or portion thereof is no longer used for livedtock, poultry and swine raising the area or portion involved shall automatically revert to the category of sericultural land,and hall be covered under GARP pureuant to A.0. No. 9. Series of 1990, 5 amended by A.O, No. 1, Geries of 1882, on land acquisition and distribution, end gectien V of this Administrative Order. IV. OPERATING PROCEDURES A. PROVINCIAL A RIAN REFORM OFFICER (FARO) 4. Accept written application for land exclusien (Exa. Form No, 4. Annex - ©). Ssid shall be accompanied by the following:- ownership documents and other muniments of title such as Original Certificate of Title or Transfer Certificate of Title (OCT/TCT); clusion erative ~ evidence to support application for under Secticn III-B of this Adminis Order: ~ certified true cory of business permit iseued by the concerned government agencies, or proof of ownership of livestock, poultry and ewines - ‘eertified true copies of Individual Income Tax Returns (BIX Form No. 17Q1-A) oP Corporate Income Tax Returns (BIR Form No. 1702) covering calendar yeire 1887 to present; - certified true copy of the Certificate Registration issued by the Seourities and Exchange Commission applicant ia a corporation; — location plan of the property: and [ sketch plan of the ares indicating the improvements and other facllities exieting therein (e-g., inirastracture, pasture paddeck) to include description of the kind of improvement whether conétructed with strong or light materiale and the constructed. 2. Upon receipt of the application, conduct with the assistance of the BARS, the Municipal Agrarian Reform Officer, the Municipal Livesteck Inspector, and a livestock/poultry and swine specialiet of the Department of Agriculture (DA), an investigation of the land te determine, among others, the ownership, legal statue, type and area of the land eought to be excluded (Exe. Form Ne. 2, Annex - 0). Ascortain whether the area has bean devoted to livestock; poultry and awine raising az of 15 June 1988. 4. Determine the ereas actually veed for infrastructure and grazing purposes, pursuant to Section III-B of this Administrative Order.VI. 6. Prepare report of findings snd recommendations: ané complete all the procedures enumerated above within 30 days from receint of application ( Exe. Form No. 3 Annex - B). 6. Compile all relevant documents to form the Application for Land Exclueion Folder (ALEF), and tranemit the same to the Regional Director (Use Exelugicn Form No. 4 Annex - F). B. REGIONAL DIRECTOR (RE) Undertake final ¥eview and evaluation of the ALEF within ten (1G) working days from receipt thereof from the FARO, and if in eprder, prepare an Order of Exclusion or Denial and sign the oame, otherwise, return ALEF to PARO for further astion. ‘The Regional Director is allowed a maximum variance of ten percent of the computed area for exclueion, based on the ratios herein enumerated, ae long as the variance is reasonable and justifiable. Any veconmandation for exclusion of an area more than the ten percent variance shall be approv Secretary. he Regicnal Director shall furn ordere iesued to applicants for exclusior the same to the Undersecretary of Fiel Support Services for manitoring purp% sh copies of or denia eration and REVIEW AND REVISION/REVOCATION OF EXCLUSION ORDER eons shall herein the The Office of the Undereetretary for Fie moniter through reports of the MARO- sees bavee for y lusione were grantéd no longer He shell re the vey i or tevocatica of the Certificate of Exclusion as the case may thereby autometically reverting the subject land or px thereof to the category of agricultural land-covered under CARF. The Secretary shail declare that the subject land is no, longer used for the purpose. SANCTION Any Bebsorn who knowingly or willfully violates or prevents the implementation of these rulee and reguls shall be lisble under Section 74 of B.A. No. 6 and other penalties provided for by law. If the offender ie a corporation ar agecciation, the officer reeponeible therefore ehall be criminally lisole lbs oVI to report such cases bo overing the area 1 AlL parties con: she Municipal Agrarian R any office of the DAR f I. TRANSITORY PROVISION i fectively Senverted their or swine raising zy of the rules shall upion order from th istrabiv fowne ao have All order. VIII. BFERCTIVITY eR Administrats after its publication general oi cirowlars, wkemoranda, rules mt herewith are hereby revok 2 the case may be All other regulations amended or modified, « Diliman, Quezon C plivetck3/LEVI 1/22 /93-acdINFRASTRUCTURS REQUIREMENTS | a a ee a FLOOR AREA FLOOR AREA: : PASTURE : TOTAL AREA: REQUIRED : REQUIREMENT : FACILITIES : PADDOCK : REQUIRED PER: PER FEAD HA) : yt 3 SPECIFIED: (SQ.M) 0 F : : : WINTMUM HEADS: (3) : (4) : 5 : (6) : Geremorsenyoasapace 15 : : 275 1,0 1.7815 : (ainisium of 21 heads) : 2 : Hoge (miniium of 21 heade) 2/ : 6.0 : 0.083 : OL50 : 0.513 : Sheep. and goat By 1.5 0.2208 0.50 : : 0.7205 (minimum of 147 heads) : : : : her Facilities - In cattle raising, other facilities include shade cr barn, feed storage, corrals, dikes, gates. dyainage, enbankments, water pump and tanks, / Other Facilities - In swine raleing, other facilities include farrowing houses/stalls, giit/dry ic gestation house, boar house, weanling house, growing/fattening house, isolatich house, and warehi Qther Facilities - In sheep and goat raising, these include goathouses, water pu feeding troughs, gates, fences and corral and tank. Pasture Paddock - is a fenced area or corral where livestock are temporarily kept while they are resting (vefore they sre put to graze) or while on display. Fararnex-s/livelt h t-18-88/a0dINFRASTRUCTURE REQUIREMENT FOR POULTRY ELOOR AREA PARTICULARS : REQUIRED ~-a 2a 222 =- = LE peeeee che cesta sno aa PER BIRI PER 1,900 BIRD PER 500 BIRDS PER 1,090 BIRDS (BROILER } (LAYER) (BROILER) = @) (4) . Layers 80 sa. om, 8.80 OG : Broiler : 928 sa. = 0.928 0.56 1.428 : ee reer s yeeeeenerener ne eee : eta eee ec ee te ene entree % ner Facilities - In poultry. theae inchide ponltry houses, brosdere, feeding troughs or feeders. watere: gid water pump, feed cart, fecd mixer, dung pit. and feed storage. 4 annexc-B/liveli od- 11-16-95Annex = Exe. Horm No. 1 Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM Quezon City APPLICATION FOR EXCLUSION (Date) The Seoretary Department of Agrarian Reforn Diliman, Quezon City THRU: The MARO € ivi Pursuant to the decision of the Supreme Court in the case entitled "Luz Farms Versue The Honoreble Secretary of the Department of Agrarian Reforn" (G.R. No. 86889, 04 December 1990), may I/we vequest your gocd office to declare my/our landholding/e. ae stated hereunder, excluded from the Land Distribution Program under the Comprehensive Agrarian Reform baw (CARL) for the following reagon/s: My/our property/ies has/have a total area of hectares: located at Barangay /s Municipality/City of a Province of Attached lgyare the ownership document/s and other muninents ot title of the aforementioned landholding/s together with other requirements, supporting thie request for excluelon: true copy of the Original Ger of Title f/ Certified true copy of the Transfer Uertif: (Ter) of Title /F Certified true copy of Tax Beclaration (if untitled) property ieEvidence supporting application for exciusion based on the criteria provided under Sections III-B and II this Administrative Order — Example: Certified true copy of the Regietration of Individual Large Cattle indicating marking of each animal (cow, carabao, or horse) // Certified true copy of business permit goncerned government agency; sued by the YP Certified true copy of Individual Income Tax Return (BIR Form No. 2701-A)3 (DP Soresrate Income Tax Return (EIR Form No. 1702 if applicant ie a corporation); ig87s —___— 11985; ——_— 1989; 128905 1991: 1592; 19 /J Certified true copy of the Certificate of Registration igeued by the urities and Exchange Commiacion (if applicant 1g a corporation); Location plan of the property; Skectch plan of the rea indicating the improvements and infrasttugtures therein, whether constructed with strong or light materiale and date constructed. //P Strong materials (describs) gate constructed 15 —s // Wight materiale (desoribe) - date constructed Cd fJ there (specify) — ate constructed 13 : e Very truly yours- (Name and signature of ApplicenD Exc. Form No. 2 Republic of the Philippines DEPARTVENT OF AGRARTAN REFORM INVESTIGATION REFORT (Bxeluaion) A. Landowner: = Representative /Manager/Agen Address B. 1. Title No.fe ___ . Location: 2 claration No. a. Bray. Lot/Survey No. fs b. Mun. (City Brea (hag) ¢. Province ©. begal Statue: {| Abeolute Owner { ) Co-owner D. Property Acquired Through: () Purchase tel Area Per Title { } Exchange Title No baa { ) Others (Specify) Area (has. Area (has.) + Area (nas. ) Date Acquired (if applicable = | Registered Owner/e: (If deceased, indicate name of heirs) OWNER HEIRS BE. Actual Land Use to. of Actual Area Approximate Topo: Animal (heg.) used Area used graphy headef for grazing ior infra- L. (f bivestock 1.1 (A cattle 1.2 (/ Horse = structurevf Carabao. TF Goat Sheep Swine Foultry 1 layers 2 broilers Other Land Uses J? beviouiture Crope Planted No. of Has. Ro, of Tenante No. of FWe 4/ Others (erect fy) Improvemente and Infrastruotures. Peseribe the kind of improvements and infrastructures whether constructed with strong or light materiale and indicate the date constructed. (Specify) Findings:Comment]/Remarke/Recommendat bons: I hereby oevtify that the findings contained in this report are based on an ocular inspection of the subject property and actual examination of pertinent documents and that the same are true and correct to the hest of my knowledge. (Name and Signature of the MARO} (Name and Signature of BARC Member) fn:exform. 1/liveliExel. Form Nov 3 Date REPORT OF ZIND. AND EECOMMENDATIONS Based on the field investigation conducted on the premises. the findings are as follow: as in The land or portion therecf, consisting of hectares, more or less, is devoted + » as described in the Investigetion Report Form Ne. 2 The egistered owner (s) of the land is/are and The area is devoted to the raising of, heads /birds of with hectares used for grazing and ctarse used for infrastructure. The total number of animal heads is cows, ewine. layers, and broilers. The’ total area (i.e., infrastructure and gracing) to be luded in thie application for exclusion per computation, {6 hectares. Other remarke: view of the foregoing, the undersigned hereby recommends the approval/dicapproval of the request for exclusion of the -wentioned property. "(Name and Signature) Municiral Agrarian Reform Officer