Professional Documents
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International Land Coalition The Regional Coordination Unit of ILC is hosted by KPA
c/o International Fund for Agricultural and can be reached at:
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UPDATES TO AGRARIAN REFORM LAWS, RULES AND REGULATIONS:
A Paralegal Manual
Published by
KAISAHAN tungo sa Kaunlaran ang Kanayunan at Repormang Pansakahan (KAISAHAN, Inc.)
and the People’s Campaign for Agrarian Reform, Inc. (AR Now!)
KAISAHAN, Inc.
38-B Mapagsangguni St. Sikatuna Village,
Quezon City 1101 Philippines
Copyright 2017
Quezon City, Philippines
All rights reserved.
This publication may be freely cited, quoted, reproduced, stored in or introduced into a retrieval system, or
transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise)
provided proper citation of the publishers is made.
ISBN # 978-971-0311-25-5
EDITORIAL TEAM
Author / Editor Atty. Mary Claire Demaisip
Contributors Maricel Almojuela-Tolentino
Kimberly Alvarez
Atty. Janice Co
Gillian Marie Cruz
Anthony Marzan
Atty. Rolly Francis Peoro
Balaod Mindanaw
Center for Agrarian Reform and Rural Development (CARRD)
PAKISAMA
Task Force Mapalad (TFM)
Layout & Design Gillian Marie Cruz
Photos KAISAHAN, Inc.
Updates to Agrarian Reform Laws, Rules and Regulations: A Paralegal Manual
Table of Contents
Contents i
List of Acronyms iii
Foreword viii
Introduction 1
Introduction 5
CARP Beyond June 30, 2014 9
Introduction 19
AO No. 07, Series of 2011, as amended 21
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Introduction 83
Role of the PNP and AFP in the Installation of ARBs 85
Basic Agrarian Reform Concepts 90
and Principles
References 151
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list of acronyms
A&D Alienable and Disposable
ACP Absolute Community of Property
AdvSP Advanced Survey Plan
AFP Armed Forces of the Philippines
AO Administrative Order
AOC Agrarian Operation Center
AJD Agrarian Justice Delivery
ALI Agrarian Law Implementation
APCP Agrarian Production Credit Program
APFU Application to Purchase and Farmer’s Undertaking
ARB Agrarian Reform Beneficiary
ARBO Agrarian Reform Beneficiary Organization
AR Now! People’s Campaign for Agrarian Reform
ASP Approved Survey Plan
BALAOD BALAOD-Mindanaw Inc.
BARC Barangay Agrarian Reform Council
BFP Bureau of Fire Protection
BIR Bureau of Internal Revenue
BLAD Bureau of Land Acquisition and Distribution
CA Compulsory Acquisition
CARRD Center for Agrarian Reform and Rural Development
CARL Comprehensive Agrarian Reform Law
CARP Comprehensive Agrarian Reform Program
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PO People’s Organization
POC Police Commissioned Officer
PPBDD Provincial Program Beneficiaries Development Division
PPU Pre-Processing Unit
PSS Perimeter Segregation Survey
RA Republic Act
RARAD Regional Agrarian Reform Adjudicator
RD Regional Director
RLO Registered Land Owner
ROD Register of Deeds
SALIGAN Sentro ng Alternatibong Lingap Panlegal
SC Supreme Court
SS Support Services
TCT Transfer Certificate of Title
TFM Task Force Mapalad
TRO Temporary Restraining Order
UPALs Untitled Private Agricultural Lands
VLT Voluntary Land Transfer
VOS Voluntary Offer to Sell
foreword
• pursue reforms and protect the gains of past and current asset
reform policies and programs;
It is in this context that the People’s Campaign for Agrarian Reform (AR
Now!), Center for Agrarian Reform and Rural Development (CARRD),
Pambansang Kilusan ng mga Samahang Magsasaka (PAKISAMA) and
Task Force Mapalad (TFM) organized onsite training courses among
their partner communities, conducted paralegal cliniquing sessions and
convened a national inter-organizational sharing to jointly reflect on
issues and draw lessons on practices that worked. Towards this end, the
summative experiences of the members are incorporated in this updated
version of paralegal manual supported by ILC in the previous NES.
We hope that the readers of this manual will find it useful for their
advocacies.
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Introduction
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This publication will provide updates on the rules and regulation related
to the implementation of agrarian reform in the Philippines.
Also included in this publication are guidelines related to the role of the
Philippine National Police (PNP) in the installation of agrarian reform
beneficiaries (ARBs) in their awarded lands, as well as information related
to accessing financial assistance the Agrarian Production Credit Program
(APCP) under the joint credit and capacity development program of the
Department of Agriculture (DA), DAR and Land Bank of the Philippines
(LBP).
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CARP beyond
JUNE 30, 2014
carp beyond june 30, 2014
Introduction
1 Decreeing the Emancipation of Tenants from the Bondage of the Soil, Transferring to Them the
Ownership of the land They Till and Providing the Instruments and Mechanism Thereof
2 Section 4, R.A. 6657, as amended by R.A. 9700.
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In 2009, R.A. 9700 or the CARPER was passed into law and amended certain
provisions of the CARL. It infused new funding for CARP implementation
and introduced reforms to the existing law, such as6:
3 Securing the Right to Land: An Overview on Access to Land in Asia, 2nd Edition, ANGOC,
2012, p.191.
4 Section 5, R.A. 6657.
5 An Act Strengthening Further the Comprehensive Agrarian Reform Program (CARP),
by Providing Augmentation Fund Therefor, Amending for the Purpose Section 63 of Re
public Act No. 6657, Otherwise Known As the CARP Law of 1988
6 Securing the Right to Land: An Overview on Access to Land in Asia, 2nd Edition,
ANGOC, 2012, p.192.
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Five (5) years after the enactment of CARPER, the LAD process of
the CARP remains to be completed. In its 2015 accomplishment
report, the DAR stated that it has distributed a total of 4.724 million
hectares to 2.790 million ARBs nationwide. Unfortunately, more
than 600,000 hectares remain undistributed today excluding
those landholdings that have yet to be issued Notices of Coverage
(NOCs).7
7 What now For Agrarian Reform Implementation in the Duterte Administration?, Policy
Brief, ILC-NES in the Philippines, August 2017.
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CARP beyond
june 30, 2014
Did the CARPER law expire last June 30, 2014?
No. T h e CARPER law did not expire last June 30, 2014. R.A. 6657 as
amended by R.A.9700 remains effective even beyond the said date.
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June 30, 2014 is the directory deadline set by the law to complete
the land acquisition and distribution of the CARP. This is NOT the
expiration date of the program.
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12 DOJ Opinion No. 9, Series of 1997 and No. 59, Series of 2013, citing Marcelino vs.
Cruz, Jr., 121 SCRA 51.
13 DOJ Opinion No. 9, Series of 1997 and No. 59, Series of 2013, citing Giao vs. Figueroa,
94 Phil 1022.
14 DOJ Opinion No. 9, Series of 1997 and No. 59, Series of 2013, citing Vda. De Mesa
vs. Mencias, 18 SCRA 533
15 DOJ Opinion 1997 and No. 9, Series of 59, Series of 2013, citing Phil. Association of Free
Labor Union vs. Sec of Labor, 77 SCRA 40.
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17 What now For Agrarian Reform Implementation in the Duterte Administration?, Policy
Brief, ILC-NES in the Philippines, August 2017.
18 The NOC bill is a legislative proposal to the 17thCongress, which seeks to amend RA
9700. It allows the DAR to issue NOCs to CARP covered landholdings. In this bill DAR’s
mandate to issue NOCs shall continue until completion of the CARP. In the House of
Representatives, Reps. Kaka Bag-ao, Tom Villarin and Teddy Bguilat are the principal
sponsors of the NOC Bill. In the Senate, Senators, Rissa Hontiveros and Gringo Honasan
are the proponents of the said bill.
19 Based on KAISAHAN database as of December 2016.
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DAR Implementing
Rules and
Regulations
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Introduction
R epublic Act 9700 which amended RA 6657 provides for, among others,
the continuing acquisition and distribution of agricultural lands
covered under the CARP. Subsequently, DAR issued AO 2 Series of 2009
to govern the rules and procedure of the LAD process.
Since then, various AOs have been issued amending the specific
provisions of AO 7 Series of 2011 and AO 3 Series of 2012, in response
to the continuing challenges in the implementation of the LAD. Notable
of these amendments is AO 5 Series of 2017, which among others,
allowed the LAD process to continue until the installation of farmers for
landholdings with pending protests on the coverage and/or petitions
for exclusion or exemption. This amended Section 29 of AO 7 Series of
2011 which permitted the continuance of the LAD process only until the
issuance of the Memorandum of Valuation (MOV).
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Yes. AO 7 is the applicable rule, provided that the validity of any and all
acts undertaken are governed by the rules prevailing at the time the said
acts were made.
The VLT mode was removed under CARPER. Only those landholdings
submitted for VLT on or before June 30, 2009 can be distributed using
the VLT mode.
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CA
CA
VOS xvlt
No. DAR recognizes the need to update the approved LAD Balance in view
of perceived addition and deduction of landholdings. Related thereto, it
came up with a set of guidelines in the use, treatment and updating of
the said LAD Balance contained in DAR Memorandum Circular 08, Series
of 2010.
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EXCLUSION
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EXEMPTION
A. Parks;
B. Wildlife;
C. Forest reserves;
D. Reforestation;
E. Fish sanctuaries and breeding grounds;
F. Watersheds;
G. Mangroves;
H. National defense;
I. School sites and campuses, including experimental farm
stations operated by public or private schools for educational
purposes;
J. Seeds and seedlings research and pilot production centers;
K. Church sites and Islamic centers appurtenant thereto;
L. Communal burial grounds and cemeteries;
M. Penal colonies and penal farms actually worked by the inmates;
N. Government and private research and quarantine centers;
O. Fish ponds and prawn farms; and
P. Livestock, poultry, and swine-raising since June 15, 1988.
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CONVERSION
Generally, DAR will not cover those landholdings with conversion orders.
However, if the following circumstances occur due to the fault of the
applicant, the same will be covered:
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The DAR shall take possession of awarded agricultural lands which where
foreclosed for failure to pay the amortization for three (3) aggregate years
and were not redeemed within the two (2) year redemption period. The
LBP shall certify the land’s availability for reallocation and the DAR shall
identify new agrarian reform beneficiaries (ARBs).
SCHEDULE OF ACQUISITION
AND DISTRIBUTION
Will DAR cover landholdings identified in the LAD
Balance all at the same time?
Phase 1
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Phase 2-A
Phase 2-B
Phase 3-A
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COMPULSORY ACQUISITION
Tagged as the three (3) basic documents, the following validates the
identity of the LO and the landholding:
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“In case the RLO stated in the Transfer Certificate of Title (TCT)
or Original Certificate of Title (OCT) is different from that stat-
ed in the Tax Declaration, the NOC shall be served to the RLO
stated in the TCT or OCT.
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2. Issuance of NOCs
What is an NOC?
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The NOC shall be issued to the land owner stated in the TCT or OCT
or, in case of untitled private agricultural land, in the tax declaration.
If the registered
Service shall be made upon:
landowner(s) is/are:
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If the registered
Service shall be made upon:
landowner(s) is/are:
Preferably, the NOCs shall be issued not later than 180 days from the
first day of the scheduled date of acquisition.
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A. Personal service;
B. Substituted service;
D. Publication.
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A. Submission of Letter-Offer
What does the letter-offer under the voluntary
offer to sell mode contain?
No. An LO who wishes to offer his landholding under VOS must offer
the entire area of the same parcel of land, subject to his retention
right.
Yes, provided that the letter-offer has not yet been accepted by DAR.
Once withdrawn, the landholding is automatically covered under CA.
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LANDOWNER’S OPTIONS
The options available to the landowners and the period within which
to exercise the same depend on the mode of acquisition. Those who
applied under the VOS mode, for example, are deemed to have waived
certain rights that may be exercised by the landowners under the CA
mode.
For landholdings under VOS, the landowner shall exercise his right of
retention and right to nominate preferred beneficiaries by submitting a
notarized notice thereof at any time prior to the completion of service of
the Letter of Acceptance.
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NOMINATION OF PREFERRED
BENEFICIARIES
Who can be nominated as preferred beneficiaries?
A. Filipino citizen;
B. At least fifteen (15) years of age as of June 15, 1988; and
C. Actually tilling or directly managing the farm as of the time of
the conduct of the field investigation of the landholding.
manifestation
≠ application / petition
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A. Cease and Desist (CDO) or Status Quo Order from the Secretary;
B. Temporary Restraining Order (TRO) or Preliminary Injunction
from the Supreme Court
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Points to Ponder
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Under the existing rules, the ARBs have the right of usufruct
over the land from the time the DAR takes constructive or
actual possession of the same until the award of a CLOA30.
The issuance of the COD marks the period when the DAR
shall take possession of the landholding covered under
the CARP31. Pending the award of the CLOA and for the
purpose of establishing usufructuary rights, the DAR shall
immediately inform the ARBs, upon the issuance of the
Certificate of Deposit (COD) and upon actual possession of
the land32, that they have been identified and qualified to
receive the land,
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Please note that AO3 series of 2017 amended the Rules for
ALI cases. (Please refer to Annex: Administrative Order No.
03, Series of 2017)
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RETENTION
Is the manifestation to exercise right of retention the
same as petition to exercise right of retention?
Yes, but the heirs of the deceased landowner who died after 15 June 1988
are only entitled to the five (5) hectare retention area.
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They shall be leaseholders in the said land and shall not qualify as
beneficiaries under CARP. This option must be exercised within a period
of one (1) year from the time the landowners manifests his choice of
retention area.
No. Lands that are to be expropriated by LGUs shall not be subject to the
five (5) – hectare retention limit. However, prior to the expropriation, the
subject land shall first undergo the LAD process, and the ARBs shall be
paid just compensation without prejudice to their qualifying as ARBs in
other landholdings.
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ARB IDENTIFICATION
The office of the MARO and the Barangay Agrarian Reform Council
(BARC) are in-charge with (i) the information dissemination about the
identification of ARBs; (ii) the conduct of screening process; and (iii) the
posting and service of the required lists. For each posting, the MARO shall
secure the necessary certifications from the appropriate government
offices for inclusion in the Claim Folder.
ARB IDENTIFICATION
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Within thirty (30) days from receipt of the NOC, the landowner is directed
to submit a list of all his/her tenants, agricultural lessees, and farmers
(regular and seasonal) at the time of its issuance. Said list shall be the
initial basis for the identification of farmer beneficiaries.
The MARO shall then conduct an initial determination of who are the
qualified ARBs for the pertinent landholding.
Within three (3) working days from receipt of the list or after the lapse
of the thirty (30) day period for the submission, the MARO together
with the BARC shall prepare the preliminary list of qualified ARBs clearly
indicating therein their classification (i.e. tenants, regular farmworkers,
etc.). The preliminary list shall be posted for seven (7) days at the subject
landholding and on the bulletin boards of the Municipal/City Hall and
Barangay Hall where the land covered is located.
Yes. Qualified beneficiaries who are husbands and wives may be entitled
to three (3) hectares each, provided that they qualify as ARBs in their own
individual rights and that their respective vested rights to the land have
been duly established.
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The preliminary list contains the names of the potential ARBs and
instructions to –
Applicants have seven (7) days from the last date of posting within which
to submit the essential documents to prove their qualification.
A. Identity;
B. Residency in the community where the landholding is located;
C. Qualification as ARBs; and
D. Interest to become ARBs.
The MARO, together with the BARC or the Barangay Council (if there is no
BARC), shall screen and select qualified ARBs. Within five (5) days after the
selection, the BARC or the Barangay Council shall prepare, under oath, a
Master List of qualified ARBs. The list shall be served to the landowner
not later than fifteen (15) days from certification through registered mail.
The Master List contains (i) the names of the qualified ARBs listed
according to prioritization; and (ii) notice to qualified ARBs that they will
be required to –
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This order shall be used in the determination of how the subject land will
be divided among the potential ARBs.
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How about the ARBs? How will they know the contents
of the Master List?
Within fifteen (15) days after the posting of the Master List, any of the
potential beneficiaries may file a written protest thereon. In such a case,
the PARO shall conduct compulsory arbitration within ten (10) days
from receipt of said protest to resolve the same. The parties concerned,
specifically the persons to be excluded, shall be duly notified of the
proceedings and the decision.
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Yes. The amended list shall be posted for another seven (7) days.
A person who disagrees with the decision may file a verified petition
for inclusion/exclusion against the ARBs in accordance with existing ALI
rules.
The filing of a verified petition must be initiated within one (1) year from
the registration of the Republic of the Philippines title (“RP Title”), or from
the issuance of Certificate of Deposit in case the landholding is untitled.
Petitions filed beyond the one (1) year period will be dismissed.
No. The LAD process shall continue despite the pendency of the case. But
if the action is still pending at the time of the generation of the CLOAs,
the ARBs shall be notified by the MARO that the land allocated may still
change depending on the final conclusion of the case. In such case, the
PARO shall cause the annotation on the back of the CLOA that the award
is not yet final until such time that a final and executory decision has been
rendered on the case.
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Issuance of noc
30 days
7 days
submission of documents
Screening
5 days
15 days
lo to file protest
lo to attest to the veracity of
the list of non-action
decision of paro
15 days
FInal list arb to file protest
1 year
final list
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The PARO, in his own instance, shall cause the removal of the annotation
upon the termination of the case.
ARB OATH
The ARBs who qualify under the screening process shall state under oath
before the judge of the city or municipal court that he/she44:
No. The failure to take the ARB Oath shall not be construed as a waiver of
the right of the farmer to become an ARB. On the other hand, it will also
not be considered as an exemption from fulfilling the obligations of an
ARB under agrarian reform laws.
The failure to take the ARB Oath will also not cause the ARBs to be
removed from the ARB Masterlist.
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Points to Ponder
ARB Oath in lieu of APFU
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The Provincial Agrarian Reform Program Officer (PARPO) shall, within five
(5) working days from receipt of the claim folder (CF) from the Municipal
Agrarian Reform Program Officer (MARPO), determine the completeness
and correctness of the required documents prior to the conduct of the
Joint Field Investigation (JFI) and valuation.
If the documents are complete and correct, the PARPO shall within five
(5) working days, submit the CF together with the Advance or Approved
Copy of the Segregation or Subdivision Plan (AdvSP or ASP), whichever is
applicable, to the DAR Regional Office (DARRO).
In the case of the AdvSP, the PARPO and the Geodetic Engineer (GE) who
conducted the survey shall jointly certify that the AdvSP to be used in the
JFI is the same subdivision plan attached to the survey returns submitted
or to be submitted to the DENR or the LRA for approval.
45 Sections 65 and 68 of AO 7 Series of 2011 and Sections 20, 21 and 22 of AO 3 Series of
2011, as amended by Section 1.1 of AO 4 Series of 2014.
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No. However the DAR needs to attach the Segregation Survey Plan to its
request for a joint FI. The land use shall be indicated per lot in the AdvSP
or ASP during the Field Investigation.
Where a particular lot has multiple land uses, the AdvSP or ASP should
reflect the actual land use/s on a per lot basis.
In case of conflict between the AdvSP or ASP and the result of the JFI, the
JFI shall prevail. A resurvey will be conducted to adjust the AdvSP or the
ASP in accordance with the result of the JFI.
Immediately after the completion of the JFI, the team shall accomplish
and sign a Field Investigation Report (FIR). They will certify the correctness
of the land use/s per lot by affixing their signatures of the AdvSP or the
ASP.
The FIR signed by the JFI team shall be forwarded by the MARPO to the
PARPO and LBP Agrarian Operation Center (AOC) Head for notation and
signature.
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If the FIR tallies with the AdvSP or ASP, the PARPO shall immediately
forward the FIR, together with the copy of the AdvSP or ASP certified by
the JFI team, to the DAR Regional Office (DARRO) for inclusion in the CF
by the Regional CARPO for Operations.
The purpose is to verify the reports contained in the Claim Folder (CF) for
valuation purposes. It shall be conducted jointly by the MARO, a member
of the BARC and representatives of the LBP.
Yes. They shall be notified no later than fifteen (15) days prior to the
scheduled date of the conduct of the FI. DAR may proceed even in their
absence, provided that they were duly notified. Proof of notice shall be
included in the CF.
After the FI, the MARO and the representatives of BARC and LBP shall
prepare the FIR.
Upon completion of the FIR, the CF and the Land Distribution Information
Schedule (LDIS) shall be transmitted to the DAR-LBP Processing Unit
(PPU) for verification and eventual transmittal to the LBP. Upon receipt,
LBP may begin its process of determining the value of just compensation.
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LAND VALUATION
The LBP shall determine the initial valuation of the landholding and
inform DARPO of its computation through a Memorandum of Valuation
(MOV) with a Land Valuation Worksheet (LVW). No MOV, however, shall
be issued by LBP prior to its receipt of the Approved Survey Plan (ASP).
The ASP refers to the survey plan verified and approved by DENR-LMS.
DARPO shall submit the ASP to the LBP within three (3) days from receipt.
If the ASP’s total area is the same as in the survey plan included in the CF,
then the LBP may determine the initial valuation. Otherwise, a resurvey
must be conducted to correct the discrepancy.
Aside from the ASP, the DARPO will also submit the Masterlist of ARBs, the
ARBs Oaths and the Land Distribution and Information Schedule (LDIS)
to the LBP within three (3) working days from the execution of the ARBs’
Oaths. The ARB Oath shall be used in lieu of the APFU48.
Where –
LV Land Value
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D. If only MV is present:
LV= MV x 2
In no case, however, shall the value of idle land using the formula (MV
x 2) exceed the lowest value of land within the same estate under
consideration or within the same barangay, municipality, or province (in
that order) approved by the LBP within one (1) year from receipt of the CF.
No. They are not to be included in the computation because the preferred
beneficiaries are his/her children.
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Within three (3) days from receipt of the MOV, the PARO shall issue the
Notice of Land Valuation and Acquisition (NLVA) and direct the MARO to
serve the NLVA, MOV and LWV to the landowner within five (5) days.
PARO
On the same day, the PARO shall transmit his Order to Deposit Landowner’s
Compensation to the LBP. The LBP, in turn, shall issue a Certificate of
Deposit (COD) upon receipt. LBP shall also notify LO of the checklist of
pre-payment requirements.
The NLVA shall also be posted at the site of the landholding and on the
bulletin boards of the Barangay Hall and Municipal/City Hall where the
subject landholding is located within five (5) days.
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Yes, the landowner may withdraw the original value subject to the
submission of the requirements for payment. The withdrawal shall not
automatically terminate the adjudication of the just compensation case.
Within ten (10) days from receipt, the PARO shall transmit copies of the
COD and ASP to the ROD and request for the issuance of a TCT in the
name of the Republic of the Philippines.
Upon receipt of the request, the ROD shall immediately issue the RP Title
for the CARP covered area and a separate title to the retention and non-
coverable areas in the name of the LO.
CLOA GENERATION
Simultaneous to the request for issuance of RP Title, the PARO shall direct
the MARO to take actual possession of the land and to prepare the Land
Distribution Folder (LDF). While preparing the LDF, the MARO shall notify
the qualified ARBs of the completion of the acquisition process. The
MARO shall also notify them of their usufructuary rights over the lands
allocated as their area of award.
DARPO will proceed with the generation of the CLOAs upon verification
of the contents of the LDF.
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The MARO shall provide a list containing the names of the qualified ARBs
and their corresponding lot areas.
LAND DISTRIBUTION
The qualified ARBs may agree among themselves how the land shall be
allocated. The agreement must be signed by all.
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In case the allocation will result to the distribution of less than 1,000
square meters to each ARB, the following shall be followed:
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The same shall be distributed in the manner laid out in item 95 to the
identified seasonal farmworkers, other farmworkers, actual tillers or
occupants of public lands, and others directly working on the land, in
that order of prioritization. This means that all seasonal farmworkers
shall first receive a maximum of three (3) hectares before the remaining
areas will be allocated to the other qualified ARBs.
CLOA GENERATION
A collective CLOA shall be issued in the name of the co-owners, who may
form a farmer’s cooperative/association or collective organization. In
such a case, the names of all the beneficiaries must be listed in the CLOA.
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The preference for a collective CLOA shall be made within fifteen (15)
days from the posting of the Master List. Failure to file a manifestation
shall be construed as a waiver of the right to choose and that the ARBs
opted for an individual CLOA.
It shall be allowed ONLY if the beneficiaries opt for it, and in case there
is a clear development plan that would require collective farming or
integrated farm operations exhibiting the conditions described in Section
96 of AO 7. Otherwise, individual CLOAs shall be issued.
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Pending the award of the CLOA, may the ARB till the
land?
Yes. The ARBs have the right of usufruct over the land from the time the
DAR takes constructive or actual possession of the same until the award
of a CLOA.
For legally married spouses, the names of both husband and wife shall
appear in the CLOA and shall be preceded by the word “spouses.”
Should the couple qualify as individual ARBs, their names shall be
registered in the title, indicating that the first named spouse is the
awardee (i.e. Maria married to Juan).
The same provisions shall apply where married ARBs or those in common
law relationships are covered by a collective CLOA.
The rights of the ARBs (other than the usufructuary rights) and their
obligations shall commence from their receipt of a certified true copy of
the duly registered CLOA and actual physical possession of the awarded
property.
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OBLIGATIONS OF ARBs
• To exercise diligence in the use, cultivation, and maintenance of the
land, including the improvements thereon. Negligence, misuse, or
unauthorized sale of the land or misuse of any support extended to
an ARB shall be a ground for the forfeiture of one’s right as an ARB.
Yes. They can secure a copy of the CLOA. Pending full payment of the
amortization, however, the LBP as the mortgagee-financing institution
shall be the responsible repository of the CLOAs until the time of their
release to the ARBs upon full payment of the land amortization and the
cancellation of the encumbrance.
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INSTALLATION OF ARBS
As owner/s of the awarded land, the ARB shall take possession of land
from the time the same is awarded to them through a registered CLOA.
In case taking possession of the awarded land by the ARB would imperil
or endanger their lives, the DAR shall assume responsibility for the
installation of the ARBs, with the assistance of the police or military, until
they have settled in constructive and physical control of the property.
The PARO may issue a Writ of Installation directing the Sheriff of the
Provincial Agrarian Reform Adjudicator (PARAD) or the Regional Agrarian
Reform Adjudicator (RARAD) who has jurisdiction over the landholding,
alone or with the assistance of the police or military, to conduct all
necessary lawful acts to physically install the ARBs.
In case the installation would need the assistance of the police or military,
the PARO shall coordinate with the Department of National Defense-
Armed Force of the Philippines (DND-AFP) and the Department of Interior
And Local Government- Philippine National Police (DILG-PNP), pursuant
to the Memorandum Order executed by the DAR, DILG and DND.
The ARBs may seek assistance from the DAR when they are facing threats,
harassments, or ejection attempts by the landowners and other parties.
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The DAR shall assist the ARBs in reporting cases to the police or military, as
well as the filing of the appropriate legal action against those responsible,
if warranted. If dispossessed, the DAR shall assist the ARBs in recovering
the possession of their land.
In the event the former landowners harasses or threatens the ARBs, they
should immediately report the matter to the concerned PNP and DARPO.
The ARB shall be assisted by the DAR Regional/Provincial Legal Division,
Public Attorney’s Office (PAO), and the Office of the City/Provincial
Prosecutors for legal action.
The ARBs shall take the initiative in filing a criminal case against the
perpetrators, with DAR providing legal assistance to the ARBs. The ARBs
shall be re-installed notwithstanding the pendency and result of the case
filed against the perpetrators conformably with A.O. No.4, Series of 2010.
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Yes. The RD and the DAR Secretary, motu propio, can grant a protective
order injunction order within two (2) years from the issuance of the CLOA
to preserve the covered lands and ensure the peaceful and effective
ownership of the ARBs.
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Role of the PNP
and AFP in the
Installation of
ARBs
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Role of the pnp and afp in the installation of arbs
Introduction
There are many instances were CLOA holders cannot set foot on their
awarded lands. The former landowners hire blue guards, or employ
their farmworkers to block the CLOA holders from entering the land and
threaten their family members with harm or filing of cases if they persist
on doing so. They take advantage of the poverty and vulnerability of
the farmers using violence, harassment – both physical and legal, and
intimidation.
The DAR and PNP assistance is crucial in ensuring the actual and peaceful
possession of farmers in their awarded lands, especially where landowner
resistance is strong and unrelenting. These agencies provide installation
guidelines49 in cases where the FBs need DAR and PNP assistance to
assert their rights of ownership over their property.
49 DAR AO 7, Series of 2011 as amended and PNP Handbook PNPM-DO-DS-3-2-13 issued
In December 2013.
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Section 69 of RA. 6657 expressly provides that DAR, in the exercise of its
functions, is hereby authorized to call upon the assistance and support of
other government agencies, bureaus and offices, including government
owned or controlled corporations.
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DAR AO 5, Series of 2017 further stressed the crucial role of the security
sector in the installation of the ARBs in the exercise of their rights as
owners of the land. The said AO provides that the DAR, through the
PARPO “must ensure the installation of the ARBs on their awarded lands,
as owners, until they are in physical possession and full control thereof,
and if necessary, call on the Philippine National Police (PNP) and/or
Armed Forces of the Philippines (AFP) for assistance. xxx xxx xxx”
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Rule 30 of the 2013 PNP Manual50 provides for specific rules regarding the
provision of police assistance in the implementation of the CARP.
Under Rule 30.1 of the 2013 PNP Manual, the following activities can be
provided with police assistance:
A. Final Orders
1. Land survey
2. Field Investigation
3. Ocular Inspection
5. Post Installation
6. Landholding tagging
7. Analogous cases
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Under Rule 30.2 of the 2013 PNP Manual, police assistance in the
implementation of final orders, decisions, resolutions or CLOAs issued
by DAR shall be rendered only upon a written request submitted by the
Agrarian Reform Officer or any authorized Officer of DAR, accompanied
with the original or authenticated copy of the final decision, order or
CLOA to be implemented. The request and its attachments, regardless of
the place of execution, shall be submitted to the Office of the Chief, PNP
for his approval.
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As provided in Rule 30.4 of the 2013 PNP Manual, the head of office
or unit tasked to render police assistance shall have the discretion to
employ sufficient number of PNP uniformed personnel after taking into
consideration the scope of the resistance to be encountered, if there
is any, and the general peace and order condition in the area. Unless a
higher ranking Officer is necessary and more PNP personnel are required,
the police team that will render police assistance should be led by a Police
Commissioned Officer (PCO) with the rank of Police Senior Inspector. All
members of the team shall be in prescribed uniform when rendering
police assistance.
Rule 30.5 of the 2013 PNP Manual states that the PNP personnel shall
observe maximum tolerance and respect for individual rights at all times.
The use of reasonable force shall only be resorted to for self-defense and
defense of strangers. Moreover, the PNP personnel shall always exercise
utmost impartiality and neutrality in effecting its role. The role of the PNP
when rendering police assistance shall be limited to the maintenance of
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peace and order, crowd control, and the security of the duly authorized
officer of the DAR. In no case shall PNP members participate in the
implementation of the decision/order/resolution or in the conduct of any
of the preliminary agrarian activities, which shall be undertaken by the
duly authorized officer of the DAR.
The duly authorized officer of the DAR leading the implementation of the
decision/order/resolution/CLOA or leading the conduct of the preliminary
agrarian activity shall have the final disposition whether to proceed or
not with the implementation of the decision/order/resolution/CLOA or
conduct of the activity.
What is a CLOA?
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As owner/s of the awarded land, the ARB shall take possession of land
from the time the same is awarded to them through a registered CLOA.
Pending the award of the CLOA, may the ARB till the
land?
Yes. The ARBs have the right of usufruct over the land from the time the
DAR takes constructive or actual possession of the same until the award
of a CLOA52.
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What is “ïnstallation?”
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Any person who knowingly or willfully violates the provisions of this Act
shall be punished by imprisonment of not less than one (1) month to not
more than three (3) years or a fine of not less than One thousand pesos
(P1,000.00) and not more than Fifteen thousand pesos (P15,000.00),
or both, at the discretion of the court: Provided, That the following
corresponding penalties shall be imposed for the specific violations
hereunder:
1. Imprisonment of three (3) years and one (1) day to six (6) years or
a fine of not less than Fifty thousand pesos (P50,000.00) and not
more than One hundred fifty thousand pesos (P150,000.00), or
both, at the discretion of the court upon any person who violates
Section 73, subparagraphs (a), (b), (f ), (g), and (h) of Republic Act
No. 6657, as amended; and
2. Imprisonment of six (6) years and one (1) day to twelve (12) years or
a fine of not less than Two hundred thousand pesos (P200,000.00)
and not more than One million pesos (P1,000,000.00), or both, at
the discretion of the court upon any person who violates Section
73, subparagraphs (c), (d), (e), and (i) of Republic Act No. 6657, as
amended.
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Yes. Under Section 5 of Rule 113 of the Rules of Court, a peace officer or
private person may arrest without warrant:
In case the installation would need the assistance of the police or military,
the PARO shall coordinate with the DND-AFP and the DILG-PNP, pursuant
to the Memorandum Order executed by the DAR, DILG and DND.
The ARBs may seek assistance from the DAR when they are facing threats,
harassments, or ejection attempts by the LOs and other parties.
The DAR shall assist the ARBs in reporting cases to the police or military, as
well as the filing of the appropriate legal action against those responsible,
if warranted. If dispossessed, the DAR shall assist the ARBs in recovering
the possession of their land.
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The ARBs shall take the initiative in filing a criminal case against the
perpetrators, with DAR providing legal assistance to the ARBs. The ARBs
shall be re-installed notwithstanding the pendency and result of the
case filed against the perpetrators conformably with A.O. No.4, Series of
201055.
55 Amendment to Administrative Order No. 2, Series of 2009 on the Installation of ARBs
with Registered CLOAs. Please note that this is already incorporated in Sections 110 and
111 of AO 7 Series of 2011 as amended.
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leasehold
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tenancy and leasehold
Introduction
L aws on tenancy have been enacted since the 1930s to regulate the
relationship of the landlord and tenant. These laws and regulations have
since changed. From the Rice Tenancy Act (1933) which institutionalized
the 50-50 per cent sharing between the landlord and the tenant, the
CARP, as amended abolished share tenancy and converted the same into
leasehold. Under the leasehold tenancy, the tenant pays the landholder
a fixed amount in the form of money or agricultural products, or both.
Under a leasehold tenancy agreement, the consideration for the lease
shall not be more than the equivalent of twenty five per cent (25%)
of the average normal harvest during the three (3) agricultural years
immediately preceding or prior to the date the leasehold is established56.
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Who is a tenant?
A tenant shall mean a person who, himself and with the aid available
from within his immediate farm household, cultivates the land belonging
to, or possessed by, another, with the latter’s consent for purposes of
production, paying to the landholder a price certain or ascertainable in
produce or in money or both, under the leasehold tenancy system (A.O.
2, Series of 2006).
Who is a landholder?
The “landholder” need not be the actual owner of the land. The
landholder may either be (a) the landowner; or (b) the legal
possessor of the land (e.g. usufructuary or lessee).
Thus, even if the tenant does not actually till the soil,
there may still be “cultivation” of the land.
Share Tenancy exists when two persons agree on a joint undertaking for
agricultural production. One person, referred to as “landholder”, furnishes
or provides the land, while the other person, called the “tenant”, provides
his labor by physically cultivating the land. The produce or products of
the Share Tenancy Agreement are divided between the landholder and
the tenant. This is no longer allowed under RA 6657.
On the other hand, Leasehold Tenancy exists when a person, called the
tenant, agrees to cultivate an agricultural land owned or legally possessed
by another, called a “landholder.” The tenant only pays the landholder a
fixed amount in the form of money or agricultural product, or in both.
Under a Leasehold Tenancy Agreement, the agricultural products are not
divided between the landholder and the tenant.
1. To choose the kind of crop and the seeds which the tenant
shall plant in his holdings; provided, however, that if the
tenant should object, the court shall settle the conflict,
according to the best interest of both parties;
The expiration of the period of the contract as fixed by the parties, and
the sale or alienation of the land do not by themselves extinguish the
relationship. In the latter case, the purchaser or transferee shall assume
the rights and obligations of the former landholder in relation to the
tenant.
D. When the tenant uses the land for a purpose other than that
specified by agreement of the parties;
It was issued by the DAR to attend to and improve the economic condition
of the agricultural lessees-tenants on coconut lands devastated by
fortuitous events or natural disasters, and to address and mitigate the
effect of such fortuitous events or natural disasters on landholdings
devoted to coconut production.
This refers not only to events that cannot be foreseen, but also those
which are foreseen but unavoidable. It can be an “act of God” or “act of
man. An “act of God” refers to natural calamities or occurrences (examples:
typhoons or floods). On the other hand, an “act of man” refers to man-
made occurrences or events (examples: riots, strikes, and wars).
These are trees which are crownless or have fallen down, or where the
fronds are heavily shaken and/or cracked. These are trees which have no
chance of survival.
No. The tenant-lessee can only be removed from his/her farm holding
when his/her dispossession has been authorized by an appropriate body
or court in a judgment that is final and executory.
A. Fined or imprisoned;
The consideration (rent or payment) for the lease shall not be more than
the equivalent of twenty five per cent (25%) of the average normal harvest
during the three agricultural years immediately preceding or prior to the
date the leasehold was established, after deducting the amount used
for seeds and the cost of harvesting, threshing, loading, hauling, and
processing whichever is applicable.
If the land has been cultivated for less than three years, the initial
consideration shall be based on the average normal harvest of the
preceding year/s when the land was actually cultivated, or on the harvest
of the first year in the case of newly cultivated lands, if that harvest is
normal.
However, in case of crops that yield more than one harvest from planting,
the ”agricultural year” shall be the period from the preparation of the land
to the first harvest and thereafter, from harvest to harvest. In both cases,
the period may be shorter or longer than the calendar year.
Hence, the tenant-lessee shall continue to cultivate the land even if the
coconut trees are destroyed and totally-damaged because of a calamity.
The cost of cutting and hauling shall first be deducted from the net
proceeds of the cut coconut trees. The party or person who paid for the
expenses of cutting and hauling shall be reimbursed for his expenses. After
deducting the cost of cutting and hauling, the net proceeds shall then be
divided between the tenant-lessee and landowner-lessor according to
their agreement. However, the share of the tenant-lessee shall never be
less than seventy-five percent (75%) of the net proceeds. This means that
the share of the tenant- lessee may be more than Seventy-Five Percent
(75%) but it cannot be less than Seventy-Five Percent (75%).
Hence, this ratio gives meaning to social justice in favor of the tenant-
lessee.
The person who will replace the tenant-lessee and continue the leasehold
agreement shall be chosen by the landholder-lessor within one (1) month
from the death or permanent incapacity of the tenant-lessee. The choice
of the landholder-lessor shall be from the following persons:
A. surviving spouse;
In case the death or permanent incapacity of the lessee occurs during the
agricultural year, the landholder-lessor shall make his choice at the end of
the said agricultural year.
If the landholder-lessor fails to make his choice within the said agricultural
year, the person who will continue as the “substitute tenant-lessee” shall
be in accordance with the order provided above.
OPERATING PROCEDURES
iv. In case any of the parties disagrees with the PLR, the same
shall be submitted to the PARAD for the determination of
lease rental;
It was issued by the DAR to remedy the recent massive infestation of scale
insects, known locally as “Cocolisap”.
In view of the very serious threat and danger these “Cocolisap” insects
have presented to the economic condition and livelihood of the tenant-
Kamatis Mango
Potato Mangosteen
The tenant-lessee can only be removed from his/her farm holding when
his/ her dispossession has been authorized by an appropriate body or
court in a judgment that is final and executory.
The tenancy relationship will still continue to take effect despite the
“Cocolisap” infestation.
The consideration (rent or payment) for the lease shall not be more than
the equivalent of twenty five per cent (25%) of the average normal harvest
during the three agricultural years immediately preceding or prior to the
date the leasehold was established, after deducting the amount used
for seeds and the cost of harvesting, threshing, loading, hauling, and
processing, whichever is applicable.
If the land has been cultivated for less than three years, the initial
consideration shall be based on the average normal harvest of the
preceding year/s when the land was actually cultivated, or on the harvest
of the first year in the case of newly cultivated lands, if that harvest is
normal.
Yes. The affected tenant shall be allowed to cut and transport coconut
trees which have been affected by scale insects, in accordance with the
provisions of A.O No. 2, Series of 2014 as previously discussed.
Introduction
In DOJ Opinion No. 100, Series of 201261, it was mentioned that there
are approximately 26,440 hectares of UPALs affecting an estimated
15, 760 FBs and 1,237 private claimants. The issue on UPALs hinges on
the jurisdiction of DAR and DENR in the coverage and distribution of
these lands under agrarian reform. Furthermore, the clarification on the
jurisdiction of coverage of these lands will guide the LBP in identifying
which lands are compensable and the amount of compensation to be
given to the owner claimant of the UPALs.
In 2014, the DAR and the DENR issued a Joint Administrative Order (JAO)62
setting the guidelines in the disposition of UPALs. The JAO defined the
limits of jurisdiction of DAR and DENR in the coverage of UPALs, and
clarified the rules in the disposition of UPALs by the DAR under the
applicable limit, Specifically, Section 3 of the JAO states the its objectives
as follows:
A. To define the limits of jurisdiction of DAR and DENR in the cover-
age of UPALs under CARP and the disposition thereof in excess
of the applicable titling limit on the ownership of public lands;
61 DOJ Opinion No. 100, Series of 2012, dated November 13, 2012 refers to then DAR
Secretary Virgilio delos Reyes’ request for opinion on queries relating to the legal
character of UPALs in excess of twelve (12) hectare titling limit as prescribed in
Commonwealth Act No. 141 (CA 141).
62 Joint DAR-DENR Administrative Order No. 3 Series of 2014 was issued on March 26, 2014.
The guidelines for the disposition of UPALs under the CARP are contained
in Joint DAR-DENR Administrative Order No. 3, Series of 2014 (JAO 3,
Series of 2014).
C. Other lands that may later be identified jointly by the DAR and
DENR as UPALs.
The maximum titling limit of twelve (12) hectares under the 1987
Constitution shall be observed in the acquisition and disposition of
identified UPALs covered under the OLT and the CARP.
Either the DAR or the DENR shall issue a certification that the subject
landholding is considered as UPAL. The certification shall proceed as
follows:
1. Untitled tenanted rice and corn lands which have been decreed
as covered under OLT pursuant to PD No. 27 and EO No. 228.
C. The DAR may request for documents from DENR and other
agencies as may be necessary.
The DAR shall issue a Notice of Coverage on all UPALs. For purposes of
the issuance of NOC (or Acceptance of VOS), UPALs are categorized as
follows:
1. The DAR shall issue an NOC on all UPALs based on the list
of initially-identified UPALs from its database covering the
entire area of the landowner-claimant.
2. In issuing the NOC, the DAR shall use CARPER LAD Form No.
3-D. It shall contain the following statements:
The DAR shall issue an NOC to all lands offered under VOS without
Acceptance Letter for VOS. The NOC, a CARPER-LAD Form No. 3-D
shall contain the following:
A. The DAR shall conduct the subdivision survey of the entire land.
It will also delineate and segregate the applicable titling limit
from the area in excess of what is allowable.
A. CARP-covered areas
2. A Free Patent for the retained area of not more than five (5)
hectares shall be issued by DENR to the landowner-claimant.
Introduction
AGRARIAn production
credit program (APCP)
What is APCP?
The APCP caters to farmer beneficiaries all over the country who were
granted lands under PD No. 27, R.A. 6657, R.A. 9700, settlement and other
land tenure improvement programs of the DAR and the DENR, including
CLOA and Community-Based Forest Management Agreement (CBFMA)
holders, and those farmers under leasehold operations.
The APCP will provide assistance for the farmers in their regular crop
production activities. Aside from that, the program will provide assistance
to implement other income-generating activities, like agricultural
enterprise and livelihood projects; and other support services, such as
marketing, crop insurance, and accessibility to farming facilities.
The program will also help strengthen the ARBOs and people’s
organizations (PO) as institutions through its capacity building
component, which aims to develop them as eligible conduit that will
ensure viability and profitability of the projects.
C. ARBOs:
1. Be registered;
B. Non-ARBO organizations:
1. Be registered;
No. Only ARBs and ARB household members are allowed to be sub-
borrowers.
If the applicant is the actual tiller of the land and has a land title, then he/
she is an eligible sub-borrower. Farmers whose lands have been covered
by payments to the land owners with certificate of cash deposit and
have been assigned with electronic primary entry book number are also
eligible.
Yes, but the members must submit a copy of their previous loan agreement
with Land Bank. This will be further assessed for approval.
The applicant is allowed to loan for (1) agricultural crop production needs;
(2) agri-enterprise projects; and (3) other livelihood projects related to
crop production.
The LBP will determine the borrower’s total credit requirement for crop
production, depending on the type of crop an organization is producing.
If the said organization is borrowing for an agri-enterprise or livelihood
project, it is allowed to borrow up to a total of one million pesos (Php
1,000,000.00) given that the organization do not have an existing crop
production loan.
The term of the loan varies depending on what type of project is being
availed of.
For crop production, the term depends on the length of production cycle
of the chosen crop. However, this shall not exceed seven (7) years. There is
also a grace period of three (3) years, depending on the cash flow. Loans
for semi-annual or annual crops such as rice and corn may have a shorter
term than loans applied for plantation crops (coffee, cacao, and coconut).
For working capital loans allotted for agri-enterprise and livelihood, the
term depends on the length of the project’s operating cycle.
For loans applied for acquisition of fixed assets such as tractors and
processing machines, the term shall not exceed five (5) years. Length of
the term depends on the project completion, cash flow, and the condition
of the acquired asset.
There are two ways to pay for the loan: (1) via debit account; and (2) over-
the-counter.
For the first option, the organization shall open a Land Bank savings
deposit account in the nearest branch. After securing an authority to
debit arrangement with the borrower, the Land Bank will automatically
debit the payment from this account on a regular basis.
Interest rate is 8.5% per year for short-term loans, and 9.5% per year for
term loans.
There will be a 3% penalty per year based on the unpaid principal and
interest. The period will begin on the day after the due date and will end
once the amount due is settled.
There will be a three (3) year collection period starting from the date the
loan amount has turned past due. LBP will send collection letters and
a final demand letter within this period. If the borrower still fails to pay
within the collection period, all the loan documents will be turned over
to the DA.
Turning over your loan documents does not remove your obligations to
APCP. This will be further assessed by the department.
Yes, but this could only be done once. This is called loan restructuring
with refinancing. However, not everyone is qualified to avail this privilege.
Members should provide a valid reason for failing to pay on time.
1. The PARPOs and PENROs will identify the existing ARBOs, POs,
and farmer organizations that are eligible for credit assistance.
They will also map out unorganized ARBs, and prepare them for
availing support services.
12. A milling report for sugarcane farm for the last 3 years (if
applicable);
Yes. The DA, DAR, and DENR offer assistance and support services to help
organizations with the preparation of their business and farm plans.
Meanwhile, DAR and DENR can also provide services that can enhance
the skills and capabilities of the applicant as farmers, such as training
courses, coaching, mentoring assistance, etc.
REFERENCES
references
1987 Philippine Constitution
DAR Administrative Order No. 9 Series of 2011, Rules for the Survey and/
or Field Investigation of Landholdings Where the Department of
Agrarian Reform and the Land Bank of the Philippines are Denied
Entry Thereto.
DOJ Opinion No. 9, Series of 1997. Re DAR’s request for opinion from
DOJ on whether or not the ten year schedule of implementation
specified in Section 5 of RA 6657 is mandatory or directory.
DOJ Opinion No. 100, Series of 2012. Re DAR’s request for opinion from
DOJ relating to the legal character of UPALs in excess of twelve (12)
hectare titling limit as prescribed in Commonwealth Act No. 141 (CA
141).
DOJ Opinion No 59, Series of 2013. Re DAR’s request for opinion from
DOJ on whether or not the DAR may continue its land acquisition
and distribution proceedings beyond June 30, 2014 where Notices
DOJ Opinion No. 60, Series of 2013. Re DAR’s request for opinion to DOJ
whether the Support Services Office created under Section 35 of
RA 6657 and the Agrarian Justice Delivery functions of the DAR
as expressed in Sections 48 and 50 of RA 6657 may continue its
operation beyond June 30, 2014
Queries on CARPER Beyond 2014, Legal Notes of Rep. Kaka Bag-ao, 2012.
Republic Act No. 3844, An Act To Ordain The Agricultural Land Reform
Code And To Institute Land Reforms In The Philippines, Including The
Abolition Of Tenancy And The Channeling Of Capital Into Industry,
Provide For The Necessary Implementing Agencies, Appropriate
Funds Therefor And For Other Purposes, 1963.
Online Resouces:
www.acpc.gov.ph/agrarian-production-credit-program-apcp
annex:
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AR Now! Chair: