Guidelines in the Disposition of Untitled Privately-Claimed Agricultural Lands

March 26, 2014

JOINT DAR-DENR ADMINISTRATIVE ORDER NO. 03-14

 

PREFATORY STATEMENT

Republic Act (R.A.) No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided under Proclamation No. 131 and Executive Order (E.O.) No. 229, including other lands of the public domain suitable for agriculture.

E.O. No. 129-A dated July 26, 1987 empowers DAR to issue emancipation patents to farmers and farmworkers covered by agrarian reform for both private and public lands and when necessary, make administrative corrections of the same.

Untitled privately-claimed agricultural lands (UPALs) covered by the Agrarian Reform Law are acquired from landowner-claimants and distributed to landless farmers.

In the Department of Justice (DOJ) Opinion No. 100, dated 13 November 2012, it is stated that:

"xxx xxx xxx

Having settled that the limitation is now 12 hectares, Section 31, supra, of the Public Land Act is the applicable provision on the treatment of the excess area. To repeat, Section 31 provides that any excess in area over this maximum and all right, title, interest, claim or action held by any person, corporation, association, or partnership resulting directly or indirectly in such excess shall revert to the State.This interpretation is in accord with the Regalian doctrine and its concomitant assumption that all lands owned by the State, although declared alienable or disposable, remain as such and ought to be used only by the government. (Emphasis supplied)

xxx xxx xxx."

Consistent with the provisions of R.A. No. 6657, as amended by R.A. No. 9700 and the Constitutional limitation on the ownership of UPALs as clarified under DOJ Opinion No. 100, dated November 13, 2012, this Joint Administrative Order (JAO) is hereby issued. TaIHEA

SECTION 1. Legal Bases. —

1.1. Section 3 of Article XII of the 1987 Constitution states that citizens of the Philippines may lease not more than five hundred (500) hectares, or acquire not more than twelve (12) hectares thereof by purchase, homestead or grant.

1.2. Under E.O. No. 192, or the Reorganization Act of DENR, dated June 10, 1987, the DENR, exercises exclusive jurisdiction on the management and disposition of all lands of the public domain and shall continue to be the sole agency responsible for classification, sub-classification, surveying and titling of lands in consultation with appropriate agencies.

1.3. Section 44 of Chapter VII of Commonwealth Act (C.A.) No. 141, as amended, expressly provides that "Any natural born citizen of the Philippines who is not the owner of more than twelve (12) hectares and who, for at least thirty (30) years, prior to his application with the department, has continuously occupied and cultivated either by himself or through his predecessors-in-interest, a tract or tracts of public agricultural lands subject to disposition, who shall have paid the real estate tax thereon while the same has not been occupied by any person shall be entitled under the provisions of this law, to have free patent issued to him for such tract of land not to exceed twelve (12) hectares". Such provision of law provides for the basis in identifying whether a land is considered as UPAL. EAICTS

1.4. Presidential Decree (P.D.) No. 27, entitled "Decreeing the Emancipation of Tenants from the Bondage of the Soil Transferring to them the Ownership of the Land They Till and Providing the Instruments and Mechanism Therefor", empowers the DAR through its Secretary to promulgate rules and regulations for the implementation of this law.

1.5. Republic Act (R.A.) No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), mandates the equitable distribution of all public and private agricultural lands to landless farmers and farmworkers in order to provide them with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands. Further, Section 49 of Republic Act (R.A.) No. 6657, as amended provides that the Presidential Agrarian Reform Council (PARC) and the DAR shall have the power to issue rules and regulations, whether substantive or procedural, to carry out the objects and purposes of the said Act. TAScID

SECTION 2. Definition of Terms. —

For the purpose of this JAO, the following terms are defined:

2.1. Agrarian Reform Beneficiaries (ARBs) refers to qualified tenants, landless farmers/farmworkers/tillers under Presidential Decree (P.D.) No. 27 or R.A. No. 6657, as amended, and other agrarian laws.

2.2. Alienable and Disposable (A & D) lands refers to lands of the public domain which have been released and proclaimed as such by the President from the mass of unclassified public lands, or reclassified as such from other forms of classification through an Act of Congress.

2.3. Applicable Titling Limit refers to the maximum area of public agricultural (alienable and disposable) lands which can be owned by a person pursuant to the 1935, 1973 and 1987 Constitutions.

2.4. CARP-Covered Lands refers to all agricultural lands devoted to or suitable for agriculture, whether private or public, regardless of tenurial arrangement and commodity produced which are covered under the CARP pursuant to R.A. No. 6657, as amended.

2.5. Certification of Deposit (COD) refers to a document issued by the Land Bank of the Philippines (LBP) addressed to the DAR Secretary attesting that the land compensation in cash and bonds has been deposited in the name of the landowner-claimant, as basis of the Register of Deeds (ROD) before effecting the transfer of title from the LO-claimant to the Republic of the Philippines (for titled landholdings only) and the registration of Emancipation Patents/Certificates of Land Ownership Award (EPs/CLOAs) in favor of the agrarian reform beneficiaries (ARBs).

2.6. Excess Area refers to any area in excess of the applicable titling limit which shall revert to the state.

2.7. Landowner-claimant refers to a natural born Filipino citizen who has continuously occupied and cultivated a tract of agricultural public land and has complied with the other requirements set forth in Section 5.1 hereof. cAECST

2.8. Notice of Coverage (NOC) refers to a document issued by the DAR to the landowner informing that his/her landholding is subject for coverage under CARP for acquisition and distribution to qualified ARBs and to exercise certain rights within a prescribed period under existing laws and regulations.

2.9. Operation Land Transfer (OLT) refers to the mechanism established for the emancipation of the tenants from the bondage of the soil or transfer of private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as Landed Estate or not as of October 21, 1972 or the date of Order of Placement (OP) pursuant to P.D. No. 27 and E.O. No. 228.

2.10. Retention refers to the selection by the landowner-claimant of an aggregate area of not more than five (5) hectares which shall remain with him or her and cannot be acquired and distributed under CARP.

2.11. Subdivision Survey refers to survey work conducted by a licensed geodetic engineer by administration or by contract to delineate and segregate the applicable titling limit prescribed under Section 5.2 hereof; non-CARPable areas; the retention area for the landowner-claimant (if applicable);the area for distribution to the ARBs as well as the preferred beneficiaries, if there is/are any, and the area in excess of the applicable titling limit.

2.12. Untitled Privately-claimed Agricultural Land (UPAL) refers to a tract of A & D agricultural public land being claimed by a landowner-claimant by virtue of recognizable private rights pursuant to Section 5.1 hereof.

2.13. Voluntary Offer to Sell (VOS) is a mode of acquisition of land under CARP where the landholding is voluntarily offered for sale by the landowner-claimant to the government through the DAR.

SECTION 3. Objectives. —

The objectives of this Joint Administrative Order (JAO) are: ECDaAc

3.1. To define the limits of jurisdiction of DAR and DENR in the coverage of UPALs under CARP and the disposition thereof in excess of the applicable titling limit on the ownership of public lands;

3.2. To clarify the procedure in the validation and documentation of vested rights of the landowner-claimant, the subdivision survey and disposition of the areas to be retained by DAR for disposition under CARP and the excess of the applicable titling limit to be retained in DENR's jurisdiction; and

3.3. To clarify the rules and facilitate the disposition of UPALs by the DAR under the applicable titling limit.

SECTION 4. Coverage.—

This JAO shall apply to all UPALs, categorized as follows:

4.1. Lands covered under R.A. No. 6657, as amended, initially identified by the DAR in its database as potential UPALs;

4.2. OLT-distributed but not yet documented (DNYD) lands covered under P.D. No. 27 and E.O. No. 228 where the documentation is ongoing at the DAR's Municipal Agrarian Reform Office (DARMO)/Provincial Agrarian Reform Office (DARPO); and

4.3. Other lands that may later be identified jointly by the DAR and DENR as UPALs. ADCETI

SECTION 5. Statement of Policies.—

5.1. The criteria for the determination of whether or not a person has already acquired a recognizable private right over an untitled landholding shall be, as follows:

a. Continuous occupancy and cultivation by oneself or through one's predecessor's-in-interest for at least thirty (30) years;

b. Classification of the land as alienable and disposable;

c. Payment of the real estate tax thereon; and

d. Absence of any adverse claims on the land.

5.2. Generally, the maximum titling limit of twelve (12) hectares under the 1987 Constitution shall be observed in the acquisition and disposition of identified UPALs covered under the Operation Land Transfer (OLT) program and the CARP. However, the applicable titling limits as prescribed under the previous Constitutions, namely: the 1935 and 1973 Constitutions shall also be respected provided that the vested rights of the landowner-claimant over the land had accrued during the effectivity of these Constitutions. Specifically, the Constitutional provisions and their corresponding titling limits are: AcCTaD 

		Applicable
Period when the Vested Right of the		Titling Limit
Landowner-Claimant Over the Land had	Operative Law	(Area in
Accrued		Hectares)
From May 14, 1935 to January 16, 1973	Section 2, Article XIII,	24 has.
	1935 Constitution
From January 17, 1973 to February 01, 1987	Section 11, Article XIV,	24 has.
	1973 Constitution
From February 02, 1987 to Present	Section 3, Article XII,	12 has.
	1987 Constitution

SECTION 6. Procedures.—

6.1. Validation and Documentation.

6.1.1. The validation and documentation of UPALs shall consist of issuance of a Certification, as follows:

a. For untitled tenanted rice and corn lands which have been decreed as covered under OLT pursuant to P.D. No. 27 and E.O. No. 228, hence, by operation of law are deemed private lands as of October 21, 1972, the DAR shall issue a Certification that the subject landholdings are covered under P.D. No. 27 and that the farmer-tenants are deemed owners thereof using CARPER-LAD Form No. 2-A. DAR may request for documents from DENR and other agencies as may be necessary.

b. For UPALs covered under CARP pursuant to R.A. No. 6657, as amended, the DENR shall issue Certification that the landowner-claimant had acquired a vested right on the land under any of the applicable Philippine Constitutions within the aforementioned periods pursuant to Section 5.2 hereof and are thus deemed UPALs using CARPER-LAD Form 2-B. Further, it is to certify that no title has been issued by any government agency and court over the land.

6.1.2. For purposes of issuance of certification by DENR under Section 6.1.1 (b),the list of UPALs shall be submitted by the concerned DARMO to DENR-CENR Office for validation and certification pursuant to Section 6.1, hereof. caADIC

6.2. Notice of Coverage (NOC) and Acceptance Letter for Voluntary Offer to Sell (VOS).

The DAR shall issue a Notice of Coverage on all UPALs. These UPALs may fall under the following categories:

6.2.1 For UPALs without NOCs EHSTcC

The DAR shall issue a Notice of Coverage (NOC) based on the list of initially-identified UPALs from its database covering the entire area of the landowner-claimant. The NOC, using CARPER LAD Form No. 3-D, shall contain the following statements:

a. That the final area to be acquired and compensated shall be subject to validation and certification/confirmation of the DENR as provided under Section 6.1 hereof;

b. That the landowner-claimant has the right to select the exact location of the applicable titling limit and his/her retention area, if any and in case he/she opts to retain, to be taken from the said applicable titling limit, which must be compact and contiguous;

The DAR, upon receipt of DENR's Certification (CARPER-LAD Form 2-B) on UPALs with NOCs within the applicable titling limit, the PARPO shall issue the Letter Advice using CARPER LAD Form No. 3-E applying the rules on service of NOC and shall proceed with the Land Acquisition and Distribution (LAD) process.

6.2.2. For UPALs with Previously-Issued NOCs/with Acceptance Letter for VOS

Upon receipt of the certification from DENR-CENRO, the DAR-PARPO shall notify the landowner-claimant of the following information using CARPER-LAD Form No. 3-E:

a. The maximum area of the applicable titling limit based on the certification from the DENR-CENRO;

b. Advise him/her that he/she has the right to select the exact location of the applicable titling limit and, if applicable, his retention area which must be compact and contiguous, to be taken from the applicable titling limit;

c. That the failure of the landowner-claimant to choose the location of the applicable titling limit within thirty (30) days from receipt of the Letter Advice (CARPER-LAD Form No. 3-E) shall be deemed as a waiver to choose, and upon the recommendation of DAR, the DENR shall confirm the location of the area of said applicable titling limit; CADHcI

d. That his/her failure to manifest and select the retention area within thirty (30) days from receipt of such advice shall also be deemed a waiver to retain and the entire applicable titling limit shall be processed for acquisition and distribution by the DAR.

6.2.3. Lands with pending VOS applications with the DAR

The DAR shall issue a Notice of Coverage (NOC) to all lands offered under VOS without Acceptance Letter for VOS. The NOC using CARPER-LAD Form No. 3-D shall contain the following:

a. That the final area to be acquired and compensated shall be subject to validation and certification/confirmation of the DENR as provided under Section 6.1 hereof;

b. That the landowner-claimant has the right to select the exact location of the applicable titling limit and his/her retention area, if applicable and in case he/she opts to retain, to be taken from the said applicable titling limit, which must be compact and contiguous;

The DAR, upon receipt of DENR's Certification (CARPER-LAD Form 2-B) on UPALs with NOCs within the applicable titling limit, the PARPO shall issue the Letter Advice to Landowner-claimant using CARPER LAD Form No. 3-E and shall proceed with the Land Acquisition and Distribution (LAD) process. HSTaEC

6.3. Conduct of Subdivision Survey.

The DAR shall conduct the subdivision survey of the entire land, delineating and segregating the applicable titling limit from the area in excess thereof. The applicable titling limit shall include the retention area, if any, the area for distribution to the farmer beneficiaries and the preferred CARP beneficiaries, if there is/are any, and non-CARPable area such as roads, bridges, etc.

The area in excess of the applicable titling limit shall be surveyed as one (1) lot to be designated and indicated on the plan as "Public Land".

The subdivision survey shall be submitted to the DENR for approval.

SECTION 7. Disposition of Areas Covered by this JAO. —

7.1. CARP-Covered Areas.

The covered land considered as UPALs shall be acquired and distributed under the following: CDAHaE

7.1.1. CARP-covered lands shall be acquired and distributed, in accordance with DAR A.O. No. 07, Series of 2011, as amended, entitled "Revised Rules and Procedures Governing the Acquisition and Distribution of Private Agricultural Lands under Republic Act 6657, as Amended", Joint DAR-DENR MC Nos. 14, 19 and 2003-1, and other pertinent rules and regulations.

A Free Patent for the retained area of not more than five (5) hectares shall be issued by DENR to the landowner-claimant.

The landowner-claimant shall be compensated by the Land Bank of the Philippines (LBP), pursuant to P.D. No. 27/E.O. NO. 228, E.O. No. 407, and R.A. No. 6657, as amended, and in accordance with existing policies, rules, and regulations.

7.1.2. OLT-covered lands shall be documented and distributed in accordance with P.D. No. 27/E.O. No. 228, and other pertinent rules and regulations.

7.2. Areas in Excess of the Applicable Titling Limit.

Areas in excess of the applicable titling limit shall be retained under DENR's jurisdiction to be disposed in accordance with the provisions of C.A. No. 141, as amended, and other pertinent rules and regulations. The DARMO may submit other documents to DENR-CENRO such as the list of actual tillers/occupants, if any, of the excess area for reference purposes in the disposition of the land.

SECTION 8. Funds. —

All necessary and incidental expenses incurred in the conduct of all the activities herein shall be charged against the approved Maintenance and Other Operating Expenses (MOOE) of the DAR Provincial Agrarian Reform Office (DARPO) concerned, in accordance with existing accounting and auditing rules. aCcHEI

SECTION 9. Transitory Provision.—

This JAO shall not apply to UPALs already issued with Certification of Deposit (COD) prior to its effectivity, provided that the validity of any and all acts already undertaken in accordance with prior rules and procedures on land acquisition and distribution of private agricultural lands shall still be governed by the rules and procedures governing at the time of the said acts were undertaken.

SECTION 10. Repealing Clause.—

All issuances that are inconsistent herewith are hereby repealed or modified accordingly.

SECTION 11. Separability Clause.—

In the event any of the provisions of this JAO is declared unconstitutional, the validity of the other provisions shall not be affected by said declaration.

SECTION 12. Effectivity. —

This Joint Administrative Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation.

Diliman, Quezon City, March 26, 2014.

(SGD.) VIRGILIO R. DE LOS REYESSecretary

(SGD.) RAMON JESUS P. PAJESecretary

ATTACHMENT

Certification

This is to certify that Joint DAR-DENR Administrative Order No. 3, Series of 2014 entitled "GUIDELINES IN THE DISPOSITION OF UNTITLED PRIVATELY-CLAIMED AGRICULTURAL LANDS" was published last Friday, 28 March 2014 at Business World and the Daily Tribune newspapers. HaTISE

Issued this 1st day of April 2014 for whatever purpose it may serve.

(SGD.) ERLINDA M. MANLUCTAO

LIST OF FORMS

	Subject	Form Nos.
1.	Certification Re: UPALs Covered under Operation	2-A
	Land Transfer (OLT)
2.	DENR Certification on UPALs	2-B
3.	Letter Advice to Landowner-Claimant of UPALs	3-E
	with Previously Issued Notice of Coverage
	(NOC)/with Acceptance Letter for Voluntarily
	Offered for Sale (VOS) UPALs
4.	Notice of Coverage for UPALs	3-D

CARPER-LAD FORM No. 2-A

Department of Agrarian ReformRegion No. ______

CERTIFICATION

Re: UPALs Covered under Operation Land Transfer (OLT)

In accordance with Republic Act (R.A.) No. 3844, Presidential Decree (P.D.) No. 27, Executive Order No. (E.O.) No. 228, Department of Agrarian Reform-Department of Environment and Natural Resources (DAR-DENR) Joint Administrative Order (JAO) No. ____, Series of 2014 entitled, "Revised Guidelines in the Disposition of Untitled Privately-claimed Agricultural Land" and existing rules and regulations, the UPAL particularly described as follows: CIDcHA 

Name of owner-claimant:	_______________________________
Tax Declaration Number:	_______________________________
Lot No. and Survey Plan No.:	_______________________________
Total Area (Hectares):	_______________________________

 

is/are deemed private property as of October 21, 1972 in contemplation of the provision of P.D. No. 27, paragraphs 5 and 6, thereof which expressly provides, "The tenant-farmers of private agricultural lands primarily devoted to rice and corn under a system of share-crop or lease-tenancy, whether classified as landed estate or not. The tenant-farmer whether the land is classified as landed estate or not shall be deemed owner of a portion constituting a family-sized farm. ..." (Emphasis supplied)

It is certified that the above landholding is:

• Alienable and Disposable (A & D);

• Tenanted agricultural land devoted to rice and corn production;

• covered under P.D. No. 27/E.O. No. 228; and

• The tenant-farmers are deemed owners thereof.

based on records gathered from concerned agencies, to wit:

1. Certification from the Assessor's Office concerned showing the Tax Declaration Issued, the declarant's area covered and the basis for the issuances and the cancellation thereof pertaining to the property/ies from the first declaration up to the Tax Declaration issued in the name of the claimant, as well as any existing liens and encumbrances on the present and previous Tax Declaration;

2. Land Registration Authority (LRA) Certification that the property is not within any decreed or titled property;

3. Certification of the DENR-CENRO/PENRO that the land is within an area classified as Alienable and Disposable on or before October 21, 1972;

4. Approved Survey Plan (ASP).If original ASP is not available, Sketch Plan and Technical Description duly certified by a Geodetic Engineer, if any; and

5. Instruments of acquisition covering the subject property, such as Deeds of Sale, Donation, Transfer, etc. in favour of the claimant and of his predecessor/s-in-interest. caTIDE

Issued this ______ day of ___________, 20__ at _____________________.

 _______________________________________ Municipal Agrarian Reform Program Officer or Provincial Agrarian Reform Program Officer (Signature over Printed Name)

CARPER-LAD Form No. 2-B

Department of Environment and Natural ResourcesRegional Office No. ________

CERTIFICATION

This is to certify that based on records of this Office and in accordance with provisions of Joint DAR-DENR Administrative Order No. 03, Series of 2014, the following tract/s of land is/are Untitled Privately-claimed Agricultural Lands (UPALs): cCAIDS

Name of	Location	Lot/	Tax	Area Occupied	Applicable
Claimant/s	of Landholding	Survey No.	Declaration	(Has.)	Titling Limit
			No.		Has.)
___________	____________	_________	___________	___________	___________
___________	____________	_________	___________	___________	___________
___________	____________	_________	___________	___________	___________
___________	____________	_________	___________	___________	___________
___________	____________	_________	___________	___________	___________
___________	____________	_________	___________	___________	___________

 

and, the above-mentioned claimant/s met the following criteria and acquired a recognizable private right over the untitled landholdings, to wit:

a. Continuous occupancy and cultivation by oneself or through one's predecessor's-in-interest for at least thirty (30) years;

b. The land is classified as alienable and disposable;

c. Payment of the real estate tax thereon; and

d. Absence of any adverse claims on the land.

Further, it is to certify that no title has been issued by any government agency and court over the land.

This Certification is issued upon request of the Department of Agrarian Reform (DAR) for purposes of validating the UPALs.

Issued this ______ day of _____________, 20____.

 _____________________________________________ Community Environment and Natural Resources Officer (Signature over Printed Name)

CARPER LAD Form No. 3-D

Department of Agrarian ReformRegion _____

NOTICE OF COVERAGE FOR UPALs

______________

_________________________

________________________

Dear Sir/Madam:

Pursuant to Section 7 of Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, Section 3 of Article XII of the 1978 Philippine Constitution (ratified on February 02, 1987), Commonwealth Act (C.A.) No. 141 of 1936, Presidential Decree (P.D.) No. 6940 as amended by R.A. No. 9176, and existing rules and regulations, the Department of Agrarian Reform (DAR), hereby subjects under the coverage of the Comprehensive Agrarian Reform Program (CARP) your Untitled Privately-claimed Agricultural Lands (UPALs), with the following descriptions: DTAIaH

Tax Declaration (TD) No./s: ___________________________________________

Lot No./s: _________________________________________________________

Approved Survey No./s: ______________________________________________

Area (hectares):_____________________________________________________

LAD Phasing: _______________________________________________________

Aggregate Area Covered per TD: ________________________________________

Location of Property/ies (Barangay, Municipality):__________________________

___________________________________________________________________

in consonance with the provisions of Section 1, Article XIII of 1935 Constitution and Section 11 of the Public Land Act No. 141; Section 11, Article XIV of the 1973 Philippine Constitution; Section 3, Article XII of the 1987 Philippine Constitution and DOJ Opinion No. 100, dated 13 November 2012.

The above-mentioned UPALs shall be subjected to the verification and certification/confirmation of the DENR on the applicable titling limit (12 hectares or 24 hectares) as contemplated in Section 5.2 of DAR-DENR JAO No. ____, Series of 2014. The area in excess of the applicable titling limit shall be reverted to the State, through the Department of Environment and Natural Resources (DENR).

Further, be informed that:

a. The exact area to be acquired and compensated shall be subject to the validation and certification/confirmation of the DENR as provided under Section 5.1 of DAR-DENR JAO No. ____, Series of 2014;

b. As landowner-claimant you have the privilege to select the exact location of the applicable titling limit and your retention area, should you opt to retain, to be taken from the applicable titling limit, which must be compact and contiguous; and HADTEC

c. You will be informed subsequently through a Letter-Advice of the exact area of your applicable titling limit upon receipt by the DAR Provincial Office (DARPO) of the Certification from DENR.

Within thirty (30) calendar days from receipt of this Notice of Coverage (NOC) or Acceptance Letter for Voluntary Offer for Sale (VOS) for UPALs, you may coordinate/get in touch with or contact the Department of Agrarian Reform-Municipal Agrarian Reform Office (DARMO)/Department of Agrarian Reform-Provincial Agrarian Reform Office (DARPO) of ________________________________, for any clarification.

Very truly yours,

___________________________________

(Receipt to be accomplished by Addressee/Authorized Representative. Please do not detach)

Date Served: ___________

(check appropriate box)

[ ] Personal Service

[ ] Substituted Service Relationship to addressee: __________

Received by: Witnessed by:

Received by:	Witnessed by:
__________________________	_________________________
(Signature over Printed Name)	(Signature over Printed Name)
Addressee/Authorized Representative

 

[ ] Refusal to Receive

NOC Server:	________________________
	(Signature Over Printed Name)

 

CARPER-LAD Form No. 3-E

LETTER ADVICE TO LANDOWNER-CLAIMANT OF UPALs

______________

______________________________

______________________

Dear Sir/Madam:

In accordance with Section 7 of Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700; Section 3 of Article XII of the 1987 Philippine Constitution (ratified on February 02, 1987), Commonwealth Act (CA) No. 141 of 1936, Joint DAR-DENR Administrative Order No. ____, Series of 2014, and pertinent existing guidelines, please be informed that the herein attached DENR Certification, dated ________, and signed by _______________, shows that the subject land under CARP coverage is Untitled Privately-claimed Agricultural Land (UPALs) in which you have acquired vested right on the area containing an area of __________ hectares, more or less, as the applicable titling limit prescribed under the following laws: IcEaST

[ ] Section 1, Article XIII of 1935 Constitution and Section 11 of the Public Land Act No. 141

[ ] Section 11, Article XIV of the 1973 Philippine Constitution

[ ] Section 3, Article XII of the 1987 Philippine Constitution

In view of the foregoing, the Department of Agrarian Reform (DAR) shall cover/process and distribute the said area certified as UPALs and the applicable titling limit indicated. The area in excess of the applicable titling limit shall be retained under the jurisdiction of the Department of Environment and Natural Resources (DENR).

Whenever applicable, within thirty (30) days from receipt of this Letter Advice, you have the right to:

1) Select the exact location of your area of titling limit which must be compact and contiguous. Failure to choose the location of the applicable titling limit within the above prescribed period shall be deemed as a waiver to choose, and the DENR shall thereupon select the area of said applicable titling limit upon the recommendation of DAR; 

2) Retain an aggregate area subject to existing pertinent guidelines. The retention area, which must be compact and contiguous shall be taken from your selected area of applicable titling limit. Failure to select the retention area within the above prescribe period shall be deemed a waiver to retain and the DAR shall cover the entire area; HAEIac

3) Nominate your child/children who may qualify as preferred beneficiary/ies and each may also be entitled to a maximum of three (3) hectares within the selected area of titling limit;

You can visit the DAR Municipal Office (DARMO) at ____________ in order to exercise the aforementioned rights.

Very truly yours,

___________________________________________

Published in Business World and The Daily Tribune on March 28, 2014.