Guidelines and Procedures for the Conduct of ARB Validation in Hacienda Luisita, Inc. (HLI)

February 20, 2017

DAR MEMORANDUM CIRCULAR NO. 04-17

 

I. Prefatory Statement

Section 22 of Republic Act (RA) No. 6657, as amended, provides that:

"xxx xxx xxx

A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the 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. XXX"

The Supreme Court of the Philippines in the case . . .

Considering the above, a Special Order No. 37, Series of 2017 was issued creating the Hacienda Luisita Task Force Validation, specifically to determine the whereabouts and assess the condition/s of the 6,296 agrarian reform beneficiaries (ARBs) in Hacienda Luisita, Inc. (HLI).

II. Coverage

This MC shall cover all agrarian reform beneficiaries who were awarded their Certificates of Land Ownership Award (CLOAs) and had been installed or are in possession of the lands awarded under the Comprehensive Agrarian Reform program (CARP) pursuant to Supreme Court decision on the Hacienda Luisita Case dated July 6, 2011. CAIHTE

III. Creation of HLI-ARBs Validation Team

Pursuant to SO No. 37, Series of 2017, an ARB Validation Team was created and organized from among the DAR Central and Provincial Offices (DARCO/DARPO):

A. Composition

Team Leader: Undersecretary for Operations

Vice Team Leader: Undersecretary for Legal Affairs

Members: Designated employees from FOO, BLTI MARPO or DARPO and Local residents engaged for the purpose

The Team Leader or Vice Team Leader shall determine the number of Field Team members based on the extent/magnitude or number of ARBs and area of coverage per barangay. For this purpose, they are authorized to augment and to engage other employees of the department or local residents to assist them in the execution of the tasks of validation.

B. Duties and Functions

The HLI-ARBs Validation Team, shall be responsible, in addition to those stated in SO 37, Series of 2017, for the following:

1. Convene the Team to discuss the objectives, the necessary documents required (i.e., Approved Masterlist of ARBs per barangay, list of ARBs with Approved Survey Plan/s, Maps per block, etc.), procedures in the conduct of the validation and the preparation and submission of reports;

2. Prepare and send letter/s to the BARC Chairman/Barangay Chairman, local CSO representative and other stakeholders concerned in the area of jurisdiction;

3. Undertake, through the Provincial Agrarian Reform Office and Municipal Agrarian Reform Office, information dissemination/campaign for the conduct of ARB validation through the following:

3.1 Prepare, and send invitation letter/s and/or Notice of Meeting to the concerned ARBs stating the purpose, schedule (date/time) and venue of the validation;

3.2 Post "Announcements" (PABATID/BALITA) like tarpaulins in at least three (3) conspicuous places like barangay halls, where the landholding/s is/are located as well as in other conspicuous places within the community (i.e., local cooperative/association offices, jeepney/tricycle terminals, etc.) for at least five (5) days prior to the schedule of the validation;

3.3 Conduct mobile announcement through "bandillo" or public address system or other possible means, to broadcast/publicize/advertise about the ARB validation in the barangays concerned;

3.4 Initiate or conduct initial meetings or "pulong-pulong" with local official in the barangay to inform them of the ARB validation.

4. Conduct a meeting on the scheduled date and carry out the following:

4.1 Explain in the local dialect of the ARBs concerned the purpose of the ARB validation, particularly on the following:

a. the actual occupation of the ARBs in the awarded lands (i.e., area/size, block number, lot number; CLOA Title number);

b. actual status in lot/s awarded (whether ARB is still cultivating the lot or is/were the lots transferred, and the reason/s for the transfer — either succession or other reason/s);

c. issues, problems, concerns encountered from the time of award of land/s to ARBs.

4.2 Schedule and agree on the date of the ARB validation/interview of ARBs;

4.3 Document and prepare Minutes of Meeting/s conducted.

5. Conduct and facilitate, through the Field Validation Teams, the ARB validation/interview proper on the scheduled/agreed date and venue and undertake the following activities:

5.1 gather or fill-up the data and information through a "one-on-one"personal interviews of the ARB/s using the prescribed ARB Validation Form (Annex A).

5.2 ensure that all required data/information are accurately, factually and completely captured in the prescribed forms (Annex A and Annex B);

5.3 process, consolidate and analyze the data/information gathered collected by preparing a Findings and Summary per barangay and municipality;

6. In the event that there is/are contentious issues/problems encountered as reported by the ARBs on the awarded lot/s/land/s, recommend for the conduct further of an in-depth field investigation on the matter and prepare concomitant recommendation/s.

7. Prepare ARB Validation Report Folder with the following documents enclosed/attached:

a. ARB Validation Report containing the Findings and Summary;

b. Approved Masterlist of ARBs;

c. Copy/ies of Invitation letters to concerned ARBs, local officials, etc.;

d. Minutes of Meeting/s conducted; and

e. Filled-up/accomplished ARB validation Forms; and

f. Other documents used in the ARB validation with probative value.

IV. VALIDATION ACTIVITY PLAN

Date	Activity	Responsible unit	Output
March 6	Organizational meeting of the Task Force in Tarlac	Team Leader and Vice Team Leader	Task assignments
	Moving out for field work	Each team	Each Team ready for deployment
	Briefing at Regional Office of DAR	TL and Regional Director	Team properly oriented of the tasks
	Assignment of hotel accommodation	Regional/Provincial officers	TF billeting arranged
	Orientation of assigned area for validation	Regional/Provincial officers/TL	TF properly oriented of their area for validation
March 7-10	Field validation of FBs	Each Team	Validation form accomplished for the assigned area for the day
March 11-12	R & R		Team may go home to their respective houses or stay put in Tarlac
March 13-17	Field validation	All teams	Validation form accomplished for the assigned area for the day
March 18-19	R & R		Team may go home to their respective houses or stay put in Tarlac
March 20-24	Field validation	All teams	Validation form accomplished for the assigned area for the day
March 24	Back to DARCO
	Finalize listing of validation output	Office of FOO	Validated list of FBs in HLI

V. PREPARATION AND SUBMISSION OF THE ARB VALIDATION FOLDER

The Field Validation Team shall prepare and submit four (4) ARB Validation Folders (one original set and 3 duplicate copies) and submit same to the following:

Chairman (Task Force Validation) : for information and appropriate action

Regional Director (DARRO III) : for information

PARPO (DARPO Tarlac) : for information

MARPO concerned : for information

The Team Leader shall submit in turn his Report to the Secretary within five (5) days from the conclusion of the activities.

VI. FUNDING

All expenses related to the implementation of this MC shall be chargeable against the centralized agrarian reform fund (ARF) or funds of the respective offices of the personnel participating in this validation activities, subject to the existing accounting and auditing rules and regulations. Local residents engaged for this activity shall be entitled also to compensation that may be allowed under existing rules and regulations.

For the immediate Compliance of all DARCO/DARRO/DARPO/DARMO Officials concerned. HEITAD

February 20, 2017, Diliman, Quezon City.

(SGD.) RAFAEL V. MARIANOSecretary

ANNEX A

HACIENDA LUISITA ARB VALIDATION FORM

 

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Printed name and signature of FB/occupant

Verified by:

________________________________________

Printed name and signature of validation member