REPUBLIC OF THE PHILIPPINES DEPARTMENT OF AGRARIAN REFORM Tunay na Pagbabago sa Repormang Agraryo ADMINISTRATIVE ORDER NO._04 Series of 2021 SUBJECT:REVISED GUIDELINES AND PROCEDURES ON THE PARCELIZATION OF LANDHOLDINGS WITH COLLECTIVE CERTIFICATES OF LAND OWNERSHIP AWARD PREFATORY STATEMENT Under the Comprehensive Agrarian Reform Program (CARP), public and private agricultural landholdings (LHs) are acquired by the government to be distributed to tenants, farmers, farmworkers, and/or other tillers who are qualified to become agrarian reform beneficiaries (ARBs), in the form of an individual Certificate of Land Ownership Award (CLOA) covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares, However, qualified beneficiaries may opt for collective ownership, through a farmers’ cooperative/association or some other form of collective organization, for the issuance of Collective CLOA (CCLOA). In all cases, the total area shall not exceed the award ceiling of three (3) hectares per ARB. In the past decades, many LHs were awarded to ARBs under a collective and unsubdivided form of ownership. Pursuant to Section 25 of Republic Act (R.A.) No. 6657, as amended by Section 10 of R.A. No. 9700, the Department of Agrarian Reform (DAR) is mandated to immediately undertake the parcelization of CCLOAs over lands that are not collectively farmed or operated in an integrated manner. These LHs covered with CCLOAs are part of the land acquisition and distribution (LAD) process. DAR shall therefore endeavor to parcelize them to stabilize ownership, tenureship and control of the lands awarded to the concerned ARBs. There are reports from the field implementers and civil society organizations (CSOs) regarding disputes or controversies among the ARBs with existing CCLOAs due to boundary conflict, inclusion/exclusion of ARBs, and other conflicts resulting to splitting of group into sub-groups, and/or co-owners opting for individual ownership. Further, there are LHs covered with CCLOAs, which have been acquired and distributed under Land Bank of the Philippines (LBP) financing, where the government has not been able to collect land amortization, while the ARBs have not been able to fully pay the lands for them to become full owners, due to the difficulty in generating the Land Distribution and Information Schedule (LDIS). TELEFAX 6925-8961 Ee aaa WEBSITE: wwrw dar. aov.oh Elioic! Road, Dilan, Quezon CityOn July 11, 2020, the DAR Support to Parcelization of Lands for Individual Titling (SPLIT) Project was signed and approved by the World Bank and the Government of the Philippines (GOP) and became effective on October 09, 2020. Among the major components of the SPLIT Project is the enhancement of the regulatory framework for the parcelization and titling of CCLOAs. The operationalization of the said major components of the SPLIT Project shall be in accordance to DAR Administrative Order (A.O.) No. 02, Series of 2019, titled “Guidelines and Procedures on the Parcelization of Landholdings with Collective Certificate of Land Ownership Award”, which was issued on 20 March 2019. In consonance with the preparation on the implementation of the SPLIT Project by the Central Project Management Office (CPMO), a series of joint Virtual/Online Meeting conducted by the members/representatives and the Regional Directors (RDs) to discuss the comments/inputs and recommendations for the amendment of Administrative Order No. 02, Series of 2019, particularly actual scenarios on the ground (i.e., transfer/conveyance of land due to death of original ARBs and his/her heir is currently cultivating the land, original ARB sold the rights to other persons, Order of Finality on a petition for disqualification or exclusion or inclusion of ARB at the time of parcelization process, consistency of prescribed CARPER LAD Form Nos. 70-F and 70-J, process of turn-over of non-coverable/common use areas/lots to concerned government agencies, clarification of portion found as timberland, and generation, registration, and issuance of computerized titles by the Registry of Deeds (ROD). Furthermore, the proposed A.O., titled “Amendments to DAR Administrative Order No. 02, Series of 2019” was presented during the National Cascading Conference on Newly Issued Policies and Consultation Session on Parcelization Guidelines held on December 27-30, 2020 at Antipolo City, Rizal. The Policy Review and Formulation Committee (PRFC) agreed to merge the proposed amendments with A.O. No. 02, Series of 2019, as omnibus guidelines for easy reference of the field implementers. In view of the foregoing, this A.O. is hereby issued to facilitate the parcelization of CCLOAs and the subsequent generation, registration and issuance of the Computerized Titles (c-Titles) to the ARBs for a common understanding and interpretation of DAR field implementers and concerned government agencies. CHAPTER 1 PRELIMINARY PROVISIONS Section 1. Coverage. - This Administrative Order (A.0.) shall cover the parcelization of all landholdings (LHs) with CCLOAs issued by the DAR to farmers’ cooperative, farmers’ association, organized group of ARBs, or several ARBs not organized. Page 2 of 23Section 2. Definition of Terms. - For purposes of this A.O., the following terms are defined: 24 2.2 2.3 2.4 2.5 2.6 vey 2.8 Actual Occupants - refers to non-ARBs not included in the CCLOA but actually in possession of the land with or without tillage at the time of the parcelization of CCLOA. Annotation of Names of ARBs - refers to the process of inscribing the names of the ARBs in the registered CCLOA by the Registry of Deeds (ROD). Approved Survey Plan (ASP) - refers to the survey plan of subdivided CCLOA verified and approved by the Department of Environment and Natural Resources (DENR) or the Land Registration Authority (LRA). ARBs with Actual Tillage - refers to the ARBs who are awarded lands covered by a CCLOA and tilling a particular portion. Collective CLOA (CCLOA) - refers to an existing registered CLOA issued by the DAR to farmers’ cooperative, farmers’ association, other organized group of ARBs, or group of ARBs not organized. However, CLOAs in the name of spouses or in the name of heirs of a deceased ARB are not considered as CCLOA for purposes of this A.0. Collective Owners - refers to those ARBs that meet the following descriptions: 2.6.1Whose names were annotated or listed in the registered CCLOA except those ARBs who have been excluded by a Final and Executory Order; 2.6.2Whose names were not originally annotated in the CCLOA but their names are in the DAR Masterlist/List of ARBs/Farmers Information Sheet at the time of CCLOA registration and subsequently annotated in the CCLOA. 2.6.3 Whose names were included in the Order of Inclusion issued by the Regional Director/Secretary which has become final and executory and subsequently annotated in the CCLOA. Collective Tillage - refers to awarded lands registered in the name of ARB/Cooperative/Association with individual ARB names (duly annotated) but are cultivated collectively by the ARB group or entity. Common Use Areas ~ refers to areas for common use by all ARBs such as, but not limited to, hacienda roads, road right of way or other legal easements, irrigation and drainage canals, public infrastructures, etc., and which were awarded collectively to the ARBs. Page 3 of 232.9 21 2.1, N 2.13 2.14 Common Service Facilities - refers to fixed common agricultural service facilities, such as, but not limited to, warehouses, nursery areas, processing plants and dryers, which are for common use and benefit of the ARBs, as may be defined by DAR. Computerized Title (c-Title) - refers to the derivative/subsequent title generated, registered and issued by the Registry of Deeds (ROD) to individual agrarian reform beneficiaries (ARBs) and/or group of ARBs pursuant to this A.O. and adopted by DAR under Project SPLIT; as a result of the subdivision or parcelization of a CCLOA previously generated, registered and issued to a group of ARBs by DAR for LHs covered and awarded CARP. The c-Title contains the restrictions and conditions provided in R.A. 6657 as amended by R.A. 9700 and other applicable laws. Disqualification — refers to a process of disqualifying the potential beneficiaries/ARBs who do not meet qualifications under Section 22 of R.A. No. 6657, as amended, or who committed violations based on the grounds stipulated under Section 49 of A.O. No. 7, Series of 2011, as amended. Exclusion/Inclusion of ARB — refers to the process where ARBs are excluded as beneficiaries for a just cause and in lieu thereof, qualified potential ARBs are included as beneficiaries upon Final and Executory Order from the Regional Director/Secretary pursuant to the Agrarian Law Implementation (ALI) rules and procedures. Lot Allocation Agreement - refers to an agreement made between and among the concerned ARBs as to the manner by which the land shall be allocated to each of them, particularly indicating the respective sizes and locations designated to the individual and/or group of ARBs. Order of Parcelization - refers to the Order issued by the Provincial Agrarian Reform Program Officer (PARPO) II to parcelize the LH covered by existing CCLOA indicating the respective land shares, lot numbers, size of lots as a result of parcelization based on the executed Lot Allocation Agreement or Report of the MARPO/Designated Personnel and ASP with narrative technical descriptions (TDs)/electronic technical descriptions (e-TDs). It is the basis of the ROD to cancel the said CCLOA and to register and to issue the subsequent c-Title, notwithstanding protest. This Order is final and executory. Order of Priority List — refers to a list of existing LHs or awarded lands with CCLOAs that had been determined and prioritized by the DAR Provincial Office (DARPO) after the conduct of an inventory and verification of all existing CCLOAs. Page 4 of 232.16 2.17 2.11 © aol © 2.21 2.22 Parcelization of landholdings with CCLOAs - refers to the process of subdividing and determining the exact metes and bounds of the areas, allocation of lots to ARBs in a CCLOA, determination of common use areas, portions with common service facilities and establishment of areas capable of being alienated and disposed of by the government. Petition for Exclusion - refers to a petition filed by a potential farmer beneficiary against a qualified farmer beneficiary within one (1) year from the issuance of Republic of the Philippines (RP) title, or in case of untitled agricultural land, within one (1) year from the issuance of Certificate of Deposit (COD), seeking for the exclusion of the qualified farmer-beneficiary from the Masterlist of qualified beneficiaries on a CARP covered land. Petition for Inclusion - refers to a petition filed by a potential farmer beneficiary within one (1) year from the issuance of RP title, or in case of untitled agricultural land, within one (1) year from the issuance of COD, seeking to be included as qualified farmer- beneficiary on a CARP covered land. Petition for Reallocation ~ refers to a petition filed by potential farmer-beneficiary against a farmer beneficiary, seeking the reallocation of the awarded land of the agrarian reform beneficiary who has abandoned or waived his right over an awarded land, or has committed illegal acts. Qualified ARBs - refers to farmers or farmworkers, whether male or female, who possess the requisites stipulated under Section 22 of R.A. 6657, as amended, on the qualifications of ARBs, and who may therefore be awarded CLOAs, or other proof of ownership or possession of the land. Reallocation ~ refers to an act of re-allocating/re-assigning of the remaining portion/excess area or vacant lots within the LH covered by CCLOA to the qualified beneficiaries/ARB or refers to the process of substituting the ARB within the CCLOA when found that the ARB is disqualified. Report of MARPO/Designated Personnel - refers to the Report duly signed by the Municipal Agrarian Reform Program Officer (MARPO)/Designated Personnel which states that the land shall be equitably allocated to each of the ARBs indicating the respective sizes/areas and locations designated to the individual and/or groups of ARBs who failed to execute the Lot Allocation Agreement. It is the basis of issuance of Order of Parcelization by the PARPO II, and shall be issued only in case of disagreement of the ARBs on the manner of allocation of the land. Page 5 of 232.23 Sworn Undertaking - refers to a duly sworn/subscribed undertaking by the ARBs of the awarded land covered by a CCLOA, where the said ARBs are consenting to remain as co-owner of CCLOA or are opting their awarded lands to be parcelized into individual computerized title (c-Title) and collective c-Title. Section 3. Statement of Policies. 3.1 3.2 3.3 3.4 As a general rule, the land awarded to an ARB, whether male or female, should be in the form of an individual title, covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares. Pursuant to Section 25 of R.A. No. 6657, as amended by Section 10 of R.A. No. 9700, it shall be the policy of DAR to parcelize CCLOAs where the beneficiaries do not opt for collective ownership and the LH does not exhibit any of the following four (4) conditions: 3.1.1 The current farm management system of the land covered by CARP will not be appropriate for individual farming of farm parcels; 3.1.2The farm labor system is specialized, where the farmworkers are organized by functions and not by specific parcels such as spraying, weeding, packing and other similar functions; 3.1.3The ARBs are currently not farming individual parcels but are collectively working on large contiguous areas; or 3.1.4The farm consists of multiple crops being farmed in an integrated manner or includes non-crop production areas that are necessary for the viability of farm operations, such as packing plants, storage areas, dikes, and other similar facilities that cannot be subdivided or assigned to individual farmers. The DAR recognizes the individual ARBs as collective owners of the awarded land, even if the same is registered under the name of a cooperative, group, or organization to which the individual ARB is a member at the time of CCLOA registration. The names of all the collective owners should be inscribed in the face or annotated on the dorsal portion of the CCLOA. The ownership of the land is vested to the individual ARBs, not the cooperative, association, organization, or group. In cases where some of the ARBs choose to maintain the CCLOA while the others opt to dissociate himself/themselves from a CCLOA, the same shall be parcelized resulting to a combination of individual c-Titles and collective c-Titles subject to existing laws and policies of DAR. Each of the ARB in the CCLOA shall be entitled for a share not to exceed the three (3)-hectare award ceiling under CARP except for Page 6 of 233.5 3.6 those lands distributed from Landed Estates and Settlement areas pursuant to Commonwealth Act (C.A.) No. 539, R.A. No. 1400, DAR Memorandum Circular (M.C.) No. 15, Series of 1983, and DAR A.O. No. 3, Series of 1990. The ownership of ARBs, who have occupied and cultivated the lands, and whose rights thereon have been vested prior to June 15, 1988 in accordance with pertinent laws, shall be recognized subject to applicable limit provided by the law from which the vested right was derived. In the event that the LH covered by the CCLOAs have been parcelized and the ARBs have been allocated with the award ceiling, and there is still an excess area or remaining portion of the subject land for allocation, the PARPO II shall cause the simultaneous conduct of identification, screening and selection of additional qualified beneficiaries in accordance with pertinent policy under R.A. No. 6657, as amended. CCLOAs with whole area verified to be within timberland/inalienable areas as confirmed by way of a Certification issued by DENR/Assistant Regional Director for Technical Services (ARD-TS), shall not be subdivided. In case the LH covered by CCLOA is determined with a portion partly alienable and disposable (A & D) lands, partly timberland/inalienable and/or partly unclassified public forests, the following shall be observed: 3.6.1Segregate and parcelize the portions found as A & D lands, timberland/inalienable and/or unclassified public forests; 3.6.2Ensure the following: a. The portion of LH as A & D lands and the portion of LH as timberland/inalienable and/or unclassified public forests shall be reflected by the Geodetic Engineer who conducted the segregation/subdivision survey in the corresponding segregation/subdivision survey plan prior to its approval by DENR. b. Based on the ASP, the c-Titles for individual and/or group of ARBs shall be generated, registered and issued by the ROD pursuant to Chapter 8 of this A.O. c. The generated, registered and issued c-Titles by the ROD on the A & D portion of the LH shall be annotated at the dorsal portion of the CCLOA. d. The timberland/inalienable and/or unclassified public forests shall remain in the CCLOA. The unclassified public forest portion of the CCLOA shall proceed in the generation, registration and issuance of c-Titles by the ROD after the issuance of a Proclamation by the President Page 7 of 233.7 3.8 classifying the said portion as Agricultural and open for disposition upon the recommendation of the DENR. e. No cancellation of CCLOA shall be undertaken for the timberland/inalienable portion of the LH that remained in the CCLOA. In case of LHs where ARBs have or are with actual tillages, the DAR shall parcelize the same based on the actual areas of tillage provided that each area awarded to ARBs shall not exceed the three (3)-hectare limit. After applying the three (3)-hectare limit, the total/accumulated excess area shall be allocated in the most equitable and practicable manner to other ARBs in the CCLOA. With respect to the LHs which do not have actual tillage at the time of award of the CCLOA or during the identification, screening and selection of qualified ARBs or at the time of parcelization of CCLOA, such as, among others, those formerly under a plantation system or those non-plantation type LHs, the DAR shall parcelize the subject land based on the Lot Allocation Agreement of the ARBs. In the absence of the Lot Allocation Agreement as to the area of award to each ARB, the total area of the LHs covered by CCLOA shall be distributed equally, provided that the proportional share of each ARB will not exceed three (3) hectares award limit. Otherwise, additional qualified beneficiaries shall be considered. In case of disagreement on the equitable allocation of the land, the following shall be observed, whichever is applicable: 3.8.1 Manner provided under Section 6 of Memorandum Circular No. 6, Series of 2014, “Clarificatory Guidelines Governing the Identification, Screening and Selection of Farmworker Beneficiaries for Haciendas, Commercial Farms or Plantations Pursuant to R.A. No. 6657, As Amended”; or 3.8.2 Conduct of raffle, wherein the following shall be undertaken: a. Print in a piece of paper the names of the ARBs (one [1] per ARB or group of ARBs). b. Draw the names of ARBs printed in a piece of paper or raffle through lottery by a DAR official or the ARBs themselves. Names of the ARBs shall be drawn from the raffle box/es in the presence of the representative of Barangay Agrarian Reform Committee (BARC) or a representative of any non-government organization (NGO) or people's organization (PO) in the area. 2 . In case when a group of ARBs is drawn, the lot drawn shall be allocated to the first “ARB in the group” and the succeeding lot numbers in the schematic plan will be Page 8 of 233.9 3.10 assigned/allocated to the other ARBs in the order as listed in the paper until the last member of the group is given/assigned a lot (e.g., ARB#3 = lot #9; thus, ARB#4 = lot #10;....ARB#9 = lot #15, if group of 7). Thereafter, the MARPO/Designated personnel shall submit the duly signed report on the result of the equitable lot allocation conducted pursuant to either Sections 3.8.1 or 3.8.2 hereof (CARPER LAD Form No.70-F). The said report shall cause the issuance of an Order of Parcelization as basis of the ROD for cancellation of CCLOA and subsequent generation, registration and issuance of c-Title. Individual lots may be provided with access roads and other common use areas to be included in the parcelization scheme. In determining the width of access road/right of way from the other lots, the area which is least prejudicial to the affected lot shall be considered. The access road/right of way shall be in accordance with the standard of the Department of Public Works and Highways (DPWH) on access road specifications necessary to bring out the crops and to bring in the necessary farm implements. All common use areas as determined by DAR shall be segregated and titled in the name of the Republic of the Philippines (RP) and shall not be amortized under Section 26 of R.A. No. 6657, as amended and in accordance with Section 104 of A.O. No. 7, Series of 2011, as amended by Section 1 of A.O. No. 2, Series of 2016. Based on the Order of Parcelization, c-Titles shall be registered in the name of original ARB, in case of death or transfer of rights or voluntary surrender to the government and while the transfer action is under process. However, if the Transfer Action Order becomes final and executory, the following shall be applied: 3.10.1 Prior to or during the parcelization process or prior to the registration of c-Title, the c-Title shall be issued under the name of the concerned heir - successor/transferee/re- allocatee based on a Transfer Action Order which is favorable to the successor/transferee/re-allocatee. Otherwise, for Transfer Action Order which is unfavorable, disqualify the concerned person/individual and re-allocate the subject land to other qualified heir beneficiaries/ARBs/re- allocatee in accordance with pertinent existing rules and Page 9 of 233.1 3.12 3.13 3.14 3.15 regulations on identification, screening and selection of potential beneficiaries. 3.10.2 Facilitate the issuance of a Cancellation Order for the said registered c-Title under the name of the original ARB, if the Transfer Action Order was issued after the registration of the said c-Title. Thereafter, request the ROD to generate, register and issue a c-Title in the name of qualified heir-successor/transferee/re- allocatee. For agrarian reform plantation-based cooperatives whose land is not under an Agribusiness Venture Arrangements (AVA) but is currently self-manage and operated by the agrarian reform plantation-based cooperative, a member who opts to voluntarily withdraw/sever his/her membership from the agrarian reform cooperative shall be entitled to a refund of his/her paid-up land share and cash share capital contribution and all other interests in the cooperative, pursuant to Rule 3, Section 5 of the Rules and Regulation Implementing Certain Provisions of the Cooperative Code of the Philippines. The land share shall be forfeited and shall be transferred or assigned to existing ARB-members or to other qualified ARBs or held in trust by the cooperative pursuant to Section 4.8 of Joint DAR-Cooperative Development Authority (DAR-CDA) A.O. No. 9, Series of 2008. Portions of a LH covered by CCLOAs with common service facilities as defined under Section 2.9 hereof shall be segregated and issued CCLOA. This shall be managed in a manner to be agreed upon by the ARBs, and as allowed by the prevailing laws. Land amortization due on the land shall be equally shared and paid collectively by the concerned ARBs. In the absence of an Order of Finality on a Petition for Disqualification or Exclusion or Inclusion of ARBs at the time of parcelization process, the pendency of a Petition for Disqualification or Exclusion or Inclusion of ARBs shall not affect the process of parcelization. The DAR shall continue the process of parcelization up to the issuance of subsequent c-Titles based on the names of ARBs as annotated on the CCLOA or on the final and executory Order in a Petition for Disqualification or Exclusion or Inclusion of ARBs. CCLOAs with legal or technical infirmities shall be processed as soon as such infirmities are properly addressed/resolved. Subdivision survey of CCLOA undertaken by a private Geodetic Engineer commissioned by the co-owners is allowed. The RD, upon recommendation of the PARPO shall issue survey authority. The Page 10 of 233.16 3.17 PARPO II shall ensure that the survey and subsequent redocumentation of individual CLOAs are in accordance with the pertinent provisions of this A.O. The portion/s of LHs covered by CCLOA which is determined by DAR as non-coverable, the following shall be adopted, if applicable: 3.16.1 Segregate the landowner’s (LO’s) retained area and other non-coverable areas. 3.16.2 Facilitate the following based on the ASP with narrative Technical Descriptions (TD) and other supporting documents: a. Issuance of title in the name of the RP for areas intended for common use such as roads, school sites, irrigation facilities, hospitals, etc., as well as the turn-over of the same to appropriate government agencies. b. Issuance of a regular title in the name of the LO for his/her retention area or for non-coverable areas other than for common use. Lots subject for common use areas shall be turned-over to the government agencies concerned upon request through the execution of a Deed of Transfer (DOT) by the DAR Secretary and the Head or any duly authorized representative of the appropriate government agency. The conditions/restrictions/prohibitions shall be incorporated in the said DOT and shall be annotated in the RP title to be issued in favor of the transferee and/or its successor-in-interest (e.g. newly-created government agency/ies in lieu of the transferee, if the same is abolished). The conditions include the following: 3.17.1 That, the lot/s shall be exclusively utilized for the purpose of being actually utilized for public purpose. 3.17.2 That, the lot/s shall not be sold, transferred or in any manner encumbered. 3.17.3 That, the lot/s shall be maintained and developed in accordance with existing rules and regulations. 3.17.4 That, all expenses for the acquisition, registration of transfer documents, including fees, taxes or charges, if there is any, shall be borne exclusively by the transferee. The procedures for the turn-over of the subject lots shall adopt/apply the applicable provisions under A.O. No. 4, Series of 2006, “Revised Guidelines Governing the Turn Over of Lots Allocated for Public Use and/or Actually Utilized for Public Purposes Within DAR Administered Landed Estates and Settlement Projects and Lands Acquired under Page 11 of 233.18 Executive Order No. 448 in Favor of the Government Agencies Concerned.” Pursuant to DAR A.O. No. 01, Series of 2011 and DAR A.O. No. 07, Series of 2011, as amended, provides that: Sec. 105. Farmers who are husband/wife directly working on the subject land maybe entitled to three (3) hectares each, Provided, that they are qualified as ARBs in their own respective vested rights to the said land which have been duly established. 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, to wit: Juan married to Maria or Maria married to Juan to indicate that the first name is the awardee. In the case of a common-law relationship, the names of both parties shall likewise appear in the CLOA with the conjunctive word “and” between their names. Should they likewise qualify as individual ARBs, their names shall be registered without the other. The same provisions shall apply in cases where the married ARBs or ARBs in common-law relationship are covered by a collective/co- ownership CLOA and their names are annotated at the back of the said CLOA. For purposes of ARB inventory and reporting, spouses or parties whose names appear in a single CLOA shall be counted as one ARB. CHAPTER 2 INVENTORY AND VERIFICATION OF COLLECTIVE CERTIFICATE OF LAND OWNERSHIP AWARD Section 4, Immediate Inventory of CCLOA. - Upon the effectivity of this A.O., the DARPOs shall immediately undertake the inventory of all CCLOAs existing within their respective provinces based on the CLOA Information System (CLOA-IS)/Field Operations File No. 3 (FOF3). The CCLOA inventory shall include the following data using CARPER LAD Form Nos. 4.1 70 and 70-A. Annotation of ARBs in the CCLOAs: 4.1.1 With annotation of the names of ARBs in the existing CCLOA; and 4.1.2Without annotation of the names of ARBs in the existing CCLOA, either: a. With duly approved and certified Masterlist of ARBs; or b. Without duly approved and certified Masterlist of ARBs. Page 12 of 234.2. Land Type: 4.3 4.4 45 4.6 4.2.1 LBP-compensable land; 4.2.2Government-owned land (GOL) (i.e., DAR Settlement Project, Kilusang Kabuhayan at Kaunlaran [KKK] lands under Presidential Proclamation (PP) No. 2282, lands under Executive Order [E.O.] No. 407, Series of 1990, E.0. No. 448, Series of 1991 and E.O. No. 506, Series of 1994); 4.2.3 Landed Estates; and 4.2.4 Lands under Voluntary Land Transfer (VLT). By survey status: 4.3.1 With ASP 4.3.2Without ASP ARB Group/Type: 4.4.1 ARB Cooperative; 4.4.2 ARB Association; 4.4.3 Organized group of ARBs other than the above; or 4.4.4 Non-organized group of ARBs. Actual land use of the LH. CCLOAs subject of case/s: 4.6.1 With pending cancellation case; 4.6.2 With pending ALI case; and 4.6.3 With final and executory decision. Section 5. Verification of CCLOA. - The DARPO shall verify the land classification of the LHs covered by CCLOA. CHAPTER 3 PRIORITIZATION OF COLLECTIVE CERTIFICATE OF LAND OWNERSHIP AWARD FOR PARCELIZATION Section 6. Order of Priority. - Upon completion of the inventory and verification, the DAR Provincial Office (DARPO) shall prepare a list of CCLOAs found to be within A & D, and shall be processed in the following order of priority: Page 13 of 236.1 LBP-Compensable lands distributed under the Compulsory Acquisition (CA) or Voluntary Offer to Sell (VOS) mode; 6.2 GOLs which include the following: 6.2.1 Lands within DAR Settlement Projects; 6.2.2 Lands turned-over to the DAR by other government agencies and institutions pursuant to EO Nos. 407, Series of 1990, 448, Series of 1991, and 506, Series of 1994; and 6.2.3 KKK lands distributed pursuant to Presidential Proclamation No. 2282, Series of 1983. 6.3 Landed Estates; or 6.4 Lands under VLT Scheme. In all cases, and following the above order of priority, big LHs shall be given priority/preference in the parcelization of existing CCLOAs. CHAPTER 4 FIELD VALIDATION OF THE STATUS OF COLLECTIVE CERTIFICATE OF LAND OWNERSHIP AWARD Section 7. Preliminary Meeting/Consultation with the ARBs. — Following the order of priority under Chapter 3 hereof, the Department of Agrarian Reform Municipal Office (DARMO) or in the absence of a DARMO, the designated personnel by the PARPO II, shall call a preliminary meeting/consultation of all collective owners to discuss the policies and procedures on the parcelization of CCLOA and to gather information on the following: 7.1 Actual tillage of the LH by ARBs and non-ARBS; 7.2. Actual occupation of the LH by non-ARBs; 7.3 Mode and date of occupation of the LH by the ARBs and non-ARBs; 7.4 Current land use of the LH; 7.5 Status of organization/cooperative, and existence of Agribusiness Venture Arrangement (AVA) contracts; 7.6 Availability of Owner’s Duplicate Certificate (ODC) of CCLOA Title; and 7.7 Request of the ARBs to parcelize (CARPER LAD Form No. 70-H). Section 8. Field Validation. - After the consultation, the MARPO or the personnel designated by the PARPO II shall validate the results and Page 14 of 23prepare the Field Validation Report stating the concomitant recommendations and submit the same to the PARPO II (CARPER LAD Form No. 70-B). CHAPTER 5 FIRMING UP THE LIST OF COLLECTIVE OWNERS OF THE AWARDED LANDS Upon receipt of the Field Validation Report, the DARPO shall perform the procedures as stated in Sections 9, 10, and 11 hereof. Section 9. Annotation of the Names of ARBs in the CCLOA. - For CCLOAs without annotation of names of ARBs, the DARPO shall perform the following acts: 9.1 If there is duly approved Masterlist of ARBs/List of ARBs (CARP-LAD Form No. 33 per A.O. No. 2, Series of 2009 and A.O. No. 3, Series of 1989) or Master List of Qualified ARBs (CARPER LAD Form No, 31 per A.O. No. 7, Series of 2011, as amended), the PARPO shall request the ROD to annotate the name/s of the ARBs in the CCLOA (CARPER LAD Form No. 70-C). 9.2 If there is no approved Masterlist of ARBs/List of ARBs (CARP-LAD Form No. 33 per A.O. No. 2, Series of 2009 and A.O. No. 3, Series of 1989) or Master List of Qualified ARBs (CARPER LAD Form No. 31 per A.O. No. 7, Series of 2011, as amended), the PARPO II shall: 9.2.1Direct the MARPO/designated personnel to prepare the Masterlist/List of ARBs/Co-owners in accordance with pertinent policies and procedures on the identification, screening and selection of ARBs at the time of the documentation of the CCLOA. The Masterlist/List of ARBs/Co-owners shall be prepared based on available documents/records, such as, but not limited to the following: a. DAR pertinent records in the Claim Folder/s (CFs) such as Farmers Information Sheet, List of ARBs, Application to Purchase and Farmer's Undertaking (APFU), and CLOA Information System (CLOAIS), Co-ownership Agreement, Application Form, Affidavits/Sworn Statements (collective or individual); b. Documents such as employment records (payroll or pay slip), Social Security System (SSS) records (for plantation- based farmworkers), CDA registration certificate, cooperative/ association membership records, Voter's ID, and other identification card/s that may be used as evidence to prove that the person identified as ARB is qualified; and Page 15 of 23c. Other documents that have probative value in determining the qualification of ARBs of a particular LH at the time of its acquisition and distribution (e.g., Sworn Statements, BARC Certification, if applicable). 9.2.2Upon the completion of the Masterlist/List of ARBs/Co-owners, the PARPO II shall approve the same and post the Masterlist/List of ARBs/Co-owners in a conspicuous area, in accordance with A.O. No. 7, Series of 2011, as amended. If there is no protest filed within 15 days from posting, the list becomes the basis of the PARPO II to issue the Order of Parcelization and direct the ROD to annotate all the names of ARBs in the said CCLOA. Section 10. Inclusion/Exclusion from the Masterlist/List of ARBs. - In case there is a protest filed for the inclusion/exclusion of ARBs in the Masterlist/List of ARBs/Co-owners, the following rules shall apply: 10.1 In case a petition for inclusion in or exclusion from the Masterlist/List of ARBs/Co-owners is filed/pending with the Regional Director/Secretary, the PARPO II shall proceed with the parcelization of the unaffected area without prejudice to the outcome of the petition involving the substantial rights of other ARBs. 10.2 Upon the final and executory judgment on the inclusion/exclusion in the Masterlist/List of ARBs, the PARPO II shall request the ROD to annotate the inclusion/exclusion (CARPER LAD Form No. 70-C) of ARBs in the CCLOA based on the amended Masterlist/List of ARBs (CARPER LAD Form No. 31 per A.O. No. 7, Series of 2011, as amended). Thus, A.O. No. 2, Series of 2018, as amended, shall not apply for CCLOAs for parcelization with inclusion/exclusion. Section 11. Confirmation of Masterlist/List of ARBs/Co-owners. 11.1 The DARPO shall submit the Masterlist/List of ARBs/Co-owners to the DAR Regional Office (DARRO) for confirmation of the Regional Director. If the said Masterlist/List of ARBs/Co-Owners is in order, return the same with an instruction to proceed with the preparation of Requisition for Survey Services (RSS) involving the LH covered by CCLOA in accordance with pertinent existing rules and regulations. 11.2 In case of incomplete data/information/supporting document, notify the DARPO for appropriate action. Page 16 of 23CHAPTER 6 PARCELIZATION PROCESS Section 12. Conduct of Consultation Meeting with the ARBs whose Names are Annotated in the CCLOA. - 12.1 12.2 12.3 The MARPO/designated personnel shall prepare and send a Notice of Meeting to all registered ARBs inviting them for a discussion on the parcelization of their CCLOAs. The said Notice shall be addressed and sent to the registered owners (CARPER LAD Form No. 70-D), written in both English and the local dialect. The notice shall be posted in the municipal and barangay halls where the property is located and in the LH. For purposes of posting in the LH, a Bulletin Board preferably water-resistant materials, measuring not less than two (2) by three (3) feet (2 x 3 ft.), shall be used. The barangay official concerned shall certify the fact of posting. During the meeting, the MARPO/designated personnel shall discuss the parcelization process, schedule of activities and documentary requirements from the ARBs. The DARMO/DARPO shall prepare and maintain Minutes of the Meetings indicating therein the issues, discussions and agreements made by the parties. The MARPO/designated personnel may decide to have several meetings/conferences with the community and/or call the individual ARBs to determine the issues described in this section. Execution of Lot Allocation Agreement (CARPER LAD Form No. 70-E). The ARBs and the heir/s of a deceased ARB in an existing CCLOA may choose to agree among themselves as to the manner the land shall be allocated to each of them. The corresponding Lot Allocation Agreement shall indicate the respective size/area and location designated to the individual and/or group of ARBs. In case of a deceased original ARB, anyone among the heirs may represent the deceased original ARB. The corresponding Lot Allocation Agreement shall be signed by all the ARBs and anyone among the heirs of the deceased original ARBs as their representative and shall be verified under oath before the concerned PARPO II. In case the ARBs failed to execute a Lot Allocation Agreement on how the CCLOA shall be divided among themselves, the allocation of lots shall be in accordance with Section 3.8 hereof. In such a case, the MARPO/Designated Personnel shall submit the duly signed Page 17 of 23Report on the conducted equitable lot allocation (CARPER LAD Form No. 70-F, Report on the Equitable Lot Allocation). The Lot Allocation Agreement or the Report of the MARPO/Designated Personnel on the result of the equitable lot allocation conducted shall cause the issuance of an Order of Parcelization by the PARPO II as basis of the ROD to cancel the CCLOA and the subsequent generation, registration and issuance of the c-Titles. CHAPTER 7 PARCELIZATION SCHEME Section 13. Existing Common Service Facilities, Structures, and Other Improvements. - Portions of LH covered by a CCLOA with existing common service facilities, structures, and other improvements and those found to be with very minimal agricultural yield shall be segregated and titled as follows: 13.1 For Private Agricultural Lands (PAL) with common service facilities, infrastructure and/or improvements that are considered necessary and beneficial to the operations of the farm/plantation, there shall be issued another CCLOA and this shall equally be amortized by the collective owners/ARBs. The CCLOA shall be issued in the name of all the ARBs in the parcelized CCLOA. For common use areas such as roads, irrigation system, school sites, hospitals, recreation areas/parks, and the like, there shall be issued a Republic of the Philippines (RP) title through the DAR, for proper turn-over to appropriate agencies. The acquisition cost shall be fully paid by the government. 13.2 Non-compensable lands under E.O. Nos. 407, Series of 1990; 448, Series of 1991; 506, Series of 1994, Settlement Proclamation and Presidential Proclamation No. 2282, Series of 1983, shall be issued an RP title/s. Section 14. Parcelization Survey of CCLOA. - Based on the list of ARBs annotated in the CCLOA, or contained in the Lot Allocation Agreement or the Report of MARPO/Designated Personnel on the result of equitable land allocation conducted, the DARPO shall conduct parcelization survey of the CCLOA, after which a Survey Plan shall be prepared and certified by a Geodetic Engineer for approval of the DENR. For CCLOAs which have ASP, the DARPO shall conduct ground validation to determine if the said ASP is still reflective of the actual situation on the ground. Otherwise, as in the case where there is a change in the number of ARBs, or a change in land use (e.g., eroded portion, presence of roads Page 18 of 23and other facilities, etc.) or actual occupation of ARBs, are not in conformity with the plan, among others, an amendment of survey plan of the LH shall be undertaken. Section 15. Issuance of Order of Parcelization. - After the approval of the Survey Plan of subdivision of CCLOA, the PARPO II shall issue an Order of Parcelization (CARPER LAD Form No. 70-1) based on the Lot Allocation Agreement or the Report of MARPO/Designated Personnel and ASP with narrative TD or electronic TD (e-TD). The Order of Parcelization together with the copy of the Masterlist of ARBs/List of ARBs/Amended Masterlist of ARBs, ASP with narrative TD/e-TD and other relevant documents, if any, shall be presented to the ROD as the basis for cancellation of CCLOA and subsequent generation, registration, and issuance of c-Titles. CHAPTER 8 GENERATION, REGISTRATION AND ISSUANCE OF INDIVIDUAL COMPUTERIZED TITLE (c-Title) OR NEW COLLECTIVE c-TITLE Section 16. Generation, registration and issuance of Individual Computerized Title (c-Title)/New Collective c-Title. - Upon receipt of the ASP with narrative TD from the DENR Regional Office - Technical Services, the following shall be observed: 16.1 The PARPO II shall request the ROD using CARPER LAD Form No. 70- G (Request for the Generation, Registration and Issuance of Individual Computerized Titles [c-Titles]/new collective c-Title and Annotation of All Registered and Issued Individual c-Titles/new collective c-Titles at the Dorsal Portion of the CCLOA) for the following: 16.1.1 Generation, registration and issuance of c-Title using appropriate ROD Judicial Form; 16.1.2 Issuance of separate/regular titles for the landowner’s retained area and non-coverable area/s other than for common use, if any; 16.1.3 Issuance of Transfer Certificate (TCT) in the name of the Republic of the Philippines (RP) for areas intended for common use (i.e., school sites, irrigation facilities, hospital, etc.); 16.1.4 Copies or Replica with exact appearance of the generated c- Titles; and Page 19 of 23,16.2 16.3 16.4 16.5 16.6 16.1.5 Annotation of all registered and issued individual c-Titles at the dorsal portion of the CCLOA. The request shall be supported by the ASP with electronic-Technical Descriptions (e-TDs), Order of Parcelization, and Masterlist/List of ARBs/Co-owners (CARPER LAD Form No. 70-G). However, in cases where the ASP has only the narrative TD available at the DAR, shall include the same in the supporting documents, in lieu of the e-TD, in order for the ROD to encode in the system the information/data from the narrative TD for application of electronic inscription of TD. Upon receipt of the PARPO II’s request with the attached documents such as Order of Parcelization, Masterlist of ARBs, Physical Copy of Approved Subdivision Plan, together with the e-TDs, the ROD shall generate the c-Titles using the appropriate ROD Judicial Forms. For Purposes of verification by the DARPO concerned of the consistency of the names of ARBs, area, lot numbers, and other information reflected in the c-Titles vis a vis the ASP with e-TDs, Order of Parcelization, and Masterlist of ARBs, the LRA shall provide/allow the DARPO access to the portal dedicated for the SPLIT Project. In the event that the ASP is supported only by narrative TD, the PARPO II shall apply for electronic inscription of TD with the LRA/ROD. If in order, the PARPO II shall confirm the generated c-Titles with the ROD and the authority to affix the digital signature of the DAR Secretary on the verified error-free c-Titles, copy furnished the Regional Director (CARPER LAD Form No. 70-J). The authority of the PARPO II to confirm the use of the Secretary’s digital signature by the ROD in c-Titles is hereby delegated by the DAR Secretary under this AO, thereby revoking the delegated authority to the Regional Director on the use of the signing machine of the DAR Secretary in accordance with DAR MC No. 01, Series of 2018, titled “Revised Systems and Procedures for the Requisition, Issuance, Utilization, and Accounting of EP/CLOA Judicial Forms and the Control of the Use of Signing and Sealing Machines.” Otherwise, the PARPO II shall inform the ROD on the erroneous information for correction of c-Titles (CARPER LAD Form No. 70-K). The ROD shall register and issue the c-Titles based on the PARPO II confirmation of the digital signature of the DAR Secretary. The ROD shall annotate at the dorsal portion of the CCLOA all registered and issued individual c-Titles. Page 20 of 23,The ROD shall release the registered copies of the c-Titles to the DARPO for distribution/issuance to the concerned ARBs. CHAPTER 9 UPDATING/GENERATION OF LAND DISTRIBUTION INFORMATION SCHEDULE Section 17. Updating/Generation of Land Distribution Information Schedule (LDIS). 17.1 17.2 For compensable LHs under CA and VOS, upon receipt of the c-Titles and assignment of Electronic Primary Entry Book (EPEB) Number by ROD, the DARPO shall generate LDIS in accordance with the DAR A.O. No. 2, Series of 2019, titled “Guidelines and Procedures on the Generation of Land Distribution and Information Schedule to Facilitate the Collection and Monitoring of Agrarian Reform Receivables”, using CARPER LAD Form No. 47. For LHs which were parcelized and with ASP pending valuation, the generation and inclusion in the CF of the LDIS pursuant to A.O. No. 4, Series of 2014, shall be followed. Section 18. Prescribed Forms. The prescribed forms that shall be used in the parcelization of CCLOAs and subsequent generation, registration and issuance of c-Titles are as follows: 18.1 18.2 The following prescribed forms shall remain in use, effective and adopted: 18.1.1 CARPER LAD Form No. 31-A (Amended Masterlist of Qualified Agrarian Reform Beneficiaries); 18.1.2 CARPER LAD Form No. 70 (Inventory of Existing CCLOAs Issued to Groups of ARBS/Cooperatives/Organizations); 18.1.3 CARPER LAD Form No. 70-A (Transmittal of Inventory of Existing CCLOAs); 18.1.4 CARPER LAD Form No. 70-B (Field Validation Report for Existing CCLOAs); 18.1.5 CARPER LAD Form No. 70-C (Request for Annotation of the Names of ARBs in the CCLOAs); and 18.1.6 CARPER LAD Form No. 70-H (Request for Parcelization of CCLOAs). The revised and modified prescribed forms shall be the following: 18.2.1CARPER LAD Form No. 70-D (Notice of Consultation Meeting); Page 21 of 2318.2.2CARPER LAD Form No. 70-E (Lot Allocation Agreement on Lands Covered by a CCLOA); 18.2.3CARPER LAD Form No. 70-F (MARPO/Designated Personnel Report on Equitable Lot Allocation); 18.2.4CARPER LAD Form No. 70-G (Request for the Generation, Registration, Issuance of Individual Computerized Titles [c- Titles]/new collective c-Titles and Annotation of All Registered and Issued Individual c-Titles at the Dorsal Portion of the CCLOA); and 18.2.5CARPER LAD Form No. 70-I (Order of Parcelization). 18.3 The additional prescribed forms shall be the following: 18.3.1CARPER LAD Form No. 70-J (Confirmation of the Generated c- Titles and Authorizing the Use of the Digital Signature of the DAR Secretary), and 18.3.2CARPER LAD Form No. 70-K (Correction of Erroneously Generated c-Titles). CHAPTER 10 FINAL PROVISIONS Section 19. Transitory Clause. - Any pending parcelization of existing CCLOA including all ASPs shall be governed by this Administrative Order. Cases arising from the implementation of this Administrative Order shall be resolved in accordance with applicable rules. Section 20. Repealing Clause. - The provisions of DAR A.O. No. 03, Series of 1993, “Rules and Procedures Governing the Issuance of Collective CLOAs and Subsequent Issuance of Individual Titles to Co- owners”, DAR A.O. No. 3, Series of 2016, “Guidelines and Procedures to Stabilize Ownership and Tenureship of Agrarian Reform Beneficiaries with Collective Certificates of Land Ownership", DAR A.O. No. 02, Series of 2019, “Guidelines and Procedures on the Parcelization of Landholdings with Collective Certificates of Land Ownership Award”, and all other issuances or portions thereof that are inconsistent herewith are hereby repealed. Section 21. Separability Clause. - Any judicial pronouncement declaring as unconstitutional any provision of this A.O. shall have no effect on the validity of the other provisions not affected thereby. Page 22 of 23Section 22. Effectivity Clause. - These Rules shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation and its registration with the Office of the National Administrative Registry (ONAR). Issued this FEB 2 6 , 2021, Diliman Quezon City ATTY. dt R. CASTRICIONES Secretary Department of Agavian Refer Published in two (2) National Newspaper of General Circulation 1. Manila Times 2. Dally Tribune Date of Publication: June 30, 2021 Page 23 of 23REPUBLIC OF THE PHILIPPINES DEPARTMENT OF AGRARIAN REFORM Tunay na Pagbabago sa Repormang Agraryo CERTIFICATION This is to certify that Administrative Order No. Ol, Series of 2021 entitled “REVISED GUIDELINES AND PROCEDURES ON THE PARCELIZATION OF LANDHOLDINGS WITH COLLECTIVE | CERTIFICATES OF LAND OWNERSHIP AWARD” was published today, 30 June 2021, in the Manila Times and Daily Tribune newspapers. Issued this 30th day of June 2021 for whatever purpose it may serve. (OIC-Directt Concurrent Director, CaLaBaRZon ‘DAR CENTRAL OFFICE "TELEFAX (652) 456-2561 Elipticl Road. Dilan, Quezon City WEBSITE: wiww.dar.cov.oh