INCLUSION/EXCLUSION/DISQUALIFICATION OF ARBs

I.          INTRODUCTION
     This template may serve as a guide in cases where the main issue is the inclusion, exclusion and
disqualification of agrarian reform beneficiaries (ARBs).

     Unless otherwise stated, the provisions of this template are based on DAR Administrative Order
No. 2, Series of 2009, effective on 31 October 2009.

II.         CHECKLIST OF DOCUMENTARY REQUIREMENTS IN ALL CASES

[  ]        MARO Report/Ocular Inspection Report

A.        INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, Series of
2009)

       General Requirements:

[  ]        Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);

[  ]        Request/Petition to be included as Potential ARB in the Preliminary List of ARBs

(CARP-LAD Form No. 25);

[  ]        Notice of Disqualification as Agrarian Reform Beneficiary (CARP-LAD Form No. 31),

if petitioner was disqualified from being included in the Preliminary List or Updated
Preliminary List of Agrarian Reform Beneficiaries;

[  ]        If there is no Notice of Disqualification as ARB, MARO's certification to that effect;

[  ]        Leasehold contract and/or proof of tenancy papers (if available);

      Proofs of General Qualifications of ARBs (DAR AO 2, Series of 2009):

1.         Landless (owns less than three [3] hectares of agricultural land, as per Section 25
of RA 6657; AO 2, S. 2009, Item IV.E.1.1.1 );

[  ]        Any document of probative value such as:

•           Certificate of aggregate landholdings of the ARB issued by the

city/municipal/provincial assessor

•           Land titles

•           Tax declarations

2.         Filipino citizen (IV.E.1.1.2);

[  ]        Any document of probative value showing Filipino citizenship such as:

•           Voter's identification card

•           Certified copy of voter's registration record

•           Birth Certificate

3.         Permanent resident of the barangay and/or municipality where the landholding is

located (IV.E.1.1.3);

[  ]        Any document of probative value such as:

 •           Barangay certificate indicating potential ARBs as permanent
or bonafide residents of the barangay

•           Valid postal identification card

4.         At least fifteen (15) years of age at the time of identification, screening and selection
of farmer-beneficiaries (IV.E.1.1.4);

[  ]        Any document of probative value showing date of birth such as

•           Voter's identification card or certified copy of voter's registration

record

•           Birth certificate

•           Marriage License/Marriage Contract

•           Affidavit of two (2) Disinterested Persons

5.         Willing, able and equipped with the aptitude to cultivate and make the land
productive (IV.E.1.1.5)

[  ]        Affidavits of two (2) disinterested persons to that effect

[  ]        Sworn Statement to that effect by the potential ARB

[  ]        BARC Certification

     Proofs of specific qualifications for farmworkers in commercial farms (in addition to the above)

•           Must have been employed as of 15 June 1988 in the landholding covered by the
CARP (Item IV.E.1.2).

[  ]        Any document of probative value such as

•           Social Security System (SSS) identification card for farmworkers;

•           Employment certificate indicating length of service and/or

periods of employment in the commercial farm or plantation, if
applicable;

•           Payslips or payroll, if applicable;

•           Original or certified copy of notice of dismissal or retrenchment

for farmworker beneficiaries, in cases of dismissal or retrenchment;

•           Original or certified copy of decision, order or ruling by a court,

quasi-judicial body or administrative agency in the event that there was a
case related to the dismissal, retrenchment, etc., of the potential ARB;

•           Original or certified copy of letter of resignation for farmworker

beneficiaries, if applicable.

     Proofs of Qualifications of a Landowner's Child as Preferred Beneficiary (DAR AO 2, Series of

2009)

1.         Child of landowner (Item IV.E.5);

[  ]        Any document of probative value such as

•           Birth certificate

•           Baptismal certificate
 2.         Filipino citizen (Item IV.E.5.1);

[  ]        Any document of probative value showing Filipino citizenship, such as

•           Voter's identification card

•           Certified copy of voter's registration record

3.         At least fifteen (15) years of age at the time of identification, screening and selection
of farmer-beneficiaries (IV.E.5.2);

[  ]        Any document of probative value such as

•           Voter's identification card

•           Certified copy of voter's registration record

4.         Actual tiller or directly managing the farm as of the time of conduct of field
investigation of the landholding under CARP (IV.E.5.3).

[  ]        Ocular inspection report showing such fact,

[  ]        Affidavits of two (2) disinterested persons to that effect, and

     Additional Requirement:

[  ]        Certificate of aggregate landholding from the City/Municipal/Provincial

Assessor (DAR AO No. 6, Series of 2006, Section 5.2.3.3)

B.        EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, Sereies of 2009)

      General Requirement

[  ]        Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);

     Proof of Grounds for Exclusion (DAR AO 2, Series of 2009)

1.         Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657,
as amended. (Item IV.E.3.1. Please see general qualifications of farmer-beneficiaries listed
in Part III-A);

[  ]        Any document of probative value that will establish such failure.

2.         Execution of waiver of right to become an ARB in exchange for due compensation

and such waiver has not been questioned in the proper government entity as of the date
of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October 2009);  1 (Item
IV.E.3.2)

[  ]        Original or photocopy of waiver of right, and

[  ]        Receipt/s of payment of due compensation (if available)

3.         Dismissal from the service for cause upon a judgment that is final and executory
(and there is no case filed questioning said dismissal) as of the approval of this Order and if
there is any such case, the same has been affirmed with finality by the proper entity of
government (Item IV.E.3.5);

[  ]        Notice of dismissal,

[  ]        Original or certified copy of decision, order or ruling by a court, quasi-

judicial body or administrative agency, and
 [  ]        Copy of entry of judgment issued by the clerk of court, quasi-judicial
agency or administrative body

4.         Retrenchment from the farm and receipt of separation pay, and the retrenchment not
having been appealed or questioned in the proper government entity as of the date
of approval (not effectivity) of DAR AO No. 7, Series of 2003 (18 December 2003);  2 (DAR
AO 7, Series of 2003, Section 5.11);

[  ]        Notice of retrenchment,

[  ]        Receipts of separation pay, and

[  ]        Certification from the pertinent court or administrative agency that there is

no case filed questioning the retrenchment

5.         Holding managerial or supervisory positions in the commercial farm as of June 15,

1988 (AO No. 2, Series of 2009, Item IV.E.1.2 );

[  ]        Certificate of employment showing relevant dates and positions

6.         Obtaining a substantially equivalent and regular employment (any employment or

profession from which the applicant farmer derives income equivalent to the income of a
regular farmworker at the time of the ARB identification, screening and selection) (Item
IV.E.3.6);

[  ]        Certificate of employment,

[  ]        Latest payslip,

[  ]        Leasehold contract/contract of employment as farmworker, if available,

and

[  ]        Receipts of payment of salaries

7.         Retirement from the service, whether optional or mandatory, or voluntary

resignation, provided this was not attended by coercion and/or deception, and there is no
case questioning said retirement or voluntary resignation by the applicant as of the date
of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October 2009);  3 (Item
IV.E.3.7)

[  ]        Resignation/retirement letter,

[  ]        Certification from employer, and

[  ]        Certification from pertinent court or administrative agency that there is no

case filed questioning the retirement or alleging resignation attended by coercion
or deception

8.         Material misrepresentation of the ARB's basic qualifications as provided for under

Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws (Item
IV.E.3.10);

[  ]        Copy of falsified document,

[  ]        Copy of true document,

[  ]        Affidavits of two (2) disinterested persons setting out facts of the

misrepresentation, and

[  ]        BARC Certification showing the facts of misrepresentation

9.         Final judgment for forcible entry into the property or for unlawful detainer (Item
IV.E.3.13);
 [  ]        Original or certified true copy of the decision of the proper Municipal Trial
Court, and

[  ]        Copy of the entry of judgment issued by the clerk of the proper Municipal
Trial Court.

10.       Commission of any violation of the agrarian reform laws and regulations, or related
issuances, as determined with finality after proper proceedings by the appropriate tribunal or
agency (Item IV.E.3.14).

[  ]        Copy of the judgment of the appropriate tribunal or agency, and

[  ]        Copy of the entry of judgment.

C.        DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE

SCREENING PROCEDURE (DAR AO No. 2, Series of 2009)

     Proof of grounds for disqualification existing before award of EP/CLOA.

See grounds for exclusion of farmer-beneficiaries from the masterlist of potential agrarian
reform beneficiaries.
    Proof of grounds for disqualification existing after award of EP/CLOA; in effect grounds for
cancellation of EP/CLOA (DAR AO 2, Series of 2009)
1.         Deliberate non-payment of an aggregate of three (3) annual amortizations and
failure to exercise the right of redemption/repurchase within two (2) years resulting in the
foreclosure of mortgage by the LBP of a previously awarded land (Item IV.E.3.3);

[  ]        LBP certification of non-payment of an aggregate of three annual

amortizations, and

[  ]        Copies of all receipts of payments

2.         Deliberate non-payment of three (3) annual amortizations to the landowner (LO)

resulting in the repossession by the landowner of the awarded land (in the case of voluntary
land transfer/direct payment scheme) (Item IV.E.3.4);

[  ]        Copies of all receipts of payments

3.         Misuse or diversion of financial support services extended by the government (Item

IV.E.3.8; RA 6657, Section 37 );

[  ]        Affidavits of two (2) disinterested persons showing facts of such misuse or

diversion, and

[  ]        Copy of the contract or document stating the kind of financial support

extended by the government

4.         Negligence or misuse of the land or any support extended by the government (Item

IV.E.3.9; RA 6657, Section 22 );

[  ]        Affidavits of two (2) disinterested persons,

[  ]        Copy of the contract or document stating the kind of support extended by

the government,

[  ]        DA Certification on the non-productivity of the land, stating the causes of

non-productivity, and

[  ]        Recent photographs of the land (taken within the week prior to filing of the
petition)

5.         Material misrepresentation of the ARB's basic qualifications (Item IV.E.3.10);

 [  ]        Copy of falsified document,

[  ]        Copy of true document,

[  ]        Affidavits of two (2) disinterested persons setting out facts of the

misrepresentation, and

[  ]        BARC Certification

6.         Sale or disposition of the awarded land within the ten-year prohibitory period under
Section 27 of RA 6657, or when the awarded land has not been fully paid by the ARB, or
abandonment of the lands awarded by the government under the CARP or PD No. 27 for a
period of two (2) years (applying RA 3844 by analogy) (Item IV.E.3.11);

            For sale or disposition:

[  ]        Copy of the Certificate of Land Ownership Award (CLOA),

[  ]        Copy of the deed of sale,

[  ]        BARC Certification showing facts of sale or disposition of the land,

[  ]        DAR Certification on non-issuance of clearance for the sale or disposition,

[  ]        LBP Certification showing that the ARB has not yet fully paid for the
awarded land,

[  ]        Affidavits of two (2) disinterested persons

            For abandonment:

[  ]        Copy of the Certificate of Land Ownership Award (CLOA),

[  ]        BARC Certification showing facts of abandonment of the land for two (2)
years,

[  ]        Recent photographs of the land (taken within the week prior to filing of the
petition), and

[  ]        Affidavits of two (2) disinterested persons

7.         Conversion of agricultural lands to non-agricultural use without prior approval from

the DAR (Item IV.E.3.12);

[  ]        BARC Certification showing facts of the conversion,

[  ]        DAR Certification on non-issuance of conversion order and non-existence

of application for conversion, and

[  ]        Recent photographs of the land (taken within the week prior to filing of the
petition).

8.         Commission of any violation of the agrarian reform laws and regulations, or related
issuances, as determined with finality after proper proceedings by the appropriate tribunal or
agency (Item IV.E.3.14).

[  ]        Copy of the judgment of the appropriate tribunal or agency, and

[  ]        Copy of the entry of judgment

Note: Under DAR Opinion No. 18, Series of 2006, the refusal of the identified farmer-beneficiaries
to sign the Land Valuation and Farmer's Undertaking and their non-cooperation in the
documentation process is tantamount to waiver of rights that would warrant their disqualifications
to become CARP beneficiaries. Proof of such refusal and non-cooperation may include (1)
 affidavits of two (2) disinterested persons, and (2) MARO report containing facts constituting
refusal and non-cooperation of the identified farmer-beneficiaries.
III.       JURISDICTION
1.         Under Section 50 of RA 6657, the DAR is vested with primary jurisdiction to
determine and adjudicate agrarian reform matters and shall have exclusive original
jurisdiction over all matters involving the implementation of agrarian reform, except those
falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the
Department of Environment and Natural Resources (DENR).

2.         Under Rule 1, Section 2 of DAR AO No. 3, Series of 2003, in relation to Rule II,
Section 7 of DAR AO 3, Series of 2003, the Regional Director shall exercise primary
jurisdiction over cases involving classification, identification, inclusion, exclusion,
qualification and disqualification of potential/actual farmer beneficiaries.

3.         Under Rule II, Section 10 of AO 3, Series of 2003, the Secretary shall exercise
appellate jurisdiction over all ALI cases, and may delegate the resolution of the appeals to
any Undersecretary.

IV.       STANDING
     As set forth in Item D.4.a of the operating procedures of DAR AO No. 2, Series of 2009, the
following interested parties may file protests for inclusion, exclusion or disqualification of farmer-
beneficiaries:

1.         Any potential ARBs, and

2.         Concerned parties

Note: Concerned parties include: (1) farmer's organizations whose members are potential ARBs
to the subject land, and (2) the Provincial Agrarian Reform Officer in his official capacity, who is
also empowered to file actions for cancellation of EPs and CLOAs under DAR AO No. 3, Series of
2009.
     Landowners cannot file petitions for inclusion, exclusion and disqualification, as implied
in Hermoso, et al. v. C.L. Realty (G.R. No. 140319, 5 May 2006).

V.        TIMELINESS
A.        PETITION FOR INCLUSION/EXCLUSION FROM THE MASTERLIST

•           Within fifteen (15) days from the denial of the petition for inclusion
in/exclusion from the masterlist by the DARPO, a petition for inclusion/exclusion
may be filed with the Regional Director by the concerned party.

B.        PETITION FOR DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE

PASSED THE SCREENING PROCEDURE

•           As soon as the grounds for disqualification have been made known to the
petitioner, the petition for disqualification should be filed.

VI.       DECISION
A.        INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES

The petition for inclusion of farmer-beneficiaries should be granted if the applicant

possesses all qualifications and none of the disqualifications set forth in Part III-A
of this template.

If the petitioner fails to satisfy any one (1) of the qualifications but possesses none
of the disqualifications, the petition should be denied.

If the petitioner satisfies all qualifications but possesses at least one (1)
disqualification, the petition should likewise be denied.
 B.        EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES

The petition should be denied if the respondent possesses all qualifications and
none of the disqualifications set forth in Part III-B of this template.

If the respondent fails to satisfy any one (1) of the qualifications but possesses
none of the disqualifications, the petition should be granted.

If the respondent satisfies all qualifications but possesses at least one (1)
disqualification, the petition should likewise be granted.

C.        DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE

SCREENING PROCEDURE

•           Disqualification existing before award of EP/CLOA

The petition should be denied if the respondent possesses all qualifications and
none of the disqualifications set forth in Part III-B of this template (as referred to by
Part III-C).

If the respondent fails to satisfy any one (1) of the qualifications but possesses
none of the disqualifications, the petition should be granted.

If the respondent satisfies all qualifications but possesses at least one (1)
disqualification, the petition should likewise be granted.

•           Disqualification after award of EP/CLOA

Check first if the petition is a collateral attack on the EP or CLOA, in which case the petition
should be denied without prejudice to the filing of a petition for cancellation of the EP or
CLOA.

If the petition is not a collateral attack, observe the following guidelines:

            The petition should be denied if the respondent possesses all qualifications

and none of the disqualifications set forth in Part III-C.

            If the respondent fails to satisfy any one (1) of the qualifications but
possesses none of the disqualifications, the petition should be granted.

            If the respondent satisfies all qualifications but possesses at least one (1)
disqualification, the petition should likewise be granted.

VII.      APPEALS
A.        Appeal to the Secretary (DAR AO No. 3, Series of 2003)

•           When to Appeal

(1)       Within fifteen (15) days from receipt of the Regional Director's

final order (AO 3, Series of 2003, Section 27).

(2)       A motion for reconsideration of the DAR Secretary's order shall

be filed within fifteen (15) days from receipt of such order (AO 3, Series
of 2003, Section 32).

•           Where to Appeal

            Appeals from the decision of the Regional Director shall be made by filing
in the same regional office which issued the adverse decision a notice of appeal
with proof of payment of the requisite appeal fee (AO 3, Series of 2003, Section
28).
 B.        Grounds for Appeal (DAR AO No. 3, Series of 2003):

•           Serious errors in the findings of fact or conclusion of law which may cause
grave and irreparable damage or injury to the appellant (Section 25.1); or

•           Coercion, fraud, or clear graft and corruption in the issuance of a

decision (Section 25.2).

VIII.     APPLICABLE PRINCIPLES, LAWS, RULES, JURISPRUDENCE

A.        GUIDING PRINCIPLES
1.         1987 Philippine Constitution
(a)       Article XII, National Economy and Patrimony, 1987 Philippine Constitution.

SECTION 1.            The goals of the national economy are a more

equitable distribution of opportunities, income, and wealth; a sustained
increase in the amount of goods and services produced by nation for the
benefit of the people; and an expanding productivity as the key to raising
the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on

sound agricultural development and agrarian reform, through industries
that make full and efficient use of human and natural resources, and
which are competitive in both domestic and foreign markets. However,
the State shall protect Filipino enterprises against unfair foreign
competition and trade practices. . . .

(b)       Article XII, Agrarian And Natural Resources Reform, 1987 Philippine

Constitution.

SECTION 4.            The State shall, by law, undertake an agrarian

reform program founded on the right of farmers and regular farmworkers
who are landless, to own directly or collectively the lands they till or, in
the case of other farmworkers, to receive a just share of the fruits
thereof. . . .

SECTION 5.            The State shall recognize the rights of farmers,

farmworkers, and landowners, as well as cooperatives, and other
independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide support
to agriculture through appropriate technology and research, and
adequate financial, production, marketing, and other support services.

2.         RA 6657, Comprehensive Agrarian Reform Law (CARL)

(a)       Section 2

SECTION 2.            Declaration of Principles and Policies. — . . . The

agrarian reform program is founded on the right of farmers and regular
farm workers, to receive a share of the fruits thereof. . . .

The State may resettle landless farmers and farm workers in its own
agricultural estates, which shall be distributed to them on the manner
provided by law.

B.        LEGAL PROVISIONS
1.         RA 6657

SECTION 22.          Qualified Beneficiaries. — The lands covered by the

CARP shall be distributed as much as possible to landless residents of
the same barangay, or in the absence thereof, landless residents of the
same municipality in the following order of priority:
 (a)        agricultural lessees and share tenants;

(b)        regular farm workers;

(c)        seasonal farm workers;

(d)        other farm workers;

(e)        actual tillers or occupants of public lands;

(f)         collective or cooperatives of the above beneficiaries; and

(g)        others directly working on the land.

Provided, however, that the children of landowners who are qualified

under Section 6 of this Act shall be given preference in the distribution of
the land of their parents; and: Provided, further, that actual tenant-tillers
in the landholding shall not be ejected or removed therefrom.

Beneficiaries under Presidential Decree No. 27 who have culpably sold,

disposed of, or abandoned their land are disqualified to become
beneficiaries under their program.

A basic qualification of a beneficiary shall be his willingness, aptitude and

ability to cultivate and make land as productive as possible. The DAR
shall adopt a system of monitoring the record or performance of each
beneficiary, so that any beneficiary guilty of negligence or misuse of the
land or any support extended to him shall forfeit his right to continue as
such beneficiary. The DAR shall submit periodic reports on the
performance of the beneficiaries to the PARC.

SECTION 23.          Distribution Limit. — No qualified beneficiary may

own more than three (3) hectares of agricultural land.

SECTION 25.          Award Ceilings for Beneficiaries. — Beneficiaries

shall be awarded an area not exceeding (3) hectares, which may cover a
contiguous tract of land or several parcels of land cumulated up to the
prescribed award limits.

For purposes of this Act, a landless beneficiary is one who owns less
than three (3) hectares of agricultural land.

2.         R.A. No. 9700

(a)       Section 8

SECTION 8. There shall be incorporated after Section 22 of Republic Act

No. 6657, as amended, a new section to read as follows:

"SEC. 22-A. Order of Priority. — A landholding of a landowner

shall be distributed first to qualified beneficiaries under Section
22, subparagraphs (a) and (b) of that same landholding up to a
maximum of three (3) hectares each. Only when these
beneficiaries have all received three (3) hectares each, shall
the remaining portion of the landholding, if any, be distributed
to other beneficiaries under Section 22, subparagraphs (c), (d),
(e), (f), and (g)."

3.         P.D. No. 27

Under PD 27, only tenants on rice and corn can be qualified as

beneficiaries. Therefore, take note the proof of facts under the general
qualifications of ARBs.
 C.        IMPLEMENTING RULES AND REGULATIONS
1.         Administrative Orders

(1)       DAR AO No. 10, Series of 1990, Rules and Procedures in the

Distribution of Private Agricultural Lands to ARBs under RA 6657 (Dated
30 August 1990, took effect ten (10) days after publication. Repealed
by AO 3 Series of 2003)

(2)       DAR AO No. 2, Series of 1993, Supplemental Guidelines on AO

10 Series of 1990 and other Issuances on the Rights of Farmworkers
(Effective 14 February 1992)

(3)       DAR AO No. 2, Series of 1994, Rules Governing the Correction

and Cancellation of Registered/Unregistered EPs and CLOAs Due to
Unlawful Acts and Omissions or Breach of Obligations of ARBs and for
Other Causes (Effective 25 March 1994)

(4)       DAR AO No. 6, Series of 1998, Rules and Regulations Governing

the Acquisition and Distribution of Commercial Farms under Deferment
(Effective 25 May 1998)

(5)       DAR AO No. 9, Series of 1998, Rules and Regulations on the

Acquisition, Valuation, Compensation and Distribution of Deferred
Commercial Farms (Effective 4 January 1999)

(6)       DAR AO No. 3, Series of 2003, 2003 Rules for Agrarian Law

Implementation Cases (Effective 8 February 2003)

(7)       DAR AO No. 7, Series of 2003, Identification, Screening and

Selection of, and Distribution to Agrarian Reform Beneficiaries (ARBs) of
Private Agricultural Lands Under Republic Act (R.A.) No. 6657 (Effective
8 January 2004)

(8)       DAR AO No. 6, Series of 2006, Revised Guidelines on Award to

Children of Landowner Pursuant to Section 6 and 22 of RA 6657 (Dated
6 September 2006. Took effect ten (10) days after publication)

(9)       DAR AO No. 4, Series of 2008, Supplemental Guidelines on AO 7

Series of 2003 on the Identification, Screening and Selection of, and
Distribution to Agrarian Reform Beneficiaries (ARBs) of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657 (Effective 29
June 2008)

(10)     DAR AO No. 2, Series of 2009, Rules of Procedure Governing the

Acquisition and Distribution of Agricultural Lands under RA 6657 as
amended by RA 9700 (Effective 31 October 2009)

Note: Under the Transitory Provision of DAR AO 2, Series of 2009, in relation to cases where the
Masterlist of ARBs has been finalized on or before 1 July 2009 pursuant to AO 7, Series of 2003, the
acquisition and distribution of landholdings shall continue to be processed under the provisions of RA
6657 prior to its amendment by RA 9700.
2.         Memorandum Circulars

(1)       Memorandum Circular No. 4, Series of 1994 (Clarificatory

Guidelines Concerning the Award to Children under Sections 6 and 22 of
RA 6657).

3.         DAR Opinions

(1)       DAR Opinion No. 26, Series of 2006, 29 June 2006, on the

jurisdiction of DAR in the screening, selection and identification of
farmer-beneficiaries
 (2)       DAR Opinion No. 18, Series of 2006, 29 June 2006, on
qualification of preferred beneficiary (children of landowner)

(3)       DAR Opinion No. 14, Series of 2006, February 2006, on dual

citizenship

(4)       DAR Opinion No. 21, Series of 2001, 1 October 2001 (if the
awarded land is abandoned or culpably sold by the beneficiary)

(5)       DAR Opinion No. 22, Series of 2005, 1 August 2005 (Farmworker

promoted to managerial position)

(6)       DAR Opinion No. 7, Series of 2005, 10 November 2005 (CLOA

as collateral)

D.      JURISPRUDENCE
1)        Department of Agrarian Reform vs. Polo Coconut Plantation Co., Inc., et
al., G.R. No. 168787, 3 September 2008

"Determining whether or not one is eligible to receive land involves the

administrative implementation of the program. For this reason, only the
DAR Secretary can identify and select CARP beneficiaries. Thus, courts
cannot substitute their judgment unless there is a clear showing of grave
abuse of discretion.

Section 22 of the CARL does not limit qualified beneficiaries to tenants of

the landowners. Thus, the DAR cannot be deemed to have committed
grave abuse of discretion simply because its chosen beneficiaries were
not tenants of PCPCI."

2)        Sonny B. Manuel vs. Department of Agrarian Reform Adjudication

Board, G.R. No. 149095, 24 July 2007

"Inherent in the power of DAR to undertake land distribution for agrarian

reform purposes is its authority to identify qualified agrarian reform
beneficiaries. Corollary to it is also the authority of DAR to select a
substitute to a previously designated beneficiary who may have
surrendered or abandoned his claim, and to reallocate the land awarded
to the latter in favor of the former."

3)        Department of Agrarian Reform vs. Department of Education, Culture and

Sports, G.R. No. 158228, March 23, 2004

"Since the identification and selection of CARP beneficiaries are matters

involving strictly the administrative implementation of the CARP, it
behooves the courts to exercise great caution in substituting its own
determination of the issue, unless there is grave abuse of discretion
committed by the administrative agency."

4)        Ferdinand Dela Cruz, et al. vs. Amelia Quiazon, G.R. No. 171961,
November 28, 2008

"Abandonment requires (a) a clear and absolute intention to renounce a

right or claim or to desert a right or property; and (b) an external act by
which that intention is expressed or carried into effect. The intention to
abandon implies a departure, with the avowed intent of never returning,
resuming or claiming the right and the interest that have been
abandoned."

5)        Romanita Concha, et al. vs. Paulino Rubio, G.R. No. 162446, March 29,
2010
 "The finding of the MARO declaring petitioners as beneficiaries of the
land in dispute must, therefore, be accorded respect. It should also be
equally binding on the DARAB for the simple reason that the latter has
no appellate jurisdiction over the former. The DARAB cannot review,
much less reverse, the administrative findings of DAR. Instead, the
DARAB would do well to defer to DAR's expertise when it comes to the
identification and selection of beneficiaries, as it did in Lercana where
this Court noted with approval that, in the dispositive portion of its
decision, left to the concerned DAR Offices the determination of who
were or should be agrarian reform beneficiaries."

Footnotes

  1.       DAR AO No. 2, Series of 2009 took effect on 31 October 2009, ten days after it was published
in two newspapers of general circulation.

  2.       DAR AO No. 7, Series of 2003 took effect on 8 January 2004, ten days after it was published
in two newspapers of general circulation.

  3.       See supra text at note 1.