Republic of the Philippines RB Aa 8 Department of Agrarian Reform Department of Justice JOINT DAR-DOJ ADMINISTRATIVE ORDER NO. _©'7__, Series of 2019 SUBJECT : IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 75, SERIES OF 2019 “DIRECTING ALL DEPARTMENTS, BUREAUS, OFFICES AND INSTRUMENTALITIES OF THE GOVERNMENT TO IDENTIFY LANDS OWNED BY THE GOVERNMENT DEVOTED TO OR SUITABLE FOR AGRICULTURE FOR DISTRIBUTION TO QUALIFIED BENEFICIARIES” Pursuant to the authority granted under Section 5 of Executive Order (E.0.) No. 75, Series of 2019 dated February 15, 2019, the following Implementing Rules and Regulations (IRR) are hereby prescribed, promulgated and adopted: RULE! GENERAL PROVISIONS Section 1. Coverage. These rules and regulations shall govern the identification, validation, segregation, transfer and distribution of all government-owned lands (GOLs), devoted to or suitable for agriculture and which are no longer actually, directly and exclusively used or necessary for the purpose for which they have been reserved or acquired for the purpose of eventual distribution to qualified beneficiaries in accordance with E.O. No. 75, s. 2019, and such other pertinent laws. Section 2. Role of DAR as Lead Agency — The Department of Agrarian Reform (DAR) shall provide central direction and coordination to the agrarian reform program to ensure the effective implementation of E.0. No. 75, s. 2019. RULE Il DEFINITION OF TERMS Section 3. Definition of Terms. For purposes of this IRR, the following terms shalt be defined as follows: 3.1 Government-Owned Land (GOL) — refers to a parcel of land owned by a department, bureau, office and/or of the government and its instrumentalities, which have been acquired by purchase or grant, or which have been reserved in their favor by virtue of a presidential proclamation, executive fiat or legislative grant, or otherwise acquired through other modes of transferring ownership.3.2 Coverable GOL - refers to a GOL devoted to or suitable for agricultural purposes and no longer actually, directly and exclusively used or necessary for the purpose for which they have been reserved or acquired as indicated in the DAR inventory and/or list submitted by the different departments, bureaus, offices, and instrumentalities of the government, and subject to validation by DAR, in coordination with the Department of Agriculture (DA) and Department of Environment and Natural Resources (DENR). 3.2.1 Actually, directly and exclusively used — refers to land that is directly and immediately occupied, utiized and applied for the purposes for which it was reserved or acquired. 3.2.2 Necessary for the purpose for which the coverable GOL has been reserved or acquired — The land is indispensable for the attainment of the mandate or primary purpose of the concerned departments, bureaus, offices and instrumentalities of the government, which have been acquired by purchase or grant, or which have been reserved in their favor by virtue of a presidential proclamation, executive fiat or legislative grant, or otherwise acquired through other modes of transferring ownership. 3.3 Deed of Transfer (DOT) — refers to the document executed by the concemed departments, bureaus, offices and instrumentalities of the government in favor of the DAR transferring ownership and control over a validated and segregated coverable GOL. 3.4 Request for Execution of Deed of Transfer (DOT) - refers to the document issued by the DAR requesting the concemed departments, bureaus, offices and instrumentalities of the government to execute a DOT with respect to the validated and segregated coverable GOL. 3.5 Notice to Proceed Acquisition (NTPA}- refers to the document issued by the DAR expressly notifying the concemed departments, bureaus, offices and instrumentalities of the government that it shall proceed with the acquisition of the coverable GOLs in case of refusal or failure to execute the DOT, in accordance with Section 1 of E.0. No. 75, s. 2019, Republic Act (RA) No. 6657, as amended and E.0. No. 129-A, s. 1987. 3.6 Qualified Beneficiaries — are farmers, tillers or farmworkers who are landless or who own less than three (3) hectares of agricultural lands; Filipino citizens; residents of the barangay (or the municipality if there are not enough qualified beneficiaries in the barangay) where the landholding is located; at least fifteen (15) years of age at the time of identification, screening and selection of the farmer beneficiaries; and with willingness, aptitude, and ability to cultivate and make the land as productive as possible as provided under Section 22 of RA No. 6657, as amended.RULE It IDENTIFICATION, VALIDATION, SEGREGATION, TRANSFER AND DISTRIBUTION Section 4. Identification and Inventory 4.4 All departments, bureaus, offices and instrumentalities of the Government shall identify their coverable GOLs, and thereafter submit a list thereof to the DAR, indicating the location and area of the said lands, actual use and legal basis of ownership. 4.2 The DAR, in coordination with the DENR, shall cause the preparation of the total inventory of the coverable GOLs, which includes the list of lands submitted by the concemed departments, agencies and instrumentalities, and those identified by the DAR. ‘Section 5. Validation 5.1 The DAR, in coordination with the DENR and the DA, shall undertake the validation of the lands listed in the inventory, taking into consideration their suitability for agricultural use, limitations on their use under existing laws and issuances, their respective metes and bounds, and such other relevant criteria provided herein. 5.2 The responsibilities of the agencies concemed in the conduct of validation shall be as follows: 5.2.4 Department of Agrarian Reform shall: A. Confirm whether the coverable GOLs in the inventory comply with the criteria for validation as follows: 41. Suitability of such area for agricultural purposes; 2. The area is no longer actually, directly, and exclusively used for the purpose for which the same has been reserved or acquired; 3. The area is no longer necessary for the purpose for which it has been reserved or acquired; that is: a. there is no approved development plan for the land specifying a period of implementation; or bb, should there be an agency-approved development plan, the following requirements must be present upon the effectivity of these rules:Lif the project is funded by the government, the corresponding proposal for funding must have been submitted to the DBM or the appropriate agency; or ii if the project is privately funded, there must be a firm funding commitment from the grantor; 4. Inclusion of the GOL does not violate any limitations and conditions provided under applicable laws, rules and issuances. B. Conduct a segregation survey to delineate the validated coverable GOL from the non-coverable portion by a licensed geodetic engineer. C. Create a Validation Committee to conduct validation of coverable GOLs in accordance with its rules and regulations. 5.2.2 Department of Agriculture shall: Provide technical assistance to ascertain the suitability to agriculture of the GOL in accordance with the applicable laws and issuances, upon request by DAR. 5.2.3 Department of Environment and Natural Resources shall: A. Provide maps and other tools and reference materials that shalt provide technical data such as location, land classification, land use/cover, etc., that are relevant and useful in the validation of coverable GOLs; and B. Provide technical assistance to ascertain the coverability of the GOLs in terms of land classification and slope, in accordance with existing laws and issuances, upon request by DAR. Section 6. Transfer of GOLs 6.1 The DAR shall issue a Request for Execution of DOT for validated coverable GOL to the department, bureau, office or instrumentality concerned. 6.2 Incase the department, bureau, office or instrumentality concemed refuses or fails to execute a DOT within fifteen (15) days from receipt of the request, the DAR shall issue an NTPA. 6.3 Upon receipt of the duly executed DOT from the DAR or upon the issuance of NTPA, the DAR shall proceed with the process of land acquisition and distribution of the subject landholding in accordance with R.A. No. 6657, as amended, other pertinent policies, rules and issuances of the DAR.Section 7. Distribution of GOLs - The distribution of validated and segregated coverable GOLs shall be in accordance with RA No. 6657, as amended, and other pertinent policies, rules and issuances of the DAR. 7.1 Identification of Qualified Beneficiaries — The identification, screening, selection and installation of qualified agrarian reform beneficiaries (ARBs) under this IRR shall be in accordance with RA No. 6657, as amended, and other pertinent policies, rules and issuances of the DAR. 7.2 Conduct of Subdivision Survey — The DAR shall conduct a subdivision survey to subdivide the validated coverable GOL into sub-lots for distribution to qualified beneficiaries in accordance with R.A. No. 6657, as amended, and other pertinent policies, rules and issuances of the DAR. RULE IV PROTEST AND JURISDICTION Section 8. Exclusive Jurisdiction of the Secretary of Agrarian Reform - The Secretary of Agrarian Reform shail exercise exclusive jurisdiction over all disputes, claims, and controversies involving the coverability of GOLs in accordance with Section 50 of R.A. 6657, as amended. Section 9. Pre-condition to the filing of Protest Action - No protest action involving the coverability of any GOL under these rules shall be filed or instituted before the Secretary of Agrarian Reform unless there have been conciliation proceedings between the parties before the Dispute Resolution Committee and that no settlement has been reached as certified by the DRC. Section 10. Creation of a Dispute Resolution Committee ~ A Dispute Resolution Committee (DRC) shall be created to act as the conciliation body. The DRC shall be composed of three (3) members from the DOJ to be designated by the Secretary of Justice. Section 11. Request for Conciliation - Any department, bureau, office or instrumentality of the government who disputes the NTPA may file a request for conciliation before the DRC within fifteen (15) days upon receipt of such NTPA. Section 12. Conciliation Proceedings - The following procedures shall be adopted for the settlement of disputes, claims and controversies concerning the coverability of GOLs: 12.1 Upon receipt of the request for conciliation, the DRC shall conduct mandatory conciliation conferences to discuss the possibility of entering into an amicable settlement or compromise agreement.12.2 The representative of the parties shall be equipped with the necessary written authority to bind their principal in entering into such settlement agreement. 423 The DRC shall conduct a maximum of three (3) conciliation conferences within the period of thirty (30) days from the filing of the request. The DRC together with the parties shall endeavor to arrive at a settlement agreement at the soonest possible time. The settlement agreement shall be signed by the members of the DRC and the duly authorized representatives of the department, bureau, office or instrumentality of the government in accordance with Section 12 (b). The settlement agreement shall be implemented immediately by DAR. 12.4 Upon the lapse of the thirty (30) day period, without a settlement agreement being reached, the DRC shall issue a certificate of no settlement of the parties. Section 13. Filing of Protest — Any department, bureau, office or instrumentality of the government may file a verified petition with the Secretary of Agrarian Reform within fifteen (15) calendar days from the receipt by the party concerned of the certification of no settlement from the DRC. The certificate of no settlement shall be attached to the petition protesting coverage of the GOL. Section 14. Application of Agrarian Law Implementation (ALI) Rules - Pertinent rules and regulations of the DAR governing Agrarian Law Implementation (ALI) cases shall apply with respect to the resolution of protests of coverability of GOLs. Section 15. Period to Decide - The Secretary of Agrarian shall resolve all disputes, claims and controversies arising from the implementation of E.O. No. 75, s. 2019 within thirty (30) days from the time the same are submitted for resolution. Section 16. Appeal - Appeals from the decision of the Secretary of Agrarian Reform may be taken to the OP within fifteen (15) days from receipt thereof. Section 17. Continuing Character of Proceedings - The identification, validation, segregation, transfer and distribution of coverabie GOLs shall proceed despite the filing of a protest. RULE V MISCELANEOUS PROVISIONS Section 18, Compensability of GOLs — Ali transferred GOLs which were acquired by a department, bureau, office or instrumentality of the government through purchase shall be subject to payment of compensation or reimbursement in accordance with the rules and guidelines to be formulated by the Department of Budget and Management, Department of Finance and the Land Bank of the Philippines.Section 20. Monitoring and Reporting. The DAR shall submit a report regarding the implementation of EO No. 75, series of 2019 to the Office of the President (OP) within ninety (90) days after the effectivity of this IRR and every quarter thereafter or as often as may be required by the OP. Section 21. Repealing Clause. - All other issuances or parts thereof that are inconsistent with the provisions of this IRR are hereby repealed or modified accordingly. Section 22. Separability Clause. Any provision of this !RR or any part hereof which may be declared invalid, illegal, or unconstitutional, shall not affect the validity of the remaining provisions of these guidelines. Section 23. Effectivity. - This IRR shail take effect ten (10) days from its publication in two (2) newspapers of general circulation. Diliman, Quezon City, MAY 31 2019. [Kom . CASTRICIONES. MENARDO I. GUEVARRA Secretary, DAR Secretary, DOJ Dopartsont of Agrarian Reform , Ofte Seay ‘a gc Published in two (2) National Newspaper of General Publication 1. The Manila Times 2. Business World Date of Publication: June 5, 2019J) REPUBLIC OF THE PHILIPPINES gc DEPARTMENT OF AGRARIAN REFORM Tunay na Pagbabago sa Repormang Agraryo CERTIFICATION This is to certify that Joint DAR-DOJ Administrative Order No. 07, Series of 2019 entitled IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 75, SERIES OF 2019 “DIRECTING ALL DEPARTMENTS, BUREAUS, OFFICES —_ AND INSTRUMENTALITIES OF THE GOVERNMENT TO IDENTIFY LANDS OWNED BY THE GOVERNMENT DEVOTED TO OR SUITABLE FOR AGRICULTURE FOR DISTRIBUTION TO QUALIFIED BENEFICIARIES” was published yesterday, 05 June 2019 in the Manila Times and Business World newspapers. Issued this 6th day of June 2019 for whatever purpose it may serve. firector, Publi€-Assistatice and ‘Media Relations Service ‘DAR CENTRAL OFFICE "TELEFAX: (632) 456-2501 [Etipticat Road, Oilman, Quezon City WEBSITE: wwwdar.gov.phDepartment of Agrarian Reform Department of Justice JOINT DAR-DOJ ADMINISTRATIVE ORDER NO, 07, Series of 2018 SUBJECT : IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 75, SERIES OF 2019 “DIRECTING ALL DEPARTMENTS, BUREAUS, OFFICES ‘AND INSTRUMENTALITIES OF ‘THE GOVERNMENT TO IDENTIFY LANDS OWNED BY THE GOVERNMENT DEVOTED TO OR SUITABLE FOR AGRICULTURE FOR DISTRIBUTION TO QUALIFIED BENEFICIARIES” ‘Pursuant to the authority granted under Section § of Executive Order (€.0,) No. 75, Series of 2019 dated February 15, 2018, the folowing Implementing Rules and Regulations (IRR) ere hereby prescrbed, Promulgated and adopted: RULEL GENERAL PROVISIONS. Section 1. Coverage. ‘These rules and regulations shall govern the: identification, validation, sogregaton, transfer and letribution of all government-awned lands (GOLS), devoted to or suitable for agriculture land which are no longer actualy, directly and exclusively used or ‘necessary forthe purpose for which hey have bean reserved or acquired for the purpose of eventual distribution to qualified beneficiaries in accordance with E.0. No, 75, 8.2019, and such other pertinent laws. ‘Section 2. Role of DAR as Lead Ageney - The Department of Agrarian Reform (DAR) shall provide central direction and coordination to the ‘agrarian reform program to ensure the effacva implementation of E,O. No. 75, s. 2018, RULEW DEFINITION OF TERMS Section 3. Definition of Terms. For purposes of this IRR, the following terms shall be defined as follows: 31 Government-Owned Land (GOL) ~ refers to a parce! of land: ‘owned by a department, bureau, office andlor ofthe government and its insrumentaities, which have been acquired by purchase fF grant, or which have been reserved in their favor by vite of a presidental proclamation, executive fat or legislative grant, oF ctherwise acquired through other modes. of transfering ‘ownership, Coverable GOL - refers to a GOL devoted to oF sutable for ‘agricultural purposes and no longer actualy, diracty. and ‘exclusively used or necessary fr the purpose for which they have ‘been reserved or acquired as indicated inthe DAR inventory and CF Fst submitted by the different departments, bureaus, offices, and inetrumentallios cf the government, and subject to validation by DAR, in coordination wih the Department of Agriculture (DA) ‘and Department of Environment and Natural Resources [DENR). 3.2: Actually, directly and oxclusively used ~ refers to land thal is drecty and immediately occupied, utlized and applied for the purposes for which itwas reserved or acquired. 3.22 Necessary for the purpose for which the coverable GOL has been reserved or acquired ~ The iand 1s indispensable forthe attainment of the mandate or primery purpose of the concerned departments, bureaus, offices and instrumentaltes ofthe government, which have been acquired by purchase or grant, or which have been reserved In their favor by vitue of @ presidential proctamation, executive flat oF legislative grant, or otherwise acquied through othor modes of transfering ownership, ‘Deed of Transfer (DOT) refers tothe document executadby the ‘concerned departments, bureaus, offices and instrumentalties of the government in fev6r of the DAR transfering ownership and control over a validated and segregated coverable GOL. 32 33 Request for Execution of Deed of Transfer (DOT) - raters to the document issued by the DAR requesting the concerned Geparments, bureaus, offices and instumentalties of the ‘government to execute a DOT with respect tothe validated and ‘segregated coverable GOI, "Notice to Proceed Acquisition (NTPA}-refers to the dacument {souod by the DAR expressly notifying the concerned departments, bureaus, offoes and instrumenialites of the goverment that |t shall proceed with the acquistion of the coverable GOL in case of refusal or falure to execute te DOT, in accordance yith ‘Section 1 of €.0. No, 75, 2019, Republic Act (RA) No, 6657, aa ‘amended and E.0. No, 128-A,s. 1987. Qualified Beneficiaries — sre farmers, tiers or farmworkers ‘who are landless or who own fess than three (3) hectares of agricultural lands; Fllpino citizens; residents of the barangay (or ‘he municipaity if there are not encugh qualified beneficiaries in ‘he barangay) where the lancholing i located; atleast fteen (16) years of age at the time of identification, screening and selection of the farmer beneficiaries; and with wilingness, aptitude, and ably to cultivate and make the land as productive as possible at provided under Section 22 of RA No. 6657, as amended, RULE I IDENTIFICATION, VALIDATION, SEGREGATION, TRANSFER AND DISTRIBUTION ‘Section 4 Identification and inventory 41 Al departments, bureaus, offices and instrumentalies of the Government shall identify their coverable GOLs, and thereafter ‘submit a list thereof to the DAR, indicating the location and area ofthe said lands, actual use and legal basis of ownership, 42 The DAR, in coordination with the DENR, shall cause the proparation ofthe total inventory of the coverable GOLs, which inches the lis of ands subrntted by the concemed departments, ‘agencies and instrumentalies, and those Identifies by the DAR. | ‘Section 6. Validation 5.4 The DAR, in coordination with the DENR and the DA, shall undertake the vaidation ofthe lands listed in the inventory, taking into consideration their sutabity for agrcutural use, smtations on tho use under existing laws and issuances, ther reepective metas and bounds and auch other relevant criteria provided herein, 52. The responsibities ofthe agencies concemed in the conduct of validation shall be as follows: 5.2 Departmont of Agrarian Reform halt |A.Confim whether the coverable GOLs in the inventory comply withthe enteria for validation as follows: 4. Suitability of such area for agrcutural purposes: 2, The ares is no longer actually, directy, and exclusively used for the purpose for which the same has been reserved or acquired: | The area is no longer necessary forthe purpose for which ites been reserved or acquired; thats: | thera is no approved development plan forthe land | 3s specifying @ period of implementation: or should there be an agency-approved development plan, the following requirements must be present ‘upon the effectivity of these rules: | |. if the project is funded by the government, the corresponding proposal for funding must have been submited to the DBM or the appropriate agency; or if the project is privately funded, there must be a fim funding commitment from the grantor Inclusion of the GOL dows net votate any imitations and condtions provided under applicable laws, rules. and »8. Conduct a segregation survey to dalinéate’ the validated. ‘severable GOL from the non-coverable portion by a licensed geodetic engineer. Create a Validation Committae to conduct validation of coverable GOLs in accordance with its rules and requitions 52.2 Department of Agriculture shal Provide technical assistance to ascertain. the sultabilly to agriculture of the GOL in accordance wih the applicabie laws, ‘and issuances, upon request by DAR. 5.2.3 Department of Environment and Nature! Resources shal |A. Provide maps and other tools ana reference materials that shall provide technical data such ‘ae location, land classification, land useicover, etc, that are relevant and "useflin the validation of coverable GOLs; and 8. Provide technical assistance to ascertain the coverabiity of the GOLs in terms of land classification and slope, ia faccerdance with existing laws and issuances, upon request by DAR. | section 6. Transfer of GOLs 64. Tho DAR shall issue a Request for Execution of DOT for valdated coverable GOL to the department, bureau, office of inirumentality concerned. 62 In cose the department, bureau, offica_or instrumentaty ‘concerned rafuses of fails to execute a DOT within fffeen (15) ‘day from receipt of the request, the DAR shall issue an NTPA, 163 Upon receipt of the duly executed DOT from the DAR er upen the issuance of NTPA, the DAR shall proceed with the process Of land acquisition and distribution of the subject landholding in ‘accordance with R.A, No, 6657, a8 amended, other pertinent policies, rules and issuances of the DAR, Section 7. Distribution of GOLs - The distribution of validated and segregated coverable GOL shall bein accordance with RANo, 6657, a8 amended, and other pertinent pai, rules and issuances of the DAR. 71 Identification of Qualified Beneficiaries — The identticaion, screening, selecton and installation of qualiied agrarian reform beneficiaries (ARB) under this IRR shall be in accordance with RANo. 6687, as amended, and other pertinent policies, rules and Issuances of the DAR. 72. Conduct of Subdivision Survey ~ The DAR shail conduct a Subdivision survey to subdivide the validated coverabla GOL into Ssubdots for distribution to qualified beneficiaries in accordance wth LA, No. 6657, as amended, and other pertinent polices, rules and issuances of the OAR, RULEV | PROTEST AND JURISDICTION Section 8, Exclusive Jurisdiction of the Secretary of Agrarian Reform = The Secretary of Agrarian Reform shall exercise exclusive jurisdiction ‘ver all disputes, claims. and controversies involving the coverabiy of | GoLs in accordance with Section 50 of R.A. 6557, a8 amended. Section 9. Prescondition to the fling of Protest Action - No protest ‘action involving the coverability of any GOL under these cules shall be fied or instituted belote the Secretary of Agrarian Reform unless. have been conciliation proceedings between the partes betore the Dispute Resolution Committee and that no seitement has been reached ‘8 cortfed by the ORC. Section 10. Creation of a Dispute Resolution Committee — A Dispute Resolution Committee (ORC) shal be created to act as the conciiation body. ‘The DRC shall be composed of three (3) members from the O04 to be designated by the Secretary of Justice. Section 11. Request for Conciliation - Any department, bureau, office or insttumectaity of the government who disputes the NTPA may fle 2 request for coreiation before the ORC within fies (15) deys upon recelpt of such NTPA. Section 12. Conciliation Proceadings - The folowing procedures sh bbe adopted for the setiement of daputes, clsims and controversies | concerning the coverabilty of GOLs fi ‘ 421 Upon receipt ote request for conctiation, the ORC shail conduct mandatory conciliation conferences to discuss the possibilty of tentering into an amicable setement or compromise agreement 12.2 The represahtative of the parties shall be equipped with the necessary written authority to bind their principal in entering into ‘such setiement agreement. 423 The DRG shail conduct a maximum of three (3) concitaton ‘conferences within the period of thy (20) days from the fing ‘ofthe request. The ORC together with the partes shall endeavor to arrive ata setement agreement at the soonest possibe time. ‘The setement agreement shell be signed by the membace, of the ORC and the duly authorized representatives of the ‘department, bureau, offce or insirumentalty ofthe goverment in accordance with Section 12 (0). The settement agreement shall be implemented immediately by DAR. 4124 Upon the lapse ofthe thity (30) day period, without a settlement ‘agreement boing reached, the ORC shall issue a certifeate of no settlement ofthe parties. ‘Section 13. Filing of Protast - Any department, bureau, office o instrumentaity of the government may file a verified pettion with the Secretary of Agrarian Reforrh within fiteen (18) calendar days ffern the receipt by the party concerned ofthe certification of no settlement from the DRC. The certificate of no settlement shall be attached tothe petition protesting coverage of the GOL. Section 14. Application of Agrarian Law implementation (AL!) Rules — Pertinent rules and regulations of the DAR governing Agrarian Law Implementation (ALI) cases shall apply with respect fo the resolution of protests of coverabilly of GOLs, Section 15. Period to Decide - The Secretary of Agrarian shall resolve all disputes, claims and controversies arising from the implementation of EO, No. 75, s: 2019 within thty (30) days from the te the seme are ‘submited for resolution Section 16. Appeal « Appeals ftom the decision of the Secretary of ‘Agrarian Reform may be taken to the OP within fiten (15) days from receipt threo. ‘Section 17, Continuing Character of Proceedings - The identification, validation, segregation, tranafer and cietribution of coverable GOLS shal proceed despite the fling ofa protest. RULEV MISCELANEOUS PROVISIONS. ‘Section 18, Compensablity of GOLS All transferred GOLS which were acquied by a department, bureau, office or instrumentality of the {Governmentthrough purchase shallbe subjecto paymentofcompensation fr reimbursement in accordance with the rulas and guidelines to be formulated by the Oepariment of Budget and Management, Department ‘of Finance and the Land Bank ofthe Philippines. ‘Section 20. Monitoring and Reporting. The DAR shall submit a report regarding the implementation of £O No. 75, series of 2019 tothe fice of the President (OP) within ninety (90) days aftr the effectvty of this RR. ‘and every quarer thereafter or as often a8 may be required by tis OP. Section 21. Repealing Clause. - Al other issuances of parts thereof that are inconsistent with the provisions ofthis IRR are hereby repealed ‘0 modiiee accordingly. ‘Section 22. Separabilty Clause. Any provision of this IRR or any part hereof which may be declared invalid, legal, or unconstitutional, shall not ‘affect the vay ofthe remaining provisions ofthese guidelines, Saction 23. Effectvity.- This IRR shal take effect ten (10) days from its publication in two (2} newspapers of general circulation. Bhan Suan Cy May 31.2018 Ko~ ole GASTRIGIONES (MENARDO I. GUEVARRA [sacretary, DAR ‘Secretary, DOJ ApertRegions | ‘The Manila Times. wwwemanilatimes:net oe Republi ofthe Piippnes Department of Agrarian Reform JOINT DAR-DOJ ADMINISTRATIVE ORDER NO. 07, Series of 2012 SUBJECT : IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 75, SERIES OF 2019 DIRECTING ALL DEPARTMENTS, BUREAUS, OFFICES. ‘AND INSTRUMENTALITIES OF THE GOVERNMENT ‘TO IDENTIFY LANDS OWNED BY THE GOVERNMENT DEVOTED TO OR SUITABLE FOR AGRICULTURE FOR DISTRIBUTION TO QUALIFIED BENEFICIARIES” Pursuant to the authority granted under Section § of Executive Order (0) No 75, Series of 2019 dated February 15, 2019, the following Implementing Rules and Regulations (IRR) are hereby prescribed, promulgated and adopted: RULE! GENERAL PROVISIONS Section 1. Coverage. These rules and regulations shall govern the ‘dentifeation, validation, segregation, transfer and distibution of all ‘government-owned lands (GOLs), devoted to or suitable for agrcuture fand which are no longer actualy, directly and exclusively used or necessary fr the purpose fr which they have been reserved of acquired for the purpose of evantial cisiibuton to qualfied Denefciares in ‘accordance with E.0, No. 76, ¢. 2019, and such other pertinent laws. Section 2. Role of DAR a¢ Lead Agency - The Department of Agratian Reform (DAR) shall provide central direction and coordination to the agrarian reform program to ensure the effective implementation of E.O. No. 75,8. 2019, RULE DEFINITION OF TERMS. Section 3. Defintion of Terms. For purposes of this IRR, the following terms shall be defined as follows: 31 Government-Owned Land (GOL) ~ refers to a parcel of land ‘owed by a department, bureau, office andicr of the government ‘hd ts instumentaiies, which have been acquired by purchase r grant, or which have been reserved in their favor by virtue Of & presidental proclamation, executive fat or legistative grant, for otherwise scquired through other modes of transfering ownership. Coverable GOL - sefers to @ GOL devoted to of suitable for ‘agiculturl purposes and no longer actually, directly and xchsivaly used or necessary forthe purpose for which they have been reserved or acquired as indicated in the DAR inventory ant! lst submited by the cfferont departments, bureaus, offices, {nd instrumentaliies of te government, and subject validation by DAR. in coordination wit the Department of Agriculture (DA) ‘and Department of Environment and Natural Resources (ENR). 3.21 Actually, directly and exclisively used ~ refers {0 fand that is cirectly and immediately occupied, ullized and applied for the purposes for which & was reserved or accuired 3.2.2 Necessary for the purpose for which the coverable GOL has been reserved or acquired ~ The. land is Indispensable forthe attainment ofthe mandate or primary purpose of the concemed departments, bureaus, offices fd instrumentattes of the government, which heve been Sequited by purchase or grant, or which have been reserved in their favor by vieue of © prasidential proclamaton, fexecutive fiat or legislative grant, or otherwise acquired through other modes of transferting ownership. Deed of Transfer (DOT)~ refers tothe document executedby the ‘concerned departments, Bureaus, offices and instrumentalies of the government in favor of the OAR transferring ownership and conivol over a valdated and segregated coverable GOL a2 Department of Justice] Section 4. Identification and Inventory WEDNESDAY June, 2019 34 Request for Execution of Deed of Transfer (DOT) - refers te the document issued by the DAR feduesting the coricened departments, bureaus, offices and instrumentaliies of the ‘government to execute a DOT with respect fo the validated and ‘segregated coverable GOL. Notice to Proceed Acquisition (NTPA)- refersto the document issuedby he DAR expressly notifying the concerned departments, bureaus, offices and. instrumentaltes of the goverament thats, It shall proceed with the acquisition of the coverable GOLs in case of raul or falure fo execute the DOT, in accordance with Section 1 of €.0. No, 75, s, 2019, Republic Act (RA) No. 8857, as amended and £.0. No, 128-A, 5.1987. Qualified Beneficlaries — are farmers, tilers oF farmworkars who are landless or who own less than three (3) hectares of 2grieutual lands; Flipino ctizens; residents of the barangay (or the municipality if there are not enough qualified beneficiaries | In the barangay) where the lanaholding is located; at least | fifteen (15) years of age at the ime of identifeation, screening land selection of the farmer beneficiaries; and with wilingne: agttude, and ability to cutvata and make the land as productive ‘as possible as provided under Section 22 of RA No, 6657, as | as 36, amended, RULE IDENTIFICATION, VALIDATION, SEGREGATION, TRANSFER AND DISTRIBUTION 4.2 All departments, bureaus, ofées and instrumentalties of the ‘Government shal ienity their coverable GOLs, and thereafter submit a fet thereat to the DAR, indicating the ocatioh and area ofthe said lands, actual use and legal basis of ownership, ‘The DAR, in coordination with the DENR, shall cause the preparation of the lotal inventory of the coverable GOLs, which Inclues thelist of lands submited by the concemed departments, agencies and instrumentalies, and those identified by the DAR, a2 Section 6, Validation 5. The DAR, in coordination with the DENR and the DA. shell undertake the validation ofthe lands listed in the Inventory, taking into consideration their suitably for agrewtural use, imitations on ‘helr use under existing awe and issuances, thei respective metes ‘and bounds, and such othe relevant ceria provided herein, ‘The responsitiltes af the agencies concerned in the conduct of valaton shall be as folows 5.2 Department of Agrarian Reform shal 7 |A. Confirm whether the coverable GOLS inthe inventory comply | wth the eter for validation es follows i 1. Suitability of euch area fr agricultural purposes; 2. The area is no longer actualy, directly, ané exclusively used for the purpose for which the same has been | Fesorved or acquired 3. Thearea ero longer necessary fr the purpose fr which thas been reserved or aozuied; thats ‘there is no approved development plan for the land speciying a period of implementation; or b. should there be an agency-aporoved development plan, the folowing requirements must be presert ‘upon the effetvay of these rues: i. W the project is funded by the government, the | Corresponding proposal for funding must have been submitted to the DBM or the appropriate | agency; or ifthe projects privately funded, there must be = firm funding commitment frm the grantor, 4. Inclusion of the GOL does not vclate any limitations and conditions provided under applicable laws, rules and 52Conduct a segregation survey fo delineate the velidated coverable GOL from the non-coverabie partion by licensed ‘geodetic engineer Create a Validation Committee to conduct validation of ‘overable GOLs in accordance with its rules and regulations, 5.2.2 Department of Agricuture shal Provide technical assisiance to ascertain tho suitability to agricuture of the GOL in accordance with the applicable laws and issuances, upon request by DAR 5.2.3 Department of Environment and Natural Resources shi A. Provide maps and other tools and reference materials that shall provide technical data such as location, land lassifcation, land usefcover, ste, that are relevant and useful in the validation of coverable GOL; and 8. Provide technical assistance to ascertain the coverabiity of the GOLs in terms of land classification and elope, in ‘accordance with exieting laws and issuances, upon request by DAR. Section 6. Transfer of GOLs 61 The DAR shall issue @ Request for Execution of DOT for validated coverable GOL to the department, bureau, office ot instrumentality concerned, | 62. In case the department, bureau, offce or instrumentality concemed refuses or fails Yo execule @ DOT within fiteen (15) {ays from recor ofthe request, the DAR shall ssue an NTPA, 6.3 Upon receipt of the duly executed OT trom the DAR or upon the issuance of NTPA, the DAR shail proceed with the procese cf land acquisition and dstiotion ofthe subject landholding in accordance with RA. No. 6657, as amended, other perthent policies, ras and issuances of the DAR. ‘Section 7. Distribution of GOLs - The distbution of validated: and ‘Segregated coverabla GOLs shal be in accordance with RANo, 6657, a8 ‘amended, and other pertinent polices, rules and iesuancas of the DAR 7.1 Identification of Qualified Beneficlaries — The identification, screening, selection and installation of qualifed agrarian reform beneficiaries (ARBs) under this IRR ehall be in accordance wth | RANo. 8857, as emended, and other pertinent policies rules and | issuances of the DAR, 7.2 Conduct of Subdivision Survey ~ The DAR shall conduct 2 | subdivision survey to subdivide the validated cavarable GOL into ‘ub-lots for dletbution to qualfied beneficiaries in accordance with RA No, 6657, as amended, and ether pertinent pois, rules and issuances of the DAR, RULE IV PROTEST AND JURISDICTION ‘Section 8. Evclusive Jurisdiction ofthe Secretary of Agrarian Reform = The Sectetaty of Agrarian Reform shall exercise exclusive jurisdiction ‘overall disputes, claims, end controversies involving the coveraility of ‘GOLs in accordance wih Section 50 of RA, 6657, a5 amended. ‘Section 9. Pre-condition to the filing of Protest Action No protest action involving the coverabilty of any GOL under these rules shall be filed or instituted betore the Secretary of Agrarian Reform unless there hhave been conciliation proceedings between the. parties before the Dispute Resolution Commitee and that no setfement has been reached 2a certified bythe DRC. ‘Section 10. Creation of a Dispute Resolution Committee ~ A Dispute Resolution Commitee (ORC) shal be created fo act as the conciiation body. | te DRC shal be composed of three (3) members from the DOJ to be designated by te Secretary of Justice Section 11. Request for Conecilation - Any department, bureau, office instrumentally of the government who disputes the NTPA may fle ‘2 request for conciliation before the DRC within feen (15) days upon receipt of such NTPA. ‘Section 12. Conciliation Proceedings - The fctowing procedures shall, bbe adopted for the setiement of disputes, claims and controversies ‘concerning the coverabilty of GOL: ‘12.1 Uporiteceipt ofthe request for conciliation, thé DRC ehall conduct ‘mandatory coneiition conferences to discuss the possibilty of entering into an amicable settlement or compromise agreement 122 The representative of the parties shall be equipped with the necessary writton authorty to bind their principal in entering into such settlement agreement. 12.3 The DRC shall conduct a maximum of three (3) conciliation conferences within the period of thity (30) days from the fling ofthe request. The DRC together with the parties shal endeavor to arrive ata setement agreement atthe soonest possible time The settlement agreement shail be signed by the members of the DRC and the duly authorized representatives of the department, bureau, office or instrumentally ofthe government in accordance with Section 12 (b). The settlement agreement shal be implentented immediately by OAR, ‘12.4 Upon the lapse ofthe thy (30) day period, without settlement ‘agreement being reached, the DRC shal iseue a cortiiate of no settiament ofthe partis, ‘Section 13. Filing of Protest ~ Any department, bureau, office ot instrumentalty of the goverment may file a vertied petiion with the Secretary of Agrarian Reform within fifteen (18) calendar days from the ‘receipt by the party concemed of the certfcation of no setlament from the DRC. The cetiicate of no settlement shall be attached tothe petition protesting coverage of the GOL. ‘Section 14. Application of Agrarian Law Implementation (AL) Rules = Pertinent rules and regulations of the DAR governing Agrarian Law Implementation (ALI} cases shall apply with respect tothe resolution of, protests of coverabilly of GOL Section 18. Period to Decide — The Secretary of Agrarian shall resolve all disputes, Gaims and controversies arising from the implementation of E.0. No. 75, s, 2019 within thity (30) days from the time the eae are submited for resolution, Section 18. Appeal - Appeals from the decision of the Secretary of ‘Agrarian Reform may be taken to the OP within Feen (15) days from receipt thereof. Section 17. Continuing Character of Proceedings - The identifcaton, \alidation, segregation, transfer and distribution of coverable GOLs shal proceed despite the filing of a protest. RULEV MISCELANEOUS PROVISIONS, Section 18, Compensability of GOLs - All transferred GOL¢ which were acquired by a department, bureau, office of instumentaly ofthe ‘governmentthrough purchase shallbe subjectte paymertof compensation fr reimbursement in accordance with the rules and guidelines to be formulated by the Department of Budget and Management, Department ‘of Finance and the Land Bank of the Philipines, ‘Section 20. Monitoring and Reporting. The DAR shail submit a report regarding the implemantaton of EO No, 75, sees of2019 to the Office of the President (OP) within ninety (90) days after the effectivity of this IRR and every quater thereafter or a often as may be required by the OP, Section 21. Repealing Clause. - Al other issuances or parts thereat that are inconsistent withthe provisions of this IRR are hereby repealed oF modified accordingly. Section 22, Separability Clause. Any provision ofthis IRR or any part hereof which may be decared inva, ilegal, or unconstistiona, shal not afigt the validity ofthe remaining provcions ofthese guidelines. Section 23. EMtectivity.- This IRR shall take affect ten (10) daye from its publication in two (2) newspapers of general circulation. ‘Diiman, Quezon City, May 31, 2019, saan nf teen enanoc'. SuEVARRA ty Be eee panne sumac Tie 52010