Guidelines and Procedures on the Parcelization of Landholdings with Collective Certificates of Land Ownership Award

March 29, 2019

DAR ADMINISTRATIVE ORDER NO. 02, S. 2019

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.

In addition, 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.

Moreover, 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). CAIHTE

CHAPTER 1Preliminary Provisions

SECTION 1. Coverage. — This Administrative Order (A.O.) shall cover the parcelization of all LHs with CCLOAs issued by the DAR to farmers' cooperative, farmers' association, organized group of ARBs, or several ARBs not organized.

SECTION 2. Definition of Terms. — For purposes of this A.O., the following terms are defined:

2.1 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.

2.2 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).

2.3 ARBs with Actual Tillage — refers to the ARBs who are awarded lands covered by a CCLOA and tilling a particular portion.

2.4 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.O.

2.5 Collective Owners — refers to those ARBs that meet the following descriptions:

2.5.1 Whose names were annotated or listed in the registered CCLOA except those ARBs who have been excluded by a Final and Executory Order; DETACa

2.5.2 Whose 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.

2.5.3 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.

2.6 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.

2.7 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.

2.8 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.

2.9 Deed of Parcelization — refers to a legal instrument duly signed by the concerned ARBs and acknowledged or subscribed before a Notary Public containing their respective shares as a result of the parcelization of a LH covered by existing CCLOA. It is the basis of the ROD to cancel the said CCLOA and to register the subsequent individual CLOA.

2.10 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.

2.11 Approved Survey Plan (ASP) — refers to the survey plan of subdivided CCLOA verified and approved by the DENR or the Land Registration Authority (LRA).

2.12 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.

2.13 Order of Lot Allocation — refers to the Order issued by the Provincial Agrarian Reform Officer II (PARPO II) prescribing the manner by which the land shall be 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.

2.14 Order of Parcelization — refers to the Order issued by the PARPO II to parcelize the LH covered by existing CCLOA indicating the respective shares as a result of parcelization in case of the ARBs' failure to execute or sign the Deed of Parcelization.

2.15 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.

2.16 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.

2.17 Qualified ARBs — refers to farmers or farmworkers 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. aDSIHc

2.18 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 CLOA.

SECTION 3. Statement of Policies. —

3.1 As a general rule, the land awarded to an ARB 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;

3.1.2 The 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;

3.1.3 The ARBs are currently not farming individual parcels but are collectively working on large contiguous areas; or

3.1.4 The 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.

3.2 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 CLOA 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.

3.3 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 CLOAs and CCLOAs subject to existing laws and policies of DAR. ATICcS

3.4 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 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.

3.5 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 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.

3.6 CCLOAs with whole area verified to be within inalienable areas as confirmed by way of a Certification issued by Department of Environment and Natural Resources (DENR)/Community Environment and Natural Resources Office (CENRO), shall not be parcelized.

In case a portion of the landholding covered by CCLOA is determined to be not within inalienable areas, as confirmed by the DENR-CENRO, the same shall be segregated and parcelized.

3.7 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.

3.8 With respect to LHs, which do not have actual tillage at the time of parcelization of CCLOA, such as, among others, those formerly under a plantation system, the DAR shall parcelize the subject land based on the agreement of the ARBs.

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; or

3.8.2 Conduct of raffle, wherein the following shall be undertaken:

• Print in a piece of paper the names of the ARBs (one [1] per ARBs or group of ARBs)

• 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 ARB shall be drawn from the raffle box/es in the presence of the BARC. Barangay Chairman or representative of any civic organization in the area.

• 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 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).

• After ten (10) days from the conduct of raffle, the concerned PARPO shall issue an Order of Lot Allocation (CARPER LAD Form No. 70-F).

3.9 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. TIADCc

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.

3.10 In case of death of the original ARB, the heirs shall substitute the deceased CLOA-holder upon their submission of a death certificate of the deceased ARB duly-certified by the pertinent government authority and other substantial proof of death without prejudice to a final Order of Reallocation. The CLOA shall be registered in the name of:

"The Heirs of _______________________________ [name of deceased ARB]" shall be stated in lieu of the deceased ARB in the annotation of names and issuance of individual CLOA.

3.11 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 Regulations 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.

3.12 Portions of a LH covered by CCLOAs with common service facilities as defined under Section 2.8 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.

3.13 Where the dispute/controversy does not affect the area of award, or the number of ARBs, the DAR shall continue the process of parcelization until the issuance of the subsequent individual CLOAs; and

Where the dispute/controversy shall result to a change in the size/area or to an increase/decrease in the number of ARBs, the process of parcelization shall be held in abeyance until the Order of the Regional Director/Secretary on the inclusion/exclusion of ARBs has become final and executory.

3.14 CCLOAs with legal or technical infirmities shall be processed as soon as such infirmities are properly addressed/resolved.

3.15 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 PARPO shall ensure that the survey and subsequent redocumentation of individual CLOAs are in accordance with the pertinent provisions of this A.O.

CHAPTER 2Inventory 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. 70 and 70-A:

4.1 Annotation of ARBs in the CCLOAs:

4.1.1 With annotation of the names of ARBs in the existing CCLOA; and

4.1.2 Without annotation of the names of ARBs in the existing CCLOA, either:

a. With duly approved and certified Masterlist of ARBs; or AIDSTE

b. Without duly approved and certified Masterlist of ARBs.

4.2 Land Type:

a. LBP-compensable land;

b. Government-owned land (i.e., DAR Settlement Project, Kilusang Kabuhayan at Kaunlaran [KKK] lands under Presidential Proclamation No. 2282, lands under Executive Order [E.O.] No. 407, Series of 1990, Executive Order No. 448, Series of 1991 and Executive Order No. 506, Series of 1994);

c. Landed Estates; and

d. Lands under Voluntary Land Transfer (VLT).

4.3 By survey status:

4.3.1 With ASP

4.3.2 Without ASP

4.4 ARB Group/Type:

a. ARB Cooperative;

b. ARB Association;

c. Organized group of ARBs other than the above; or

d. Non-organized group of ARBs.

4.5 Actual land use of the LH.

4.6 CCLOAs subject of case/s:

4.6.1 With pending cancellation case

4.6.2 With pending ALI case

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 3Prioritization of Collective Certificate of Land Ownership Award for Parcelization

SECTION 6. Order of Priority. — Upon completion of the inventory and verification, the DARPO shall prepare a list of CCLOAs found to be within A and D, and shall be processed in the following order of priority: SDAaTC

6.1 LBP-Compensable lands distributed under the Compulsory Acquisition (CA) or Voluntary Offer to Sell (VOS) mode;

6.2 Government-Owned Lands (GOLs) which include the following:

a. lands within DAR settlement projects;

b. lands turned-over to the DAR by other government agencies and institutions pursuant to Executive Order Nos. 407, Series of 1990, 448, Series of 1991, and 506, Series of 1994; and

c. Kilusang Kabuhayan at Kaunlaran lands distributed pursuant to Presidential Proclamation No. 2282, Series of 1983.

6.3 Landed estates; or

6.4 Lands under Voluntary Land Transfer (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 4Field 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, 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:

a. Actual tillage of the LH by ARBs and non-ARBS;

b. Actual occupation of the LH by non-ARBs;

c. Mode and date of occupation of the LH by the ARBs and non-ARBs;

d. Current land use of the LH;

e. Status of organization/cooperative, and existence of Agribusiness Venture Arrangement (AVA) contracts;

f. Availability of Owner's Duplicate Certificate (ODC) of CLOA Title; and

g. Request of the ARBs to parcelize (CARPER LAD Form No. 70-H).

SECTION 8. Field Validation. — After the consultation, the Municipal Agrarian Reform Program Officer (MARPO) or the personnel designated by the PARPO shall validate the results and prepare the Field Validation Report stating the concomitant recommendations and submit the same to the PARPO (CARPER LAD Form No. 70-B).

CHAPTER 5Firming 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 and 10 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 (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 (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:

9.2.1 Direct 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 acEHCD

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).

9.2.2 Upon the completion of the Masterlist/List of ARBs/Co-owners, the PARPO 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 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 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 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.

CHAPTER 6Parcelization Process

SECTION 11. Conduct of Consultation Meeting with the ARBs whose Names are Annotated in the CCLOA. —

11.1 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.

11.2 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.

11.3 Execution of Lot Allocation Agreement (CARPER LAD Form No. 70-E) — The ARBs 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.

The corresponding Lot Allocation Agreement shall be signed by all the ARBs and shall be verified under oath before the concerned PARPO.

11.3.1 In case there is an existing Lot Allocation Agreement or Co-ownership Agreement, it shall be presented to the ARBs for confirmation; SDHTEC

11.3.2 In case the ARBs failed to execute Lot Allocation Agreement or Co-ownership Agreement on how the CCLOA shall be divided among themselves, the allocation of lots shall be in accordance with Section 3.8 of this A.O. In such a case, the PARPO shall issue an Order of Lot Allocation (CARPER LAD Form No. 70-F).

CHAPTER 7Parcelization Scheme

SECTION 12. Parcelization of the CCLOAs. — The DARPO shall proceed with the process of parcelization of existing CCLOAs.

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 Order of Allocation/Lot Allocation Agreement, the DARPO shall conduct parcelization survey of the CCLOA, after which a Survey Plan shall be made 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 and other facilities, etc.) and actual occupation of ARBs not in conformity with the plan, among others, an amendment of survey plan of the LH shall be undertaken.

SECTION 15. Deed of Parcelization/Order of Parcelization. — After the approval of the Survey Plan of the subdivision of CCLOA, the following shall be observed:

15.1 DARPO shall prepare the Deed of Parcelization to be executed and signed by the ARBs, and duly acknowledged before a notary public (CARPER LAD Form No. 70-G);

15.2 In case the ARBs failed or refused to sign the Deed of Parcelization, the Order of Parcelization duly signed by the PARPO shall be the document to be presented to the ROD for cancellation of CCLOA and registration of individual CLOAs.

CHAPTER 8Generation and Registration of Individual Certificate of Land Ownership Award

SECTION 16. Generation of Individual CLOAs. — Upon receipt of the ASP from the DENR-Technical Service, the DARPO shall generate Individual CLOAs based on the Deed of Parcelization or the Order of Parcelization, as the case may be. AScHCD

SECTION 17. Registration of Individual CLOAs. — The PARPO shall then request the ROD for the cancellation of the CCLOA and registration of the generated individual CLOAs attaching thereto the ASP, the Deed of Parcelization, or the Order of Parcelization and other necessary document using CARPER LAD Form 70-J.

The cancellation of the CCLOA under these guidelines and procedures is not covered by DAR A.O. No. 2, Series of 2018, as amended.

CHAPTER 9Updating/Generation of Land Distribution Information Schedule

SECTION 18. Updating/Generation of Land Distribution Information Schedule (LDIS). —

18.1 For compensable LHs under Compulsory Acquisition (CA) and Voluntary Offer to Sell (VOS), upon receipt of the generated individual CLOA and assignment of Electronic Primary Entry Book (EPEB) Number by ROD, the DARPO shall generate LDIS in accordance with the DAR A.O. No. 4, n 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.

18.2 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.

CHAPTER 10Final 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" and all other issuances or portions thereof that are inconsistent herewith are hereby repealed. HESIcT

SECTION 21. Separability Clause. — Any judicial pronouncement declaring as unconstitutional any provision of these Rules shall have no effect on the validity of the other provisions.

SECTION 22. Effectivity Clause. — These Rules shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation.

Diliman, Quezon City, March 29, 2019. AcICHD

(SGD.) ATTY. JOHN R. CASTRICIONESSecretary

ATTACHMENTS

CARPER LAD Form No. 31

CARPER LAD Form No. 70

CARPER LAD Form No. 70-A

CARPER LAD Form No. 70-B

CARPER LAD Form No. 70-C

CARPER LAD Form No. 70-D

CARPER LAD Form No. 70-E

CARPER LAD Form No. 70-F

CARPER LAD Form No. 70-G

CARPER LAD Form No. 70-H

CARPER LAD Form No. 70-I

CARPER LAD Form No. 70-J

Certification

This is to certify that Administrative Order No. 02, Series of 2019 entitled "GUIDELINES AND PROCEDURES ON THE PARCELIZATION OF LANDHOLDINGS WITH COLLECTIVE CERTIFICATES OF LAND OWNERSHIP AWARD" was published today, 12 April 2019 in the Manila Times and Business World newspapers.

Issued this 12th day of April 2019 for whatever purpose it may serve. caITAC

(SGD.) CLEON LESTER G. CHAVEZDirector, Public Assistance and

 

Published in The Manila Times and the Business World on April 12, 2019.

n   Note from the Publisher: Written as “DAR A.O. No. 2” in the original document.