Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands Under Republic Act (R.A.) No. 6657, as Amended by R.A. No. 9700
DAR Administrative Order No. 02-09 outlines the rules and procedures for the acquisition and distribution of agricultural lands under the Comprehensive Agrarian Reform Program (CARP), as amended by Republic Act No. 9700. It emphasizes the state's responsibility to ensure landless farmers and regular farmworkers receive land ownership, with specific modes of acquisition limited to voluntary offers and compulsory acquisition after June 30, 2009. The order also establishes timelines for land acquisition and distribution, sets forth guidelines for valuing land, and details the identification and selection process for agrarian reform beneficiaries (ARBs). Overall, the aim is to facilitate equitable access to agricultural land and promote agrarian justice while considering ecological and developmental factors.
October 15, 2009
DAR ADMINISTRATIVE ORDER NO. 02-09
| SUBJECT | : | Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands Under Republic Act (R.A.) No. 6657, as Amended by R.A. No. 9700 |
I. Prefatory Statement
Republic Act (R.A.) No. 9700, which amends R.A. No. 6657, provides for, among others, the continuing acquisition and distribution of agricultural lands covered under the Comprehensive Agrarian Reform Program (CARP) for a period of five (5) years under various phases, and the simultaneous provision of support services and the delivery of agrarian justice to Agrarian Reform Beneficiaries (ARBs). It further provides that after June 30, 2009, the modes of acquisition shall be limited to voluntary offer to sell (VOS) and compulsory acquisition (CA) and that voluntary land transfer (VLT) shall be allowed only for landholdings submitted for VLT as of June 30, 2009.
The agrarian reform program is founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to the priorities and retention limits set forth under R.A. No. 6657, as amended, taking into account ecological, developmental, and equity considerations, and subject to the payment of just compensation. Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive.
The principles of agrarian reform or stewardship shall be in accordance with law in the disposition or utilization of other natural resources, including lands of the public domain, under lease or concession, suitable to agriculture, subject to prior rights, homestead rights of small settlers and the rights of indigenous communities to their ancestral lands.
To ensure the completion of land acquisition and distribution within the prescribed period, the following rules and procedures are hereby promulgated.
II. Coverage
These rules and regulations shall govern the acquisition and distribution of all agricultural lands yet to be acquired and/or to be distributed under the CARP in accordance with R.A. No. 6657, as amended by R.A. No. 9700. TCDcSE
III. Definition of Terms
1. Landless Beneficiary is any farmer/tiller who owns less than three (3) hectares of agricultural land.
2. Share Tenant refers to a person who himself and with the aid available from within his immediate farm household, cultivates the land belonging to or possessed by another with the latter's consent, for purposes of production, sharing the produce with the landholder under the share tenancy system, or paying the landholder a price certain or ascertainable in produce or in money or both, under the leasehold tenancy system. This arrangement has been abolished by R.A. No. 3844, as amended, which automatically converted the relations under leasehold.
3. Agricultural lessee refers to a person who, by himself and with the aid available from within his immediate farm household, cultivates the land, belonging to or lawfully possessed by another, with the latter's consent for purposes of agricultural production, for a price certain in money or in produce or both. It is distinguished from civil lessee as understood in the Civil Code of the Philippines.
4. Farmworker refers to a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his/her compensation is paid on a daily, weekly, monthly or "pakyaw" basis. The term includes an individual whose work has ceased as a consequence of, or in connection with, a pending agrarian or labor dispute and who has not obtained a substantially equivalent and regular farm employment.
5. Regular Farmworker refers to a natural person who is considered employed on a permanent basis by a landowner engaged in an agricultural enterprise or farm.
6. Seasonal farmworker refers to a natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as "dumaan", "sacada", and the like.
7. Other farmworkers refer to farmworkers who do not fall under Items 5 and 6 of this Section.
8. Cooperatives refer to organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operate on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person.
9. Substantially Equivalent and Regular Employment means any employment or profession from which the applicant farmer derives income equivalent to the income of a regular farmworker at the time of ARB identification, screening and selection. IcAaSD
10. Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship, or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations, or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms and conditions of such tenurial arrangements.
It includes any controversy relating to compensation of lands acquired under R.A. No. 6657 and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other ARBs, whether the disputants stand in proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.
11. Usufruct refers to a real right conferred on the beneficiary/usufructuary to enjoy the fruits of the property of another with the obligation of preserving its form, substance, and productivity.
12. Direct Management in so far as preferred beneficiaries are concerned, refers to the cultivation of the land through personal supervision under the system of labor administration. It shall be interpreted along the lines of farm management as an actual major activity being performed by the landowner's child from which he/she derives his/her primary source of income.
13. Newspaper of General Circulation refers to newspaper or publication of general circulation, which may be national or local to where the property is located.
14. Award is the conferment of Certificate of Land Ownership Award (CLOA) title to qualified agrarian reform beneficiaries.
IV. Statement of Policies
A. Notice of Coverage
1. The acquisition and distribution of agricultural lands under CARP shall be completed by June 30, 2014. However, the process of acquisition and distribution for landholdings which were issued with Notices of Coverage (NOCs) on or before June 30, 2014 shall continue even after June 30, 2014 until the said lands have been awarded to qualified beneficiaries.
2. The schedule of the acquisition and distribution of lands covered by CARP shall be as follows:
2.1 All landholdings of landowners owning more than twenty four (24) hectares which have been issued Notices of Coverage (NOCs) as of December 10, 2008, shall be subject to immediate acquisition and distribution under compulsory acquisition and shall be completed by June 30, 2012. The landholdings of landowners owning more than fifty (50) hectares shall be prioritized for coverage within this same period. HcDATC
2.2 All private agricultural lands voluntarily offered before July 1, 2009 by the landowner for agrarian reform shall be subject to immediate acquisition and distribution under voluntary offer to sell (VOS) and shall be completed by June 30, 2012.
2.3 Lands under voluntary land transfer (VLT) received by DAR before July 1, 2009 shall be subject to immediate acquisition and distribution and shall be completed by June 30, 2012.
2.4 The following types of lands shall likewise be subject of immediate acquisition and distribution under CARP and shall be completed by June 30, 2012:
a. Rice and corn lands under Presidential Decree (P.D.) No. 27;
b. All idle and abandoned lands;
c. All lands foreclosed by government financial institutions;
d. All lands acquired by the Presidential Commission on Good Government (PCGG); and
e. All other lands owned by the government.
2.5 All landholdings of landowners owning more than 24 hectares but have not been issued with NOC as of December 10, 2008 shall be subject to land acquisition and distribution (LAD) by July 1, 2012 and completed by June 30, 2013.
2.6 All landholdings of landowners owning more than 10 hectares up to 24 hectares, in so far as the excess hectarage above 10 hectares is concerned, shall be covered under land acquisition and distribution starting July 1, 2012 and be completed by June 30, 2013.
2.7 All landholdings of landowners owning more than five (5) hectares up to 10 hectares shall be covered under land acquisition and distribution starting July 1, 2013 and be completed by June 30, 2014. Notwithstanding this schedule, coverage of landholdings more than five (5) hectares up to 10 hectares may commence when the LAD balance of the concerned province, reckoned as of January 1, 2009, is already 90 percent complete, as certified to by the Provincial Agrarian Reform Coordinating Committee (PARCCOM) under existing guidelines of the Presidential Agrarian Reform Council (PARC). EcTaSC
3. For provinces declared by the Presidential Agrarian Reform Council (PARC) as priority land reform areas, the acquisition and distribution of private agricultural lands therein under advanced phases may be implemented ahead of the above schedules on the condition that prior phases in these provinces have been completed pursuant to the PARC implementing rules and regulations on the matter.
4. The Notice of Coverage (NOC) shall be issued to landowners not later than 90 days prior to the scheduled date of acquisition and distribution of their landholding except for landowners owning more than five (5) up to ten (10) hectares, in which case, the NOCs shall be issued on or after July 1, 2013.
5. In the case of lands for which NOCs have already been issued, the DAR Provincial Office (DARPO) shall send a memorandum to the Municipal Agrarian Reform Officer (MARO), copy furnished the LO, directing him/her to proceed with the process of land acquisition and distribution of the landholdings under the CARP, either immediately or on the specific schedule provided under Item IV (A) (2) of this Order.
6. For lands already in the Inventory of CARP Scope (ICS), the DARPO shall transmit to the DAR Municipal Office (DARMO) on or before October 30, 2009 the list of LAD balances and the schedule of coverage of each landholding therein, based on the prioritized phasing under Section 5 of R.A. No. 9700.
In the case of other landholdings still unacquired and undistributed but coverable under CARP, the DARMO shall submit the list of such lands to the DARPO which shall prepare and issue NOCs and transmit these to the DARMO for service to the landowners (LOs) based on specific schedules under Item IV (A) (2) of this Order.
7. Landholdings subject of expropriation or acquisition by the Local Government Units (LGUs) or any portions thereof not actually, directly and exclusively used for non-agricultural purposes are subject to CARP coverage if one or more of the following conditions apply:
7.1 There is agricultural activity;
7.2 The land is suitable for agriculture; or
7.3 The land is presently occupied and tilled by farmer/s.
8. Excluded from coverage are lands actually, directly and exclusively used and found to be necessary for the following purposes:
8.1 Parks;
8.2 Wildlife;
8.3 Forest reserves; AHDaET
8.4 Reforestation;
8.5 Fish sanctuaries and breeding grounds;
8.6 Watersheds;
8.7 Mangroves;
8.8 National defense;
8.9 School sites and campuses including experimental farm stations operated by public or private schools for educational purposes;
8.10 Seeds and seedlings research and pilot production centers;
8.11 Church sites and Islamic centers appurtenant thereto;
8.12 Communal burial grounds and cemeteries;
8.13 Penal colonies and penal farms actually worked by the inmates;
8.14 Government and private research and quarantine centers;
Also excluded from coverage are:
8.15 All undeveloped lands with eighteen percent (18%) slope and over;
8.16. All lands actually, directly and exclusively used for commercial, industrial or residential purposes and classified as such before June 15, 1988;
8.17. Fish ponds and prawn farms;
8.18. All lands actually, directly and exclusively used for livestock raising;
8.19. Ancestral lands and domain; and
8.20. Retention areas granted to landowners.
The MARO, together with a representative of the DARPO, shall conduct an inventory and ocular inspection of all agricultural lands within their area which are used for the above purposes. A report on the inventoried and inspected lands shall be submitted by the MARO and the DARPO representative to the Provincial Agrarian Reform Officer (PARO) indicating the following:
• Name of landowner;
• Location of property and area;
• OCT/TCT or Tax Declaration Number;
• Actual land use; TIaCHA
• Existence of agricultural activity;
• Land Classification documents available; and
• Other information vital to the determination of coverage of the land or portions thereof under CARP.
9. Any act of the landowner to change or convert his/her agricultural land to non-agricultural uses shall not affect the coverage of the landholding. Any diversification or change in the agricultural use of the landholding, or shift from crop production to non-agricultural uses and purposes shall be subject to the guidelines on land use conversion.
10. Land subject to a conversion order but not developed within the five-year period starting from the issuance of the conversion order or the specific time frame stipulated therein, or if there is a violation of other conditions so provided, shall be reverted to agricultural use and Notice of Coverage thereon shall be issued by the PARO. An ocular inspection shall be conducted by the PARO on all lands covered by conversion orders and shall submit a factual finding on land development or violations of conditions on the conversion orders if any, to the Regional Director, copy furnished the Center for Land Use Policy, Planning and Implementation (CLUPPI), for appropriate action pursuant to the existing implementing rules and regulations (IRR) on land use conversion. CcAITa
11. As a general rule, the Notice of Coverage (NOC) shall be addressed to and received by the LO through the following modes of service:
11.1 Personal Service — This is made by handing a copy of the NOC to the LO in person and having him receive it by affixing his signature or thumbmark with a witness to the thumbmark who will set his signature in the receiving copy.
11.2 Substituted Service — If personal service of the NOC cannot be served directly to the LO within a reasonable time, service may be made by leaving copies of the NOC and having this duly received at the LO's:
a. residence with some person of suitable age and discretion residing therein; or
b. office or regular place of business with some competent person in charge thereof.
11.3 Service by Registered Mail — If personal or substituted service is not practicable, the Notice of Coverage shall be sent by registered mail to the last known address of the LO. The registered mail envelope shall be marked "Deliver to Addressee Only" and "Return to Sender" based on the possibilities that the LO has moved out, address is erroneous or insufficient, or the LO refuses to accept or receive the mailed NOC.
11.4 Service by Publication — The mode of service by publication shall apply if the LO is outside the Philippines, or whereabouts is unknown, or LO refused to receive the NOC. If any of the three (3) modes of service {Items IV (A) (11.1 to 11.3) of this Order} fails, the NOC will be published in a newspaper of general circulation in such places. Service by publication shall be evidenced by the affidavit of the editor-in-chief, or circulation/advertising manager attesting to the fact of said publication and a copy of the said publication. A "Return to Sender" stamped on the mailing envelope for registered mail will serve as proof that the NOC was not received by the LO. The publication need not state the entire contents of the NOC but only the following essential particulars:
11.4.1 Coverage of the subject landholding under CARP on the specific land acquisition schedule based on the prioritized phasing under Section 5 of R.A. No. 9700;
11.4.2 Original Certificate of Title (OCT)/Transfer Certificate of Title (TCT)/Latest Tax Declaration No/s.;
11.4.3 Complete name/s of the LO/s and last known address, if available; HTCIcE
11.4.4 Address or location of the subject landholding (barangay, city/municipality, province); and
11.4.5 A statement that the LO has thirty (30) calendar days from date of NOC publication to reply to the NOC, and that failure to do so shall be a waiver of the right to choose his retention area, the privilege to nominate child/children who may qualify as preferred beneficiaries and to apply for exemption/exclusion from CARP coverage.
12. The other modes of service/delivery/receipt of the NOC shall be as follows:
12.1 Service upon co-owners — In case of co-ownership, the NOC shall be served upon each and every co-owner, unless one is specifically authorized to receive for the co-owners.
12.2 Service upon minors or incompetents — When the LO is a minor, insane or otherwise incompetent, service shall be made upon him/her personally and to his/her legal guardian if he/she has one, or if none, upon his/her guardian ad litem whose appointment shall be applied for by the Department of Agrarian Reform (DAR). In the case of a minor, service may also be made on his/her father and/or mother.
12.3 Service upon entity without juridical personality — When the LOs who are persons associated through an entity without juridical personality are issued a NOC under the name by which they are generally or commonly known, service may be effected upon all the LOs by serving upon any one of them, or upon the person in charge of the office or place of business maintained in such name. Such service shall not individually bind any person whose connection with the entity has, upon due notice, been severed before the proceeding was brought.
12.4 Service upon domestic private juridical entity — When the LO is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, in-house counsel or administrator.
13. Within thirty (30) calendar days from receipt of NOC or from its date of publication, the LO has:
13.1 The right to choose a retention area not exceeding five (5) hectares pursuant to Section 6 of R.A. No. 6657, as amended; and
13.2 The privilege to nominate child/ren who may qualify as preferred beneficiary/ies. SaETCI
The landowner is likewise given the same thirty (30)-day prescribed period from receipt or date of publication of NOC, whichever is applicable, within which to protest coverage. Upon receipt of the protest of coverage by DAR, the LO is given another thirty (30) days to substantiate his/her protest and/or application for exemption or exclusion from CARP coverage. Failure to comply within the aforementioned 30-day reglementary periods shall be construed as a waiver or abandonment of the right to protest and/or to file for an application for exemption or exclusion from CARP coverage.
14. Notwithstanding a protest of coverage or an application for exemption or exclusion by a landowner, the processing of the claim folder, including valuation and the issuance of Certification of Deposit (COD) by the Land Bank of the Philippines (LBP) and the transfer of title to the Republic of the Philippines, shall continue unless the Regional Director or the DAR Secretary, as the case may be, suspends the processing based on preliminary findings on grounds for exemption or exclusion or the Supreme Court issues a Temporary Restraining Order (TRO) on the processing of the claim folder.
B. Retention
1. All landholdings five (5) hectares and below shall not be subject to CARP coverage except for landholdings submitted for voluntary offer to sell (VOS) before July 1, 2009 wherein the retention right has been waived. The PAROs shall issue Certification of Retention to landowners who have already availed of the same and cover all areas in excess thereof.
2. For VOS lands submitted prior to July 1, 2009 where the master list of ARBs has been finalized, the retention areas of landowners covered under said VOS shall be processed under the existing guidelines of R.A. No. 6657, as amended, before July 1, 2009.
3. Landowners who own lands five (5) hectares or less may file a request for the issuance of Certification of Retention.
4. Landholdings covered by homestead grants and Free Patents issued pursuant to Commonwealth Act (C.A.) No. 141 still owned by the original grantees or their direct compulsory heirs shall be retained by them as long as they were cultivating the said landholdings at the time of the approval of R.A. No. 9700 and continue to cultivate the same.
5. Heirs of deceased landowners who died after June 15, 1988 and whose lands are covered under CARP are only entitled to the five (5) hectare retention area of the deceased landowner.
6. For landholdings under compulsory acquisition (CA), the landowner shall choose his retained area within thirty (30) days from receipt of Notice of Coverage (NOC) or date of publication of NOC. TEaADS
Failure to exercise the right to choose within the prescribed period shall constitute a waiver thereof. In which case the DAR, through the MARO, shall automatically choose for the landowner his/her retention area.
For landholdings under voluntary offer to sell (VOS), the landowner shall exercise his right of retention simultaneously at the time of the offer for sale of the subject landholding.
7. When landowners waive their right of choice, the following factors shall be considered in choosing their retention area:
7.1 commodity produced;
7.2 terrain;
7.3 infrastructure available; and
7.4 soil fertility.
8. For marriages covered by the New Civil Code, in the absence of an agreement for the judicial separation of property, spouses whose agricultural land properties are all conjugal may retain a total of not more than five (5) hectares of such properties. However, if either or both of them are landowners in their respective rights (capital and/or paraphernal), they may each retain not more than five (5) hectares of their respective landholdings. In no case shall the total retention of such couple exceed ten (10) hectares.
9. For marriages covered by the Family Code, which took effect on August 03, 1988, a husband owning capital property and/or a wife owning paraphernal property may retain not more than five (5) hectares each, provided they executed a judicial separation of properties prior to entering into such marriage. In the absence of such an agreement, all properties (capital, paraphernal and conjugal) shall be considered to be held in absolute community, i.e., the ownership relationship is one, and, therefore, only a total of five (5) hectares may be retained by each couple.
10. The DAR shall notify the LO, through personal service with proof of receipt or by registered mail with return card, the portion selected as his/her retention area if the LO fails to exercise such right within the prescribed period.
11. In case a tenant chooses to remain in the LO's retained area, he/she shall be a leaseholder in the said land and shall not qualify to be a beneficiary under CARP. Conversely, if the tenant chooses to be a beneficiary in another agricultural land, he/she cannot be a leaseholder in the land retained by the LO. The tenant must exercise this option within a period of one (1) year from the time the LO manifests his/her choice of the area for retention.
12. Tenants/lessees in the retained areas who do not wish to become leaseholders in the retained lands shall be given preference in other landholdings whether or not these lands belong to the same landowner, without prejudice to the farmers who are already in place and subject to the priorities under Section 22 of R.A. No. 6657, as amended. IcESDA
13. In all cases, the security of tenure of the farmers or farmworkers on the LO's retained land prior to the approval of R.A. No. 6657, as amended, shall be respected. Further, actual tenant-farmers in the landholdings shall not be ejected or removed therefrom.
14. Land transactions executed prior to R.A. No. 6657, as amended, shall be valid only when registered with the Registry of Deeds within a period of three (3) months after June 15, 1988 in accordance with Section 6 of R.A. No. 6657, as amended.
Where the transfer/sale of a landholding involves a total of five (5) hectares and below and such landholding is the retention area of the transferor or subject of retention by the transferor, and the transferee will not own an aggregate of more than five (5) hectares as a result of the sale, the transfer is legal and proper. However, a DAR clearance is needed for the purpose of monitoring and as requisite for the registration of the title in the name of the transferee with the Registry of Deeds (ROD).
In the case of multiple or a series of transfers/sales, only the first five (5) hectares sold/conveyed and the corresponding titles issued by the ROD in the name of the transferee shall be considered valid and be treated as the transferor's retained area, but in no case shall the transferee exceed the five (5)-hectare landholding ceiling pursuant to Sections 6, 70 and 73 (a) of R.A. No. 6657, as amended. In so far as the excess area beyond five (5) hectares sold and conveyed is concerned, the same shall be covered under CARP, regardless of whoever is the current title-holder to the land, considering that the transferor has no right of disposition of these lands since CARP coverage of these lands is mandated by law as of June 15, 1988. Any landholding still registered in the name of the landowner after earlier dispositions up to an aggregate of five (5) hectares are no longer part of his retention area and therefore shall be covered under CARP.
15. CARP covered agricultural lands which are to be expropriated or acquired by the local government units (LGUs) and to be used for actual, direct and exclusive public purposes, such as roads and bridges, public markets, school sites, resettlement sites, local government facilities, public parks and barangay plazas or squares, consistent with the approved local government land use plan, shall not be subject to the five-hectare retention limit. However, prior to the expropriation/acquisition by the LGU, the subject land shall first undergo the land acquisition and distribution process of the CARP, and the ARBs therein shall be paid just compensation without prejudice to their qualifying as ARBs in other landholdings under the CARP.
16. The title of the land awarded under the agrarian reform program must indicate that it is an Emancipation Patent (EP) or Certificate of Land Ownership Award (CLOA) and any subsequent transfer of title must also indicate that it is an EP or a CLOA.
17. Pursuant to Section 4 of R.A. No. 9700, an LGU may, through its Chief Executive and/or an ordinance, exercise the power of eminent domain on agricultural lands for public use, purpose, or welfare of the poor and the landless, upon payment of just compensation to agrarian reform beneficiaries (ARBs) on these lands, pursuant to the provisions of the Constitution and pertinent laws. The power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the ARBs, and such offer was not accepted. In cases where the land sought to be acquired has been issued with a Notice of Coverage or is already subject to voluntary offer to sell (with letter-offer submitted to DAR) the concerned LGU shall suspend the exercise of its power of eminent domain until after the LAD process has been completed and the title to the property has been transferred to the ARBs. cDACST
Where agricultural lands have been subjected to expropriation, the ARBs therein shall be paid just compensation. For this purpose, lands "subjected to expropriation" includes all agricultural lands which have been reviewed and approved by the DAR to be actually, directly and exclusively used by the LGU for public purpose with a case for expropriation already filed by the LGU before a judicial court. ARBs are those who have been certified by the Barangay Agrarian Reform Council (BARC) and DAR as beneficiaries of the subject landholdings.
18. The expropriation/conversion of agricultural lands shall be subject to the existing guidelines of DAR on land conversion. Irrigable and irrigated lands where (1) there is agricultural activity, (2) land is suitable for agriculture, or (3) the land is presently occupied and tilled by farmers shall not be subject of expropriation by the LGUs.
C. Land Acquisition
1. Pursuant to Section 3 of R.A. No. 9700, the landholdings of LOs owning a total of five (5) hectares or less shall not be subject of acquisition and distribution under CARP.
2. Landholdings above five (5) hectares which were offered under voluntary land transfer (VLT) and not approved by the DAR shall be covered under compulsory acquisition (CA).
All VLT applications submitted to DAR after June 30, 2009 shall no longer be processed.
3. Landowners (LOs) may voluntarily offer their private agricultural lands for coverage under R.A. No. 6657, as amended or under R.A. No. 9700. Upon its acceptance by the DAR, the Letter-Offer for coverage under Voluntary Offer to Sell (VOS) can no longer be withdrawn. In any case, the DAR can immediately subject such landholding to coverage under compulsory acquisition and distribution under CARP notwithstanding the schedule of prioritized phasing under R.A. No. 9700.
The acceptance letter for VOS shall stipulate that upon offer under VOS, the schedule of coverage under R.A. No. 9700 is deemed waived.
Landowners who received NOCs for their landholdings under Compulsory Acquisition (CA) may be allowed to shift to Voluntary Offer to Sell (VOS), provided, that the claim folder (CF) for the subject landholding has not yet been received by the Claims Processing, Valuation and Payment Division (CPVPD) of the Land Bank of the Philippines (LBP) for valuation.
4. Landowners who have voluntarily offered their landholdings for coverage under CARP and those who have previously waived their rights to retain are disqualified from becoming ARBs of other landholding/s being covered or to be covered under CARP. The LO's voluntary offer or his previous waiver is construed to be his inability and/or unwillingness to cultivate the land and make it productive. EcIDaA
Likewise, children of the same landowners who were not nominated as preferred beneficiaries are disqualified from becoming an ARB in another landholding following the qualification criteria pursuant to Section 22 of R.A. No. 6657, as amended.
5. For tenanted lands or lands under leasehold, the Agrarian Reform Beneficiary/ies (ARB/s) shall continue to pay their lease rentals as tenants/lessees based on their leasehold contracts until such time that the LBP issues a Certification of Deposit (COD).
6. As a general rule, untitled public alienable and disposable (A & D) lands are within the jurisdiction of the Department of Environment and Natural Resources (DENR) pursuant to Commonwealth Act (C.A.) No. 141 (Public Land Act). However, subject lands are deemed "private" and for coverage by the DAR, if all the requisites specified in R.A. No. 6940, as amended by R.A. No. 9176 for the determination whether or not private rights over a landholding have already been acquired based on the following:
a. Continuous occupancy and cultivation by oneself or through one's predecessors-in-interest for at least thirty (30) years prior to the effectivity of R.A. No. 9176 on December 4, 2002 (i.e., December 1972);
b. The land must have been classified as alienable and disposable for at least thirty (30) years prior to the effectivity of R.A. No. 9176;
c. One must have paid the real estate tax thereon; and
d. There are no adverse claims on the land.
In cases where the DAR and DENR have jointly identified specific untitled properties that may be covered under the LAD component of CARP, the DENR-Community Environment and Natural Resources Office (CENRO)/Provincial Environment and Natural Resources Office (PENRO) or Regional Technical Director (RTD) — Land Management Service (LMS) shall issuethe certification that the subject tract of land is within an area classified as alienable and disposable.
7. The current list of all lands covered by NOCs and all remaining unacquired and undistributed landholdings covered under CARP that are in the process of acquisition and distribution or will be acquired based on the schedule of priorities under Section 5 of R.A. No. 9700 shall be submitted by the DARPO to the ROD concerned for segregation of the corresponding original copy of the Certificates of Title of all these lands from the regular volume or files of the Registry, and the compilation of the same in a new separate volume (CARP Volume) until the customary number of titles constituting a regular volume is reached. This CARP Volume shall be treated as a restricted volume and any voluntary transaction on any of the titles included in this restricted file shall be subject to clearance in writing from the PARO. The maintenance of the CARP Volume shall be undertaken by the LRA-CARP personnel under the supervision of the ROD. AHaDSI
8. Any title contained in the CARP Volume shall only be returned to the general/regular file upon proof that the property covered by said title is exempted, excluded or ascertained to be outside CARP coverage. Such proof may be in the form of a Court Order or DAR Order which has become final and executory.
9. The ROD shall issue a Transfer Certificate of Title (for titled properties) and an Original Certificate of Title (for untitled properties) in the name of the Republic of the Philippines (RP title) upon receipt of a copy of the LBP's Certification of Deposit (COD) from the DARPO.
10. Landholdings distributed by the DENR under R.A. No. 6657, as amended shall no longer be acquired and distributed by the DAR.
11. Landholdings subject of acquisition shall be validated based on ownership documents and on the projection by the DAR on DENR land classification maps to determine whether or not the areas are alienable and disposable.
12. All projections undertaken by the DARPO on land titles, whether administratively or judicially (survey was based on the cadastral map of the Department of Environment and Natural Resources {DENR}) issued, shall be confirmed or validated by the DENR-Community Environment and Natural Resources Office (CENRO) or Provincial Environment and Natural Resources Office (PENRO) as to the land classification status of said lands.
All projections undertaken by the DARPO on lands covered by judicially issued titles and whose survey was based on the Private Survey (Psu) Plan of the Land Registration Authority (LRA) shall be confirmed or validated by the LRA on whether these lands do not overlap with other titled or decreed property.
13. Titles judicially issued prior to 1921 based on Act No. 2874 need not be validated or confirmed by the DENR-CENRO/PENRO as to their land classification status as such lands are classified as alienable and disposable. However, the DARPO shall:
13.1 Undertake the projection as to land classification status; and
13.2 Obtain a certification from the Land Registration Authority (LRA) that the property does not overlap with a titled or decreed property. Such certification shall include, among others, the Judicial Decree number, date of issuance of Decree, name of adjudicatee, location and area.
Such properties that partially overlap with other titled or decreed properties shall be segregated accordingly during the conduct of survey by the landholdings subject of acquisition. The acquisition and distribution of such landholdings that either partially or fully overlap with decreed properties shall continue regardless in whose name the decree is. TCaEIc
14. As a general rule, the conduct of survey to determine land use, segregation of coverable and not coverable area, and subdivision survey shall be undertaken prior to field investigation (FI). The PARO shall ensure that all field survey activities shall be completed before the conduct of field investigation (FI).
However, in the event that the finalization of the master list of ARBs will necessitate resolution of petitions for inclusion and exclusion of ARBs in the master list, the PARO shall inform the Land Bank of the Philippines (LBP) regarding the matter, in which case, the conduct of subdivision survey will come after the field investigation (FI) or upon the finalization of the master list of ARBs so as not to delay the land acquisition process.
15. The Land Use Management and Development (LUMD) fund shall be released and utilized only for CARP covered lands with Requisition Survey Services (RSS) approved by the DAR's Bureau of Land Development (BLD), pursuant to existing guidelines on requisition, approval and monitoring of survey services.
16. A landowner-mortgagor of a foreclosed agricultural land where the two-year right of redemption period has already expired and is subsequently to be covered under CARP, cannot qualify as an ARB on the foreclosed land notwithstanding his/her being in actual possession and cultivation thereof. The DAR shall be responsible for taking possession of the land by negotiating or filing of the appropriate case, if necessary, and to successfully install the qualified ARB/s.
D. Land Valuation and Landowner Compensation
1. The compensation for lands covered under R.A. No. 9700 shall be: a) the amount determined in accordance with the criteria provided for in Section 7 of the said law and existing guidelines on land valuation; or b) the value based on the order of the DAR Adjudication Board (DARAB) or the regular court, which has become final and executory.
The basic formula for the valuation of lands covered by VOS or CA shall be:
LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
| Where: | LV = | Land Value |
| CNI = | Capitalized Net Income (based on land use and productivity) | |
| CS = | Comparable Sales (based on fair market value equivalent to 70% of BIR Zonal Value) | |
| MV = | Market Value per Tax Declaration (based on Government assessment) |
1.1 If three factors are present ATcEDS
When the CNI, CS and MV are present, the formula shall be:
LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
1.2 If two factors are present
1.2.1 When the CS factor is not present and CNI and MV are applicable, the formula shall be:
LV = (CNI x 0.90) + (MV x 0.10)
1.2.2 When the CNI factor is not present, and CS and MV are applicable, the formula shall be:
LV = (CS x 0.90) + (MV x 0.10)
1.3 If only one factor is present
When both the CS and CNI are not present and only MV is applicable, the formula shall be:
LV = MV x 2
In no case shall the value of idle land using the formula (MV x 2) exceed the lowest value of land within the same estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of Claim Folder (CF.)
The specific guidelines governing the valuation of lands under voluntary offer to sell (VOS) or compulsory acquisition (CA) pursuant to R.A. No. 6657, as amended by R.A. No. 9700 are provided in CARP-LAD Annex A of this Order.
2. All previously acquired lands wherein valuation is subject to challenge by landowners shall be completed and finally resolved pursuant to Section 17 of R.A. No. 6657, as amended.
In like manner, claims over tenanted rice and corn lands under P.D. No. 27 and Executive Order (E.O.) No. 228 whether submitted or not to the Land Bank of the Philippines (LBP) and not yet approved for payment shall be valued under R.A. No. 6657, as amended.
Landholdings covered by P.D. No. 27 and falling under Phase I of R.A. No. 9700 shall be valued under R.A. No. 9700.
3. In cases of rejection, landowners may withdraw the original value of the landholding as determined by the Department of Agrarian Reform (DAR) and Land Bank of the Philippines (LBP) per Memorandum of Valuation (MOV) and subsequently deposited in their names, subject to their submission of the requirements for payment. ATESCc
When the LO later accepts the original value or as recomputed by the LBP based on existing valuation guidelines, mere filing of a manifestation by the LO as regards the acceptance of the original value or a joint manifestation by the LO and the LBP on the recomputed value with the DAR Adjudication Board (DARAB) shall automatically terminate the just compensation case pending thereat.
4. Landowners, other than banks and financial institutions, who voluntarily offer their lands for sale, shall be entitled to an additional five percent (5%) cash payment.
5. For landholdings which were conveyed after the effectivity of R.A. No. 6657, the LBP shall consider the transferor as the payee.
However, payment must be released to the LO-transferee if the LO-transferor issues a Special Power of Attorney (SPA) or Deed of Assignment in favor of the former.
6. In the determination of the Annual Gross Production (AGP), Selling Price (SP) and Cost of Operation (CO) to be used in the land valuation, the audited financial statement filed with the Bureau of Internal Revenue (BIR) shall be obtained by the DARMO from the LO fifteen (15) days prior to the date of field investigation. If the landowner fails to submit the same, the DAR and LBP may adopt applicable industry data or, in the absence thereof, conduct an industry study on the specific crop.
7. Small portions or patches within the covered landholdings which are determined to be less productive than the bigger portion during the conduct of joint field investigation shall be valued based on the current use of the adjacent portions, provided that said small portions or patches shall not exceed 10% of the productive area.
Likewise, small portions or patches of landholdings above 18 percent slope, undeveloped and of no use to the landowner shall be valued as idle provided it shall not exceed 10% of the covered landholding.
E. Farmer Beneficiary Identification, Screening and Selection
1. Farmers/Tillers and farmworkers who meet the following qualifications shall be eligible as beneficiaries under the Comprehensive Agrarian Reform Program:
1.1 General Qualifications. All agrarian reform beneficiaries must be:
1.1.1 Landless as defined by R.A. No. 6657, as amended and under Item III (1) of this Order;
1.1.2 Filipino citizen;
1.1.3 Permanent resident of the barangay and/or municipality where the landholding is located as provided under Section 22 of R.A. No. 6657, as amended.
1.1.4 At least fifteen (15) years of age at the time of identification, screening and selection of farmer-beneficiaries; and
1.1.5 Willing, able, and equipped with the aptitude to cultivate and make the land productive.
1.2 Specific Qualifications for Farmworkers in Commercial Farms and Plantations. In addition to Item 1.1 above, the applicant must have been employed as of June 15, 1988 in the landholding covered under CARP.
All farmworkers who are holding managerial or supervisory positions as of June 15, 1988 shall not qualify as ARBs. However, farmworkers who were promoted to managerial or supervisory positions after they were identified, screened and selected shall remain as qualified ARBs. TIcEDC
2. Qualified beneficiaries shall be prioritized as follows:
2.1 agricultural lessees, share tenants and regular farmworkers;
2.2 seasonal farmworkers;
2.3 other farmworkers;
2.4 actual tillers or occupants of public lands;
2.5 collectives or cooperatives of the above beneficiaries; and
2.6 others directly working on the land.
3. The following are grounds for disqualification in the identification of ARBs of the CARP:
3.1 Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657, as amended;
3.2 Execution of a waiver of right to become an ARB in exchange for due compensation and such waiver has not been questioned in the proper government entity as of the approval of this Order;
3.3 Non-payment of an aggregate of three (3) annual amortizations and failure to exercise the right of redemption/repurchase within two (2) years resulting in the foreclosure of mortgage by the LBP of a previously awarded land;
3.4 Deliberate non-payment of three (3) annual amortizations to the landowner (LO) resulting in the repossession by the landowner (in the case of voluntary land transfer/direct payment scheme or VLT/DPS) of the awarded land;
3.5 Dismissal from the service for cause upon a judgment that is final and executory (and there is no case filed questioning said dismissal) as of the approval of this Order and if there is any such case, the same has been affirmed with finality by the proper entity of government;
3.6 Obtaining a substantially equivalent and regular employment, as defined in Item III (9) of this Order;
3.7 Retirement from the service, whether optional or mandatory, or voluntary resignation, provided this was not attended by coercion and/or deception, and there is no case questioning said retirement or voluntary resignation by the applicant as of the date of approval of this Order;
3.8 Misuse or diversion of financial support services extended by government (Section 37 of R.A. No. 6657, as amended);
3.9. Negligence or misuse of the land or any support extended by government (Section 22 of R.A. No. 6657, as amended);
3.10 Material misrepresentation of the ARB's basic qualifications as provided for under Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws;
3.11 Sale, disposition, or abandonment of the lands awarded by government under CARP or P.D. No. 27 which is violative of the agrarian laws;
3.12 Conversion of agricultural lands to non-agricultural use without prior approval from the DAR;
3.13 Final judgment for forcible entry into the property or for unlawful detainer; and IDETCA
3.14 Commission of any violation of the agrarian reform laws and regulations, or related issuances, as determined with finality after proper proceedings by the appropriate tribunal or agency.
4. Only after the agricultural lessees and share tenants, and regular farmworkers have each been awarded three (3) hectares pursuant to Section 8 of R.A. No. 9700, shall other qualified beneficiaries such as seasonal farmworkers, other farmworkers, actual tillers/occupants of public lands, collectives or cooperatives of the above beneficiaries, and others directly working on the land, be accommodated.
5. The child of an LO shall be given preference in the distribution of his/her parent's land pursuant to existing rules and regulations on award to children of LOs provided he/she meets all of the following criteria:
5.1 Filipino citizen;
5.2 At least fifteen (15) years of age; and
5.3 Actual tiller or directly managing the farm as of the time of the conduct of field investigation of the landholding under CARP.
However, only untenanted portions of the landholding may be subject to award to qualified children of the LO and actual tenant-tillers in the landholding shall not be ejected or removed therefrom. An LO's child cannot claim that he/she is directly managing the farm or a specific area of tillage, if the same has tenants or lessees, considering that the tenants on the land have the right to directly manage the land or area of tillage with the obligation to pay the LO lease rental therefor.
6. In the event that the agricultural land for distribution in commercial farms or plantations is sufficient following the order of priority under Section 22 of R.A. No. 6657, as amended, the farmworker-beneficiaries therein on or prior to 15 June 1988, shall enjoy priority of award of a maximum of three (3) hectares.
On the other hand, farmworkers who were hired after the effectivity of R.A. No. 6657 shall be accommodated based on their length of service, reckoned from 15 June 1988, and subject to Item IV (F) (1.2) of this Order.
7. All potential ARBs of a landholding who have been included in the preliminary list, including those who have signified their intent or interest with the DARMO to be included in the preliminary list of potential ARBs thereof, must submit the essential documents to prove their qualifications as ARBs as provided under Item V (D.1.d) of this Order within fifteen (15) days from posting of the said list.
Potential ARBs who fail to comply with the submission of the required documents to prove their qualifications fifteen (15) days from the last day of posting of the preliminary list of ARBs shall not be delisted from the preliminary list of ARBs. The DARMO shall use available documentary evidence at hand, if any, or exhaust all efforts to gather the necessary information/evidence as bases in the evaluation of the potential ARB's qualifications and inclusion in the said list.
8. For the purpose of screening and selection of qualified ARBs in commercial farms, plantations and other landholdings that qualify for collective distribution under Item IV (F) (4) of this Order, all concerned PAROs shall create a Beneficiary Screening Committee (BSC) whose members shall be composed of the PARO as the Ex-Officio Chairperson, the MARO, the DARPO Legal Offer, the Provincial Agrarian Reform Coordinating Committee (PARCCOM) Chairman or his representative and the BARC Chairman of the area where the landholding is located or his representative, pursuant to DAR A.O. No. 7, Series of 2003.
The BSC may invite the landowner/s and/or civil society organization (CSO) representatives in the area to serve as resource persons in the ARB selection and screening process, as may be necessary.
The BSC shall exercise exclusive jurisdiction in the screening and selection of ARBs in commercial farms, plantations and other landholdings for collective distribution to ARBs.
9. Qualified beneficiaries in a particular landholding shall include those determined/identified by the DAR during the actual investigation and documentation process. The master list of ARBs selected by the MAROs or the Beneficiaries Screening Committee (BSC) in the case of commercial farms or plantations, shall be certified under oath by the BARC and further attested to under oath by the LO in so far as his tenants, lessees and regular farmworkers in the landholding are concerned, pursuant to Item IV (E) (10) of this Order. TacADE
10. The right of the LO to attest to the master list of ARBs in so far as the tenants, lessees and regular farmworkers in his/her landholdings are concerned, is deemed waived after the lapse of fifteen (15) days from his/her receipt of the said master list of ARBs, if he fails to act on it within the said period. Thereafter, the master list of ARBs shall become final and executory. Landowners who fail, refuse or delay the issuance of the attestation despite proof of qualification of the beneficiaries, shall be liable under Sections 24 and 25 of R.A. No. 9700.
In case of partial or full non-attestation or repudiation by the LO of the ARBs in the master list, the LO shall be required to submit evidence to sustain his partial or full non-attestation, repudiation of ARBs, and/or substitution or addition to the master list of ARBs.
The landowner's refusal to attest to all or specific ARB/s in the master list despite the presentation of proof of their being either tenants or lessees or regular farmworkers shall not in any way delay the LAD process. The MARO shall submit a report on this to the PARO.
11. The DARPO shall, within fifteen (15) days from receipt of the DARMO's report, conduct a revalidation of the qualifications of the ARBs' being tenants or lessees or regular farmworkers in cases where the landowner refuses to attest to:
11.1 Specific ARBs in the master list of ARBs (partial attestation);
11.2 Specific ARBs in the master list of ARBs (partial attestation) and identifies other ARBs either by substitution or addition whom the LO claims are his tenants, lessees or regular farmworkers; or
11.3 All ARBs in the master list of ARBs (full non-attestation) and identifies other ARBs either by substitution or addition whom the LO claims are his tenants, lessees or regular farmworkers.
Should the PARO find that there is possible merit to the LO's partial or full non-attestation of the master list of ARBs, he shall order the BARC to conduct compulsory arbitration within thirty (30) days to pass upon the issue.
The BARC shall submit a report of its findings within five (5) days after arbitration to the PARO who shall then evaluate and finally determine the qualifications of the ARBs in the master list. The PARO's decision shall be final in so far as the master list is concerned.
12. Protests for inclusion/exclusion from the master list of qualified ARBs may be filed in writing at the DARPO by an interested party not later than fifteen (15) days from the last day of posting of the master list, for resolution within thirty (30) days from receipt of the same.
13. The master list of qualified ARBs becomes final after the lapse of fifteen (15) days from issuance of the PARO's decision on the protest and receipt of the same by the parties.
14. The authority of the PARO to determine ARBs' qualifications is specifically limited in the context of partial attestation or full non-attestation by the LO and to resolve protests and petitions on the ARBs' qualifications to be included in the master list. After this phase, the other processes and the authority to decide on the determination of ARBs' qualifications under specific issuances (e.g., inclusion/exclusion of ARBs issued with CLOA from the master list of ARBs under agrarian law implementation cases) shall remain.
15. In case an appeal/motion for reconsideration is filed on the PARO's decision/s or order/s for inclusion/exclusion of potential ARBs in/from the master list, the rules and procedures provided under the existing agrarian law implementation (ALI) rules shall be followed.
16. The ARBs who qualify under the screening process shall state under oath before the judge of the city or municipal court that he/she is willing to work on the land to make it productive and to assume the obligation of paying the amortization for the compensation of the land and the land taxes thereon as stipulated in the Application to Purchase and Farmer's Undertaking (APFU).
ARBs in the master list who fail or refuse to execute and sign the APFU shall be given thirty (30) days from the date of receipt of the APFU to sign it. Failure to sign the APFU within the reglementary period of thirty (30) days shall be considered as a waiver of right to become an ARB. Due notice shall be given to the concerned parties stating the consequence of such failure to sign and execute the APFU within the prescribed period.
F. Land Distribution
1. Equitable distribution of the land shall be observed subject to the following considerations:
1.1 Landholdings covered by CARP shall be distributed first to agricultural lessees and share tenants and regular farmworkers of the same landholding up to a maximum of three (3) hectares each. Only when the qualified agricultural lessees and tenants and regular farmworkers by order of priority under Section 22 of R.A. No. 6657, as amended, shall have received three (3) hectares each, shall the remaining portion of the subject landholding, if any, be distributed to seasonal and other farmworkers, actual tillers or occupants of public lands, collectives or cooperatives of the beneficiaries and others directly working on the land, pursuant to R.A. No. 9700.
1.2 Excess areas subsequent to the three-hectare award to entitled beneficiaries pursuant to R.A. No. 9700, shall be distributed to other qualified beneficiaries without prejudice to the consideration of immediate family members of agricultural lessees/tenants/farmworkers who are actually tilling/cultivating such lands as ARBs, subject to the procedures on screening and selection of ARBs. However, the tenants/lessees in such excess areas shall be given reasonable time to harvest the produce of his/her crop, subject to the rules on standing crops.
In cases where the land area is not enough to meet the three-hectare award ceiling for each agricultural lessee and tenant in a particular landholding, the area to be distributed to them shall be based on the actual size of tillage by each tenant/lessee.
Other qualified beneficiaries under Section 22 of R.A. No. 6657, as amended, who are displaced after the distribution of all available land to tenants/lessees, may still qualify as ARBs in other lands covered under the CARP.
In cases where the three-hectare award limit is satisfied for tenants, lessees and regular farmworkers, the remaining lands shall be distributed to agrarian reform beneficiaries following the order of priority under Section 22, Items c to f of R.A. No. 6657, as amended, at an award limit of three (3) hectares each, using the following as the criteria for prioritization in case the land is not economically feasible and sound to distribute among all the remaining ARBs: ISTHED
a. willingness, aptitude and ability to cultivate and make the land as productive as possible;
b. physical capacity; and
c. length of service.
If there are ARBs who equally meet the foregoing criteria, priority shall be given to ARBs who have continuously worked on the subject landholding.
The other farmworkers on the land who cannot be accommodated shall be put in a wait list of potential ARBs who will be awarded in other landholdings covered by the CARP.
1.3 For untenanted land, all the farmers/tillers/farmworkers therein who qualify under the existing guidelines on the identification, screening and selection of Agrarian Reform Beneficiaries (ARBs), shall be considered as potential beneficiaries in the estate, provided that the proportional share of each will not exceed three (3) hectares, otherwise, additional farmworkers shall be considered.
1.4 For unoccupied lands, each qualified landless farmer shall be allowed the award ceiling of three (3) hectares.
2. In general, the land awarded to an ARB should be under an individual CLOA-title covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares.
3. Qualified beneficiaries may opt for collective ownership, through a co-workers or farmers' cooperative/association or some other form of collective organization and for the issuance of collective ownership titles: Provided, That the total area to be awarded shall not exceed the total number of co-owners or members of the cooperative or collective organization multiplied by the award limit of three (3) hectares, except in meritorious cases as may be determined by the Presidential Agrarian Reform Council (PARC) and that the conditions for the grant of collective CLOAs under Item IV (F) (4.1 to 4.4) of this Order are met.
Under collective ownership, a collective CLOA to the property shall be issued in the name of the co-owners or the farmers' cooperative/association or collective organization, as the case may be. If the CLOAs are issued to co-owners or to a farmers' cooperatives/association, the names of the beneficiaries must be listed in the CLOA.
4. Collective CLOAs may be issued to farmers' cooperatives/associations under the following instances:
4.1 The current farm management system of the land covered by CARP is not appropriate for either individual farming or division of the landholding into farm parcels;
4.2 The farm labor system is specialized, where the farmworkers are organized by functions such as spraying, weeding, packing and other similar activities and not by specific parcels;
4.3 The potential beneficiaries are currently not farming individual parcels but collectively working on large contiguous areas; and
4.4 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.
5. If the conditions for the issuance of collective CLOAs no longer exist, the landholding shall be parcelized/subdivided and the ARBs subsequently issued individual CLOA-titles.
6. For idle and abandoned lands or undeveloped agricultural lands to be covered by CARP, collective ownership shall be allowed only if the beneficiaries opt for it and there is a clear development plan that would require collective farming or integrated farm operations exhibiting the conditions described in Item IV (F) (4.1-4.4) of this Order. Otherwise, such lands awarded to ARBs should be under individual CLOAs/titles, covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares.
7. As a general rule, the DAR shall take immediate possession of a landholding upon the issuance of Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) in the name of the Republic of the Philippines (RP) by the concerned Registry of Deeds (ROD), and shall thereafter immediately proceed with the distribution process to the qualified agrarian reform beneficiaries of the landholding pursuant to Section 16 of R.A. No. 6657, as amended.
8. The ARBs have the right of usufruct over the land from the time the DAR takes constructive and actual possession of the same until the award of a CLOA.
Pending the award of the CLOA and for the purpose of establishing usufructuary rights, the DAR, upon transfer of the title in the name of the Republic of the Philippines and it takes actual possession of the land, shall immediately inform the ARBs that they have been identified and qualified to receive the land.
9. The existence of labor-related problems between the landowner and the farmworkers, including questions on ownership of the subject landholding and payment of just compensation shall in no case deter or delay the process of land acquisition and distribution.
10. The rights and responsibilities of the ARB shall commence from their receipt of a duly registered Certificate of Land Ownership Award (CLOA) and their actual physical possession of the awarded land.
10.1 All ARBs shall exercise diligence in the use, cultivation and maintenance of the land including the improvements thereon. Negligence, misuse, or unauthorized sale of the land or misuse of any support extended to an ARB shall be a ground for the forfeiture of one's right as an ARB.
10.2 Lands awarded to ARBs under this Act may not be sold, transferred or conveyed except through hereditary succession or to the Government, or to the LBP, or to other qualified beneficiaries within a period of ten (10) years; Provided, however, that the children or the spouse of the transferor shall have a right to repurchase the land from the government or the LBP within a period of two (2) years from the date of transfer.
10.3 ARBs have the obligation to pay the LBP in thirty (30) annual amortizations with interest at six percent (6%) per annum unless the ARB opts to accelerate payment.
10.4 Amortization payments shall commence one (1) year from the date of the CLOA registration. However, if the actual occupancy of the ARB takes place after the CLOA registration, the amortization shall start one (1) year after the constructive and physical occupation of the land by the ARB.
11. The ARB Cooperative/Association shall assume the responsibility of paying the local government unit (LGU) the real property tax (RPT) of collectively awarded land subject to the provisions of the Cooperative Code of the Philippines.
12. Land improvements and facilities such as roads, bridges, warehouses, irrigation systems and the like, for common use and benefit as may be defined by DAR, may be transferred through a Farmers' Association or Cooperative, or in the absence thereof, through co-ownership, and equally shared payments covered under either individual or collective land amortizations, as the case may be.
13. Agricultural lessees and tenants, regular farmworkers and other qualified beneficiaries such as seasonal farmworkers, other farmworkers, actual tillers/occupants of public lands, members of collectives or cooperatives of the above beneficiaries, and others directly working on the land who are husband and wife may be entitled to three (3) hectares each provided that they qualify as ARBs in their own individual rights and that their respective vested rights to the land have been duly established. A separate CLOA shall be issued to each spouse in such cases. ATCaDE
14. 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 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 a common-law relationship are covered by a collective/co-ownership CLOA and their names 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.
15. It is the ministerial duty of the ROD to:
15.1 Issue the title of the land in the name of the Republic of the Philippines, after the LBP has certified that the claim proceeds have been deposited in the name of the landowner constituting full payment in cash and bonds, with due notice to the landowner;
15.2 Register the CLOA generated by DAR;
15.3 Cancel previous titles pertaining thereto; and
15.4 Issue title to the LO's retained area.
16. All registered CLOAs shall be released by the Registry of Deeds (ROD) to LBP as the mortgagee financing institution. The LBP shall be the responsible repository of the encumbered CLOAs until the time of their release to the concerned ARBs upon full payment of the land amortization, and the cancellation of the encumbrance.
G. Installation of Agrarian Reform Beneficiaries on Awarded Lands
1. As owners of awarded lands under CARP, the ARB/s shall take possession of the land covered by his/her/their titles from the time the same is awarded to them through a registered CLOA.
In case taking possession of the awarded land by the ARBs would imperil or endanger their lives, the DAR shall assume responsibility for the installation of the ARB/s on the subject land with the assistance of the police or military until they are settled and in constructive and physical control of the property.
2. As a general rule, there shall only be a one time installation of ARBs on their specific area of tillage as indicated in their CLOAs, rendering them in constructive and physical possession of the same.
The DAR shall assist the ARBs in reporting cases of threat/harassment or ejection attempts by the former landowner or other parties to the police or military, and the filing of appropriate legal action against those responsible, if warranted.
3. In case the installation activities would necessitate the provision of police and/or military forces to assist the DARMO personnel, the Provincial Agrarian Reform Officer (PARO) shall coordinate the said activities with the Department of National Defense-Armed Forces of the Philippines (DND-AFP) and the Department of the Interior and Local Government-Philippine National Police (DILG-PNP), pursuant to the existing guidelines per Memorandum of Agreement executed by the DAR, Department of the Interior and Local Government (DILG), and Department of National Defense (DND).
4. In the event that the former landowner harasses or threatens the ARB/s installed by the DAR, the affected ARB/s shall immediately report the matter to the concerned PNP and the DAR. The ARBs should be assisted by the DAR Regional/Provincial Legal Division, Public Attorney's Office (PAO) and the Office of the City/Provincial Prosecutors.
5. If upon the effectivity of this Order, the former landowner deliberately acts to delay, stall or obstruct the installation of the ARBs, a criminal case shall be filed against him/her for violation of Sec. 73 (d) of R.A. No. 6657, as amended. Moreover, the DAR shall ask that the landowner be held liable by the Court for actual, compensatory and moral damages suffered by the ARB/s.
V. Operating Procedures for the Land Acquisition and Distribution Process
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A. PREPARATION, ISSUANCE AND PUBLICATION OF THECARP-LAD Annex "E" for the Process Flow)
A.1 Projection of Lands for Coverage
| A.1.a | DARPO | Project landholdings for coverage | ||||
| under CARP in the Department | ||||||
| of Environment and Natural | ||||||
| Resources (DENR) Land | ||||||
| Classification Maps to determine | ||||||
| whether or not the areas are | ||||||
| alienable and disposable, and do | ||||||
| not overlap with any decreed | ||||||
| property. | ||||||
| • | If the land is found to be | |||||
| adjacent to forest or timber | ||||||
| land, determine the date of | ||||||
| issuance of the title. In case | ||||||
| the title was issued prior to | ||||||
| 1921 based on Act No. 2874, | ||||||
| the subject land is definitively | ||||||
| considered as alienable and | ||||||
| disposable, and the procedure | ||||||
| in Item V(A)(2) of this Order | ||||||
| shall be undertaken. | ||||||
| • | If the title was issued on or | |||||
| after 1921 based on Act No. | ||||||
| 2874, determine whether | ||||||
| these were issued | ||||||
| administratively or judicially. | ||||||
| • | For landholdings covered by | |||||
| judicial titles and the | ||||||
| survey was based on the | ||||||
| Land Registration Authority | ||||||
| (LRA)-Private Survey (PSu) | ||||||
| Plan, the procedure outlined | ||||||
| in Item V(A)(3.1) of this | ||||||
| Order shall be followed. | ||||||
| • | For landholdings covered by | |||||
| administrative titles or | ||||||
| judicial titles and the survey | ||||||
| was based on the DENR | ||||||
| Cadastral Plan, the procedure | ||||||
| outlined in Item V(A)(3.2) | ||||||
| of this Order shall apply. | ||||||
| A.1.b | DARPO | In the case of untitled properties, | ||||
| a certification from the LRA | ||||||
| and DENR regarding the status | ||||||
| of the landholding shall be | ||||||
| obtained observing the | ||||||
| following procedures: | ||||||
| • | Submit the list of untitled | |||||
| properties to the DENR- | ||||||
| CENRO/PENRO for | ||||||
| validation on whether | ||||||
| or not the said landholdings | ||||||
| are alienable and disposable, | ||||||
| and for subsequent issuance | ||||||
| of a certification on the matter. | ||||||
| Likewise, submit the same | ||||||
| list to the Bureau of Land | ||||||
| Development (BLD) for it | ||||||
| to obtain the same certification | ||||||
| from the LRA informing | ||||||
| whether these landholdings | ||||||
| are within or outside a | ||||||
| decreed property. | ||||||
| • | Upon receipt of both | |||||
| certifications, undertake | ||||||
| the following: | ||||||
| 1. | If the untitled land totally | |||||
| overlaps with a decreed | ||||||
| property, continue with | ||||||
| the acquisition and | ||||||
| distribution of the decreed | ||||||
| property regardless in | ||||||
| whose name the decree is. | ||||||
| 2. | If the untitled property is | |||||
| totally not alienable and | ||||||
| disposable, discontinue | ||||||
| with the coverage of the | ||||||
| subject land. | ||||||
| 3. | If the untitled land partially | |||||
| overlaps with a decreed | ||||||
| property, or it is partially | ||||||
| alienable and disposable, | ||||||
| ensure that the portions | ||||||
| of the said lands that are | ||||||
| within the decreed property | ||||||
| and those that are not | ||||||
| alienable and disposable | ||||||
| are segregated during the | ||||||
| conduct of survey. | ||||||
| Likewise, continue with | ||||||
| the acquisition and | ||||||
| distribution of both the | ||||||
| landholding that partially | ||||||
| overlaps with a decreed | ||||||
| property as well as the | ||||||
| latter regardless in | ||||||
| whose name the | ||||||
| landholdings are. | ||||||
| A.1.c | DARPO | Prepare, in coordination with | • | CARP-LAD Form | ||
| the DARMO, the preliminary | No. 1 (Preliminary | |||||
| information on all | Information on | |||||
| landholdings which were | Landholdings | |||||
| validated and projected by the | Validated and | |||||
| DARPO and subject of joint | Projected and | |||||
| field investigation using | Subject of Joint | |||||
| CARP-LAD Form No. 1. | Field Investigation) |
A.2 Validation of Landholdings for Coverage
| A.2.a | DARPO | Submit to the BLD list of | |||
| landholdings with titles or | |||||
| decrees issued prior to 1921 | |||||
| based on Act No. 2874. | |||||
| A.2.b | BLD | Obtain a certification from | |||
| the LRA that the subject | |||||
| landholdings do not overlap | |||||
| with a titled or decreed | |||||
| property. | |||||
| A.2.c | LRA | Validate if the subject | |||
| landholding overlaps with | |||||
| a titled or decreed property | |||||
| based on records and | |||||
| projections. | |||||
| Prepare and transmit to | |||||
| the BLD a certification | |||||
| regarding the status of the | |||||
| subject landholding which | |||||
| should include the following | |||||
| information: | |||||
| - | Judicial Decree No.; | ||||
| - | Date of issuance of | ||||
| Decree; | |||||
| - | Name of Adjudicatee; | ||||
| - | Location; and | ||||
| - | Area. | ||||
| A.2.d | BLD | Upon receipt of the LRA's | |||
| certification, record and | |||||
| forward the same to the | |||||
| DARPO. | |||||
| A.2.e | DARPO | • | If the subject landholding | ||
| partially overlaps with a | |||||
| titled or decreed property, | |||||
| ensure that the overlapping | |||||
| portions thereof are | |||||
| segregated during the | |||||
| conduct of survey. Likewise, | |||||
| continue with the acquisition | |||||
| and distribution of both the | |||||
| landholding that partially | |||||
| overlaps with a decreed | |||||
| property as well as the | |||||
| latter regardless in whose | |||||
| name the landholdings are. | |||||
| • | If the subject landholding | ||||
| totally overlaps with a | |||||
| decreed property, continue | |||||
| with the acquisition and | |||||
| distribution of the decreed | |||||
| property regardless in | |||||
| whose name the decree is. | |||||
| A.2.f | DARPO | Prepare, in coordination with | • | CARP-LAD Form | |
| the DARMO, the preliminary | No. 1 (Preliminary | ||||
| information on all | Information on | ||||
| landholdings which were | Landholdings | ||||
| validated and projected by the | Validated and | ||||
| DARPO and subject of joint | Projected and | ||||
| field investigation using | Subject of Joint | ||||
| CARP-LAD Form No. 1. | Field Investigation) |
A.3 Landholdings Adjacent to Forest or Timber Land and the Decree wasAct No. 2874
A.3.1 Landholdings Covered by Judicial Titles and the Survey was Based
| A.3.1.a | DARPO | Send to BLD the list of | |||
| landholdings adjacent to | |||||
| forest or timber land for | |||||
| revalidation to ensure that | |||||
| these are alienable and | |||||
| disposable. | |||||
| A.3.1.b | BLD | Revalidate the said | |||
| landholdings which are | |||||
| adjacent to forest or timber | |||||
| land vis-a-vis the DENR Land | |||||
| Classification Map filed at | |||||
| BLD. | |||||
| • | If the subject | ||||
| landholding/s is/are found | |||||
| to be alienable and | |||||
| disposable, issue a | |||||
| certification as to its | |||||
| findings and transmit this | |||||
| back to the DARPO. | |||||
| • | In case the subject | ||||
| landholding/s is/are found | |||||
| to be totally or partially | |||||
| not alienable and | |||||
| disposable, transmit these | |||||
| to LRA with a request for | |||||
| it to validate whether or | |||||
| not these lands are | |||||
| alienable and disposable. | |||||
| A.3.1.c | LRA | • | Validate the landholding/s | ||
| adjacent to forest or timber | |||||
| land if this/these is/are | |||||
| alienable and disposable | |||||
| or not based on records | |||||
| and projections. | |||||
| • | Prepare a certification | ||||
| regarding the status of | |||||
| the landholding/s (i.e., | |||||
| alienable and disposable, | |||||
| partially or fully not | |||||
| alienable and disposable). | |||||
| If a landholding is found | |||||
| to be partially alienable | |||||
| and disposable, prepare | |||||
| a sketch map indicating | |||||
| the approximate size, | |||||
| contour and portion of | |||||
| the said landholding that | |||||
| is considered alienable | |||||
| and disposable. | |||||
| • | Transmit to BLD the | ||||
| certification regarding the | |||||
| status of the landholding, | |||||
| including the sketch map, | |||||
| if applicable. | |||||
| A.3.1.d | BLD | Upon receipt of the | |||
| certification and sketch map, | |||||
| if any, send these to DARPO | |||||
| for appropriate action. | |||||
| A.3.1.e | DARPO | • | If the land is partially | ||
| alienable and disposable, | |||||
| ensure that portions | |||||
| thereof which are found to | |||||
| be not alienable and | |||||
| disposable are segregated | |||||
| during the conduct of the | |||||
| survey. | |||||
| • | In case the entire area is | ||||
| totally not alienable and | |||||
| disposable, discontinue | |||||
| with the coverage of the | |||||
| subject land. | |||||
| A.3.1.f | DARPO | Prepare, in coordination with | • | CARP-LAD Form | |
| the DARMO, the preliminary | No. 1 (Preliminary | ||||
| information on all | Information on | ||||
| landholdings which were | Landholdings | ||||
| validated and projected by the | Validated and | ||||
| DARPO and subject of joint | Projected and | ||||
| field investigation using | Subject of Joint | ||||
| CARP-LAD Form No. 1. | Field Investigation) |
A.3.2 Landholdings Covered by Judicial or Administrative Titles and the
| A.3.2.a | DARPO | Forward to DENR- | |||
| CENRO/PENRO the list | |||||
| of landholdings adjacent to | |||||
| forest or timber land for | |||||
| validation to ensure that | |||||
| these are alienable and | |||||
| disposable. | |||||
| A.3.2.b | DENR- | • | Validate the landholdings | ||
| CENRO/ | adjacent to forest or timber | ||||
| PENRO | land based on its records | ||||
| and projections. | |||||
| • | Prepare a certification | ||||
| regarding the status of the | |||||
| landholdings (i.e., alienable | |||||
| and disposable, partially or | |||||
| fully not alienable and | |||||
| disposable). If a landholding | |||||
| is found to be partially | |||||
| alienable and disposable, | |||||
| prepare a sketch map | |||||
| indicating the approximate | |||||
| size, contour and portion | |||||
| found to be alienable and | |||||
| disposable. | |||||
| • | Transmit to DARPO the | ||||
| certification regarding the | |||||
| findings on the landholding, | |||||
| including a sketch map, if | |||||
| applicable. | |||||
| A.3.2.c | DARPO | • | If the land is partially | ||
| alienable and disposable, | |||||
| ensure that said portions | |||||
| found to be not alienable | |||||
| and disposable are | |||||
| segregated during the | |||||
| conduct of the survey. | |||||
| In case the land is totally | |||||
| not alienable and disposable, | |||||
| discontinue with the | |||||
| coverage of the subject land. | |||||
| A.3.2.d | DARPO | Prepare, in coordination with | • | CARP-LAD Form | |
| the DARMO, the preliminary | No. 1 (Preliminary | ||||
| information on all | Information on | ||||
| landholdings which were | Landholdings | ||||
| validated and projected by the | Validated and | ||||
| DARPO and subject of joint | Projected and | ||||
| field investigation using | Subject of Joint | ||||
| CARP-LAD Form No. 1. | Field Investigation) |
A.4 Preparation and Issuance of Notices of Coverage (NOCs)
| A.4.a | DARPO | • | Transmit to the DARMO | |||
| the validated and projected | ||||||
| list of landholdings in the | ||||||
| ICS/F1 and other | ||||||
| landholdings still unacquired | ||||||
| and undistributed but | ||||||
| coverable under CARP, | ||||||
| indicating the concomitant | ||||||
| phasing schedule of said | ||||||
| lands, giving priority to | ||||||
| private agricultural lands. | ||||||
| • | Prepare and send to the | • | CARP-LAD Form | |||
| DARMO the claim folder | No. 2 (CF | |||||
| (CF) documentation | Documentation | |||||
| memorandum for each | Memorandum) | |||||
| landholding, including | • | CARP-LAD Form | ||||
| therein the following: | No. 3 (Notice of | |||||
| Coverage) | ||||||
| 1. | Notice of Coverage or | • | CARP-LAD Form | |||
| Memorandum to the | No. 4 (Directive to | |||||
| MARO directing | MARO to Proceed | |||||
| him/her to proceed | with the Coverage | |||||
| with the coverage of | of Agricultural | |||||
| agricultural lands for | Lands with NOCs) | |||||
| lands already issued | ||||||
| with NOCs, duly | ||||||
| signed by the PARO | ||||||
| and copy furnished the | ||||||
| landowner (LO), as the | ||||||
| case may be; and | ||||||
| 2. | Preliminary information | • | CARP-LAD Form | |||
| on all landholdings | No. 1 (Preliminary | |||||
| which were validated | Information on | |||||
| and projected by | Landholdings | |||||
| DARPO and subject of | Validated and | |||||
| field investigation (FI) | Projected and | |||||
| which shall form part | Subject of Joint | |||||
| of the claim folder. | Field Investigation) | |||||
| A.4.b | DARMO | Receive the Notices of | • | CARP-LAD Form | ||
| Coverage for landholdings | No. 3 (Notice of | |||||
| still unacquired and | Coverage) | |||||
| undistributed but coverable | • | CARP-LAD Form | ||||
| under CARP or the | No. 4) (Directive to | |||||
| Memorandum to the MARO | MARO to Proceed | |||||
| on the coverage of | with the Coverage | |||||
| agricultural lands for lands | of Agricultural | |||||
| already issued with NOCs, as | Lands with NOCs) | |||||
| the case may be, and cause | ||||||
| the service of either | ||||||
| document to the LO, as the | ||||||
| case may be, pursuant to | ||||||
| Item IV(A)(11) of this Order. | ||||||
| A.4.c | DARMO | In case the LO's residence is | • | CARP-LAD Form | ||
| outside the Philippines or | No. 5 (Report on | |||||
| unknown, or the LO refuses | Failure to Serve the | |||||
| to accept the NOC or there is | NOC to the LO and | |||||
| failure to notify the LO | Request for NOC | |||||
| through the regular mode of | Publication) | |||||
| service enumerated under | • | CARP-LAD Form | ||||
| Item IV(A)(11) of this Order, | No. 6 (NOC | |||||
| submit a report of this to the | Publication) | |||||
| DARPO and request the | ||||||
| PARO to cause the | ||||||
| publication of the NOC in | ||||||
| a newspaper of general | ||||||
| circulation in accordance with | ||||||
| Item IV(A)(11.4) of this Order. | ||||||
| A.4.d | DARMO | • | Post copies of the NOC for | • | CARP-LAD Form | |
| at least seven (7) days in | No. 3 (Notice of | |||||
| the bulletin boards or any | Coverage) | |||||
| conspicuous places in the | • | CARP-LAD Form | ||||
| city or municipality and the | No. 7 (Certification | |||||
| barangay where the | of Posting | |||||
| property is located and | Compliance) | |||||
| obtain from the proper | ||||||
| barangay or municipal | ||||||
| officer a Certification of | ||||||
| Posting Compliance. | ||||||
| • | Commence with the | |||||
| preparation of claim folder. | ||||||
| A.4.e | Landowner | Within thirty (30) calendar | • | CARP-LAD Form | ||
| days upon receipt of the NOC | No. 8 (Landowner's | |||||
| or date of NOC publication, | Letter of | |||||
| submit to the DARMO the | Submission of | |||||
| following: | Sketch Map of | |||||
| Selected Retained | ||||||
| 1. | Sketch map of the entire | Area and List of | ||||
| property with delineation or | Nominated | |||||
| shading or any general | Preferred | |||||
| indication of the area | Beneficiaries) | |||||
| he/she intends to retain. In | • | CARP-LAD Form | ||||
| case the LO fails to | No. 9 (Sketch Map | |||||
| identify his/her retained | of the Selected | |||||
| area and submit the said | Retained Area) | |||||
| sketch map, the DAR shall | • | Certified copies of | ||||
| identify and choose the | NSO birth | |||||
| LO's retention area; | certificate/s of | |||||
| preferred | ||||||
| 2. | List of name/s of | beneficiary/ies | ||||
| nominated child/ren as | nominated by LO | |||||
| preferred beneficiary/ies | • | Two (2) other | ||||
| with address/es, | documents | |||||
| birthdate/s, certified true | indicating parental | |||||
| copies of child/ren's birth | relationship of LO | |||||
| certificate/s and two (2) | to each nominated | |||||
| other documents with | preferred | |||||
| probative value showing | beneficiary/ies | |||||
| the parental relationship of | ||||||
| the LO to his/her | ||||||
| nominated preferred | ||||||
| beneficiary/ies. | ||||||
| In cases where the LO | ||||||
| contests the coverage of | ||||||
| his/her land under CARP, the | ||||||
| LO has thirty (30) calendar | ||||||
| days from receipt of the NOC, | ||||||
| or if the NOC was served | ||||||
| through newspaper publication, | ||||||
| within thirty (30) days from | ||||||
| date of publication to file | ||||||
| his/her protest/application | ||||||
| for exemption or exclusion | ||||||
| with the DARPO. | ||||||
| A.4.f | DARMO | Receive from the LO the letter | • | CARP-LAD Form | ||
| of submission of sketch map | No. 8 (Landowner's | |||||
| of his/her retention area and | Letter of | |||||
| the list of nominated child/ren | Submission of | |||||
| as preferred beneficiary/ies | Sketch Map of | |||||
| and supporting documents | Selected Retained | |||||
| indicating parental | Area and List of | |||||
| relationship to preferred | Nominated | |||||
| beneficiary/ies. | Preferred | |||||
| Beneficiaries) | ||||||
| • | CARP-LAD Form | |||||
| No. 9 (Sketch Map | ||||||
| of Selected Retained | ||||||
| Area) | ||||||
| • | Certified copies of | |||||
| NSO birth certificate/s | ||||||
| of preferred | ||||||
| beneficiary/ies | ||||||
| nominated by LO | ||||||
| • | Two (2) other | |||||
| documents indicating | ||||||
| parental relationship | ||||||
| of LO to nominated | ||||||
| preferred | ||||||
| beneficiary/ies |
B. PROCESSING OF LANDOWNER'S RETENTION AREASCARP-LAD Annex "F" for the Process Flow)
B.1 Landholdings Above Five (5) Hectares
| B.1.a | DARMO | Conduct an Ocular Inspection | • | CARP-LAD Form | |
| (OCI) for reconnaissance | No. 10 (OCI | ||||
| purposes and to validate the | Report) | ||||
| following: IASEca | |||||
| a. | The status of the | • | CARP-LAD Form | ||
| landholding/s subject of | No. 9 (Sketch Map | ||||
| coverage and the retention | of Selected | ||||
| area chosen by the LO as | Retained Area) | ||||
| identified in the sketch | |||||
| map; and | |||||
| b. | Names and qualifications | • | CARP-LAD Form | ||
| of nominated children as | No. 8 (Landowner's | ||||
| preferred beneficiaries | Letter of | ||||
| fifteen (15) years old and | Submission of | ||||
| actually cultivating or | Sketch Map of | ||||
| directly managing the farm | Selected Retained | ||||
| at the time of the conduct | Area and List of | ||||
| of field investigation of the | Nominated | ||||
| landholding under CARP. | Preferred | ||||
| Beneficiaries) | |||||
| In case the LO fails to choose | • | CARP-LAD Form | |||
| his/her retention area within | No. 11 (Notice to | ||||
| the reglementary period | Landowner on the | ||||
| provided in this Order, the | Portion Selected as | ||||
| MARO identifies the location | Retention Area) | ||||
| and area of the LO's retention | |||||
| area based on Item IV(B)(7) | |||||
| of this Order. The MARO | |||||
| shall notify the concerned LO | |||||
| through personal service with | |||||
| proof of receipt or by | |||||
| registered mail with return | |||||
| card on the portion selected | |||||
| as his/her retention area. | |||||
| B.1.b | DARMO | Prepare the Retention Folder | • | Retention Folder | |
| which should include the OCI | - | Copy of CARP- | |||
| Report, the sketch map or | LAD Form No. 8 | ||||
| plan of the retained area | (Landowner's | ||||
| identified either by the LO or | Letter of | ||||
| the MARO, and copy of | Submission of | ||||
| Notice to Landowner on the | Sketch Map of | ||||
| Portion Selected as Retention | Selected | ||||
| Area and proof of service of | Retained Area | ||||
| said notice, when applicable. | and List of | ||||
| Nominated | |||||
| Preferred | |||||
| Beneficiaries) | |||||
| - | CARP-LAD | ||||
| Form No. 9 | |||||
| (Sketch Map of | |||||
| the Selected | |||||
| Retained Area) | |||||
| - | CARP-LAD | ||||
| Form No. 10 | |||||
| (OCI Report) | |||||
| - | Copy of CARP- | ||||
| LAD Form No. | |||||
| 11 (Notice to | |||||
| Landowner on | |||||
| the Portion | |||||
| Selected as | |||||
| Retention Area, | |||||
| if applicable) | |||||
| - | Proof of Service | ||||
| of the Notice to | |||||
| LO on the Portion | |||||
| Selected as | |||||
| Retention Area | |||||
| B.1.c | DARMO | Submit Retention Folder to | • | Retention Folder | |
| DARPO for review and | |||||
| evaluation. | |||||
| B.1.d | DARPO | Receive, record, review, and | • | Retention Folder | |
| evaluate the Retention Folder | • | CARP-LAD Form | |||
| submitted by DARMO. If the | No. 12 | ||||
| Retention Folder is in order, | (Certification of | ||||
| prepare the Certification of | Retention) | ||||
| Retention signed by the PARO | |||||
| and issue the same to | |||||
| the landowner through | |||||
| personal service with proof | |||||
| of receipt or by registered | |||||
| mail with return card. In | |||||
| case of incomplete data or | |||||
| information, notify the | |||||
| DARMO for appropriate | |||||
| action. | |||||
| B.1.e | Landowner | In case the LO opts for the | • | CARP-LAD Form | |
| immediate issuance of a title | No. 12 | ||||
| for his/her retention area after | (Certification of | ||||
| the issuance of Certification of | Retention) | ||||
| Retention by the PARO, he | |||||
| can request, in coordination | |||||
| with the PARO, the Registry | |||||
| of Deeds (ROD) to issue a | |||||
| title in the LO's name on the | |||||
| portion of his/her retained | |||||
| area based on the Owner's | |||||
| Duplicate Copy of title from | |||||
| the LO, Approved | |||||
| Segregation Plan, and | |||||
| technical description, and | |||||
| Certificate of Retention. | |||||
| All fees for the immediate | |||||
| segregation survey of the | |||||
| LO's retention area and the | |||||
| issuance of title on the same | |||||
| by the ROD shall be chargeable | |||||
| to the account of the LO. |
B.2 Landholdings Five (5) Hectares and Below
| B.2.a | Landowner | LOs who own lands five (5) | • | CARP-LAD Form |
| hectares or less may file a | No. 13 (Request for | |||
| request for the issuance of a | Certification of | |||
| Certification of Retention with | Retention) | |||
| the DAR Regional Office | • | LO's Affidavit of | ||
| (DARRO), DARPO or | sole and aggregate | |||
| DARMO, which should be | ownership of | |||
| accompanied by an affidavit | agricultural land | |||
| by the LO that the said | nationwide | |||
| landholding is his/her sole | ||||
| and aggregate ownership of | ||||
| agricultural land nationwide. | ||||
| B.2.b | DARRO/ | Upon receipt of the request | • | CARP-LAD Form |
| DARMO | for the issuance of | No. 13 (Request | ||
| Certification of Retention and | for Certification of | |||
| LO's Affidavit of sole and | Retention) | |||
| aggregate ownership of | • | LO's Affidavit of | ||
| agricultural land nationwide, | sole and aggregate | |||
| record and forward the same | ownership of | |||
| to the DARPO. | agricultural land | |||
| nationwide | ||||
| B.2.c | DARPO | Evaluate the LO's request for | • | CARP-LAD Form |
| the issuance of Certification | No. 13 (Request | |||
| of Retention and validate and | for Certification of | |||
| ensure that the LO has no | Retention) | |||
| other agricultural lands nor | • | LO's Affidavit of | ||
| has he previously availed of | sole and aggregate | |||
| the right to retention on any | ownership of | |||
| CARP covered land. | agricultural land | |||
| nationwide | ||||
| B.2.d | DARPO | Issue Certification of | • | CARP-LAD Form |
| Retention to the LO. | No. 12 (Certification | |||
| of Retention) |
B.3 Landholdings with Previous Orders of Retention
| B.3.a | DARPO | Based on its records, issue a | • | CARP-LAD Form |
| Certification of Retention to | No. 12 | |||
| LOs of all landholdings with | (Certification of | |||
| Orders of Retention | Retention) | |||
| previously issued by the | ||||
| Regional Director. |
B.4 Reports on All Lands Issued Certifications of Retention
| B.4.a | DARPO | Prepare a list of all | • | CARP-LAD Form |
| landholdings issued with | No. 14 (List of | |||
| Certifications of Retention | Landholdings with | |||
| and submit the same to the | Issued Certification | |||
| Bureau of Land Acquisition | of Retention) | |||
| and Distribution (BLAD) for | ||||
| purposes of creating a | ||||
| database on all lands subject | ||||
| of retention and landowners | ||||
| who have filed for the | ||||
| issuance of a Certification | ||||
| of Retention (for landholdings | ||||
| five (5) hectares and below), | ||||
| copy furnished the DARRO. | ||||
| This must be updated every | ||||
| quarter. |
C. LAND ACQUISITION PROCESSCARP-LAD Annex "G" for the Process Flow)
C.1 Lands Covered under Voluntary Offer to Sell (VOS)
| C.1.a | LO | • | Files VOS in any DAR | FOR TITLED | ||
| office through a notarized | PROPERTIES: | |||||
| Letter-Offer with | ||||||
| supporting basic | • | CARP-LAD Form | ||||
| ownership documents as | No. 15 | |||||
| stipulated under the | (Landowner's | |||||
| "Forms/Documents | Letter-Offer) | |||||
| required'" per Item | • | CARP-LAD Form | ||||
| V(C.1.a) of this Order. | No. 15A (Checklist | |||||
| of Required | ||||||
| Documents) | ||||||
| • | Certified copy of | |||||
| the original | ||||||
| OCT/TCI on file | ||||||
| with ROD and | ||||||
| photocopy of ODC, | ||||||
| if available | ||||||
| • | Certified Copy | |||||
| of latest Tax | ||||||
| Declaration in the | ||||||
| name of the | ||||||
| registered owner | ||||||
| duly certified by the | ||||||
| Municipal/City | ||||||
| Assessor | ||||||
| • | Copy of Approved | |||||
| Survey Plan | ||||||
| certified by the | ||||||
| DENR-LMS | ||||||
| • | CARP-LAD Form | |||||
| No. 16 (Landowner | ||||||
| Information Sheet | ||||||
| {LOIS} duly | ||||||
| accomplished and | ||||||
| signed by the LO) | ||||||
| FOR UNTITLED | ||||||
| PRIVATE | ||||||
| PROPERTIES: | ||||||
| • | CARP-LAD Form | |||||
| No. 15 | ||||||
| (Landowner's | ||||||
| Letter-Offer) | ||||||
| • | CARP-LAD Form | |||||
| No. 15A (Checklist | ||||||
| of Required | ||||||
| Documents) | ||||||
| • | Certification of the | |||||
| DENR-CENRO/ | ||||||
| PENRO or Regional | ||||||
| Technical Director, | ||||||
| Lands Management | ||||||
| Service, that the | ||||||
| tract of land | ||||||
| covered by the | ||||||
| survey is within an | ||||||
| area classified as | ||||||
| alienable and | ||||||
| disposable | ||||||
| pursuant to DAR- | ||||||
| DENR-LBP Joint | ||||||
| Memorandum | ||||||
| Circular No. 12, | ||||||
| Series of 1994 as | ||||||
| reconciled with | ||||||
| R.A. No. 9176 | ||||||
| • | Certified Approved | |||||
| Survey Plan or | ||||||
| cadastral map and | ||||||
| geographical | ||||||
| position and plane | ||||||
| coordination of the | ||||||
| points duly certified | ||||||
| by the Chief, | ||||||
| Survey Division | ||||||
| of DENR | ||||||
| • | Certified copy of | |||||
| the latest Tax | ||||||
| Declaration from | ||||||
| the Assessor's file | ||||||
| in the name of the | ||||||
| claimant with | ||||||
| verified and correct | ||||||
| lot numbers and | ||||||
| area per approved | ||||||
| survey plan | ||||||
| • | Instruments of | |||||
| acquisition covering | ||||||
| the subject property, | ||||||
| such as deeds of | ||||||
| sale, donation, | ||||||
| transfer, etc. in | ||||||
| favor of claimant | ||||||
| and those of his | ||||||
| predecessor/s- | ||||||
| in-interest | ||||||
| • | Certification of | |||||
| the Assessor | ||||||
| concerned showing | ||||||
| the Tax Declaration | ||||||
| issued, the | ||||||
| declarant/s, the | ||||||
| area covered, and | ||||||
| the basis for the | ||||||
| issuances and | ||||||
| cancellations | ||||||
| thereof up to the | ||||||
| Tax Declaration | ||||||
| issued in the name | ||||||
| of the claimant, as | ||||||
| well as any existing | ||||||
| liens on the current | ||||||
| and previous Tax | ||||||
| Declaration, where | ||||||
| applicable | ||||||
| • | Certification from | |||||
| the Clerk of Court | ||||||
| concerned whether | ||||||
| or not the | ||||||
| property/ies identified | ||||||
| in the approved | ||||||
| survey plan is/are | ||||||
| covered by land | ||||||
| registration | ||||||
| proceedings or any | ||||||
| civil case, and if | ||||||
| the same has been | ||||||
| used as a bond in | ||||||
| other court actions | ||||||
| • | Certification from | |||||
| the Assessor's | ||||||
| Office concerned | ||||||
| that per their | ||||||
| records, the | ||||||
| property/ies as | ||||||
| appearing in the | ||||||
| Approved Survey | ||||||
| Plan is/are free | ||||||
| from all liens | ||||||
| and encumbrances | ||||||
| • | LRA certification | |||||
| that the property | ||||||
| is not within any | ||||||
| decreed or titled | ||||||
| property | ||||||
| • | CARP-LAD Form | |||||
| No. 16 (Landowner | ||||||
| Information Sheet | ||||||
| {LOIS} duly | ||||||
| accomplished and | ||||||
| signed by the LO) | ||||||
| C.1.b | DARMO/ | Receive and review the basic | • | CARP-LAD Form | ||
| DARPO/ | documents enumerated under | No. 15 | ||||
| DARRO/ | Item V(C.1.a) of this Order for | (Landowner's | ||||
| DARCO- | completeness and require | Letter-Offer) | ||||
| BLAD | other applicable documents | • | CARP-LAD Form | |||
| under different situations. If | No. 15A (Checklist | |||||
| the documents are | of Required | |||||
| incomplete, require the LO to | Documents) | |||||
| submit the pertinent | • | Same documents | ||||
| document/s within thirty (30) | required under Item | |||||
| days from submission of | V(C.1.a) | |||||
| Letter-Offer. The application | • | CARP-LAD Annex | ||||
| shall not be accepted by any | '"B'" (List of | |||||
| of the receiving offices (i.e., | Documents | |||||
| DARMO, DARPO, DARRO, | Required under | |||||
| DARCO-BLAD) until all the | Different Situations) | |||||
| basic documents are | ||||||
| complied with by the LO. | ||||||
| C.1.c | DARMO/ | Forward the duly | ||||
| DARRO/ | accomplished Letter-Offer | |||||
| DARCO- | filed by the LO together with | |||||
| BLAD | complete basic documents to | |||||
| the DARPO of the province | ||||||
| where the property is located. | ||||||
| C.1.d | DARPO | Upon receipt and | • | CARP-LAD Annex | ||
| recording of the | '"B'" (List of | |||||
| documents forwarded by | Documents | |||||
| the DARMO/DARRO/ | Required under | |||||
| DARCO-BLAD, review | Different Situations) | |||||
| and evaluate the | ||||||
| documents applicable | ||||||
| under different situations | ||||||
| as stipulated in CARP- | ||||||
| LAD Annex '"B'". | ||||||
| • | Prepare and send to the | • | CARP-LAD Form | |||
| concerned LO the | No. 17 (Acceptance | |||||
| Acceptance Letter for VOS | Letter for VOS) | |||||
| duly signed by the PARO. | ||||||
| Thereafter, forward to the | ||||||
| DARMO a duplicate copy | ||||||
| of the Acceptance Letter | ||||||
| for VOS, together with the | ||||||
| Letter-Offer and basic | ||||||
| documents, with the | ||||||
| following instruction: | ||||||
| a. | Post the Letter-Offer | • | CARP-LAD Form | |||
| and Acceptance Letter | No. 7 (Certification | |||||
| for VOS for seven (7) | of Posting | |||||
| days at the barangay | Compliance) | |||||
| and municipal/city halls | ||||||
| where the property is | ||||||
| located and | ||||||
| subsequently obtain | ||||||
| Certification of Posting | ||||||
| Compliance from the | ||||||
| proper municipal or | ||||||
| barangay official; and | ||||||
| b. | Secure from LO the | |||||
| latest BIR-filed Audited | ||||||
| Financial Statement | ||||||
| supported by accounting | ||||||
| records which shall be | ||||||
| submitted by the LO | ||||||
| fifteen (15) days prior | ||||||
| to the date of field | ||||||
| investigation (FI). | ||||||
| C.1.e | DARMO | • | Comply with the | |||
| requirements as | ||||||
| enumerated under Item | ||||||
| V(C.1.d) of this Order. | ||||||
| • | Conduct preliminary field | • | CARP-LAD Form | |||
| verification on the | No. 1 (Preliminary | |||||
| landholding subject of joint | Information on | |||||
| field investigation using | Landholdings | |||||
| CARP-LAD Form No. 1. | Validated and | |||||
| Projected and | ||||||
| Subject of Joint | ||||||
| Field Investigation) |
C.2 Lands Covered under Compulsory Acquisition (CA)
| C.2.a | DARMO | Based on the Memorandum | • | Same documents | |
| to the MARO on the coverage | required under Item | ||||
| of agricultural lands (for lands | V(C.1.a) of this | ||||
| already issued with NOC as | Order except | ||||
| of December 10, 2009) or | CARP-LAD Form | ||||
| based on the NOC and | No. 15 | ||||
| posting of the same within | (Landowner's | ||||
| seven (7) days at the | Letter-Offer) | ||||
| barangay and municipal/city | • | CARP-LAD Form | |||
| halls where the property is | No. 1 (Preliminary | ||||
| located and the issuance of | Information on | ||||
| the Certification of Posting | Landholdings | ||||
| Compliance by the proper | Validated and | ||||
| municipal and barangay | Projected and | ||||
| official (for lands issued with | Subject of Joint | ||||
| NOC under this Order), the | Field Investigation) | ||||
| DARMO shall: | • | CARP-LAD Form | |||
| No. 7 (Certification | |||||
| 1. | conduct preliminary field | of Posting | |||
| verification on the | Compliance) | ||||
| landholding subject of | |||||
| joint investigation using | |||||
| CARP-LAD Form No. 1; | |||||
| and | |||||
| 2. | gather basic ownership | ||||
| documents per | |||||
| landholding as listed in | |||||
| CARP-LAD Form No. 1. |
C.3. Lands Covered under Voluntary Offer to Sell (VOS) or Compulsory
| C.3.a | DARMO | In the case of lands for | • | LGU-MAO | ||
| collective distribution, | certification on | |||||
| determine, in coordination | whether or not land | |||||
| with the Local Government | is economically | |||||
| Unit (LGU) — Municipal | feasible and sound | |||||
| Agriculture Office (MAO) and | to divide | |||||
| other concerned agencies, | ||||||
| whether or not it is | ||||||
| economically feasible and | ||||||
| sound to divide the land | ||||||
| based on the conditions | ||||||
| for the issuance of collective | ||||||
| CLOA-titles as provided | ||||||
| under Item IV(F)(4.1 to | ||||||
| 4.4) of this Order. A | ||||||
| corresponding certification | ||||||
| of the LGU-MAO or | ||||||
| other concerned agencies | ||||||
| shall be obtained. | ||||||
| If the conditions for | ||||||
| collective ownership so | ||||||
| warrant, inform the | ||||||
| qualified ARBs of the | ||||||
| need to form a farmers' | ||||||
| cooperative/association for | ||||||
| purposes of collective | ||||||
| distribution of the land to | ||||||
| them, if not yet existing. | ||||||
| In the case of lands that do | ||||||
| not meet the conditions for | ||||||
| collective ownership, such | ||||||
| lands shall be programmed | ||||||
| for distribution under | ||||||
| individual CLOA-titles. | ||||||
| C.3.b | DARMO and | Proceed with the screening | ||||
| BSC | and selection of potential | |||||
| ARBs and preparation of | ||||||
| master list of ARBs pursuant | ||||||
| to Item V(D) of this Order. | ||||||
| C.3.c | DARMO | Simultaneous with the on- | • | CARP-LAD Form | ||
| going preparation of the CF, | No. 18 (Requisition | |||||
| request the DARPO for land | for Survey Services | |||||
| use, segregation and | {RSS} Involving | |||||
| subdivision survey services | Lands for | |||||
| for landholdings subject of | Acquisition and | |||||
| acquisition and distribution. | Distribution) | |||||
| C.3.d | DARPO | Receive, record and | ||||
| review/evaluate the request | ||||||
| for survey and the documents | ||||||
| submitted by DARMO. In | ||||||
| case of incomplete | ||||||
| documents, data or | ||||||
| information, notify the | ||||||
| DARMO for appropriate | ||||||
| action. | ||||||
| If the documents, data or | ||||||
| information are complete and | ||||||
| in order, approve the request | ||||||
| for survey based on the | ||||||
| priority areas of the province, | ||||||
| and prepare survey modules | ||||||
| by administration or by | ||||||
| contract in accordance with | ||||||
| the existing guidelines on | ||||||
| bidding and award of CARP | ||||||
| survey projects. | ||||||
| C.3.e | DAR Geodetic | In coordination with the | • | Copy of | ||
| Engineer/ | concerned DARMO, conduct | Segregation and | ||||
| Surveyor- | actual land use, segregation | Subdivision Survey | ||||
| Contractor | and subdivision surveys of | Returns | ||||
| the landholding. Thereafter, | • | Copy of Land Use | ||||
| prepare Land Use Map, and | Map | |||||
| Segregation and Subdivision | ||||||
| Survey Returns, and submit | ||||||
| the same to the DARPO. | ||||||
| During the conduct of survey, | ||||||
| the DARMO shall ensure that | ||||||
| the monuments of survey are | ||||||
| planted in the subject | ||||||
| landholding. | ||||||
| C.3.f | DARPO | • | Ensure that the Land Use | • | Segregation and | |
| Map, and Survey Returns | Subdivision Survey | |||||
| (segregation and | Returns | |||||
| subdivision) are in order | • | Copy of Land Use | ||||
| and complete. | Map | |||||
| • | Submit the Survey Returns | |||||
| (segregation and survey) | ||||||
| to the DARRO. | ||||||
| C.3.g | DARRO | • | Receive, review and evaluate | |||
| the Survey Returns and | ||||||
| submit the same to DENR- | ||||||
| LMS for approval. | ||||||
| C.3.h | DARPO | • | Forward to DARMO the | • | Schedule of Field | |
| following: | Investigation (FI) | |||||
| 1. | schedule of field | |||||
| investigation (FI) of | ||||||
| landholdings for | ||||||
| barangays in proximity | ||||||
| of each other for | ||||||
| purposes of optimizing | ||||||
| time and resources; | ||||||
| 2. | Land Use Map; and | |||||
| 3. | copy of segregation | |||||
| and subdivision plans | ||||||
| pending approval at | ||||||
| the DENR-LMS. | ||||||
| • | Coordinate with the LBP | |||||
| regarding the conduct of | ||||||
| FI, particularly as regards | ||||||
| failure of LO, if applicable, | ||||||
| to submit BIR-filed Audited | ||||||
| Financial Statement. This | ||||||
| is for purposes of | ||||||
| gathering applicable | ||||||
| industry data by the LBP | ||||||
| staff for use during the FI. | ||||||
| C.3.i | DARMO | Upon receipt of the | ||||
| documents enumerated in | ||||||
| Item V(C.3.h) of this Order, | ||||||
| the following shall be | ||||||
| undertaken: | ||||||
| a. | Secure from the LO the | • | CARP-LAD Form | |||
| latest BIR-filed Audited | No. 19 | |||||
| Financial Statement | (Certification on | |||||
| supported by accounting | Landowner's | |||||
| records fifteen (15) days | Failure to Submit | |||||
| prior to the date of FI. In | BIR-filed Audited | |||||
| case the LO fails to submit | Financial | |||||
| the said document, issue a | Statement) or LO's | |||||
| certification regarding this. | BIR-filed Audited | |||||
| Financial | ||||||
| Statement | ||||||
| supported by | ||||||
| accounting records | ||||||
| b. | Prepare and submit to | • | CARP-LAD Form | |||
| DARPO the corresponding | No. 20 (CF | |||||
| CF containing the | Transmittal | |||||
| following: | Memorandum) | |||||
| - | Basic documents | |||||
| enumerated in Item | ||||||
| V(C.1.a) of this Order; | ||||||
| - | BIR-filed Audited | |||||
| Financial Statement or | ||||||
| in the absence thereof, | ||||||
| certification on LO's | ||||||
| failure to submit the | ||||||
| said document; | ||||||
| - | CARP-LAD Form No. 1 | |||||
| (Preliminary | ||||||
| Information on | ||||||
| Landholding Validated | ||||||
| and Projected and | ||||||
| Subject of Joint Field | ||||||
| Investigation) | ||||||
| - | Land Use Map, | |||||
| Segregation and | ||||||
| Subdivision Plans still | ||||||
| pending approval; and | ||||||
| - | Other pertinent | |||||
| documents | ||||||
| c. | Send notice to Barangay | • | CARP-LAD Form | |||
| Agrarian Reform Council | No. 21 (Notice to | |||||
| (BARC) and potential | Conduct Field | |||||
| ARBs and invite the LO, | Investigation) | |||||
| DENR, LGU-MAO (if | • | CARP-LAD Form | ||||
| necessary) to the | No. 22 (Invitation | |||||
| scheduled field | Letter to the LO on | |||||
| investigation (FI) at least | the conduct of FI) | |||||
| fifteen (15) days prior to | ||||||
| the date of the FI. | ||||||
| C.3.j | DARPO | Receive and review the CF | ||||
| for completeness of initial | ||||||
| documentation. If the | ||||||
| documents, data or | ||||||
| information are complete, | ||||||
| provide a copy of documents | ||||||
| attached in the CF to LBP for | ||||||
| use in the FI. In case of | ||||||
| incomplete documents, data | ||||||
| or information, inform the | ||||||
| DARMO for appropriate | ||||||
| action. | ||||||
| C.3.k | DARMO, | Conduct FI of the property on | • | CARP-LAD Form | ||
| BARC, LBP, | the scheduled date together | No. 23 (Field | ||||
| LO, Potential | with representatives of LBP, | Investigation | ||||
| ARBs | BARC, LO and potential | Report) | ||||
| ARBs, and if necessary, the | • | LGU-MAO | ||||
| DENR and/or LGU-MAO. | Certification on the | |||||
| Thereafter, prepare the Field | suitability of land to | |||||
| Investigation Report (FIR) and | agriculture, if | |||||
| submit the same to the | necessary | |||||
| DARPO. | • | DENR Certification | ||||
| on the slope of the | ||||||
| land covered under | ||||||
| CARP, if necessary | ||||||
| C.3.l | DARPO | If there are discrepancies | ||||
| between the Field | ||||||
| Investigation Report (FIR) | ||||||
| submitted by the DARMO and | ||||||
| the Segregation and | ||||||
| Subdivision Plans that are | ||||||
| pending approval at the | ||||||
| DENR-LMS, coordinate with | ||||||
| the Geodetic Engineer of | ||||||
| DAR/surveyor-contractor to | ||||||
| resolve the discrepancies and | ||||||
| submit the corrected | ||||||
| Segregation and Subdivision | ||||||
| Plan to the DARRO. | ||||||
| C.3.m | DARRO | Submit the corrected | ||||
| Segregation and Subdivision | ||||||
| Plan to the DENR-Land | ||||||
| Management Service (LMS). | ||||||
| C.3.n | DENR-LMS | Issue to the DARRO the | ||||
| approved segregation and | ||||||
| subdivision plan with | ||||||
| technical description. | ||||||
| C.3.o | DARRO | Upon return by the DENR- | ||||
| LMS of the Approved | ||||||
| Segregation Plan and | ||||||
| Approved Subdivision Plan | ||||||
| (ASP), with technical | ||||||
| description, forward the same | ||||||
| to the DARPO. | ||||||
| C.3.p | DARPO | Upon receipt of the DENR- | • | Approved | ||
| LMS Approved Segregation | Segregation Plan | |||||
| Plan and Approved | and Approved | |||||
| Subdivision Plan (ASP) with | Subdivision Plan | |||||
| technical description of the | with Technical | |||||
| subject property from the | Description | |||||
| DARRO, record and furnish | ||||||
| the DARMO and Assessor's | ||||||
| Office a copy of the same | ||||||
| for reference. |
D. IDENTIFICATION, SCREENING AND SELECTION OFCARP-LAD Annex "H" for the Process Flow)
D.1 Identification and Preparation of Preliminary List of Potential
| D.1.a | DARMO | With the assistance of the | |||
| DARPO, and in coordination | |||||
| with the BARC, or in the | |||||
| absence thereof, the | |||||
| Barangay Council and | |||||
| concerned non-government | |||||
| organizations/people's | |||||
| organizations (NGOs/POs), | |||||
| undertake information | |||||
| dissemination on the activities | |||||
| for the identification, | |||||
| screening and selection of | |||||
| ARBs through "bandillo" | |||||
| mobile system, distribution of | |||||
| flyers, farmers' assembly or | |||||
| meetings and other means | |||||
| such as the use of the tri- | |||||
| media (e.g., radio, local | |||||
| newspapers, local television | |||||
| networks). | |||||
| D.1.b | DARMO | Gather information on the | |||
| potential beneficiaries of the | |||||
| subject landholding with the | |||||
| assistance of the BARC, or in | |||||
| the absence thereof, the | |||||
| Barangay Council and all | |||||
| other reliable sources of | |||||
| information in the community, | |||||
| to include pertinent | |||||
| information drawn from the | |||||
| initial OCI/reconnaissance | |||||
| activity under Item V(B.1.a) | |||||
| of this Order, employment | |||||
| records or payrolls in the case | |||||
| of commercial farms or | |||||
| plantations. | |||||
| D.1.c | DARMO | Prepare the preliminary list of | • | CARP-LAD Form | |
| potential ARBs, including the | No. 24 (Preliminary | ||||
| names of LO's preferred | List of Potential | ||||
| beneficiaries, if any. | Agrarian Reform | ||||
| Beneficiaries of | |||||
| CARP) | |||||
| D.1.d | DARMO | Cause the posting of the | • | CARP-LAD Form | |
| preliminary list of potential | No. 24 (Preliminary | ||||
| beneficiaries in the specific | List of Potential | ||||
| landholding for a period of | Agrarian Reform | ||||
| fifteen (15) days in at least | Beneficiaries of | ||||
| three (3) conspicuous places: | CARP) | ||||
| 1. | in the respective barangay | ||||
| halls of the barangays | |||||
| where the landholding is | |||||
| located; | |||||
| 2. | in the municipal halls of | ||||
| the municipalities where | |||||
| the landholding is located; | |||||
| and | |||||
| 3. | in other conspicuous | ||||
| places in the community, | |||||
| commercial farm or | |||||
| plantation, as the case | |||||
| may be. | |||||
| The preliminary list shall be | |||||
| posted in a bulletin board | |||||
| shielded from the elements | |||||
| and with ample space to | |||||
| accommodate all the names | |||||
| of the potential ARBs. | |||||
| The preliminary list of | • | CARP-LAD Form | |||
| potential beneficiaries in the | No. 25, (Request/ | ||||
| specific landholding shall be | Petition to be | ||||
| accompanied by information | Included as | ||||
| on the inclusion of the | Potential ARB in | ||||
| potential ARBs in the | the Preliminary List | ||||
| preliminary list and a general | of Agrarian Reform | ||||
| announcement written in both | Beneficiaries) | ||||
| English and the local dialect, | |||||
| enjoining other parties who | |||||
| are not in the preliminary list, | |||||
| if any, to signify their intent or | |||||
| interest to the DARMO to be | |||||
| included as potential ARBs in | |||||
| the specific landholding if | |||||
| qualified. Information shall | |||||
| instruct the listed potential | |||||
| ARBs and other concerned | |||||
| parties to submit to the | |||||
| DARMO within fifteen (15) | |||||
| days from the last day of | |||||
| posting of the said list, which | |||||
| should be stipulated therein, | |||||
| any or all of the following | |||||
| documents as proof of their | |||||
| identity and qualification as | |||||
| an ARB: | |||||
| a. | Community Tax Certificate | ||||
| (cedula) or barangay | |||||
| certificate indicating | |||||
| potential ARBs as | |||||
| permanent or bonafide | |||||
| residents of the barangay; | |||||
| b. | Social Security System | ||||
| (SSS) identification card | |||||
| for farmworkers; | |||||
| c. | Voter's identification card | ||||
| or certified copy of voter's | |||||
| registration record; | |||||
| d. | Other identification | ||||
| documents with probative | |||||
| value. | |||||
| e. | Certificate of aggregate | ||||
| land owned by the ARB | |||||
| from the city/municipal | |||||
| assessor, land titles, tax, | |||||
| declarations, as the case | |||||
| may be; | |||||
| f. | Leasehold contract and/or | ||||
| proof of tenancy papers, if | |||||
| available; | |||||
| g. | Employment certificate | ||||
| indicating length of service | |||||
| and/or periods of | |||||
| employment in the | |||||
| commercial farm or | |||||
| plantation, if applicable; | |||||
| h. | Payslips or payroll if | ||||
| applicable; | |||||
| i. | Original or certified copy | ||||
| of notice of dismissal or | |||||
| retrenchment for | |||||
| farmworker beneficiaries; | |||||
| j. | Original or certified copy of | ||||
| decision, order or ruling by | |||||
| a court, quasi-judicial body | |||||
| or administrative agency | |||||
| in the event that there was | |||||
| a case related to the | |||||
| dismissal, retrenchment, | |||||
| etc., of the potential ARB; | |||||
| k. | Original or certified copy of | ||||
| letter of resignation for | |||||
| farmworker beneficiaries; | |||||
| and | |||||
| l. | Other documents which | ||||
| can establish the | |||||
| qualifications of the | |||||
| potential beneficiary in a | |||||
| landholding, commercial | |||||
| farm, or plantation. | |||||
| D.1.e | DARMO | After the required fifteen-day | • | CARP-LAD Form | |
| period, obtain a Certification | No. 26 | ||||
| of Posting Compliance from | (Certification of | ||||
| barangay/municipal officials, | Posting | ||||
| and/or other authorized | Compliance for List | ||||
| officials in the community, | of ARBS) | ||||
| indicating therein the inclusive | |||||
| days of posting. | |||||
| D.1.f | DARMO | • | Schedule the conduct of a | ||
| meeting with potential | |||||
| ARBs in the preliminary | |||||
| list and those who may | |||||
| have signified their | |||||
| qualification and intent to | |||||
| be included as farmer | |||||
| beneficiary in the subject | |||||
| landholding, commercial | |||||
| farm or plantation, which | |||||
| shall be held not later than | |||||
| thirty (30) days from the | |||||
| last day of posting of the | |||||
| Preliminary List of ARBs. | |||||
| • | In the case of commercial | ||||
| farms, plantations and | |||||
| other landholdings | |||||
| qualified for collective | |||||
| distribution, the schedule | |||||
| of this meeting must be | |||||
| coordinated with the | |||||
| Beneficiary Screening | |||||
| Committee (BSC) at the | |||||
| DARPO to ensure its | |||||
| presence and participation | |||||
| during the meeting with | |||||
| the potential beneficiaries | |||||
| as provided under Item V | |||||
| (D.2.a) of this Order. | |||||
| D.1.g | DARMO | • | Send Invitation Letters by | • | (CARP-LAD Form |
| personal service or by | No. 27 (Invitation | ||||
| registered mail with return | Letter) | ||||
| card to potential | |||||
| beneficiaries in the | • | (CARP-LAD Form | |||
| preliminary list and all | No. 28 (General | ||||
| those who may have | Notice to All | ||||
| signified their qualification | Interested Parties) | ||||
| and intent for inclusion in | |||||
| the preliminary list | |||||
| regarding the schedule of | |||||
| meeting and post a | |||||
| general notice on the | |||||
| same at the three (3) | |||||
| conspicuous places | |||||
| enumerated under Item V | |||||
| (D.1.d) of this Order. | |||||
| The Invitation Letters | |||||
| regarding the notice of | |||||
| meeting shall state that | |||||
| the potential beneficiaries | |||||
| and other concerned | |||||
| parties should bring with | |||||
| them all pertinent and | |||||
| available documents | |||||
| provided under Item V | |||||
| (D.1.d) of this Order as | |||||
| proof of their identity and | |||||
| qualification as an ARB, if | |||||
| not yet submitted. | |||||
| • | For invitation letters | • | (CARP-LAD Form | ||
| regarding the schedule of | No. 29 (Proof of | ||||
| meeting served by mail or | Service of Invitation | ||||
| personal service and | Letter) | ||||
| positively acknowledged | |||||
| or received by the | |||||
| potential ARB and other | |||||
| concerned parties, the | |||||
| DARMO shall accomplish | |||||
| Item I of CARP-LAD Form | |||||
| No. 29 (Proof of Service of | |||||
| Invitation Letter), as proof | |||||
| of personal service to be | |||||
| placed on file. In case the | |||||
| potential ARB refuses to | |||||
| receive/accept the | |||||
| invitation letter on notice of | |||||
| meeting, the DARMO shall | |||||
| fill-up/accomplish Item II of | |||||
| the same form. |
D.2 Screening and Preparation of Updated Preliminary List of Agrarian
| D.2.a | DARMO | • | With the assistance of the | • | CARP-LAD Form | |
| BARC, conduct a meeting | No. 30 (Agrarian | |||||
| on the scheduled date with | Reform Beneficiary | |||||
| the potential beneficiaries | Application Form) | |||||
| in the preliminary list and | ||||||
| other concerned parties, if | ||||||
| any, and undertake the | ||||||
| following: | ||||||
| a. | Explain in the local | |||||
| dialect, the qualifications, | ||||||
| rights, responsibilities | ||||||
| and obligations of ARBs | ||||||
| and the identification and | ||||||
| screening process for | ||||||
| ARBs; | ||||||
| b. | Individually interview all | |||||
| potential ARBs in the | ||||||
| preliminary list and | ||||||
| concerned parties for the | ||||||
| determination of | ||||||
| qualifications and the | ||||||
| initial review of | ||||||
| documents; | ||||||
| c. | Assist potential | |||||
| beneficiary-applicants in | ||||||
| accomplishing the | ||||||
| Beneficiary Application | ||||||
| Form; and | ||||||
| d. | Discuss issues and | |||||
| concerns on | ||||||
| qualifications of potential | ||||||
| ARBs in the preliminary | ||||||
| list and those who may | ||||||
| have signified | ||||||
| qualification and intent | ||||||
| for inclusion in the | ||||||
| preliminary list. | ||||||
| • | In the case of commercial | |||||
| farms and plantations and | ||||||
| lands qualified for | ||||||
| collective distribution, the | ||||||
| BSC must be present at | ||||||
| this meeting and take the | ||||||
| lead, in coordination with | ||||||
| the MARO, in the | ||||||
| aforementioned activities | ||||||
| enumerated under Item V | ||||||
| (D.2.a)(a-d) of this Order. | ||||||
| D.2.b | DARMO | In close coordination with the | ||||
| BARC, review and evaluate | ||||||
| the potential beneficiaries' | ||||||
| application forms vis-a-vis | ||||||
| documents/evidence | ||||||
| submitted and ensure that | ||||||
| based on the information from | ||||||
| the applicant himself or other | ||||||
| persons and the available | ||||||
| documents, the qualifications | ||||||
| provided in Item IV(E)(1) of | ||||||
| this Order are met. | ||||||
| D.2.c | DARMO | If the potential ARBs | • | CARP-LAD Form | ||
| evaluated qualify as | No. 31 (Notice of | |||||
| beneficiaries, sustain or | Disqualification as | |||||
| include, as the case may be, | Agrarian Reform | |||||
| their names in the preliminary | Beneficiary) | |||||
| list. The potential ARBs who | ||||||
| do not meet the qualifications | ||||||
| provided in Item IV(E)(1) of | ||||||
| this Order shall be excluded | ||||||
| from the preliminary list and | ||||||
| informed accordingly through | ||||||
| personal service or registered | ||||||
| mail with return card. | ||||||
| D.2.d | DARMO | Prepare an Updated | • | CARP-LAD Form | ||
| Preliminary List of Potential | No. 32 (Updated | |||||
| Beneficiaries of CARP for | Preliminary List of | |||||
| subsequent ranking and | Potential | |||||
| prioritization pursuant to | Beneficiaries of | |||||
| Section 8 of R.A. No. 9700 | CARP) | |||||
| and Section 22 of R.A. No. | ||||||
| 6657, as amended, and Item V | ||||||
| (D.3.1.d) of this Order, and | ||||||
| the preparation of the master | ||||||
| list of ARBs. | ||||||
| D.2.e | DARMO | For commercial farms, | ||||
| plantations and other | ||||||
| landholdings which qualify for | ||||||
| collective distribution under | ||||||
| Item IV(F)(4.1 to 4.4) of this | ||||||
| Order, DARMO shall submit | ||||||
| the updated preliminary list of | ||||||
| potential ARBs, together with | ||||||
| application forms and | ||||||
| supporting documents/ | ||||||
| evidence, to the Beneficiary | ||||||
| Screening Committee (BSC) | ||||||
| through the Provincial | ||||||
| Agrarian Reform Officer | ||||||
| (PARO). | ||||||
| D.2.1.f | DARMO | For landholdings subject to | ||||
| individual distribution, cause | ||||||
| the posting of the updated | ||||||
| preliminary list of potential | ||||||
| ARBs for fifteen (15) days in | ||||||
| at least three (3) conspicuous | ||||||
| places as enumerated under | ||||||
| Item V(D.1.d) of this Order: | ||||||
| The updated preliminary list | ||||||
| of potential ARBs shall | ||||||
| contain a statement written in | ||||||
| both English and in the local | ||||||
| dialect that concerned parties | ||||||
| may submit to the DARMO a | ||||||
| petition for inclusion or | ||||||
| exclusion from the said list | ||||||
| within fifteen (15) days from | ||||||
| the last day of posting, which | ||||||
| should be stipulated therein. | ||||||
| D.2.1.g | DARMO | Obtain certification of posting | • | CARP-LAD Form | ||
| compliance from the proper | No. 26 | |||||
| municipal and barangay | (Certification of | |||||
| officials after the fifteen (15) | Posting | |||||
| day posting period, indicating | Compliance for List | |||||
| therein the inclusive dates of | of ARBs) | |||||
| posting. |
D.3 Selection and Preparation of the Master List of Agrarian Reform
D.3.1 Agrarian Reform Beneficiaries (ARBs) in Landholdings Subject to
| D.3.1.a | DARMO | After the lapse of the fifteen | ||||
| (15) day posting period, | ||||||
| conduct a field validation in | ||||||
| the subject landholding on the | ||||||
| updated preliminary list of | ||||||
| ARBs to further verify the | ||||||
| identity and qualifications of | ||||||
| the potential beneficiary/ies | ||||||
| therein. | ||||||
| D.3.1.b | DARMO | Re-evaluate the potential | ||||
| beneficiaries in the updated | ||||||
| preliminary list of potential | ||||||
| ARBs based on the field | ||||||
| validation and | ||||||
| documents/evidence | ||||||
| available. | ||||||
| D.3.1.c | DARMO | In case one or more | • | CARP-LAD Form | ||
| conditions for disqualification | No. 31 (Notice of | |||||
| provided under Item IV(E)(3) | Disqualification as | |||||
| of this Order is present, | Agrarian Reform | |||||
| exclude disqualified | Beneficiary) | |||||
| applicants from the updated | ||||||
| preliminary list of potential | ||||||
| ARBs. Thereafter, send a | ||||||
| Notice of Disqualification, | ||||||
| citing the reason/s therefor, | ||||||
| through personal delivery or | ||||||
| registered mail with return | ||||||
| card. | ||||||
| D.3.1.d | DARMO | • | Prepare the master list of | • | CARP-LAD Form | |
| ARBs and prioritize and | No. 33 (Master List | |||||
| classify each qualified | of Agrarian Reform | |||||
| ARB, pursuant to Section | Beneficiaries) | |||||
| 22 of R.A. No. 6657, as: | ||||||
| a. | Agricultural lessees | |||||
| and share tenants; | ||||||
| b. | Regular farmworkers; | |||||
| c. | Seasonal farmworkers; | |||||
| d. | Other farmworkers; | |||||
| e. | Actual tillers or | |||||
| occupants of public | ||||||
| lands; | ||||||
| f. | Collectives or | |||||
| cooperatives of the | ||||||
| above beneficiaries; | ||||||
| and | ||||||
| g. | Others directly working | |||||
| on the land. | ||||||
| • | Post the master list of | • | CARP-LAD Form | |||
| ARBs for fifteen (15) days | No. 33 (Master List | |||||
| in designated areas as | of Agrarian Reform | |||||
| provided in Item V(D.1.d) | Beneficiaries) | |||||
| of this Order. The master | • | CARP-LAD Form | ||||
| list of ARBs shall be | No. 34 (Notice — | |||||
| accompanied by a notice | Master List of | |||||
| containing a statement | Agrarian Reform | |||||
| that concerned parties | Beneficiaries) | |||||
| may file protest on the | ||||||
| said master list of ARBs | ||||||
| within fifteen (15) days | ||||||
| from the last day of | ||||||
| posting. | ||||||
| D.3.1.e. | DARMO | Obtain a certification of | • | CARP-LAD Form | ||
| posting compliance from the | No. 26 | |||||
| proper municipal and | (Certification of | |||||
| barangay officials after the | Posting | |||||
| fifteen (15) day posting | Compliance for List | |||||
| period, indicating therein the | of ARBs) | |||||
| inclusive dates of posting. | ||||||
| D.3.1.f | DARMO | If no protest is filed within | • | CARP-LAD Form | ||
| fifteen (15) days from the last | No. 33-A (Master | |||||
| day of posting of the master | List of Agrarian | |||||
| list, submit the master list of | Reform | |||||
| ARBs to the BARC for | Beneficiaries with | |||||
| certification and LO | Provision on BARC | |||||
| attestation. | Certification and LO | |||||
| Attestation) |
D.3.2 Agrarian Reform Beneficiaries (ARBs) in Commercial Farms,
| D.3.2.a | BSC | Review, verify and validate | • | CARP-LAD Form | ||
| the updated preliminary list of | No. 32 (Updated | |||||
| potential ARBs submitted by | Preliminary List of | |||||
| the DARMO through the ARB | Potential ARBs of | |||||
| application forms and other | CARP) | |||||
| supporting documents, and | ||||||
| finalize the same based on its | ||||||
| evaluation, fifteen (15) days | ||||||
| from receipt of the updated | ||||||
| preliminary list of potential | ||||||
| ARBs from the DARMO. | ||||||
| D.3.2.b | BSC | Cause the posting of the | ||||
| updated preliminary list of | ||||||
| potential ARBs for fifteen (15) | ||||||
| days in at least three (3) | ||||||
| conspicuous places as | ||||||
| enumerated under item | ||||||
| V(D.1.d) of this Order: | ||||||
| The updated preliminary list | ||||||
| of potential ARBs shall | ||||||
| contain a statement written in | ||||||
| both English and in the local | ||||||
| dialect that concerned parties | ||||||
| may submit to the BSC | ||||||
| through the PARO, a petition | ||||||
| for inclusion or exclusion from | ||||||
| the said list within fifteen (15) | ||||||
| days from the last day of | ||||||
| posting, which should be | ||||||
| stipulated therein. | ||||||
| D.3.2.c | BSC | Obtain Certification of Posting | • | CARP-LAD Form | ||
| Compliance from the proper | No. 26 | |||||
| municipal and barangay | (Certification of | |||||
| officials after the fifteen (15) | Posting | |||||
| day posting period, indicating | Compliance for List | |||||
| therein the inclusive dates of | of ARBs) | |||||
| posting. | ||||||
| D.3.2.d | BSC | Schedule the conduct of a | ||||
| public hearing for petitions for | ||||||
| inclusion and exclusion from | ||||||
| the updated preliminary list of | ||||||
| potential ARBs, if any. Said | ||||||
| public hearing/s should | ||||||
| commence no later than thirty | ||||||
| (30) days from the last day of | ||||||
| posting of the updated | ||||||
| preliminary list of potential | ||||||
| ARBs. | ||||||
| D.3.2.e | BSC | Send by registered mail with | • | CARP-LAD Form | ||
| return card, Notice of Public | No. 35 (Notice of | |||||
| Hearing to all potential ARBs, | Public Hearing) | |||||
| which should also be posted | • | CARP-LAD Form | ||||
| in at least three (3) | No. 35-A (General | |||||
| conspicuous places in the | Notice of Public | |||||
| commercial farm, plantation | Hearing) | |||||
| or landholding qualified for | ||||||
| collective distribution. | ||||||
| D.3.2.f | BSC | Conduct the public hearing/s | ||||
| on the scheduled date/s with | ||||||
| those who submitted petitions | ||||||
| or protests on the updated | ||||||
| preliminary list of potential | ||||||
| ARBs or other concerned | ||||||
| parties. | ||||||
| D.3.2.g | BSC | Within thirty (30) days after | • | CARP-LAD Form | ||
| the conclusion of public | No. 31 (Notice of | |||||
| hearing/s, evaluate the ARB's | Disqualification as | |||||
| qualifications based on the | Agrarian Reform | |||||
| proceedings and documents. | Beneficiary) | |||||
| In case one or more | ||||||
| conditions for disqualification | ||||||
| provided under Item IV(E)(3) | ||||||
| of this Order is present, | ||||||
| exclude disqualified | ||||||
| applicants from the updated | ||||||
| preliminary list of potential | ||||||
| ARBs. Thereafter, send a | ||||||
| Notice of Disqualification | ||||||
| citing the reason/s therefor, | ||||||
| through personal delivery or | ||||||
| registered mail with return | ||||||
| card. | ||||||
| D.3.2.h | BSC | Prepare the master list of | • | CARP-LAD Form | ||
| ARBs, and prioritize and | No. 33 (Master List | |||||
| classify each qualified ARB, | of Agrarian Reform | |||||
| pursuant to Section 22 of R.A. | Beneficiaries) | |||||
| No. 6657, as amended: | ||||||
| a. | Agricultural lessees and | |||||
| share tenants; | ||||||
| b. | Regular farmworkers; | |||||
| c. | Seasonal farmworkers; | |||||
| d. | Other farmworkers; | |||||
| e. | Actual tillers or occupants | |||||
| of public lands; | ||||||
| f. | Collectives or | |||||
| cooperatives of the above | ||||||
| beneficiaries; | ||||||
| g. | Others directly working on | |||||
| the land. | ||||||
| D.3.2.i | BSC | Post the master list in the | • | CARP-LAD Form | ||
| same manner and for the | No. 33 (Master List | |||||
| same purpose as provided | of Agrarian Reform | |||||
| under Item V.D.1.d of this | Beneficiaries) | |||||
| Order. The Master List of | • | CARP-LAD Form | ||||
| ARBs should be | No. 34 (Notice — | |||||
| accompanied by a notice | Master List of | |||||
| containing a statement that | ARBs) | |||||
| concerned parties may file | ||||||
| protest on the said Master | ||||||
| List of ARBs within fifteen | ||||||
| (15) days from the last day | ||||||
| of posting. | ||||||
| D.3.2.j | BSC | Obtain a Certification of | • | CARP-LAD Form | ||
| Posting Compliance from the | No. 26 | |||||
| proper municipal and | (Certification of | |||||
| barangay officials after the | Posting | |||||
| fifteen (15) day posting | Compliance for List | |||||
| period, indicating therein the | of ARBs) | |||||
| inclusive dates of posting. | ||||||
| D.3.2.k | BSC | In case no protest is filed | • | CARP-LAD Form | ||
| within fifteen (15) days from | No. 33-A (Master | |||||
| the last day of posting of the | List of Agrarian | |||||
| master list, transmit the | Reform | |||||
| master list to the DARMO for | Beneficiaries with | |||||
| BARC certification and LO | Provision on BARC | |||||
| attestation. | Certification and | |||||
| LO Attestation) | ||||||
| D.3.2.l | DARMO | In case majority of the | ||||
| qualifying ARBs opt for | ||||||
| collective ownership and the | ||||||
| landholding is not feasible | ||||||
| and sound to divide, based on | ||||||
| the conditions for the | ||||||
| issuance of collective titles as | ||||||
| provided under Item IV(F) | ||||||
| (4.1 to 4.4) of this Order, the | ||||||
| following shall be undertaken: | ||||||
| 1. | Facilitate the | |||||
| organization and | ||||||
| registration of the | ||||||
| association or cooperative | ||||||
| in coordination with the | ||||||
| appropriate government | ||||||
| agencies, i.e., Cooperative | ||||||
| Development Authority | ||||||
| (CDA), Securities and | ||||||
| Exchange Commission | ||||||
| (SEC) or appropriate | ||||||
| non-government agencies, | ||||||
| where applicable. | ||||||
| 2. | Require the ARBs' | |||||
| cooperative/association | ||||||
| to submit the following | ||||||
| documents: cDICaS | ||||||
| - | Board Resolution | |||||
| authorizing the specific | ||||||
| member/s of the | ||||||
| association or | ||||||
| cooperative to sign the | ||||||
| application form on | ||||||
| behalf of the | ||||||
| association or | ||||||
| cooperative; and | ||||||
| - | Articles of | |||||
| Incorporation and By- | ||||||
| Laws of the | ||||||
| cooperative or | ||||||
| association. | ||||||
| 3. | In the event that there are | |||||
| two (2) or more | ||||||
| cooperatives or | ||||||
| associations in the | ||||||
| landholding, determine the | ||||||
| specific area to be allotted | ||||||
| to each cooperative or | ||||||
| association by the drawing | ||||||
| of lots in the presence of | ||||||
| all parties concerned. |
D.4 Resolution of Protest in the Selection of
| D.4.a | Potential | File a written protest for the | ||
| ARB/s or | inclusion in or exclusion from | |||
| Concerned | the master list of ARBs with | |||
| Parties | the DARPO, not later than | |||
| fifteen (15) days from the last | ||||
| day of posting of the master | ||||
| list. | ||||
| D.4.b | PARO | In the case of commercial | ||
| farms, plantations, and | ||||
| landholdings qualified for | ||||
| collective distribution, order | ||||
| the BSC to submit all | ||||
| pertinent records/documents | ||||
| of the case and conduct an | ||||
| investigation on the matter. | ||||
| D.4.c | PARO | Resolve the petition/protest | ||
| within thirty (30) days from | ||||
| receipt of petition/protest | ||||
| through summary | ||||
| proceedings. | ||||
| D.4.d | PARO | Pursuant to his/her decision, | ||
| instruct the MARO and the | ||||
| BSC, as the case may be, to | ||||
| include in the master list the | ||||
| names of qualified potential | ||||
| ARBs and/or to exclude the | ||||
| disqualified ARBs. | ||||
| Simultaneously inform all | ||||
| parties concerned of his | ||||
| decision through registered | ||||
| mail or personal service, copy | ||||
| furnished the MARO. | ||||
| D.4.e | DARMO | Based on the PARO's | • | CARP-LAD Form |
| and BSC | decision and instruction/s, | No. 33-A (Master | ||
| finalize the master list of | List of Agrarian | |||
| ARBs for subsequent BARC | Reform | |||
| certification and LO | Beneficiaries with | |||
| attestation. | Provision on BARC | |||
| Certification and | ||||
| LO Attestation) | ||||
| D.4.f | BSC | Transmit finalized master list | • | CARP-LAD Form |
| of ARBs to the MARO for | No. 33-A (Master | |||
| BARC certification and LO | List of Agrarian | |||
| attestation. | Reform | |||
| Beneficiaries with | ||||
| Provision on BARC | ||||
| Certification and LO | ||||
| Attestation) |
D.5. Barangay Agrarian Reform Council (BARC) Certification and Landowner
| D.5.a | DARMO | Submit to the BARC the | • | CARP-LAD Form | |
| master list of ARBs for | No. 36 (Transmittal | ||||
| certification, including the | Letter to BARC, | ||||
| concomitant BARC | Re: Certification of | ||||
| Certification form (CARP-LAD | Master List of | ||||
| Form No. 33.A.1). | Agrarian Reform | ||||
| Beneficiaries) | |||||
| • | CARP-LAD Form | ||||
| No. 33-A (Master | |||||
| List of Agrarian | |||||
| Reform Beneficiaries | |||||
| with Provision on | |||||
| BARC Certification | |||||
| and LO Attestation) | |||||
| • | CARP-LAD Form | ||||
| No. 33-A.1 (BARC | |||||
| Certification of | |||||
| Master List of | |||||
| ARBs) | |||||
| D.5.b | BARC | • | Upon receipt of the master | • | CARP-LAD Form |
| list of ARBs and BARC | No. 33-A (Master | ||||
| Certification form from the | List of Agrarian | ||||
| DARMO, the BARC | Reform | ||||
| Chairman or his | Beneficiaries with | ||||
| authorized representative, | Provision on BARC | ||||
| shall review the master list | Certification and LO | ||||
| of ARBs and certify the | Attestation) | ||||
| same under oath before | • | CARP-LAD Form | |||
| an authorized | No. 33-A.1 (BARC | ||||
| administering officer, | Certification of | ||||
| affixing his/her signature | Master List of | ||||
| on the said master list of | ARBs) | ||||
| ARBs and the BARC | |||||
| Certification form, with one | |||||
| (1) witness signing the | |||||
| same. | |||||
| • | Return the certified master | • | CARP-LAD Form | ||
| list of ARBs and notarized | No. 33-A (Master | ||||
| BARC Certification to the | List of Agrarian | ||||
| DARMO within fifteen (15) | Reform | ||||
| days from receipt of the | Beneficiaries with | ||||
| master list. | Provision on BARC | ||||
| Certification and LO | |||||
| Attestation) | |||||
| • | CARP-LAD Form | ||||
| No. 33-A.1 (BARC | |||||
| Certification of | |||||
| Master List of | |||||
| ARBs) | |||||
| D.5.c | DARMO | • | Receive and record the | • | CARP-LAD Form |
| BARC-certified master list | No. 33-A (Master | ||||
| of ARBs and BARC | List of Agrarian | ||||
| Certification. | Reform | ||||
| Beneficiaries with | |||||
| Provision on BARC | |||||
| Certification and | |||||
| LO Attestation) | |||||
| • | CARP-LAD Form | ||||
| No. 33-A.1 (BARC | |||||
| Certification of | |||||
| Master List of | |||||
| ARBs) | |||||
| • | Send to the landowner the | • | CARP-LAD Form | ||
| BARC-certified master list | No. 37 (Letter to | ||||
| of ARBs including the | LO, Re: Attestation | ||||
| concomitant Landowner | of Master List of | ||||
| Attestation form (CARP- | ARBs) | ||||
| LAD Form No. 33.A.2) | • | CARP-LAD Form | |||
| through personal service | No. 33-A (Master | ||||
| or registered mail with | List of Agrarian | ||||
| return card for attestation | Reform | ||||
| of the LO of his/her/their | Beneficiaries with | ||||
| tenants/lessees/regular | Provision on BARC | ||||
| farmworkers. | Certification and | ||||
| LO Attestation) | |||||
| • | CARP-LAD Form | ||||
| No. 33-A.2 | |||||
| (Landowner | |||||
| Attestation of | |||||
| Master List of | |||||
| ARBs) | |||||
| D.5.d | Landowner | • | Upon receipt of the BARC- | • | CARP-LAD Form |
| certified master list of | No. 33-A (Master | ||||
| ARBs and Landowner | List of Agrarian | ||||
| Attestation form from the | Reform | ||||
| DARMO, attest under oath | Beneficiaries with | ||||
| to the master list of ARBs | Provision on BARC | ||||
| insofar as his/her/their | Certification and LO | ||||
| share tenants, lessees | Attestation) | ||||
| and/or regular | |||||
| farmworkers in the | • | CARP-LAD Form | |||
| landholding are concerned | No. 33-A.2 | ||||
| by indicating his tenant, | (Landowner | ||||
| lessee and regular | Attestation of | ||||
| farmworker among those | Master List of | ||||
| listed in the master list of | ARBs) | ||||
| ARBs, affixing his | |||||
| signature on the same and | |||||
| on the Landowner | |||||
| Attestation form, with one | |||||
| (1) witness signing the | |||||
| same. | |||||
| • | Return the attested master | • | CARP-LAD Form | ||
| list and notarized | No. 33-A (Master | ||||
| Landowner Attestation | List of Agrarian | ||||
| form to the DARMO within | Reform | ||||
| fifteen (15) days from | Beneficiaries with | ||||
| receipt of the same. | Provision on BARC | ||||
| Certification and | |||||
| LO Attestation) | |||||
| • | CARP-LAD Form | ||||
| No. 33-A.2 | |||||
| (Landowner | |||||
| Attestation of | |||||
| Master List of | |||||
| ARBs) | |||||
| D.5.e | DARMO | • | Upon receipt of the LO | • | CARP-LAD Form |
| attested master list of | No. 33-A (Master | ||||
| ARBs and Landowner | List of Agrarian | ||||
| Attestation on the master | Reform | ||||
| list of ARBs, proceed with | Beneficiaries with | ||||
| the preparation of the | Provision on BARC | ||||
| Application to Purchase | Certification and LO | ||||
| and Farmer's Undertaking | Attestation) | ||||
| (APFU) in accordance | • | CARP-LAD Form | |||
| with Item V(D.7) of this | No. 33-A.2 | ||||
| Order, if the LO attested | (Landowner | ||||
| to all the ARBs in the | Attestation of | ||||
| master list. | Master List of | ||||
| ARBs) | |||||
| • | In cases where the LO | ||||
| does not to attest to | |||||
| specific ARBs or to all | |||||
| ARBs in the master list | |||||
| of ARBs and identifies | |||||
| other ARBs by substitution | |||||
| or addition whom the LO | |||||
| claims are his tenants, | |||||
| lessees or regular | |||||
| farmworkers, the MARO | |||||
| shall require the LO to | |||||
| submit evidence | |||||
| supporting the | |||||
| qualification of his | |||||
| identified ARBs. | |||||
| Thereafter, submit to the | • | CARP-LAD Form | |||
| DARPO a report | No. 38 (Report on | ||||
| regarding the LO's refusal | Partial/Full Non- | ||||
| to attest to specific ARBs | Attestation/Inaction | ||||
| or to all ARBs in the | by the LO of the | ||||
| master list to which he | Master List of | ||||
| shall attach the | Agrarian Reform | ||||
| documents and other | Beneficiaries) | ||||
| evidence supporting the | |||||
| ARB/s' qualification as | |||||
| share tenants, agricultural | |||||
| lessees or regular | |||||
| farmworkers, as | |||||
| submitted by the LO. | |||||
| • | If the LO returns the | • | CARP-LAD Form | ||
| master list to the DARMO | No. 38 (Report on | ||||
| without attesting to any of | Partial/Full Non- | ||||
| the ARBs in the said list | Attestation/Inaction | ||||
| without comment | by the LO on the | ||||
| whatsoever, or does not | Master List of | ||||
| act at all upon the master | Agrarian Reform | ||||
| list of ARBs after fifteen | Beneficiaries) | ||||
| (15) days from receipt of | |||||
| the same, submit to the | |||||
| DARPO a report regarding | |||||
| the matter. | |||||
| D.5.f | DARPO | In case of inaction or refusal | |||
| of the LO to attest to the | |||||
| master list of ARBs, instruct | |||||
| the DARMO to proceed with | |||||
| the preparation of the APFU | |||||
| in accordance with Item V | |||||
| (D.7) of this Order. The right | |||||
| of the LO to attest to the | |||||
| master list of ARBs in so far | |||||
| as the tenants, lessees and | |||||
| regular farmworkers in his/her | |||||
| landholdings are concerned is | |||||
| deemed waived if he fails to | |||||
| act upon the master list of | |||||
| ARBs within fifteen (15) days | |||||
| from receipt thereof, and the | |||||
| master list of ARBS becomes | |||||
| final and executory pursuant | |||||
| to Item IV(E)(10) of this | |||||
| Order. |
D.6 Resolution of Landowner (LO) Partial or Full Non-Attestation of
| D.6.a | PARO | Within fifteen (15) days from | |||
| receipt of the report from the | |||||
| DARMO of the partial or full | |||||
| non-attestation of the LO to | |||||
| the master list of ARBs and | |||||
| his substitution or addition of | |||||
| other ARBs whom the LO | |||||
| claims to be his tenants, | |||||
| lessees or regular | |||||
| farmworkers, conduct a | |||||
| revalidation on the | |||||
| qualifications of the ARBs in | |||||
| the master list and those | |||||
| submitted by the LO either as | |||||
| substitutes or additions. | |||||
| Should the PARO sustain the | |||||
| master list prepared by the | |||||
| MARO and certified to by the | |||||
| BARC subsequent to his | |||||
| revalidation of ARB | |||||
| qualifications, return the same | |||||
| to the DARMO with an | |||||
| instruction to prepare the | |||||
| APFUs in accordance with | |||||
| Item V (D.7) of this Order. | |||||
| If based on the PARO's | • | CARP-LAD Form | |||
| revalidation, there is possible | No. 39 (Letter to | ||||
| merit to the LO's partial or full | BARC for the | ||||
| non-attestation of the master | Conduct of | ||||
| list, and to the qualification of | Compulsory | ||||
| other ARBs whom the LO | Arbitration) | ||||
| claims to be his tenants, | |||||
| lessees or regular | |||||
| farmworkers, the PARO shall | |||||
| instruct the BARC to conduct | |||||
| compulsory arbitration to | |||||
| resolve the matter and to | |||||
| make a determination of the | |||||
| qualifications of the ARBs | |||||
| who were not attested to by | |||||
| the LO vis-a-vis the | |||||
| qualifications of the ARBs | |||||
| substituted or added by the | |||||
| LO as his alleged tenants, | |||||
| lessees or regular | |||||
| farmworkers, or those who | |||||
| were simply repudiated by the | |||||
| LO as his tenants/lessees/ | |||||
| regular farmworkers. | |||||
| D.6.b | BARC | • | Within thirty (30) days | ||
| from receipt of the | |||||
| instruction from the PARO, | |||||
| conduct a compulsory | |||||
| arbitration to resolve the | |||||
| matter and make a | |||||
| determination of the | |||||
| qualifications of the ARBs | |||||
| who were not attested to | |||||
| by the LO vis-a-vis the | |||||
| qualifications of the ARBs | |||||
| substituted or added by | |||||
| the LOs as his alleged | |||||
| tenants, lessees or regular | |||||
| farmworkers or those who | |||||
| were simply repudiated by | |||||
| the LO as his | |||||
| tenants/lessees/regular | |||||
| farmworkers. ICacDE | |||||
| • | Submit a report of its | • | CARP-LAD Form | ||
| findings and include | No. 40 (BARC | ||||
| therein all the pertinent | Report of Findings | ||||
| documents to the PARO | on the Compulsory | ||||
| within five (5) days after | Arbitration) | ||||
| the completion of the | • | Pertinent | |||
| compulsory arbitration. | Documents | ||||
| D.6.c | PARO | • | Within fifteen (15) days | • | CARP-LAD Form |
| from receipt of the report | No. 40 (BARC | ||||
| and findings of the BARC | Report of Findings | ||||
| on the compulsory | on the Compulsory | ||||
| arbitration, the PARO shall | Arbitration) | ||||
| undertake an evaluation of | |||||
| the BARC report and | |||||
| render his decision. | |||||
| • | Should the PARO's | • | CARP-LAD Form | ||
| decision affirm the ARBs in | No. 33-A (Master | ||||
| the BARC certified master | List of Agrarian | ||||
| list, return the same to the | Reform | ||||
| DARMO with an instruction | Beneficiaries with | ||||
| to proceed with the | Provision on BARC | ||||
| preparation of the APFU in | Certification and LO | ||||
| accordance with Item | Attestation) | ||||
| V(D.7) of this Order. | |||||
| • | If the PARO's decision | • | CARP-LAD Form | ||
| fully or partially sustains | No. 41 (Master List | ||||
| the LO's partial or full non- | of Agrarian Reform | ||||
| attestation of the master | Beneficiaries as | ||||
| list of ARBs and his | Finalized by the | ||||
| substitution or addition of | PARO per | ||||
| other potential ARBs, he | Resolution on LO | ||||
| shall finalize the master | Non-Attestation) | ||||
| list of ARBs and | |||||
| thereafter, forward the | |||||
| same to DARMO with the | |||||
| instruction to proceed with | |||||
| the preparation of the | |||||
| APFU in accordance with | |||||
| Item V(D.7) of this Order. | |||||
| D.6.d | DARMO | Based on the master list of | • | CARP-LAD Form | |
| ARBs finalized by the PARO, | No. 41 (Master List | ||||
| prepare the APFU for signing | of Agrarian Reform | ||||
| of the ARBs in accordance | Beneficiaries as | ||||
| with Item V(D.7) of this Order. | Finalized by the | ||||
| PARO per | |||||
| Resolution on LO | |||||
| Non-Attestation) | |||||
| • | CARP-LAD Form | ||||
| No. 42 (Application | |||||
| to Purchase and | |||||
| Farmer's Undertaking | |||||
| {APFU}) |
D.7 Preparation of the Application to Purchase and
| D.7.a | DARMO | Upon receipt of the BARC | • | CARP-LAD Form | ||
| certified and LO-attested | No. 42 (Application | |||||
| master list of ARBs or the | to Purchase and | |||||
| master list of ARBs finalized | Farmer's | |||||
| by the PARO, undertake the | Undertaking | |||||
| following: | {APFU}) | |||||
| • | CARP-LAD Form | |||||
| 1. | Prepare the APFU; | No. 43 (Letter to | ||||
| ARBs Regarding | ||||||
| 2. | Coordinate with a city/ | the Schedule of the | ||||
| municipal judge on the | APFU Signing) | |||||
| schedule for the swearing | ||||||
| under oath of the APFU | ||||||
| by the ARBs; and | ||||||
| 3. | Notify the qualified ARBs | |||||
| of the subject | ||||||
| landholding/s by personal | ||||||
| service or registered mail | ||||||
| with return card regarding | ||||||
| the schedule of a meeting | ||||||
| with the DARMO on the | ||||||
| APFU, and if applicable, | ||||||
| the signing and swearing | ||||||
| to under oath of the APFU | ||||||
| before a judge on the said | ||||||
| date. | ||||||
| D.7.b | DARMO | Conduct meeting with the | ||||
| ARBs on the scheduled date | ||||||
| to: | ||||||
| 1. | Explain the following: | |||||
| 1.1 | Importance, | |||||
| necessity and | ||||||
| significance of | ||||||
| accomplishing and | ||||||
| signing the APFU in | ||||||
| the acquisition and | ||||||
| distribution of lands | ||||||
| covered by CARP; | ||||||
| 1.2 | Contents of the | |||||
| APFU, i.e., | ||||||
| willingness to work | ||||||
| on the land to make it | ||||||
| productive, obligation | ||||||
| to pay land | ||||||
| amortization and land | ||||||
| taxes thereon; and | ||||||
| 1.3 | Requirement to have | |||||
| this signed and sworn | ||||||
| to under oath before | ||||||
| a city or municipal | ||||||
| judge. | ||||||
| 2. | Cause the signing and | |||||
| swearing to under oath of | ||||||
| the AFPU by the | ||||||
| beneficiaries before a city/ | ||||||
| municipal judge. | ||||||
| D.7.c | ARB/s | • | Attend the meeting | |||
| scheduled by the DARMO | ||||||
| on the APFU. | ||||||
| • | Sign and swear to the | • | CARP-LAD Form | |||
| APFU under oath before a | No. 42 (Application | |||||
| city or municipal judge | to Purchase and | |||||
| during the designated | Farmer's | |||||
| schedule per Item | Undertaking) | |||||
| V(D.7.b) of this Order. | ||||||
| D.7.d | DARMO | • | In case the concerned | • | CARP-LAD Form | |
| ARB fails to attend the | No. 44 (Notice to | |||||
| scheduled meeting or | Absent ARB Re: | |||||
| refuses to sign the APFU | Waiver of Rights as | |||||
| during the meeting, issue | an ARB for Failure | |||||
| a letter to be duly received | to Sign the APFU) | |||||
| by the ARB, or send a | • | CARP-LAD Form | ||||
| notice to the absent ARB | No. 45 (Letter to | |||||
| informing that they have | Present ARB Re: | |||||
| thirty (30) days from | Waiver of Rights as | |||||
| receipt of the letter or | an ARB for Failure | |||||
| notice, as the case may | to Sign the APFU) | |||||
| be, to report to the | ||||||
| DARMO and to sign the | ||||||
| APFU. The said letter or | ||||||
| notice shall state that | ||||||
| ARB's failure to execute | ||||||
| and sign the APFU within | ||||||
| the prescribed period shall | ||||||
| constitute a waiver of right | ||||||
| to become an ARB. | ||||||
| D.7.e | DARMO | After the APFUs have been | ||||
| signed and sworn to under | ||||||
| oath by the ARB/s, record and | ||||||
| transmit the same to the | ||||||
| DARPO for inclusion in the | ||||||
| claim folder. Simultaneously, | ||||||
| the MARO, with the | ||||||
| assistance of the BARC shall | ||||||
| undertake the activities | ||||||
| necessary for the ARB | ||||||
| carding and identification | ||||||
| system pursuant to DAR A.O. | ||||||
| No. 03, Series of 2008. | ||||||
| D.7.f | MARO | • | In case the qualified ARB | |||
| fails to report to the | ||||||
| DARMO within thirty (30) | ||||||
| days from receipt of letter | ||||||
| or notice on the waiver of | ||||||
| rights as an ARB if APFU | ||||||
| is not signed and sworn to | ||||||
| under oath within the | ||||||
| prescribed period pursuant | ||||||
| to Item IV(E.16) of this | ||||||
| Order, the DARMO shall | ||||||
| identify and select other | ||||||
| qualified ARB/s as | ||||||
| replacement giving | ||||||
| consideration to the | ||||||
| desisting ARB's immediate | ||||||
| farm household member/s, | ||||||
| if qualified, in accordance | ||||||
| with Item IV(F)(1.2) of this | ||||||
| Order. | ||||||
| • | In the case of commercial | • | CARP-LAD Form | |||
| farms and plantations, | No. 46 (Report on | |||||
| prepare a report on the | the ARB's Failure | |||||
| ARB's failure or refusal to | or Refusal to Sign | |||||
| sign the APFU and send | APFU) | |||||
| the same to the BSC, | ||||||
| through the DARPO, for | ||||||
| identification and selection | ||||||
| of another qualified ARB | ||||||
| as replacement. |
E. REVIEW, EVALUATION AND PROCESSING OF CLAIM FOLDERS (CFs)CARP-LAD Annex "I" for the Process Flow)
| E.1 | DARPO | • | Attach the Field | • | CARP-LAD Form |
| Investigation Report (FIR), | No. 23 (Field | ||||
| ASP, land use map, APFU | Investigation | ||||
| and Land Distribution | Report) | ||||
| Information Schedule | • | ASP | |||
| (LDIS) to the claim folder | • | Land Use Map | |||
| (CF) for verification and | • | CARP-LAD Form | |||
| evaluation by the DAR- | No. 42 (Application | ||||
| LBP-Pre-Processing Unit | to Purchase and | ||||
| (PPU). | Farmer's | ||||
| Undertaking) | |||||
| • | CARP-LAD Form | ||||
| No. 47 (Land | |||||
| Distribution | |||||
| Information | |||||
| Schedule) | |||||
| E.2 | DAR-LBP- | • | Verify and evaluate the | • | CARP-LAD Form |
| PPU | CF. If found sufficient and | No. 48 (Checklist of | |||
| complete, prepare | Required | ||||
| checklist of required | Documents with | ||||
| documents in the | Recommendation | ||||
| processing of claim folder | Signed Jointly by | ||||
| and corresponding | the DAR-LBP-PPU) | ||||
| recommendation on the | • | CF | |||
| matter, and forward the | |||||
| same to DARPO for | |||||
| appropriate action. | |||||
| Otherwise, facilitate the | |||||
| completion of the | |||||
| data/documents. | |||||
| E.3 | DARPO | • | Based on the | • | CARP-LAD Form |
| recommendation of the | No. 49 | ||||
| DAR-LBP-PPU, prepare | (Memorandum | ||||
| request to value the land | Request to Value | ||||
| and forward the same, | Land) | ||||
| together with the CF to | |||||
| LBP-AOC. |
F. LAND VALUATION AND COMPENSATIONCARP-LAD Annex "J" for the Process Flow)
F.1 Determination of Land Value
| F.1.a | LBP-AOC | Acknowledge receipt of CF | • | LBP | |
| from the DARPO. | Acknowledgement | ||||
| F.1.b | LBP-AOC | • | Determine the land value. | • | CF |
| If the land value exceeds | • | LBP Transmittal | |||
| the approving limit of the | Letter | ||||
| LBP-Agrarian Operations | |||||
| Center (AOC)/Regional | |||||
| Head, forward the CF | |||||
| using the LBP Transmittal | |||||
| Letter, together with the | |||||
| determined land value of | |||||
| the subject landholding, to | |||||
| LBP-Head Office (HO) for | |||||
| further evaluation and | |||||
| approval. | |||||
| • | Furnish the DARPO a | • | Copy of LBP | ||
| copy of its Transmittal | Transmittal Letter | ||||
| Letter to LBP-HO, for | |||||
| reference. | |||||
| F.1.c | LBP-AOC/HO | Upon completion of the land | • | CARP-LAD Form | |
| valuation of the landholding, | No. 50 | ||||
| prepare and send | (Memorandum of | ||||
| Memorandum of Valuation | Valuation) | ||||
| (MOV) with Land Valuation | • | Land Valuation | |||
| Worksheet (LVW) to DARPO. | Worksheet | ||||
| F.1.d | DARPO | Receive and review the MOV | |||
| with LVW from LBP and | |||||
| undertake the following: | |||||
| a. | Prepare and send the | • | CARP-LAD Form | ||
| Notice of Land Valuation | No. 51 (Notice of | ||||
| and Acquisition (NLVA) to | Land Valuation and | ||||
| LO together with copies of | Acquisition) | ||||
| the MOV, LVW and LO's | • | CARP-LAD Form | |||
| Reply Form through | No. 50 | ||||
| personal service with proof | (Memorandum of | ||||
| of receipt or by registered | Valuation) with | ||||
| mail with return card; | Land Valuation | ||||
| Worksheet | |||||
| • | CARP-LAD Form | ||||
| No. 52 (LO's Reply | |||||
| to NLVA) | |||||
| b. | Send a copy of the NLVA | • | CARP-LAD Form | ||
| to DARMO for posting for | No. 51 (Notice of | ||||
| seven (7) days at the | Land Valuation and | ||||
| barangay and | Acquisition) | ||||
| municipal/city halls where | • | CARP-LAD Form | |||
| the property is located. | No. 7 (Certification | ||||
| Thereafter, the DARMO | of Posting | ||||
| shall obtain a Certification | Compliance) | ||||
| of Posting Compliance | |||||
| from proper municipal or | |||||
| barangay official; and | |||||
| F.1.e | DARPO | Prepare and send to LBP the | • | CARP-LAD Form | |
| Order to Deposit LO | No. 53 (Order to | ||||
| Compensation. | Deposit LO | ||||
| Compensation) | |||||
| F.1.f | LBP-AOC/HO | • | Upon receipt of the Order | • | CARP-LAD Form |
| to Deposit, issue a | No. 54 | ||||
| Certification of Deposit | (Certification of | ||||
| (COD), pre-numbered per | Deposit) | ||||
| region, to DARPO. | |||||
| • | Notify the LO regarding | • | LBP Notification to | ||
| the Certification of Deposit | LO on COD | ||||
| (COD) issued to DARPO, | Issuance | ||||
| including therein the LBP | • | Checklist of pre- | |||
| Checklist of Pre-Payment | payment | ||||
| Requirements for Release | requirements for | ||||
| of Claims. | release of claims | ||||
| F.1.g | DARPO | Receive the Certification of | • | CARP-LAD Form | |
| Deposit (COD) from LBP- | No. 54 | ||||
| AOC/HO. | (Certification of | ||||
| Deposit) | |||||
| F.1.h | LO | Within thirty (30) days from | • | CARP-LAD Form | |
| receipt of the NLVA, send | No. 52 (LO's Reply | ||||
| reply on the same to DARPO | to NLVA) | ||||
| using CARP-LAD Form | |||||
| No. 52. | |||||
| F.1.i | DARPO | Receive and forward LO's | • | CARP-LAD Form | |
| reply to LBP on whether the | No. 52 (LO's Reply | ||||
| land value is accepted or | to NLVA) | ||||
| rejected by the LO. | • | CARP-LAD Form | |||
| No. 55 (Transmittal | |||||
| In case the LO fails to reply | of LO's Reply to | ||||
| within thirty (30) days from | NLVA) | ||||
| receipt of the NLVA, notify | |||||
| the LBP on the matter. | |||||
| F.1.j | LO | Submit to LBP-AOC/HO the | • | Required | |
| documents required for | documents for | ||||
| payment of compensation | payment of | ||||
| claim | compensation | ||||
| claims |
F.2 Compensation to Landowner (LO)
F.2.1 Landowner (LO) Accepts the Land Valuation
| F.2.1.a | DARPO | Forward the Certification of | • | CARP-LAD Form | |
| Deposit to the ROD together | No. 56 (Request to | ||||
| with the ASP and Technical | Issue TCT/OCT in | ||||
| Description of the | the Name of RP) | ||||
| landholding, and request for | • | CARP-LAD Form | |||
| the: (1) cancellation of LO's | No. 54 | ||||
| title for the landholding | (Certification of | ||||
| covered by CARP; (2) | Deposit) | ||||
| issuance of Transfer | |||||
| Certificate of Title (TCT)/ | |||||
| Original Certificate of Title | |||||
| (OCT) in the name of RP; and | |||||
| (3) issuance of title to the | |||||
| LO's retained area if still | |||||
| applicable per Item V(B.1.e) | |||||
| of this Order. | |||||
| F.2.1.b | ROD | Issue TCT (for titled lands) or | • | Owner's Duplicate | |
| OCT (for untitled lands) in the | Copy of TCT/OCT | ||||
| name of RP and forward the | in the name of the | ||||
| Owner's Duplicate Certificate | RP | ||||
| of RP Title to DARPO. | • | Owner's Duplicate | |||
| Likewise, issue TCT for the | Copy of TCT/OCT | ||||
| LO's retained area and send | in the name of the | ||||
| the Owner's Duplicate | LO | ||||
| Certificate (ODC) of title to | |||||
| LO. | |||||
| F.2.1.c | DARPO | Receive and record the | • | CARP-LAD Form | |
| Owner's Duplicate Certificate | No. 57 Transmittal | ||||
| of RP Title from the ROD and | to LBP of Copy of | ||||
| furnish a certified photocopy | RP Title) | ||||
| of the same to the LBP- | |||||
| AOC/HO and the DARRO. | |||||
| F.2.1.d | LBP- | Upon receipt of a certified | |||
| AOC/HO | photocopy of ODC of RP Title | ||||
| from DARPO and compliance | |||||
| of all pre-payment | |||||
| requirements by the LO, | |||||
| undertake the following: | |||||
| a. | Accomplish the LBP | • | LBP Payment | ||
| Payment Release Form; | Release Form | ||||
| and | |||||
| b. | Pay the concerned LO and | ||||
| mortgagee-banks/ | |||||
| creditors, if encumbered. |
F.2.2 Landowner (LO) Rejects Land Valuation or Fails to Respond
| F.2.2.a | LBP-AOC/HO | • | Receive LO's reply | • | CARP-LAD Form |
| rejecting the land valuation | No. 52 (LO's Reply | ||||
| or notice of LO's failure to | to NLVA) | ||||
| reply within thirty (30) days | • | CARP-LAD Form | |||
| from receipt of the NLVA | No. 55 (Transmittal | ||||
| from the DARPO. | of LO's Reply to | ||||
| NLVA) | |||||
| F.2.2.b | DARPO | • | Forward a copy of the | • | CARP-LAD Form |
| Certification of Deposit to | No. 54 | ||||
| the ROD together with the | (Certification of | ||||
| ASP, and Technical | Deposit) | ||||
| Description of the | • | CARP-LAD Form | |||
| landholding, and request | No. 56 (Request to | ||||
| for the: (1) cancellation of | Issue TCT/OCT in | ||||
| LO's title for landholding | the name of RP) | ||||
| covered by CARP; | |||||
| (2) issuance of TCT/OCT in | |||||
| the name of RP; and (3) | |||||
| issuance of title for the | |||||
| LO's retained area. | |||||
| • | Advise the Regional | • | CARP-LAD Form | ||
| Agrarian Reform | No. 58 (Advice to | ||||
| Adjudicator (RARAD)/ | PARAD/RARAD) | ||||
| Provincial Agrarian | • | Copy of CARP-LAD | |||
| Reform Adjudicator | Form No. 52 (LO's | ||||
| (PARAD) to conduct | Reply to NLVA) or | ||||
| summary administrative | proof of service if | ||||
| proceedings in view of the | no reply | ||||
| LO's rejection of the value | • | Copy of CARP-LAD | |||
| offered for his/her land or | Form No. 51 | ||||
| LO's failure to reply to the | (Notice of Land | ||||
| NLVA within the thirty-day | Valuation and | ||||
| prescribed period upon | Acquisition) | ||||
| receipt of the same. A | |||||
| copy of LO's Rejection | |||||
| Letter and/or NLVA, as the | |||||
| case may be, shall be | |||||
| attached to CARP-LAD | |||||
| Form No. 58 (Advice to | |||||
| PARAD/RARAD). | |||||
| F.2.2.c | ROD | Issue TCT/OCT in the name | • | Owner' Duplicate | |
| of RP and forward the | Copy of TCT/OCT | ||||
| Owner's Duplicate Certificate | in the name of the | ||||
| of RP Title to DARPO. | RP | ||||
| Likewise, issue TCT/OCT for | • | Owner' Duplicate | |||
| the LO's retained area and | Copy of title in the | ||||
| send the Owner's Duplicate | name of the LO | ||||
| Certificate of title to LO. | |||||
| F.2.2.d | DARPO | Receive and record the | |||
| Owner's Duplicate Certificate | |||||
| of RP Title from the ROD and | |||||
| furnish a certified photocopy | |||||
| of the same to the LBP- | |||||
| AOC/HO and the DARRO. | |||||
| F.2.2.e | PARAD/ | Simultaneous with the | |||
| RARAD | issuance of TCT/OCT in the | ||||
| name of RP, conduct | |||||
| summary administrative | |||||
| proceedings, render a | |||||
| decision and inform parties | |||||
| concerned on the matter in | |||||
| accordance with DARAB | |||||
| Rules and Procedures, copy | |||||
| furnished the DARPO and | |||||
| DARRO. | |||||
| F.2.2.f | LO/LBP/ | • | In case the LO or | ||
| DARPO | LBP/DAR rejects the | ||||
| DARAB decision, the LO | |||||
| or LBP/DAR files a land | |||||
| valuation case with the | |||||
| Special Agrarian Court | |||||
| (SAC) within the | |||||
| reglementary period of | |||||
| fifteen (15) days. | |||||
| • | Should the decision attain | ||||
| finality, DARPO/LBP/LO | |||||
| moves for issuance of Writ | |||||
| of Execution in | |||||
| accordance with the | |||||
| DARAB Rules and | |||||
| Procedures. | |||||
| Should the LO opt to | |||||
| accept either the original | |||||
| or recomputed value by | |||||
| the LBP, he shall so | |||||
| manifest in writing and | |||||
| pray for a resolution based | |||||
| on the same. | |||||
| • | Forward to LBP the | ||||
| original copy of the | |||||
| Certificate of Finality/Writ | |||||
| of execution. Thereafter | |||||
| the LBP follows | |||||
| procedures in Item V | |||||
| (F.2.1.d) of this Order. |
G. PREPARATION AND PROCESSING OFCARP-LAD Annex "K" for the Process Flow)
| G.1 | DARPO | Upon receipt of the LBP's | • | CARP-LAD Form | |
| Certification of Deposit (COD) | No. 59 (PARO's | ||||
| and Owner's Duplicate | Directive to the | ||||
| Certificate of RP title from | MARO to Take | ||||
| ROD, the PARO shall direct | Actual and Physical | ||||
| the Municipal Agrarian Reform | Possession of the | ||||
| Officer (MARO) to take | Landholding | ||||
| possession of the land and | Acquired under | ||||
| proceed with the preparation | CARP), copy | ||||
| of the Land Distribution Folder | furnished the | ||||
| of the subject land, attaching | landowner | ||||
| all the required documentation | • | Certified ODC of | |||
| relative to the transfer of the | RP title | ||||
| land to the Government of the | • | Certified Copy of | |||
| Philippines (GOP), and the | Deed of Transfer | ||||
| LBP's COD. The LO shall be | • | Certified Copy of | |||
| furnished a copy of the | Certification of | ||||
| PARO's memorandum to the | Deposit from LBP | ||||
| MARO (CARP-LAD Form | |||||
| No. 59). | |||||
| G.2 | DARMO | Upon receipt of the PARO's | |||
| memorandum directing | |||||
| him/her to take actual | |||||
| possession of the landholding | |||||
| and the related documents | |||||
| forwarded by the DARPO, | |||||
| record the same. | |||||
| G.3 | DARMO | Based on the master list, | • | CARP LAD Form | |
| APFU, and ASP, send a letter | No. 60 (Letter to | ||||
| to each qualified ARB | Qualified ARB | ||||
| informing him/her of the land | Allocating Area of | ||||
| allocated as his/her area of | Award) | ||||
| award under CARP, or to the | |||||
| ARB cooperative association | |||||
| in the case of commercial | |||||
| farms, plantations and other | |||||
| lands for collective | |||||
| distribution, informing it on | |||||
| the same. | |||||
| G.4 | DARMO | Prepare and forward the Land | • | LDF containing the | |
| Distribution Folder (LDF) to | documents as | ||||
| the DARPO. The LDF shall | stipulated under the | ||||
| contain the copies of the | activity | ||||
| following documents on file at | • | CARP LAD Form | |||
| DARMO: | No. 61 (LDF | ||||
| Transmittal Memo) | |||||
| a. | Master list of ARB/s of the | ||||
| subject landholding | |||||
| certified by the BARC and | |||||
| attested by LO or passed | |||||
| upon by the PARO in so | |||||
| far as the tenants, lessees | |||||
| and regular farmworkers | |||||
| are concerned; | |||||
| b. | Application to Purchase | ||||
| and Farmer's Undertaking | |||||
| (APFU) | |||||
| c. | Duly received copy of the | ||||
| letters to qualified ARBs | |||||
| allocating area of award; | |||||
| d. | DENR-LMS Approved | ||||
| Survey Plan (ASP); | |||||
| e. | Copy of the TCT/OCT in | ||||
| the name of the Republic | |||||
| of the Philippines; and | |||||
| f. | LDF Transmittal | ||||
| Memorandum. |
H. GENERATION, REGISTRATION AND ISSUANCE OF CERTIFICATES OFCARP-LAD Annex "L" for the Process Flow)
| H.1 | DARPO | Upon receipt from DARMO of | • | LDF | |
| the LDF pursuant to Items V | |||||
| (G.4) of this Order, review all | |||||
| documents contained in the | |||||
| LDF to ensure that these are | |||||
| complete and in order. In case | |||||
| of incomplete documents, | |||||
| require the DARMO to submit | |||||
| the pertinent documents within | |||||
| seven (7) days from receipt of | |||||
| instructions from DARPO. | |||||
| H.2 | DARPO | In case ARBs opt for | • | Judicial Forms | |
| collective ownership and it is | • | CLOA-Titles | |||
| not feasible/sound to divide | |||||
| the landholding, generate a | |||||
| collective CLOA (Original and | |||||
| Owner's Duplicate Certificate) | |||||
| for the landholding in favor of | |||||
| the ARBs' cooperative or | |||||
| association, wherein all | |||||
| names of the ARBs, following | |||||
| the lead name on the face of | |||||
| the certificate of title, shall be | |||||
| typewritten on the succeeding | |||||
| pages of the title, with each | |||||
| name numbered | |||||
| consecutively, from "1" | |||||
| onwards, alphabetically | |||||
| arranged and reflecting the | |||||
| complete names (given, | |||||
| middle & surnames) of the | |||||
| ARBs. After the last | |||||
| typewritten name of ARBs, | |||||
| and immediately below a | |||||
| demarcating line, the words | |||||
| nothing follows shall be | |||||
| typed. | |||||
| In the case of individual | |||||
| ownership, generate a CLOA | |||||
| (original and owner's duplicate) | |||||
| in the name of each ARB, | |||||
| based on existing | |||||
| guidelines on the generation | |||||
| of CLOA. | |||||
| H.3 | DARPO | Ensure that all CLOAs shall | |||
| contain the following | |||||
| annotation of lien in favor of | |||||
| the LBP stipulating the | |||||
| following: | |||||
| ANNOTATION | |||||
| The parcel of land described | |||||
| in this CLOA is encumbered | |||||
| in favor of: | |||||
| LAND BANK OF THE | |||||
| PHILIPPINES | |||||
| to ensure full payment of its | |||||
| value pursuant to R.A. No. | |||||
| 6657, as amended, by the | |||||
| agrarian reform | |||||
| beneficiaries/farmers' | |||||
| cooperative or farmers' | |||||
| association named herein | |||||
| Date ____________ | |||||
| _____________________ | |||||
| Provincial Agrarian Reform | |||||
| Officer. | |||||
| The PARO shall affix his/her | |||||
| initial on all copies of the | |||||
| CLOA (original owners and | |||||
| co-owners duplicate | |||||
| certificates). | |||||
| H.4 | DARPO | Prepare the corresponding | • | CARP-LAD Annex | |
| Judicial Forms Utilization | C (Judicial Forms | ||||
| Worksheet in accordance with | Utilization | ||||
| the systems and procedures | Worksheet) | ||||
| for the requisition, issuance, | |||||
| utilization and accounting of | |||||
| CLOA Judicial Forms. | |||||
| H.5 | DARPO | Keep on file the LDF | • | LDF | |
| containing the supporting | • | Generated CLOAs | |||
| documents and forward the | • | CARP-LAD Annex | |||
| generated CLOA including | C (Judicial Forms | ||||
| Judicial Forms Utilization | Utilization | ||||
| Worksheet to DARRO. | Worksheet) | ||||
| H.6 | DARRO | Review and validate the | • | Generated CLOAs | |
| generated CLOAs. If in order, | |||||
| the Regional Director shall | |||||
| affix his/her initial on all | |||||
| duplicate copy of the CLOAs | |||||
| original owner's or co-owner's | |||||
| copy. In case of | |||||
| inconsistencies and | |||||
| incomplete data or | |||||
| information, notify the DARPO | |||||
| for appropriate action. | |||||
| H.7 | DARRO | Return erroneously generated | |||
| CLOAs to DARPO for | |||||
| correction, together with | |||||
| pertinent documents. Only | |||||
| error-free CLOAs shall be | |||||
| recommended for signature of | |||||
| the Secretary pursuant to | |||||
| existing guidelines on judicial | |||||
| forms and signing and sealing | |||||
| machines. | |||||
| H.8 | DARRO | Forward signed and sealed | • | Signed and sealed | |
| CLOAs and the corresponding | CLOAs | ||||
| recording sheet with | • | CARP-LAD Form | |||
| transmittal memorandum to | No. 62 (Transmittal | ||||
| DARPO for registration. | Memorandum Re: | ||||
| Registration of | |||||
| CLOA) | |||||
| • | CARP-LAD Annex | ||||
| D (Signing and | |||||
| Sealing Machine | |||||
| Utilization | |||||
| Recording and | |||||
| Reporting Sheet) | |||||
| H.9 | DARPO | Upon receipt from the DARRO | |||
| of the signed and sealed | |||||
| CLOA, the following shall be | |||||
| undertaken: | |||||
| 1. | Record signed and sealed | ||||
| CLOAs and enter the | |||||
| same in the CLOA | |||||
| Registry Book of the | |||||
| Registry of Deeds (ROD) | |||||
| maintained in the DARPO; | |||||
| and | |||||
| 2. | Forward the signed and | • | Signed and Sealed | ||
| sealed CLOAs to the ROD | CLOAs/Titles | ||||
| for registration. | |||||
| H.10 | ROD | Subsequent to the registration | |||
| of CLOA, release the original | |||||
| Owner's Duplicate Copy | |||||
| (ODC) of CLOA-Titles to LBP- | |||||
| AOC. | |||||
| H.11 | LBP-AOC | Receive the original ODC of | |||
| CLOA-Title and provide two | |||||
| (2) certified true copies of | |||||
| each CLOA closely simulating | |||||
| the appearance, color and | |||||
| paper of the same, to DARPO | |||||
| and the ARBs or the ARBs | |||||
| cooperative/association in the | |||||
| case of collective CLOAs. The | |||||
| ODC of CLOA-title shall be | |||||
| released to the ARBs upon full | |||||
| payment of their amortizations | |||||
| on the land. | |||||
| H.12 | DARPO | • | Upon receipt of the | • | Original LBP |
| original LBP certified true | certified true copies | ||||
| copies of the ODC of | of the Owner's | ||||
| CLOA-Titles from LBP- | Duplicate Copy | ||||
| AOC, record title number | (ODC) of CLOA- | ||||
| and date of registration in | Titles | ||||
| the CLOA Registry Book. | |||||
| • | In the case of collective | ||||
| CLOAs, reproduce and | |||||
| certify the copy for each | |||||
| member of the ARB | |||||
| cooperative/association. | |||||
| • | Transmit to the DARMO a | • | Original LBP | ||
| copy of the LBP certified | certified true copies | ||||
| true copies of the ODC of | of the ODC of | ||||
| CLOA-Titles (in case of | CLOA-Titles | ||||
| individual CLOAs) or copy | • | Photocopy of the | |||
| of the LBP certified true | certified true copies | ||||
| copies of the ODC of | of the ODC of | ||||
| CLOA-Titles and the | CLOA-Titles | ||||
| certified photocopy of the | |||||
| same (in case of collective | |||||
| CLOAs) for distribution to | |||||
| ARBs. | |||||
| • | Retain a copy of the | ||||
| original LBP certified true | |||||
| copies of ODC of CLOA | |||||
| titles, a copy for DARPO's | |||||
| file and reference. |
I. ISSUANCE OF CERTIFICATE OF LAND OWNERSHIP AWARDCARP-LAD Annex "M" for the Process Flow)
| I.1 | DARMO | Subsequent to the receipt | |||
| from the DARPO of the | |||||
| certified true copy of the ODC | |||||
| of CLOA-Title and certified | |||||
| photocopies of the same, in | |||||
| case of collective CLOAs, | |||||
| undertake the following: | |||||
| 1. | Record ODC of CLOA- | • | Certified true | ||
| Title; | copies of ODC of | ||||
| CLOA-Title | |||||
| 2. | Distribute LBP certified | • | Certified true | ||
| true copies of ODC of | copies of ODC of | ||||
| CLOA-title to the individual | CLOA-Titles | ||||
| ARB or the ARBs' | |||||
| cooperative/association, | |||||
| as the case may be; | |||||
| 3. | In the case of collective | ||||
| CLOAs, furnish each of | |||||
| the ARB cooperative/ | |||||
| association members a | |||||
| certified photocopy of the | |||||
| ODC of CLOA-Title; | |||||
| 4. | Assist ARBs in securing | ||||
| the corresponding Tax | |||||
| Declaration from the | |||||
| Assessor's/Treasurer's | |||||
| Office at the time the | |||||
| CLOA-Title is distributed; | |||||
| and | |||||
| 5. | Maintain a Record Book of | • | Index Card of | ||
| all CLOA-titles issued | ARBs | ||||
| within the municipality and | |||||
| received by the ARBs, and | |||||
| prepare index cards for | |||||
| each of the ARBs/ARB | |||||
| cooperatives/ | |||||
| associations. | |||||
| I.2 | DARMO | For purposes of monitoring | • | CARP-LAD Form | |
| and the data base, prepare | No. 63 (Monthly | ||||
| and submit to the DARPO a | Report on CLOA | ||||
| monthly report on CLOA/s | Distributed) | ||||
| distributed to ARBs using | |||||
| CARP-LAD Form No. 65. |
J. INSTALLATION OF ARB CLOA-TITLE HOLDERSCARP-LAD Annex "N" for the Process Flow)
| J.1 | DARMO | Upon receipt by the ARBs of | ||||
| the certified true copy of ODC | ||||||
| CLOA, conduct a | ||||||
| briefing/orientation with the | ||||||
| concerned ARBs to: | ||||||
| 1. | explain the rights and | |||||
| responsibilities of the | ||||||
| ARBs as the "new" | ||||||
| landowners, and ensure | ||||||
| that they understand that | ||||||
| they are empowered and it | ||||||
| is incumbent upon them, | ||||||
| even without the | ||||||
| assistance from the DAR, | ||||||
| to assert their rights at all | ||||||
| times to have peaceful | ||||||
| and productive possession | ||||||
| of the land; and | ||||||
| 2. | inform them that they may | |||||
| take physical and actual | ||||||
| possession of the land | ||||||
| awarded to them under | ||||||
| CARP, and they shall start | ||||||
| paying Real Property | ||||||
| Taxes to the LGU — | ||||||
| Municipal Assessor's | ||||||
| Office and the land | ||||||
| amortization payments to | ||||||
| the LBP one (1) year from | ||||||
| the date of CLOA | ||||||
| registration or if the | ||||||
| occupancy took place after | ||||||
| the CLOA registration, one | ||||||
| (1) year after the ARB's | ||||||
| actual occupancy of the | ||||||
| land. | ||||||
| J.2 | DARMO | In case the ARB is unable to | ||||
| take possession of the subject | ||||||
| land, or in the case of | ||||||
| contentious landholdings, the | ||||||
| following shall be undertaken | ||||||
| subsequent to the conduct of | ||||||
| briefing/orientation to | ||||||
| concerned ARBs under Item | ||||||
| J.1.1 of this Order: | ||||||
| 1. | Invite the concerned | • | CARP-LAD Form | |||
| ARB/ARBs' | No. 64 (Invitation to | |||||
| representative, Barangay | the ARB Installation | |||||
| Agrarian Reform Council | Planning | |||||
| (BARC) Chair, or in the | Conference/ | |||||
| absence thereof, the | Meeting for ARB, | |||||
| Barangay Council, Non- | CLOA-Title | |||||
| Governmental | Holders, | |||||
| Organizations/People's | BARC/Brgy. | |||||
| Organization (NGOs/ | Council, | |||||
| POs), and other support or | NGOs/POs/Other | |||||
| interest groups to an | Support Groups) | |||||
| installation planning | • | CARP-LAD Form | ||||
| conference/meeting; | No. 65 (Invitation to | |||||
| the ARB Installation | ||||||
| Planning | ||||||
| Conference/ | ||||||
| Meeting for Co- | ||||||
| Owners/Collective | ||||||
| ARB CLOA-Title | ||||||
| Holders) | ||||||
| 2. | With the assistance of a | |||||
| representative from the | ||||||
| DARPO, conduct an | ||||||
| installation planning | ||||||
| conference/meeting with | ||||||
| the abovementioned | ||||||
| stakeholders to: | ||||||
| - | Define and clarify the | |||||
| responsibilities and | ||||||
| role of the parties | ||||||
| involved in the | ||||||
| installation process; | ||||||
| - | Determine the | |||||
| schedule of installation | ||||||
| of the concerned | ||||||
| ARBs; and | ||||||
| - | Determine the | |||||
| necessity of police | ||||||
| and/or military support | ||||||
| in the installation | ||||||
| process. | ||||||
| 3. | If deemed necessary, | • | CARP-LAD Form | |||
| request the DARPO to | No. 66 (Request for | |||||
| coordinate with the DILG- | Assistance of the | |||||
| PNP and DND-AFP to | DILG-PNP/DND- | |||||
| provide assistance in the | AFP in the | |||||
| physical installation of | Installation | |||||
| concerned ARBs. | Proceedings) | |||||
| J.3 | DARPO | Upon receipt of the request | ||||
| from the DARMO, the | ||||||
| following shall be undertaken: | ||||||
| 1. | Prepare and send a letter | • | CARP-LAD Form | |||
| duly signed by the PARO | No. 67 (PARO's | |||||
| to the DILG-PNP or the | Request for DILG- | |||||
| DND-AFP requesting for | PNP/DND-AFP | |||||
| assistance in the physical | Assistance in the | |||||
| installation of ARB/s in the | Installation of the | |||||
| subject landholding; | ARB CLOA-Title | |||||
| Holders) | ||||||
| 2. | Provide the DILG-PNP/ | |||||
| DND-AFP the necessary | ||||||
| information/background of | ||||||
| the installation process; | ||||||
| 3. | Furnish a copy of the | • | Approved Request | |||
| approved request from | from DILG- | |||||
| DILG-PNP or DND-AFP | PNP/DND-AFP | |||||
| on the physical installation | ||||||
| of ARB/s and instruct the | ||||||
| DARMO to proceed with | ||||||
| the physical installation of | ||||||
| ARB/s. | ||||||
| J.4 | DARMO | Upon receipt of approved | ||||
| request from the DILG- | ||||||
| PNP/DND-AFP and | ||||||
| instruction from the DARPO, | ||||||
| undertake the following: | ||||||
| 1. | Inform the concerned | • | CARP-LAD Form | |||
| ARBs on the scheduled | No. 68-A (Notice to | |||||
| date of installation | Qualified ARBs | |||||
| proceedings on the | {For Co-Owners/ | |||||
| awarded land as agreed | Collective CLOA- | |||||
| upon during the planning | Title Holders}) | |||||
| conference/meeting; | • | CARP-LAD Form | ||||
| No. 68-B (Notice to | ||||||
| Qualified ARBs {For | ||||||
| Individual ARB | ||||||
| CLOA-Title | ||||||
| Holders}) | ||||||
| 2. | Together with the | • | CARP-LAD Form | |||
| concerned police/military | No. 69 (Report on | |||||
| personnel, install the | Physical Installation | |||||
| ARBs on the scheduled | of ARBs) | |||||
| date and prepare report on | ||||||
| the matter for submission | ||||||
| to DARPO for reference. | ||||||
| 3. | In case the landowner | • | CARP-LAD Form | |||
| refuses to relinquish | No. 70 (Report on | |||||
| possession of the | Landowner's | |||||
| landholding, report the | Refusal to Give Up | |||||
| same to DARPO for | Possession of | |||||
| evaluation and appropriate | Landholding) | |||||
| action. | ||||||
| J.5 | DARPO | Receive, record and evaluate | ||||
| the report of DARMO. If | ||||||
| warranted, file a criminal case | ||||||
| against the concerned | ||||||
| landowner and inform the | ||||||
| DARMO on the matter. | ||||||
| J.6 | DARMO | Conduct monthly inspections | ||||
| on installed ARB CLOA-title | ||||||
| holders for a period of at least | ||||||
| six (6) months or until the | ||||||
| situation stabilizes in the | ||||||
| subject landholding to | ||||||
| determine if the installed ARB | ||||||
| CLOA-title holder/s is/are still | ||||||
| in physical possession of the | ||||||
| land. | ||||||
| In case the installed ARB | ||||||
| CLOA-title holder/s is/are no | ||||||
| longer in physical possession | ||||||
| of the awarded land due to | ||||||
| harassment or ejection by the | ||||||
| landowner, the following shall | ||||||
| be undertaken: | ||||||
| 1. | Assist the concerned | |||||
| ARB/s in reporting the | ||||||
| threat/harassment or | ||||||
| ejection attempts of the | ||||||
| landowner to the police/ | ||||||
| military; | ||||||
| 2. | Prepare a comprehensive | |||||
| documentation report; and | ||||||
| 3. | Submit the report to the | • | CARP-LAD Form | |||
| DARPO for the filing of | No. 71 (Report on | |||||
| appropriate legal action | Harassment/ | |||||
| against the concerned | Ejection of Installed | |||||
| parties and plan for re- | ARB CLOA-Title | |||||
| possession of the subject | Holders) | |||||
| landholding by the | ||||||
| displaced ARBs. |
VI. Transitory Provision
With respect to cases where the Master List of ARBs has been finalized on or before July 1, 2009 pursuant to Administrative Order No. 7, Series of 2003, the acquisition and distribution of landholdings shall continue to be processed under the provisions of R.A. No. 6657 prior to its amendment by R.A. No. 9700.
However, with respect to land valuation, all Claim Folders received by LBP prior to July 1, 2009 shall be valued in accordance with Section 17 of R.A. No. 6657 prior to its amendment by R.A. No. 9700. DICSaH
VII. Repealing Clause
All orders, circulars, issuances or portions thereof inconsistent herewith are hereby revoked, cancelled or modified as the case may be.
VIII. Effectivity
This Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation pursuant to Section 49 of R.A. No. 6657.
Quezon City, Metro Manila, October 15, 2009.
(SGD.) NASSER C. PANGANDAMANSecretary
Published in The Philippine Star and Business Mirror on October 21, 2009.
ATTACHMENT
Republic of the Philippines
DEPARTMENT of AGRARIAN REFORM
CERTIFICATION
This is to certify that Administrative Order No. 2, Series of 2009 entitled "RULES AND PROCEDURES GOVERNING THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS UNDER REPUBLIC ACT (R.A.) NO. 6657, AS AMENDED BY R.A. NO. 9700" is published today, Wednesday, 21 October 2009 at Philippine Star and Business Mirror newspapers.
Issued this 21st day of October 2009 for whatever purpose it may serve.
(SGD.) HUGO D. YONZON III
Public Affairs Staff Director
INDEX OF ANNEXES AND FORMS
A. Annexes
|
Annexes
|
Title
|
| CARP LAD Annex "A" | Specific Guidelines Governing the Valuation of Lands Voluntarily Offered or Compulsory Acquired Pursuant to Republic Act No. 6657, as Amended by R.A. No. 9700 |
| CARP LAD Annex "B" | List of Documents Required in the Processing of Claim Folders Under Different Situations |
| CARP-LAD Annex "C" | Judicial Form Utilization Worksheet |
| CARP-LAD Annex "D" | Signing and Sealing Machine Utilization Recording and Reporting Sheet |
| CARP-LAD Annex "E" | Process Flow Chart: Preparation, Issuance and Publication of the Notice of Coverage |
| CARP-LAD Annex "F" | Process Flow Chart: Processing of Landowner's Retention Areas |
| CARP-LAD Annex "G" | Process Flow Chart: Land Acquisition Process |
| CARP-LAD Annex "H" | Process Flow Chart: Identification, Screening and Selection of Agrarian Reform Beneficiaries (ARBs) |
| CARP-LAD Annex "I" | Process Flow Chart: Review, Evaluation and Processing of Claim Folders (CFs) |
| CARP-LAD Annex "J" | Process Flow Chart: Land Valuation and Compensation TDcAIH |
| CARP-LAD Annex "K" | Process Flow Chart: Preparation and Processing of Land Distribution Folder (LDF) |
| CARP-LAD Annex "L" | Process Flow Chart: Generation, Registration and Issuance of Certificates of Land Ownership Award (CLOAs) |
| CARP-LAD Annex "M" | Process Flow Chart: Issuance of Certificate of Land Ownership Award (CLOA-Title) |
| CARP-LAD Annex "N" | Process Flow Chart: Installation of ARB CLOA-Title Holders |
B. Forms
|
Form No.
|
Title
|
| CARP LAD Form No. 1 | Preliminary Information on Landholding Validated and Projected and Subject of Joint Field Investigation |
| CARP LAD Form No. 2 | CF Documentation Memorandum |
| CARP LAD Form No. 3 | Notice of Coverage |
| CARP LAD Form No. 4 | Directive to MARO to Proceed with the Coverage of Agricultural Lands with Notice of Coverage (NOC) |
| CARP LAD Form No. 5 | Report on Failure to Serve the Notice of Coverage (NOC) to the Landowner (LO) and Request for NOC Publication |
| CARP LAD Form No. 6 | Publication of Notice of Coverage (NOC) |
| CARP LAD Form No. 7 | Certification of Posting Compliance (NOC, Letter-Offer, Acceptance Letter and NLVA) |
| CARP LAD Form No. 8 | Landowner's Letter of Submission of Sketch Map of Selected Retained Area and List of Preferred Beneficiaries |
| CARP LAD Form No. 9 | Sketch Map of the Selected Retained Area |
| CARP LAD Form No. 10 | Ocular Inspection Report |
| CARP LAD Form No. 11 | Notice to Landowner on the Portion Selected as Retention Area |
| CARP LAD Form No. 12 | Certification of Retention IDScTE |
| CARP LAD Form No. 13 | Landowner's Request for Certification of Retention |
| CARP LAD Form No. 14 | List of Landholdings with Issued Certificate of Retention |
| CARP LAD Form No. 15 | Landowner's Letter Offer |
| CARP LAD Form No. 15-A | Checklist of Required Documents for Voluntary Offer to Sell (VOS) |
| CARP LAD Form No. 16 | Landowner Information Sheet (LOIS) |
| CARP LAD Form No. 17 | Acceptance Letter for Voluntary Offer to Sell (VOS) |
| CARP LAD Form No. 18 | Requisition for Survey Services (RSS) Involving Lands for Acquisition and Distribution |
| CARP LAD Form No. 19 | Certification on Landowner's Failure to Submit BIR Filed Audited Financial Statement |
| CARP LAD Form No. 20 | Claim Folder (CF) Transmittal Memorandum |
| CARP LAD Form No. 21 | Notice to Conduct Field Investigation (For LBP, BARC, Potential ARBs & DENR and LGU-MAO, If Necessary) |
| CARP LAD Form No. 22 | Invitation Letter to the Landowner on the Conduct of Field Investigation |
| CARP LAD Form No. 23 | Field Investigation Report |
| CARP LAD Form No. 24 | Preliminary List of Potential Agrarian Reform Beneficiaries of CARP |
| CARP LAD Form No. 25 | Request/Petition to be included as Potential ARB in the Preliminary List of ARBs |
| CARP LAD Form No. 26 | Certification of Posting Compliance (For List ARBs) |
| CARP LAD Form No. 27 | Invitation Letter for Meeting on ARB Qualifications |
| CARP LAD Form No. 28 | General Public Notice on Meeting on ARB Qualifications |
| CARP LAD Form No. 29 | Proof of Personal Service of CLF Form No. 27 |
| CARP LAD Form No. 30 | Agrarian Reform Beneficiary (ARB) Application |
| CARP LAD Form No. 31 | Notice of Disqualification as Agrarian Reform Beneficiary |
| CARP LAD Form No. 32 | Updated Preliminary List of Potential Beneficiaries of CARP |
| CARP LAD Form No. 33 | Master List of Agrarian Reform Beneficiaries (ARBs) |
| CARP LAD Form No. 33-A | Master List of ARBs with Provision on BARC Certification and LO Attestation |
| CARP LAD Form No. 33-A.1 | BARC Notarized Certification of Master List of Agrarian Reform Beneficiaries (ARBs) |
| CARP LAD Form No. 33-A.2 | Landowner's Notarized Attestation of the Master List of ARBs |
| CARP LAD Form No. 34 | General Public Notice on Master List of Agrarian Reform Beneficiaries |
| CARP LAD Form No. 35 | Notice of Public Hearing (Petition for Inclusion/Exclusion in the Updated Preliminary List of ARBs in Commercial Farms or Plantations) |
| CARP LAD Form No. 35-A | General Public Notice of Public Hearing on Inclusion and Exclusion of ARBs in Commercial Farms/Plantations |
| CARP LAD Form No. 36 | Transmittal Letter to BARC Re Certification of Master List of ARBs |
| CARP LAD Form No. 37 | Transmittal Letter to LO Re: Attestation of Master List of ARBs |
| CARP LAD Form No. 38 | Report on Partial/Full Non-Attestation/Inaction by the LO of the Master List of ARBs |
| CARP LAD Form No. 39 | Letter to BARC Chairman for the Conduct of Compulsory Arbitration |
| CARP LAD Form No. 40 | BARC Report of Findings on the Compulsory Arbitration |
| CARP LAD Form No. 41 | Master List of Agrarian Reform Beneficiaries (ARBs) as Finalized by PARO Per Resolution of LO Non-Attestation |
| CARP LAD Form No. 42 | Application to Purchase and Farmer's Undertaking (APFU) |
| CARP-LAD Form No. 43 | Personal Notice to ARBs Regarding Briefing and the Schedule of the APFU Signing |
| CARP-LAD Form No. 44 | Notice to Absent ARB Re: Waiver of Rights as an ARB for Failure to Sign APFU |
| CARP-LAD Form No. 45 | Letter to Present ARB Re: Waiver of Rights as an ARB for Failure to Sign APFU |
| CARP-LAD Form No. 46 | Report on the ARB/s' Failure or Refusal to Sign APFU within Prescribed Period |
| CARP-LAD Form No. 47 | Land Distribution and Information Schedule (LDIS) |
| CARP-LAD Form No. 48 | Checklist of Required Documents for Land Valuation with Recommendation Signed Jointly by the DAR-LBP-Pre-Processing Unit |
| CARP-LAD Form No. 49 | Memorandum Request to Value Land |
| CARP-LAD Form No. 50 | Memorandum of Valuation |
| CARP-LAD Form No. 51 | Notice of Land Valuation and Acquisition |
| CARP-LAD Form No. 52 | Landowner's Reply to Notice of Land Valuation and Acquisition |
| CARP-LAD Form No. 53 | Order to Deposit Landowner Compensation |
| CARP-LAD Form No. 54 | Certification of Deposit |
| CARP-LAD Form No. 55 | Transmittal of LO's Reply to Notice of Land Valuation and Acquisition |
| CARP-LAD Form No. 56 | Request for Issuance of Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) in the Name of the Republic of the Philippines (RP) |
| CARP-LAD Form No. 57 | Transmittal to LBP of Copy of RP Title |
| CARP-LAD Form No. 58 | Advice to PARAD/RARAD to Conduct Summary Administrative Proceedings re: LO Rejection/Non-Reply to NLVA |
| CARP-LAD Form No. 59 | Directive to Take Actual and Physical Possession of the Landholding Acquired under CARP Pursuant to R.A. 6657, as Amended, and Proceed with its Distribution to Qualified Beneficiaries |
| CARP-LAD Form No. 60 | Letter to Qualified Agrarian Reform Beneficiary (ARB) Allocating Area of Award |
| CARP-LAD Form No. 61 | Land Distribution Folder (LDF) Transmittal |
| CARP-LAD Form No. 62 | Transmittal of Signed and Sealed CLOA for Registration with ROD |
| CARP-LAD Form No. 63 | Monthly Report of CLOAs Distributed to Agrarian Reform Beneficiaries (ARBs) |
| CARP-LAD Form No. 64 | Invitation to the ARB Installation Planning Conference/Meeting (For Individual ARB CLOA-Title Holders, BARC or Barangay Council, NGOs/POs/Other Support Groups) |
| CARP-LAD Form No. 65 | Invitation to the ARB Installation Planning Conference/Meeting (For Co-Owners/Collective ARB CLOA-Title Holders) |
| CARP-LAD Form No. 66 | Request for Assistance of the DILG-PNP/DND-AFP in the Installation Proceedings |
| CARP-LAD Form No. 67 | PARO's Request for DILG-PNP/DND-AFP Assistance in the Installation of ARB CLOA-Title Holders |
| CARP-LAD Form No. 68A | Notice to Qualified Reform Beneficiary/ies (ARB/s) {For Co-Owners/Collective CLOA-Title Holders} re: Installation Schedule |
| CARP-LAD Form No. 68B | Notice to Qualified Agrarian Reform Beneficiary/ies (ARB/s) {For Individual ARB CLOA-Title Holders) re: Installation Schedule |
| CARP-LAD Form No. 69 | Report on Physical Installation of Agrarian Reform Beneficiaries (ARBs) |
| CARP-LAD Form No. 70 | Report on LO's Refusal to Give Up Possession of Landholding DEcTCa |
| CARP-LAD Form No. 71 | Report on Harassment/Ejection of Installed Agrarian Reform Beneficiary CLOA-Title Holders |
CARP-LAD ANNEX A
Specific Guidelines Governing the Valuation of Lands Voluntarily Offered or Compulsory Acquired Pursuant to Republic Act No. 6657, as Amended by R.A. No. 9700
Pursuant to Section 7 of Republic Act (R.A.) No. 9700, the following are the guidelines governing the valuation of lands subject of acquisition under the Comprehensive Agrarian Reform Program (CARP).
A. The basic formula for the valuation of lands covered by VOS or CA shall be:
LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
Where:
LV = Land Value
CNI = Capitalized Net Income (based on land use and productivity)
CS = Comparable Sales (based on fair market value equivalent to 70% of BIR Zonal Value)
MV = Market Value per Tax Declaration (based on Government assessment)
A.1 Three Factors are Present
When the CNI, CS and MV are present, the formula shall be:
LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
A.2 Two Factors are Present
A.2.1 When the CS factor is not present and CNI and MV are applicable, the formula shall be:
LV = (CNI x 0.90) + (MV x 0.10)
A.2.2 When the CNI factor is not present, and CS and MV are applicable, the formula shall be:
LV = (CS x 0.90) + (MV x 0.10)
A.3 Only One Factor is Present
When both the CS and CNI are not present and only MV is applicable, the formula shall be:
LV = MV x 2
In no case shall the value of idle land using the formula (MV x 2) exceed the lowest value of land within the same estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of Claim Folder (CF.)
A.4 Permanent Crops Not Yet Productive or Not Yet Fruit Bearing
When the land planted to permanent crops is not yet productive or not yet fruit-bearing at the time of Field Investigation (FI), the land value shall be equivalent to the value of the land plus the Cumulative Development Cost (CDC) of the crop from land preparation up to the time of FI. In equation form:
LV = (MV x 2) + CDC
Where:
1. MV to be used shall be the applicable UMV classification of idle land.
2. CDC shall be grossed-up from the date of FI up to the date of LBP CF receipt for processing but in no case shall the grossed-up CDC exceed the current CDC industry based data.
In case the CDC data provided by the landowner could not be verified, DAR and LBP shall secure the said data from concerned agency/ies or, in the absence thereof, shall establish the same through industry studies.
In no case, however, shall the resulting land value exceed the value of productive land similar in terms of crop and plant density within the estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of CF.
In case where CS is relevant or applicable, the land value shall be computed in accordance with Item A.2.2 where MV shall be based on the lowest productivity classification of the particular land use.
A.5 Permanent Crops Not Yet Productive or Not Yet Fruit Bearing Introduced by FBs Under Tenancy Arrangement
When the land is planted to permanent crops introduced by the farmer-beneficiaries (FBs) under tenancy arrangement, as determined by DAR, which are not yet productive or not yet fruit-bearing, the land value shall be computed by using the applicable UMV classification of idle land. In equation form:
LV = (MV x 2)
In no case, however, shall the resulting land value exceed the value of productive land similar in terms of crop and plant density within the estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of CF.
A.6 Permanent Crops No Longer Productive or Ready for Cutting
The value of lands planted to permanent crops which are no longer productive or ready for cutting shall be determined by using the applicable UMV classification of idle land plus the salvage value of the standing trees at the time of the FI. In equation form:
LV = (MV x 2) + Salvage Value
In no case, however, shall the resulting land value exceed the value of productive land similar in terms of crop and plant density within the estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of CF.
In case where CS is relevant or applicable, the land value shall be computed in accordance with Item A.2.2 where MV shall be based on the lowest productivity classification of the particular land use.
A.7 Lands Planted to Seasonal Crops Without Record of Production
A.7.1 For lands with no historical record of production but planted to seasonal crops at the time of FI or whose annual production cannot be established since the land has not completed at least one normal crop cycle for crops whose cycle is more than one year, and at least two normal crop cycles for crops whose cycle is less than one year immediately preceding the date of FI, the land shall be valued based on the lowest productivity classification of the particular land use per FI. In equation form:
LV = MV x 2
In no case, however, shall the resulting land value exceed the value of productive land planted to the same crop with history of production within the estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of CF.
In case where the CS is relevant or applicable, the land value shall be computed in accordance with Item A.2.2 where MV shall be based on the applicable classification of idle land. HESCcA
A.7.2 For lands planted to seasonal crops which are not yet productive at the time of FI but were previously planted to another seasonal crop for at least two (2) years immediately preceding the date of FI, the land value shall be determined as follows:
LV = (CNI x 0.90) + (MV x 0.10)
Where:
1. The CNI of the property shall be based on the annual gross production of the previous crop.
2. The MV of the land shall be based on the applicable UMV classification of the previous crop.
In cases where CS is relevant or applicable, the land value shall be computed in accordance with Item A.2.2 where MV shall be based on the lowest productivity classification of the previous land use.
If the previous crop failed to satisfy the two (2)-year minimum period of planting, the land shall be valued in accordance with Item A.7.1.
In cases where CS is relevant or applicable, the land value shall be computed in accordance with Item A.2.2 where MV shall be based on the lowest productivity classification of the present land use.
A.7.3 For lands planted to seasonal crops intercropped with other seasonal crop/s, none of which have record of production, the land shall be valued in accordance with Item A.7.1 where the MV of the land shall be based on the lowest productivity classification of the crop with the higher or highest UMV.
A.8 The valuation of lands utilized as homelot/s which is/are situated in an idle land or productive land, shall be the same as said idle or productive land.
If the homelot/s is/are situated in or adjacent to lands with different land uses, the value of the homelot shall follow the lowest land value of the land where it is situated in or adjacent to.
A.9 In all of the above, the computed value using the applicable formula shall in no case exceed the landowner's (LO) offer in case of VOS. The LO's offer shall be grossed up from the date of the offer up to the date of receipt of CF by LBP from DAR for processing.
A.10 The date of receipt of CF by LBP from DAR shall mean the date when the CF is determined by the LBP-Agrarian Operations Centers' Claims Valuation, Processing and Payment Division to be complete with all the required documents and valuation inputs duly verified and validated, and ready for final computation/processing.
A.11 The basic formula in the grossing up of valuation inputs such as LO's Offer, BIR Zonal Value and Market Value per Tax Declaration (MV) shall be:
|
Grossed-Up Valuation
|
=
|
Valuation
|
x
|
Regional Consumer
|
|
Input
|
|
Input
|
|
Price Index (RCPI)
|
|
|
|
|
|
Adjustment Factor
|
The RCPI Adjustment Factor shall refer to the ratio of the most recent available RCPI for the month issued by the National Statistics Office (NSO) as of the date when the CF was received by LBP from DAR for processing and the RCPI for the month as of the date/effectivity/registration of the valuation input. Expressed in equation form:
| Most Recent RCPI for the Month as of | ||
| the Date of Receipt of CF by LBP from | ||
| DAR | ||
| RCPI Adjustment | = | ———————————————— |
| Factor | RCPI for the Month Issued as of | |
| Date/Effectivity/Registration of the | ||
| Valuation Input |
B. Capitalized Net Income (CNI) — This shall refer to the difference between the gross sales (AGP x SP) and total cost of operations (CO) capitalized at 12%.
Expressed in equation form:
|
|
|
(AGP x SP) – CO
|
|
CNI
|
=
|
————————
|
|
|
|
0.12
|
Where:
CNI = Capitalized Net Income
AGP = Annual Gross Production corresponding to the latest available 12-months' gross production immediately preceding the date of FI.
SP = The average of the latest available 12-months' selling prices prior to the date of receipt of the CF by LBP for processing.
CO = Cost of Operations corresponding to the latest available 12-months' immediately preceding the date of FI.
The CO shall include the direct and indirect cost related to production.
0.12 = Capitalization Rate
Whenever the cost of operations could not be obtained or verified, the CNI shall be computed based on the Net Income Rate (NIR). Expressed in equation form:
|
|
|
(AGP x SP x NIR)
|
|
CNI
|
=
|
————————
|
|
|
|
0.12
|
Where:
a. For productive coconut lands, the applicable NIR is 70%;
b. For sugar lands and rubber, refer to pertinent existing guidelines;
c. For other crops, the assumed NIR is 20%.
DAR and LBP shall continue to conduct joint industry studies to establish the applicable NIR for each crop covered under CARP.
B.1 The landowner shall be required to submit BIR-filed audited financial statement of the land subject of acquisition for the purpose of determining the annual gross production, selling price (farm gate) and cost of operation and such other data as may be required. These data shall be validated/verified by the DAR and LBP field personnel against LO's accounting records, industry data and field interview.
In case of failure by the landowner to submit the statement fifteen (15) days prior to the date of field investigation of the landholding per request of the Municipal Agrarian Reform Officer (MARO) or the data stated therein cannot be verified/validated, DAR and LBP may adopt any applicable industry data or, in the absence thereof, conduct an industry study on the specific crop which will be used in determining the production, cost and net income of the subject landholding.
B.2 Industry data on production, cost of operations and selling price shall be obtained from government/private entities. Such entities shall include, but not be limited to, the LGU-Municipal/Provincial Agriculturist Office, the Sugar Regulatory Authority (SRA), the Philippine Coconut Authority (PCA), BAS-Provincial Agricultural Statistics Office and other private persons/entities knowledgeable in the concerned industry.
If possible, AGP and SP data shall be gathered from the barangay or municipality where the property is located. In the absence thereof, AGP and SP may be secured within the province or region.
B.3 For landholdings planted to permanent crops which are productive and introduced by the farmer-beneficiaries under tenancy arrangement, as determined by DAR, CNI shall be equal to 25% of the annual net income capitalized at 12%.
B.4 For landholdings devoted to intercropping, the total income contribution of each crop, whether seasonal or permanent, shall be considered in the determination of CNI. "Intercropping" shall refer to the practice of planting seasonal or other permanent crop/s between or under existing permanent or seasonal crop/s. Depending on the intercropping practice, the CNI and the LV of the property shall be computed using the following formula:
a. Landholdings Planted to Permanent Crop/s Intercropped with Other Permanent Crop/s
a.1 In case all the permanent crops are productive or fruit-bearing at the time of the FI, the CNI per hectare of the property is derived by dividing the Total Net Income (TNI) per hectare by the capitalization rate.
Expressed in equation form:
|
|
|
TNI per Hectare
|
|
CNI/Ha
|
=
|
————————
|
|
|
|
0.12
|
Where:
|
|
|
NI 1 + NI 2 + . . . + NI n
|
|
TNI/Ha
|
=
|
——————————
|
|
|
|
Total Area
|
TNI refers to the sum of the net income contribution of each permanent crop.
NI 1, NI 2 . . . NI n represent the annual net income of each crop.
Total area is the hectarage of the land where all the crops are commonly planted.
The MV shall include the UMV of the land and the permanent trees. The MV of the land to be used shall be based on the highest UMV among the land use/s while the UMV of the permanent trees shall be based on the actual productivity classification of each permanent crop.
a.2 In case one or more of the permanent crops are productive or fruit-bearing and the other permanent crops are not yet productive, the value of the property shall be the sum of the land value of the productive permanent crop/s and the total CDC of the permanent crop/s which is/are not yet productive. Expressed in equation form: CTIDcA
|
|
|
LV (productive
|
|
CDC (not yet
|
|
Total LV
|
=
|
permanent
|
+
|
productive
|
|
|
|
crop/s)
|
|
permanent
|
|
|
|
|
|
crops)
|
The CNI of the productive permanent crop/s shall be determined in accordance with Item B.4.a.1.
The MV of the land shall be based on the highest UMV among the productive land use/s.
The CDC of the permanent crop/s shall be determined in accordance with Item A.4.2.
In no case shall the resulting land value exceed the value of the productive land similar in terms of crop and plant density within the estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of CF.
a.3 In case all the permanent crops are not yet productive or not yet fruit-bearing at the time of the FI, the value of the property shall be determined in accordance with A.4. Expressed in equation form:
|
Total
|
=
|
|
|
Total CDC of All
|
|
LV
|
|
(MV x 2)
|
+
|
Permanent Crops
|
b. Landholdings Planted to Permanent Crop/s Intercropped with Seasonal Crop/s
b.1 The CNI of the seasonal crop/s may only be considered if said intercropping has been continuously practiced for three (3) consecutive crop cycles immediately preceding the date of FI. Once crop cycle is defined as the period from the time the crop is planted until it bears fruit or is harvested.
b.2 In case the permanent crop/s and the seasonal crop/s are all productive at the time of the FI, the CNI of the permanent and seasonal crops shall be determined based on Item B.4.a.1 in accordance with the condition set forth in Item B.4.b.1.
b.3 In case all the permanent crops are not yet productive or not yet fruit-bearing at the time of the FI and the intercropping with seasonal crop has been continuously practiced for three (3) consecutive crop cycles immediately preceding the date of FI, the value of the property shall be the sum of the land value of the productive seasonal crop/s and the total CDC of the permanent crop/s which is/are not yet productive or not yet fruit-bearing. Expressed in equation form:
|
|
|
LV (productive
|
|
CDC (not yet
|
|
Total LV
|
=
|
seasonal crop/s)
|
+
|
productive
|
|
|
|
|
|
permanent crop/s/
|
The LV of the productive seasonal crop/s shall be the sum of the CNI per hectare of the seasonal crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive seasonal crop/s.
The CDC of the permanent crop/s shall be determined in accordance with Item A.4.2.
In no case shall the resulting land value exceed the value of productive land similar in terms of crop and plant density within the estate under consideration or within the same barangay, municipality or province (in that order) approved by LBP within one (1) year from receipt of CF.
c. Landholdings Planted to Seasonal Crop/s Intercropped with Other Seasonal Crop/s
For landholdings planted to seasonal crop/s intercropped with other seasonal crop/s and the said intercropping has been continuously practiced for three (3) consecutive crop cycles immediately preceding the date of FI, the CNI of the property shall be computed in accordance with the formula defined under Item B.4.a.1.
The MV of the land shall be based on the highest UMV among productive seasonal crop/s.
d. Landholdings Planted to Seasonal Crop/s with Sporadically Planted Permanent Crop/s
d.1 For landholdings planted to seasonal crop/s with sporadically planted permanent crop/s introduced by the LO which is/are already productive or fruit-bearing at the time of FI, the value of the land shall be:
|
Total LV
|
=
|
LV (Seasonal
|
+
|
Value of Standing
|
|
|
|
Crop/s)
|
|
Permanent Crop/s
|
|
Where:
|
|
|
|
|
|
Value of
|
|
|
|
|
|
Standing
|
=
|
LV/Tree
|
x
|
No. Trees Per
|
|
Permanent
|
|
|
|
Hectare
|
|
Crop/s
|
|
|
|
|
|
LV/Tree
|
=
|
(CNI/Tree x 0.90)
|
+
|
(MV/Tree x 0.10)
|
The LV of the seasonal crop/s shall be the sum of the CNI per hectare of the seasonal crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive seasonal crop/s.
d.2 For landholdings planted to seasonal crop/s with sporadically planted permanent crop/s introduced by the FB/s under tenancy arrangement which is/are already productive or fruit-bearing at the time of FI, the value of the land shall be:
|
|
|
Value of
|
||
| Total LV | = |
LV (Seasonal Crop/s)
|
+
|
Permanent
|
|
|
|
Crop/s
|
||
| Where: |
|
|
|
|
|
|
|
|
||
| Value of Standing |
|
|
No. Trees
|
|
| Permanent | = |
LV/Tree
|
x
|
Per Hectare
|
| Crop/s |
|
|
|
|
|
|
|
|
||
|
|
|
|
||
| LV/Tree = CNI/Tree x 0.67 x 0.25 |
The LV of the seasonal crop/s shall be the sum of the CNI per hectare of the seasonal crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive seasonal crop/s.
d.3 For landholdings planted to seasonal crop/s with sporadically planted permanent crop/s introduced by the LO which is/are not yet productive or fruit-bearing at the time of FI, the value of the land shall be:
|
|
|
|
Value of
|
|
| Total LV |
=
|
LV (Seasonal Crop/s)
|
+
|
Permanent
|
|
|
|
|
Crop/s
|
|
| Where: |
|
|
|
|
| Value of |
|
|
|
No.
|
| Permanent |
=
|
CDC/Tree
|
x
|
Trees Per
|
| Crop |
|
|
|
Hectare
|
The LV of the seasonal crop/s shall be the sum of the CNI per hectare of the seasonal crop/s as defined under Ite
m B.4.a.1. The MV of the land shall be based on the highest UMV among the productive seasonal crop/s.
d.4 For landholdings planted to seasonal crop/s with sporadically planted permanent crop/s introduced by the FB/s under tenancy arrangement which is/are not yet productive or fruit-bearing at the time of FI, the value of the land shall be:
LV = LV of Seasonal Crops
The LV of the seasonal crop/s shall be the sum of the CNI per hectare of the seasonal crop/s as defined under Item B.4.a.1.
The MV of the land shall be based on the highest UMV among the productive seasonal crop/s.
e. Landholdings Planted to Productive Permanent Crop/s with Sporadically Planted Permanent Crop/s
e.1 For landholdings planted to productive permanent crop/s with sporadically planted permanent crop/s introduced by the LO which is/are already productive or fruit-bearing at the time of FI, the value of the land shall be:
|
|
LV (Productive
|
|
Value of
|
|
| Total LV |
=
|
Permanent
|
+
|
Sporadically
|
|
|
Crop/s)
|
|
planted
|
|
|
|
|
|
Permanent Crop/s
|
|
| Where: |
|
|
|
|
|
|
|
|
|
|
| Value of |
|
|
|
|
| Sporadically |
=
|
LV/Tree
|
x
|
No. Trees Per
|
| planted |
|
|
|
Hectare
|
| Permanent |
|
|
|
|
| Crop/s |
|
|
|
|
LV/Tree = (CNI/Tree x 0.90) + (MV/Tree x 0.10)
The LV of the productive permanent crop/s shall be the sum of the CNI per hectare of the permanent crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive permanent crop/s.
e.2 For landholdings planted to productive permanent crop/s with sporadically planted permanent crop/s introduced by the FB/s under tenancy arrangement which is/are already productive or fruit-bearing at the time of FI, the value of the land shall be: HSTCcD
|
|
|
|
Value of
|
|
|
|
LV (Productive
|
|
Sporadically
|
|
| Total LV |
=
|
Permanent Crop/s)
|
+
|
planted
|
|
|
|
|
Permanent Crop/s
|
|
| Where: |
|
|
|
|
| Value of |
|
|
|
|
| Sporadically |
|
|
|
No.
|
| planted |
=
|
LV/Tree
|
x
|
Trees Per
|
| Permanent |
|
|
|
Hectare
|
| Crop/s |
|
|
|
|
LV/Tree = CNI/Tree x 0.67 x 0.25
The LV of the productive permanent crop/s shall be the sum of the CNI per hectare of the permanent crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive permanent-crop/s.
e.3 For landholdings planted to productive permanent crop/s with sporadically planted permanent crop/s introduced by the LO which is/are not yet productive or fruit-bearing at the time of FI, the value of the land shall be:
|
|
|
|
Value of
|
|
|
|
LV (Productive
|
|
Sporadically
|
|
| Total LV |
=
|
Permanent Crop/s)
|
+
|
planted
|
|
|
|
|
Permanent Crop/s
|
|
|
|
|
|
|
|
| Where: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Value of |
|
|
|
No. Trees
|
| Sporadically |
=
|
CDC/Tree
|
x
|
Per Hectare
|
| planted |
|
|
|
|
| Permanent | ||||
| Crop |
The LV of the productive permanent crop/s shall be the sum of the CNI per hectare of the permanent crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive permanent crop/s.
e.4 For landholdings planted to productive permanent crop/s with sporadically planted permanent crop/s introduced by the FB/s under tenancy arrangement which is/are not yet productive or fruit-bearing at the time of FI, the value of the land shall be:
LV = LV of Productive Permanent Crop/s
The LV of the productive permanent crop/s shall be the sum of the CNI per hectare of the permanent crop/s as defined under Item B.4.a.1. The MV of the land shall be based on the highest UMV among the productive permanent crop/s.
Item B.4.e shall apply provided all the productive permanent crops satisfy the fifty percent (50%) standard planting density requirement provided under Item D.
f. Lands under Crop Rotation
f.1 For lands devoted to crop rotation, the total net income contribution of each crop shall be considered in the determination of CNI. The number and kind of seasonal crops selected for crop rotation varies from farm to farm and may include at least one leguminous crop. The AGP, as defined under item B may only be considered if said crop rotation has been continuously practiced for at least two (2) years immediately preceding the date of FI.
The Total Net Income (TNI) of the property shall be the sum of the net income of each crop.
Expressed in equation form:
|
NI 1 + NI 2 + . . . + NI n
|
||
| TNI/ha | = |
——————————
|
|
Total Area
|
Where:
TNI is the sum of the annual net income contribution of each crop.
NI 1, NI 2 . . . NI n represent the annual net income contribution of each seasonal crop.
Total area is the hectarage of the land where the crop rotation is practiced.
The MV of the land shall be based on the highest UMV classification of the crops rotated.
f.2 If the crop rotation was not practiced continuously for at least two years immediately preceding the date of FI, the land shall be valued based on the primary crop.
B.5 Annualization of AGP
For seasonal crops, at least one normal crop cycle shall be used to get AGP for crops whose cycles are more than one (1) year. For crops whose cycle is less than one (1) year, two (2) normal crop cycles shall be required.
1. In case the crop cycle is more than one (1) year, the formula shall be:
|
|
|
Total Production (TP)
|
|
|
|
AGP
|
=
|
———————————————
|
x
|
12
|
|
|
|
No. of months in one complete cycle
|
|
|
2. In case the crop cycle is less than one (1) year, the following rules shall apply:
a. The TP of all completed crop cycles within the year shall be considered.
b. In case there is more than one (1) crop cycle within the 12-month period, the AGP, as defined under Item B shall be the sum of the actual production from all the crop cycles completed within the said period divided by the total number of months needed to complete the said crop cycles, and multiplied by 12 to annualize AGP. In equation form:
|
TP1 + TP2 + . . . + TPn
|
||||
| AGP | = |
———————————————
|
x | 12 |
|
No. of months in one complete cycle
|
Where:
TP1 = Total actual production for the 1st crop cycle SAEHaC
TP2 = Total actual production for the 2nd crop cycle
TPn = Total actual production for the nth crop cycle
B.6 For landholdings registered under the name of one landowner: (a) involving different lots or titles; (b) properties are adjacent and contiguous; (c) same land use, slope/topography and level of productivity; (d) with different or same dates of FI; and (e) with different or same dates of CF receipt, the AGP and SP shall be reckoned as follows:
A. If the FI is conducted within the 12-months period interval; the date of FI to be used in the determination of AGP shall be the date of the latest FI.
B. If the various CF receipts are within the 12-months period interval, the date of CF receipt to be used in the determination of SP shall be the date of the earliest CF receipt by LBP from DAR.
C. CS shall refer to 70% of BIR Zonal Value. Zonal Value — is an approved zonal schedule of fair market values on real property issued by the BIR as basis for the computation of internal revenue taxes.
C.1 The most recent schedule of Zonal Values (SZV) issued prior to receipt of CF by LBP shall be considered.
C.2 The Zonal Value to be used must be the zonal value upon the effectivity of R.A. No. 9700 but must be grossed up from the date of the effectivity of the SZV up to the date of receipt of CF by LBP from DAR for processing, in accordance with Item A.11.
C.3 The Zonal Value of the land shall be based on the actual land use per FI.
D. In the computation of Market Value per Tax Declaration (MV), the most recent Tax Declaration (TD) and Schedule of Unit Market Value (SUMV) issued prior to receipt of CF by LBP shall be considered. The Unit Market Value (UMV) shall be grossed up from the date of its effectivity up to date of receipt of CF by LBP from DAR for processing, in accordance with Item A.11.
D.1 In case the area as appearing in the TD differs from the area per approved survey plan, the latter shall prevail.
D.2 In case the land classification/land use per FI differs from that reflected in the TD, the former shall prevail and the UMV of the land classification per FI shall be obtained from the provincial assessor's office concerned.
D.3 In case the UMV for a certain land classification in the municipality where the property is located is not available, the UMV of the same land classification in an adjacent municipality may be used.
D.4 In cases where the trees are not yet productive/fruit-bearing or not longer productive/ready for cutting, MV shall only include the value of the land.
D.5 In cases where the trees are already productive or fruit-bearing, the land productivity classification of the property whenever possible shall be established in accordance with the assessment regulations issued by the appropriate agency.
D.6 The value of the trees introduced by the farmer-beneficiaries under tenancy arrangement, as determined by DAR, lessees or third parties shall not be considered in the MVTD computation.
D.7 For purposes of establishing the land use per MV, at least fifty percent (50%) of the standard density per hectare based on industry, shall be required. If no permanent crop meets the minimum fifty percent (50%) standard density requirement, the UMV for the land shall be based on the applicable classification of idle land.
E. Valuation of infrastructure, to be undertaken by LBP, shall be governed by the following:
E.1 As used in this Section, the following terms shall have the following meanings:
1. Permanent shall refer to additions, changes or improvement which substantially enhance the value of the property to include, but not limited to:
a. Buildings and constructions of all kinds adhered to the soil;
b. Everything attached to the land in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; and
c. Agricultural machinery and transport equipment that are essential to carry out the intended farming operations, on-farm processing and marketing of farm products.
2. Necessary shall refer to civil works and/or mechanical contrivances considered as valuable additions made to the property or an amelioration in its condition that are essential and indispensable in production, post-harvest and marketing activities in the farm or plantation.
3. Beneficial shall embrace betterments that are useful and advantageous to the farmer-beneficiaries to increase production, reduce operating expenses, minimize crop losses and improve product quality. TDaAHS
E.2 To entitle the owner to compensation for the infrastructures, the following must be present:
1. The infrastructure must be permanent, necessary and beneficial as defined under Item E.1.1.
2. The infrastructure must not be owned by the government or by the farmer-beneficiaries;
3. The infrastructure must be present in the land covered by CARP and verified to be serviceable and functional;
4. The landowner/s and the farmer-beneficiaries (FBs) must agree on the appraisal of the infrastructure determined by LBP or the FBs are willing to shoulder the difference between the amount offered by the landowner and the appraised value;
5. The landowner and the FBs shall execute a deed of sale covering the infrastructure based on its appraised value;
6. The FBs shall execute promissory note signifying their commitment to pay the value of the infrastructure based on its remaining useful life at an interest of six percent (6%) per annum;
7. If both the land and/or infrastructure are owned by several persons, the consent of all the co-owners is necessary;
8. The FBs should be a duly organized cooperative and by majority vote of all its members has approved the acquisition of the infrastructure; and
9. The infrastructure were not previously included in the valuation of the land.
E.3 The land on which the infrastructure stand or are located should be valued separately from the infrastructure. The land value shall be determined using the applicable formula under Item A.3.
E.4 The landowner shall not be compensated or paid for infrastructure introduced by third parties such as the government, farmer-beneficiaries or others.
CARP-LAD ANNEX B
List of Documents Required Under Different Situations
A. Basic Documents Applicable to All Landowners
1. Proof of Property Ownership Documents
• ROD Certified copy of titles for titled properties; or
• Deeds of Acquisition for untitled properties;
NOTE: For situational details, please see succeeding requirements
2. Latest Tax Declaration/s
a. For the Land — must be based on the unit market value
b. For Permanent Improvements (if any) — pertinent data like dates and costs of construction, etc. must be indicated.
Common to Both Tax Declarations
— must be in the name of the registered owner
— must be duly certified by the Assessor concerned
3. Boundary or Perimeter Sketch Plan Certified by a Licensed Geodetic Engineer — if the whole property is offered/covered; or
Segregation Survey Plan Approved by the DENR-LMS — if the property is partly offered by only a co-owner or if the property is partly covered
4. Notarized Letter Offer, if under VOS
5. Register of Deeds Certification stating that the property is free from all liens and encumbrances.
NOTE: Existing entries on liens and encumbrances appearing in the title must be duly cancelled before property will be acquired and paid by the government.
6. Real Estate Taxes on the Landholding
• Real Estate Tax Clearance — if taxes are fully paid up to the current/present year, years paid must be indicated
• Statement of Tax Delinquency — if taxes are not fully paid, years unpaid and total amount of delinquency must be indicated; or
NOTE: Cut off date of tax payment to be made by the landowner is the date of issuance of new title in the name of the Republic of the Philippines.
B. For Titled Landholdings
1. For preliminary identification of the property, copy of the title must be:
a. duly certified by the Register of Deeds;
b. clear and legible, complete in pages; and
c. in the name of the landowner/offeror or claimant, or if not yet in the name of the offeror, copy of deed of transfer, donation, or other documents such as deed of absolute sale, lease or management contract, etc. must be submitted, subject to the provisions of paragraph 4, Section 6 of R.A. No. 6657, as amended.
2. For purposes of payment, the owner's duplicate copy of the title must be:
a. free from all liens and encumbrances;
b. must be registered in the name of the offeror or claimant; and
c. must be surrendered to the LBP.
C. For Untitled Landholdings
1. Certification of the DENR-CENRO or Regional Technical Director, Lands Management Service, pursuant to DAR-DENR-LBP Joint Memorandum Circular No. 12, Series of 1994 as reconciled with Republic Act (R.A.) No. 7196, Joint DENR-DAR Administrative Order No. 2003-1 and applicable rules and regulations
2. Approved Survey Plan (ASP). If ASP is not available, a cadastral map and geographical position and plane coordination of the points duly certified by the Chief, Survey Division of DENR
3. Certified copy of the latest Tax Declaration from the Assessor's file in the name of the landowner with verified and correct lot numbers and area per approved plan
4. Instruments of acquisition covering the subject property, such as deeds of sale, donation, transfer, etc. in favor of landowner and those of his predecessor/s-in-interest EAICTS
5. Certification of the Assessor concerned showing the Tax Declaration issued, the declarant/s, the area covered, and the basis for the issuances and cancellations thereof up to the Tax Declaration issued in the name of the landowner, as well as any existing liens on the present and previous Tax Declaration
6. Certification from the Clerk of Court concerned whether or not the property/ies identified in the Approved Survey Plan is/are covered by land registration proceedings or civil case, and if the same has been used as bond in other Court actions
7. Certification from the Assessors' Office concerned that per their records, the property/ies as appearing in the Approved Survey Plan is/are free from all liens and encumbrances
8. LRA Certification that the property is not within any decreed or titled property
D. For Mortgaged Landholdings
1. Updated Statement of Account from creditors, if loan or mortgage obligation is not yet fully paid or released;
2. Updated Mortgage Loan Value or Appraised Value of the Property as of June 15, 1988;
3. Release of Mortgage from creditors, if loan or mortgage is already paid but not yet cancelled in title; or when loan shall be deducted from proceeds of claim; and must be registered.
E. For Foreclosed Landholdings
1. If the property is foreclosed and the redemption period has not yet lapsed and the title has not been consolidated in the name of the mortgagee-bank, the latter's conformity to have the landowner re-acquire the property; and
2. Copy of the Deed of Reconveyance issued by the mortgagee-bank duly registered and annotated in the title.
F. For Landholdings with Permanent Improvements
1. Audited Financial Statements of Landowners, if available.
2. Pertinent Data/Appraisal from Government/Other Accredited Private Agencies.
3. Interviews/Certifications from Farmer-Beneficiaries on Production — must be duly verified/validated from the neighborhood or from disinterested parties.
NOTE: Only document 1 is submitted by the landowner
Document 2 or 3 are secured by the LBP
G. For Landholdings Co-owned by Several Co-owners
1. Under-VOS, if co-owner voluntarily offers his share only under CA, the portion under coverage —
a. Segregation Survey Plan showing portion of his share offered, if under VOS; if under CA, portion showing area covered (after determining share per co-owner);
b. Technical Description/s of Lot/s Surveyed — must be in narrative form; duly approved by the DENR;
c. Partition Agreement regarding property's subdivision among all registered co-owners; must be duly registered and annotated in the title.
2. Board Resolution Certified by the Corporate Secretary appointing and authorizing a particular person to dispose and convey the subject property and to sign the necessary transfer documents for and in behalf of the Corporation.
H. Where the Landowner is a Corporation or Partnership
1. Authenticated copies of the Articles of Incorporation & By-Laws of the Corporation of Partnership with Certificate of Registration from the Securities and Exchange Commission (SEC);
2. Board Resolution Certified by the Corporate Secretary appointing and authorizing a particular person to dispose and convey the subject property and to sign the necessary transfer documents for and in behalf of the Corporation; and cHaICD
3. Current Residence Certificates of the authorized representative, and the Corporation.
I. Where the Landowner is a Minor (Applicable only when the estate exceeds P50,000.00) or is an Incapacitated Person
1. Letters of Guardianship issued by a competent court;
2. Oath of Office of the guardian; and
3. Court Authority for the guardian to dispose of the subject property pursuant to R.A. No. 6657, as amended, and to sign all land transfer documents and registration thereof.
J. Where the Landowner is Deceased
1. Extra-Judicial Settlement of Estate
a. Deed of Extra-Judicial Settlement of Estate must be:
— executed by all heirs concerned;
— published in a newspaper of general circulation for at least three (3) consecutive weeks; and
— registered with the Register of Deeds concerned and annotated in the title (if titled)
b. BIR Tax Clearance as to payment of estate taxes
c. Certification of Publication of the Deed of Extra-Judicial Settlement of Estate by the Publisher
NOTE: Documents b and c are requirements of the Register of Deeds (not of the DAR or LBP) before the Deed of Extra Judicial Settlement is registered.
2. Judicial Settlement of Estate
a. Special Proceedings Still Pending
a.1 Letters of Administration/Letters of Testamentary issued by a competent court
a.2 Oath of Office of the Administrator or Executor
a.3. Court Authority for the Administrator or Executor to dispose subject property under R.A. No. 6657, as amended, and registration thereof.
b. Special Proceedings Already Terminated
b.1 Project of Partition of the estate of the deceased duly approved by a competent court and registered
3. Conformity of All the Heirs to the partition/settlement of the estate of the deceased.
4. Death Certificate of the Deceased issued by the Local Civil Registrar or National Statistic Office
CARP-LAD ANNEX C
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of __________________
Region No. _____________
Judicial Form Utilization Worksheet
1) JF Utilization Control No. ______________
2) Title Issued by DAR: EP [ ] CLOA [ ]
3) RP Title Issued by ROD: TCT [ ] OCT [ ]
4) Program Class: __________________
5) Municipality: _________________
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Survey
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EP/CLOA
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Remarks
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Reason
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ARB
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(Barangay)
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Spouse
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(6)
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(Please use Additional sheet if necessary)
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(16) Prepared by:
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(17) Noted/Approved by:
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(18) Approved by:
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Judicial Form Account Officer
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CARPO for Operations (DARPO)
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CARPO for Operations (DARRO)
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CARP-LAD ANNEX D
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region No. _____________
Signing and Sealing Machine Utilization Recording and Reporting Sheet
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Accomplished Judicial forms
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Requisition
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Signing
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Date signed
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Received by
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Remarks
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Province
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documents
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Serial
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Area
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from
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and
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and Sealed
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to be
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Control
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Sealing
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signed and
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Machine
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Sealed 1
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Control
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| Signed and Sealed by: | Noted by: | ||||||||
| ________________________________ | ________________________________________________________ | ||||||||
| Signing and Sealing Machine Operator | Assistant Regional Director for Operations (ARDO)/Regional Director |
CARP-LAD ANNEX E
Omnibus LAD IRR
A. Preparation, Issuance & Publication of the Notice of Coverage
A.1. Projection of Lands for Coverage
CARP-LAD ANNEX F
Omnibus LAD IRR
B. Processing of Landowner's Retention Areas
B.1 Landholdings Above Five (5) Hectares
CARP-LAD ANNEX G
Omnibus LAD IRR
C. Land Acquisition Process
C.1 Lands Covered under Voluntary Offer to Sel (VOS)
CARP-LAD ANNEX H
Omnibus LAD IRR
D. Identification, Screening and Selection of ARBs
D.1 Identification and Preparation of Preliminary List of Potential ARBs
CARP-LAD ANNEX I
Omnibus LAD IRR
E. Review, Evaluation and Processing of Claim Folders (CFs)
CARP-LAD ANNEX J
Omnibus LAD IRR
F. Land Valuation and Compensation
F.1 Determination of Land Value
CARP-LAD ANNEX K
Omnibus LAD IRR
G. Preparation, and Processing of Land Distribution Folder (LDF)
CARP-LAD ANNEX L
Omnibus LAD IRR
H. Generation, Registration and Issuance of CLOAs
CARP-LAD ANNEX M
Omnibus LAD IRR
I. Issuance of CLOA-Title
CARP-LAD ANNEX N
Omnibus LAD IRR
J. Installation of ARB CLOA-Title Holders
CARP-LAD FORM NO. 1
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _____________
Province of ______________
Region No. _____________
Preliminary Information on Landholdings Validated and Projected and Subject of Joint Field Investigation
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Name of
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OCT/TCT/TD
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Lot No.
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Approved
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Total Area
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Location of
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Physical
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Land Use 2
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Landowner
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No.
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Survey
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(Ha.)
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Property
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Land Status 1
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________
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1 Indicate whether subject landholding is presently being cultivated/suitable to agriculture or idle/vacant.
2 Indicate whether sugarland, cornland, irrigated riceland, unirrigated riceland and others (specify).
CERTIFICATION:
We hereby certify that the above landholdings have undergone initial projection based on DENR Land Classification Map and found to be within the alienable and disposable area.
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_____________________________
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___________________________
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_______________________________
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Municipal Agrarian Reform Officer
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DARPO CARPO Operations
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Provincial Agrarian Reform Officer
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__________________
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____________________
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________________________
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Date
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Date
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Date
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CARP-LAD FORM NO. 2
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of ____________
Region No. _________
CF DOCUMENTATION MEMORANDUM
_____________________
MEMORANDUM
| TO | : | _____________________________ |
| Municipal Agrarian Reform Officer | ||
| Municipality of ________________ | ||
| FROM | : | _____________________________ |
| Provincial Agrarian Reform Officer | ||
| SUBJECT | : | CF Documentation for the Landholding of |
| __________________________________ |
Please find attached for your appropriate action the following:
1. Preliminary Information on Landholdings Validated and Projected and Subject of Joint Field Investigation (CARP-LAD Form No. 1)
2. [ ] Notice of Coverage {NOC} (CARP-LAD Form No. 3)
[ ] Directive to MARO to Proceed with the Coverage of Agricultural Lands with NOC (CARP-LAD Form No. 4)
of the landholding/s of _______________________ embraced by OCT/TCT/TD No./s _____________ with Lot No/s. _____________ and Approved Survey No/s. _____________ with an area of __________________ (has.) and located in _______________________________________________.
You are hereby instructed to cause the service to the landowner of either the NOC or copy of the Directive to MARO to proceed with the acquisition and distribution of the subject landholding, as the case may be. The Notice of Coverage (NOC) is to be posted for seven (7) days in conspicuous places in the municipality/city and barangay and a Certification of Posting Compliance (CARP-LAD Form No. 7) from proper authorities obtained thereafter.
For compliance.
_____________________________Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 3
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of ____________
Region No. ___________
NOTICE OF COVERAGE
________________________
(Name of Registered Owner/s)
________________________
________________________
(Address)
Dear Sir/Madam :
Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, subjects under the coverage of the Comprehensive Agrarian Reform Program (CARP), your landholding/s with the following description/s:
OCT or TCT No./s: ___________________________________________
Tax Declaration No./s: _________________________________________
Lot No./s: ___________________________________________________
Approved Survey No./s: ________________________________________
Area per Title/TD: ________________________________________ (has.)
Approximate Area Covered per Title/TD: ______________________ (has.)
Location of Property/ies: ________________________________________
____________________________________________________________.
Relative hereto, you have:
1) the right to choose your retention area not exceeding five (5) hectares pursuant to Section 6 of R.A. No. 6657, as amended; and
2) the privilege to nominate your child/ren who is/are at least fifteen (15) years of age and actually tilling or directly managing the farm as your preferred beneficiary/ies in the subject landholding.
Within thirty (30) calendar days from receipt of this Notice of Coverage (NOC) or thirty (30) calendar days from the date of NOC publication when its publication is necessary, you are required to submit to the Department of Agrarian Reform Municipal Office (DARMO) of _________________________ the following:
1. Sketch map of the entire property with delineation or shading or any general indication of the area you intend to retain (CARP-LAD Form No. 9 hereto attached). Should you fail to identify your choice of retention area and to submit the sketch map within the prescribed period of thirty (30) days, the Department of Agrarian Reform (DAR) will identify and choose the retention area in your behalf. HTCIcE
2. List of name/s of nominated child/ren as preferred beneficiary/ies (CARP-LAD Form No. 8 hereto attached). Failure to submit the said list and supporting documents (i.e., certified copy/ies of NSO birth certificate/s of preferred beneficiary/ies and two other documents indicating parental relationship of LO to each nominated preferred beneficiary/ies) within the prescribed period of thirty (30) days would constitute waiver of your privilege to nominate your child/ren who may qualify as preferred beneficiary/ries.
Fifteen (15) days prior to the conduct of field investigation, you shall be notified and required by the DARMO to submit the latest BIR filed audited financial statement supported by accounting records which shall be considered in the determination of the land value pursuant to Section 17 of R.A. No. 6657 and other applicable rules and regulations. In the event that you fail to submit the aforementioned documents within the prescribed period, the DAR and the Land Bank of the Philippines (LBP) shall adopt applicable industry data which shall be used in determining the production, cost and net income of your landholding.
Pursuant to Executive Order No. 405 dated 14 June 1990, the LBP shall determine the land value of the subject landholding. You shall be notified accordingly as soon as the DAR receives the LBP's Memorandum of Valuation.
Application for an exemption clearance or for exclusion from CARP coverage of your landholding must be filed with the DAR Provincial Office (DARPO) within thirty (30) calendar days from receipt of this NOC or thirty (30) calendar days from the date of NOC publication when publication is necessary. Failure to comply with the aforementioned thirty (30) days reglementary period shall be construed as a waiver or abandonment of the right to protest and/or to file an application for exemption or exclusion from CARP coverage.
Very truly yours,
_________________________________Provincial Agrarian Reform Officer
___________
Enclosed:
1. CARP-LAD Form No. 8 (Landowner's Letter of Submission of Sketch Map of Selected Retained Area and List of Nominated Preferred Beneficiaries)
2. CARP-LAD Form No. 9 (Sketch Map of the Selected Retained Area)
CARP-LAD FORM NO. 4
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of _____________
Region No. _____________
DIRECTIVE TO MARO TO PROCEED WITH THE COVERAGE OF AGRICULTURAL LANDS WITH NOTICE OF COVERAGE (NOC)
_____________________
MEMORANDUM
| TO | : | ____________________________ |
| Municipal Agrarian Reform Officer | ||
| Municipality of _______________ | ||
| FROM | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| SUBJECT | : | Directive to Proceed with the Acquisition and Distribution of the Landholdings Coverable Under CARP Pursuant to Republic Act (R.A.) No. 9700 |
Pursuant to Republic Act (R.A.) No. 9700 titled, "An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending the Acquisition and Distribution of All Agricultural Lands, Instituting Necessary Reforms, Amending for the Purpose Certain Provisions of Republic Act No. 6657, Otherwise Known as the Comprehensive Agrarian Reform Law of 1988, as Amended, and Appropriating Funds Therefor", the Department of Agrarian Reform (DAR) is mandated to continue with the coverage under the Comprehensive Agrarian Reform Program (CARP) of all remaining unacquired and undistributed agricultural lands.
In this regard, you are hereby directed to immediately proceed with the activities relative to the acquisition and distribution of the landholding of __________________________________________ (name of landowner/s), embraced by TCT/OCT No/s. ______________ or Tax Declaration No./s _______________, with Lot No./s ___________________ and Approved Survey No./s _______________________ covering an area of _________________ (has.), and located at _______________________________________, and issued with Notice of Coverage.
The above landholding is covered under the priorities provided by the specific provisions of Section 5 of R.A. No. 9700, mandating the acquisition and distribution of said landholding/s immediately after the effectivity of R.A. No. 9700.
To ensure the completion of the LAD phases within the period prescribed by law, you are directed to fast track all the necessary processes of land acquisition and distribution on the said landholding/s until the ARBs are installed therein.
For strict and immediate compliance.
______________________________Provincial Agrarian Reform Officer
Cc: __________________________ Name of Land Owner (LO)
__________________________ __________________________ (Address of LO)
CARP-LAD FORM NO. 5
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of _______________
Region No. ___________
REPORT ON FAILURE TO SERVE THE NOTICE OF COVERAGE (NOC) TO THE LANDOWNER (LO) AND REQUEST FOR NOC PUBLICATION
MEMORANDUM
| FOR | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| FROM | : | ____________________________ |
| Municipal Agrarian Reform Officer | ||
| SUBJECT | : | Report on Failure to Serve the Notice of Coverage to the Landowner and Request for NOC Publication |
This is to certify and inform you that this office failed to serve the Notice of Coverage (NOC) to Mr./Mrs./Ms. __________________________, registered owner of the landholding/s covered under the Comprehensive Agrarian Reform Program (CARP) embraced by OCT/TCT/TD No./s _______________, with Lot No./s _____________ and Approved Survey No./s _________________, with an area of ___________________ hectares more or less, located at _____________________________ due to:
[ ] refusal/failure of the above-named landowner to accept the Notice of Coverage (NOC) properly served by this office on ____________________ through personal service/substituted service/registered mail (Registry Receipt No. _____________).
[ ] the landowner's residence is outside the Philippines/unknown.
In this regard, it is requested that the said NOC be published in a newspaper of general circulation pursuant to existing guidelines.
______ day of _______________, 20____ at _________________________.
_____________________________
CARP-LAD FORM NO. 6
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of _______________
Region No. __________
PUBLICATION OF NOTICE OF COVERAGE (NOC)
Pursuant to the Comprehensive Agrarian Reform Law or Republic Act (R.A.) No. 6657, as amended, the Department of Agrarian Reform (DAR) is mandated to subject the landholding/s of __________________________ (name of landowner) with last known address at ______________________________________ under the coverage of the Comprehensive Agrarian Reform Program (CARP) on __________________________________ (specify land acquisition schedule based on the prioritized phasing under Section 5 of R.A. No. 9700). The subject landholding/s is/are embraced by OCT/TCT/TD No./s: ________________________ and located at ________________________________________________________. ISCDEA
Within 30 calendar days from the date of this Notice of Coverage (NOC) publication, the abovenamed landowner must:
1. Exercise his right to choose his/her retention area not exceeding five (5) hectares pursuant to Section 6 of R.A. No. 6657, as amended;
2. Nominate his/her child/ren who are at least fifteen (15) years of age and actually tilling or directly managing the farm as his/her preferred beneficiary/ies in the subject landholding; and/or
3. File an application for an exemption clearance or for exclusion from CARP coverage of his/her landholding with the DAR Provincial Office (DARPO), if so qualified under the law.
Failure to reply with the requirements of this NOC within the prescribed period shall be a waiver of the landowner/s right to choose his retention area, the privilege to nominate child/ren as preferred beneficiary/ies, or to apply for exemption/exclusion from CARP coverage.
_____________________________Provincial Agrarian Reform Officer
__________________________ Date
CARP-LAD FORM NO. 7
Republic of the Philippines
_____________________ (Name of Issuing Office)
Municipality of __________________
Province of _______________
CERTIFICATION OF POSTING COMPLIANCE
This is to certify that the: (check appropriate box)
[ ] Notice of Coverage (CARP-LAD Form No. 3)
[ ] Notarized Letter Offer (CARP-LAD Form No. 15) and Acceptance Letter (CARP-LAD Form No. 17)
[ ] Notice of Land Valuation and Acquisition (CARP-LAD Form No. 51)
on the property/ies of ______________________________ embraced by the OCT/TCT/TD No./s ______________________ with Lot No./s __________________ and Survey No./s ____________________, with an area of _______________________ (has.) and located at ____________________________ has been posted in the barangay/municipal halls and other designated public places for a period of seven (7) days from ________________________ to ________________________.
Done this _______ day of _________________, 200__ at ___________________________________.
______________________________________ Signature over Printed Name of BARC Chairman/Barangay or City or Municipal Official or Authorized Representative
CARP-LAD FORM NO. 8
LANDOWNER'S LETTER OF SUBMISSION OF SKETCH MAP OF SELECTED RETAINED AREA AND LIST OF PREFERRED BENEFICIARIES
_____________________
The Municipal Agrarian Reform Officer
DAR Municipal Office
Municipality of ___________
Province of ______________
Sir/Madame:
Per Notice of Coverage (NOC) of my landholding under the Comprehensive Agrarian Reform Program (CARP) received/published on ______________________, I am submitting herewith the following:
[ ] 1. Sketch map of the area of my landholding which I have chosen as my retained area.
[ ] 2. The list of my child/ren who I nominate as preferred beneficiary/ies to be screened under the Department of Agrarian Reform's (DAR's) rules and regulations, including the certified copy/ies of NSO birth certificate/s of my preferred beneficiary/ies and two (2) other documents indicating my parental relationship to each of my nominated preferred beneficiary/ies.
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Name of Preferred
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Complete Address
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Birthdate
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Area (has.)
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Beneficiary/ies
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Actual
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Directly
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Tillage
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Managed
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_________________
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_____________
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________
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_________________
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_____________
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________
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______
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_________________
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_____________
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________
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______
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_________________
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_____________
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________
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______
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_________
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(Use additional sheet if necessary)
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This pertains to my landholding registered in the name of ___________________________ and embraced by OCT/TCT/TD No. ___________, with Lot No. _____________ and Approved Survey No. __________, with an area of _______________ hectares, more or less, located at __________________________.
Very truly yours,
__________________________________
CARP-LAD FORM NO. 9
SKETCH MAP OF THE SELECTED RETAINED AREA
CARP-LAD FORM NO. 10
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _______________
Province of _______________
Region No. __________
OCULAR INSPECTION REPORT
A. Landowner
1. Name of Landowner/s ______________________________________
2. Postal Address ____________________________________________
B. Description of Land
| OCT/TCT Number | : | _____________________________________ |
| Tax Dec. Number | : | _____________________________________ |
| Lot Number | : | _____________________________________ |
| Approved Survey Number | : | _____________________________________ |
| Total Area (Has.) | : | _____________________________________ |
| Location | : | _____________________________________ |
C. Status of Land
1. Land Condition Suitability to Agriculture
( ) Subject property is presently being cultivated and suitable to agriculture
( ) Subject property is presently idle or vacant and suitable to agriculture
2. Accessibility or availability of:
a. Road Frontage ( ) Yes ( ) No
b. Approximate distance from
( ) Brgy. Proper ________ Kms. ( ) Poblacion _______ Kms.
c. Mode of Transportation available in the area
( ) PUB
( ) PUJ
( ) Boat/Banca
( ) Tricycle
( ) Others (Specify)
3. Mode of Production
( ) Single or Monocrop
( ) Diversified or Multi-Crop
4. Land Use
( ) Irrigated Riceland
( ) Unirrigated Riceland
( ) Corn land
( ) Sugarland
( ) Coconut Land SDAaTC
( ) Banana Plantation
( ) Pineapple Plantation
( ) Rubber Farm
( ) Oil Palm Plantation
( ) Citrus Farm
( ) Coffee/Cacao Farm
( ) Others (Specify) ____________________
D. Farmer/s/Workers in the Land
( ) With Farmer/s
1. Number of Tenant/s or Lessee/s: __________
2. Number of Regular Farmworker/s: ________
3. Number of Seasonal Farmworker/s: ________
4. Number of Other Farmworker/s: __________
5. Cooperatives/Associations of Potential Beneficiaries
__________________________________________________ (Name/s)
6. Number of Others Directly Working on the Land: __________
( ) Without Farmer/s
E. Nominated Child/ren as Preferred Beneficiary/ies
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Name of Preferred
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Complete Address
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Birthdate
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Area (has.)
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Beneficiary/ies
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Actual
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Directly
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Tillage
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Managed
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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________________
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_______________
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__________
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________
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________
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F. Attachments
( ) Sketch map of the entire property with a delineation or shading or general indication of the retained area as manifested by landowner or as chosen by the municipal agrarian reform officer (MARO)
( ) Notice to landowner on the portion selected as retained area and proof of service, when applicable
( ) Others (please specify):
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
| Inspection conducted by: | Attested by: |
|
____________________________
|
____________________________
|
|
ARPT/SARPT
|
Municipal Agrarian Reform Officer
|
|
____________________________
|
____________________________
|
|
Date
|
Date
|
|
|
|
CARP-LAD FORM NO. 11
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ___________________
Province of ___________________
Region No. ___________________
NOTICE TO LANDOWNER ON THE PORTION SELECTED AS RETENTION AREA
_____________________
______________________________________
______________________________________ Address
Dear __________________________:
Pursuant to Section 6 of Republic Act No. 6657, as amended, and the Department of Agrarian Reform's (DAR's) existing implementing rules and regulations (IRRs), you have the right to a retention area of five (5) hectares of your landholding covered under the Comprehensive Agrarian Reform Program (CARP) and to choose the area you wish to retain within a period of thirty (30) days as stipulated in the Notice of Coverage received/published on ___________________________.
Per our records, however, you have failed to choose your retention area within the prescribed period. Hence, the Department of Agrarian Reform Municipal Office (DARMO) of _______________________________ has selected and segregated an area of five (5) hectares of your landholding, embraced by OCT/TCT/TD No. _________ with Lot No. ________ and Approved Survey No. ________ located at ____________________________ as your retention area.
Attached is the sketch map of the portion constituting your retention area. Should you have any clarifications on this matter, you may visit the Department of Agrarian Reform Municipal Office (DARMO) at __________________________________.
Thank you very much. cEDaTS
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 12
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of _______________
Region No. ____________
CERTIFICATION OF RETENTION
To Whom It May Concern:
I, Provincial Agrarian Reform Officer (PARO) of ________________________, declare that pursuant to the right of retention on agricultural land/s covered by the Comprehensive Agrarian Reform Program (CARP) as provided under Section 6 of Republic Act (R.A.) No. 6657, as amended,
________________________________
is hereby granted a retention area of _______________ hectares of his/her agricultural land/s described as follows:
| TCT/OCT/TD No. | : | _____________________________ |
| Lot No. | : | _____________________________ |
| Approved Survey No. | : | _____________________________ |
| Area (Has.) | : | _____________________________ |
| Location of Property | : | _____________________________ |
| _____________________________ |
The said retained area is (Pls. check appropriate box):
[ ] previously issued with an Order of Retention by the DAR Regional Director.
[ ] a portion of the landowner's landholding/s with a total area of _____________ hectares, more or less, embraced by TCT/OCT/TD No./s __________________ registered in his/her name by the Registry of Deeds of _______________ or the City/Municipality/Provincial Assessor's Office of ___________________.
[ ] not covered by the Comprehensive Agrarian Reform Program (CARP) by virtue of its being five (5) hectares/less than five (5) hectares.
Issued in ______________________________, on this ____ day of ________________ 20___.
_____________________________Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 13
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of ________________
Region No. _____________
REQUEST FOR CERTIFICATION OF RETENTION
_____________________
The Provincial Agrarian Reform Officer
________________________________
Sir/Madam:
May I request for the issuance of a Certification of Retention for my landholding pursuant to Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, with a total of _________________ hectares and covered by the following: ASTcEa
| TCT/OCT/TD No. | : | _____________________________ |
| Lot No. | : | _____________________________ |
| Approved Survey No. | : | _____________________________ |
| Location of Property | : | _____________________________ |
| _____________________________ |
I certify under oath that the said landholding is the sole agricultural land I own nationwide. I have no other agricultural land elsewhere.
Very truly yours,
__________________________________
SUBSCRIBED and SWORN to before me, A Notary Public, this _____ day of ______________________, 20___, at ____________________________, the above-named landowner presented to me his/her Community Tax Certificate No. ___________ issued at ________________, issued on _________________, and he/she personally attested to me that the statements contained in herein are all truth and factual.
Notary Public
Doc. No. _______
Page No. _______
Book No. _______
Series of _______
CARP-LAD FORM NO. 14
LIST OF LANDHOLDINGS WITH ISSUED CERTIFICATE OF RETENTION
CARP-LAD FORM NO. 15
LANDOWNER'S LETTER OFFER
(For VOS Lands)
DATE: __________________
ADDRESS: __________________
__________________
__________________
The Honorable Secretary
Department of Agrarian Reform
Diliman, Quezon City
Thru: ________________________________ The Provincial Agrarian Reform Officer
Sir/Madam:
In support of the Comprehensive Agrarian Reform Program (CARP) of the government, I wish to voluntarily offer to sell to the Republic of the Philippines my land, including the improvement/s thereon, described as follows:
| OCT/TCT/TD No. | : | _____________________________ |
| Tax Dec. No. | : | _____________________________ |
| Lot No. | : | _____________________________ |
| Approved Survey No. | : | _____________________________ |
| Total Area per OTC/TCT/TD (has.) | : | _____________________________ |
| Area Offered (has.) | : | _____________________________ |
| Location | : | _____________________________ |
| _____________________________ |
I hereby declare that the land is productive and suitable to agriculture. My offer is as follows:
• Land (including crops) Php _________/ha. or a total amount of: Php __________
• Improvements (non-crops such as mills, bodega, etc.): Php __________
Likewise, may I inform you that: (please check appropriate box)
[ ] Pursuant to my right of retention to the extent of _______________ hectares, attached hereto is a sketch map of my chosen retention area.
[ ] I am nominating my ______________ child/ren who is/are fifteen (15) years of age and actual tillers or directly managing the farm and hereto attaching their NSO birth certificates and two (2) documents indicating my parental relationship to my child nominee/s:
|
Name of Preferred
|
Complete Address
|
Birth Date
|
Area (has.)
|
|
|
|
Beneficiary/ies
|
|
Actual
|
Directly
|
|
|
|
|
Tillage
|
Managed
|
|
_______________
|
______________
|
________
|
______
|
________
|
|
_______________
|
______________
|
________
|
______
|
________
|
|
_______________
|
______________
|
________
|
______
|
________
|
|
_______________
|
______________
|
________
|
______
|
________
|
|
_______________
|
______________
|
________
|
______
|
________
|
[ ] I do not have any preferred beneficiaries.
I have been informed and fully comprehend the terms and conditions as provided for by law and the pertinent guidelines of the Department of Agrarian Reform (DAR), Land Bank of the Philippines (LBP), Department of Environment and Natural Resources (DENR) and Barangay Agrarian Reform Committee (BARC), and other concerned personnel to enter my property for purposes of inspection, verification, studies leading to the redistribution of the property to qualified beneficiaries.
I hereby authorize DAR to take immediate possession of my land described above after LBP has deposited the compensation proceeds in my name.
I am aware that after the acceptance of this letter-offer by the DAR, I may no longer withdraw the offer and that should I decide to do so, my landholding will be subject to immediate compulsory acquisition.
I am attaching herewith a certified copy of the OCT/TCT/Tax Declaration and other pertinent documents as proof of ownership, to wit:
__________________________________________________________________________________
Very truly yours,
________________________________
|
|
RIGHT THUMB MARK
CONFORME; SPOUSE/CO-OWNERS (if applicable)
______________________________
______________________________
Signature Over Printed Name
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________________) S.S.
CITY/MUNICIPALITY OF ______________
BEFORE ME, on this, ____ day of ________________________ in _______________________, at _______________________ personally appeared _____________________________ in his/her capacity as _____________________ of the ___________________________ with Community Tax Certificate No. _______________ issued at ________________ on __________________ known to me and to me known to be the same person who accomplished the foregoing LETTER OFFER in his/her own free and voluntary act and deed as well as that of the corporation he/she represents.
WITNESS MY HAND AND SEAL, on the date and at the place above written. ATcaHS
Notary Public
Doc. No. _______
Page No. _______
Book No. _______
Series of _______
CARP-LAD FORM NO. 15-A
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
CHECKLIST OF REQUIRED DOCUMENTS
FOR TITLED PROPERTIES:
[ ] Notarized Landowner's Letter Offer (CARP-LAD Form No. 15)
[ ] ROD certified copy/ies of the original OCT/TCT
[ ] Photocopy of the ODC, if available
[ ] Assessor's certified copy of latest Tax Declaration
[ ] Copy of Approved Survey Plan certified by DENR-LMS
[ ] Accomplished and signed Landowner Information Sheet {LOIS} (CARP-LAD Form No. 16)
[ ] Latest ID picture and certified photocopy of any valid ID, with signature and picture, of the registered owner/s or heir/s
FOR UNTITLED PROPERTIES:
[ ] Notarized Letter Offer (CARP-LAD Form No. 15)
[ ] Certification of DENR-CENRO or Regional Technical Director, Lands Management Service that the tract of land covered by the survey is within an area classified as alienable and disposable, pursuant to DAR-DENR-LBP Joint Memorandum Circular No. 12, Series of 1994 as reconciled with Republic Act (R.A.) No. 7196
[ ] Certified copy of Approved Survey Plan (ASP). If ASP is not available, a Sketch Plan and Technical Description duly approved by DENR or cadastral map and geographical position and plane coordination of the points duly certified by the Chief, Survey Division of DENR
[ ] Certified copy of the latest Tax Declaration from the Assessor's file in the name of the claimant with verified and correct lot numbers and area per Approved Survey Plan
[ ] Instruments of acquisition covering the subject property, such as deeds of sale, donation, transfer, etc. in favor of claimant and those of his predecessor/s-in-interest
[ ] Certification of the Assessor concerned showing Tax Declaration issued, the declarant/s, the area covered, and the basis for the issuances and cancellations thereof up to the Tax Declaration issued in the name of the claimant, as well as any existing liens on the current and previous Tax Declaration, where applicable
[ ] Certification from the Assessors' Office concerned that per their records, the property/ies as appearing in the Approved Survey Plan is/are free from all liens and encumbrances
[ ] Certification from the Clerk of Court concerned whether or not the property/ies identified in the Approved Survey Plan is/are covered by land registration proceedings or civil case, and if the same has been used as A bond in other Court actions
[ ] LRA Certification that the property is not within any decreed or titled property
[ ] Accomplished and signed Landowner Information Sheet {LOIS} (CARP-LAD Form No. 16)
[ ] Latest ID picture and certified photocopy of any valid ID, with signature and picture, of the registered owner or heir/s
CARP-LAD FORM NO. 16
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _______________
Province of _______________
Region No. _______________
LANDOWNER INFORMATION SHEET (LOIS)
I. Landowner's Personal Data
| Name of Landowner | : | ________________________________________ | ||
| Postal Address | : | ________________________________________ | ||
| ________________________________________ | ||||
| Place of Birth | : | ________________________________________ | ||
| Tax Identification No. | : | ________________________________________ | ||
| Sex | : | [ ] Male | [ ] Female | |
| Civil Status | : | [ ] Single | [ ] Married | [ ] Widow/er |
| [ ] Separated | [ ] Others (Specify) | |||
| Name/s of Children (at least 15 years old) | Date of Birth | |||
| _________________________________ | ______________________ | |||
| _________________________________ | ______________________ | |||
| _________________________________ | ______________________ | |||
| _________________________________ | ______________________ | |||
| _________________________________ | ______________________ |
II. Land Subject of Compensation Claim
1. Titled Property
1.1 OCT/TCT No.: _________
1.2 Lot. No.: _________
1.3 Approved Survey Plan No.: _________
1.4 Total Area (has.): _________
2. Untitled Property
2.1 Tax Dec. No.: _________
2.2 Lot No.: _________
2.3 Approved Survey Plan No.: _________
2.4 Total Area (has.): _________
3. Location of Property:
___________________________________________________
___________________________________________________
4. Ownership Status:
[ ] Registered Owner
[ ] Registered Co-owner
[ ] Corporation
[ ] Others (Specify)
5. In case of co-ownership, list names of co-owners (put a check on the appropriate column if living or deceased)
|
Name of Co-owners
|
Living
|
Deceased
|
Name of Substitute or Heir
|
|
|
|
|
(For Deceased Co-owners)
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
|
_______________
|
_________
|
__________
|
____________________
|
For substitute or heir of deceased co-owner, document presented:
[ ] Judicial Partition
[ ] Extra-judicial Partition
[ ] Affidavit of Self-Adjudication
[ ] Special Power of Attorney
6. For Mortgaged Property: cACTaI
| Mortgagee | : | __________________ | Address : ___________ |
| Date Mortgaged | : | __________________ | ___________________ |
| Amount (Php) | : | __________________ | ___________________ |
| Status | : | [ ] Partially Settled | [ ] For Foreclosure |
7. Permanent Improvement/s:
A. Immovable Structures and Features
|
Type of
|
Date
|
Construction
|
Estimated
|
Status 2
|
|
|
Improvement/s
|
Constructed
|
or Acquisition
|
Life Span
|
|
|
or Structure 1
|
or Acquired
|
Cost
|
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
|
___________
|
_____________
|
_________
|
_________
|
______
|
(Use additional sheets if necessary)
B. Permanent Crop
|
Name of
|
|
Income-Producing or
|
|
Non-Income-Producing
|
Remarks 4
|
||
|
Permanent
|
|
Fruit-Bearing
|
|
or Non-Fruit Bearing
|
|
||
|
Crop 3
|
Estimated
|
Ave.
|
Area
|
Estimated
|
Ave.
|
Area
|
|
|
|
No.
|
Age
|
Covered
|
No.
|
Age
|
Covered
|
|
|
|
|
|
(Has.)
|
|
|
(Has.)
|
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
|
_________
|
______
|
_____
|
_____
|
_________
|
___
|
_______
|
________
|
(Use additional sheet if necessary)
C. Timber Trees
|
Name of
|
Harvestable Timber Trees
|
Non-Harvestable Timber Trees
|
||||
|
Timber Trees 5
|
Estimated
|
Average
|
Area
|
Estimated
|
Average
|
Area
|
|
|
No.
|
Age
|
Covered
|
No.
|
Age
|
Covered
|
|
|
|
|
(Has.)
|
|
|
(Has.)
|
|
|
|
|
|
|
|
|
|
___________
|
_________
|
______
|
______
|
________
|
_______
|
______
|
|
___________
|
_________
|
______
|
______
|
________
|
_______
|
______
|
|
___________
|
_________
|
______
|
______
|
________
|
_______
|
______
|
|
___________
|
_________
|
______
|
______
|
________
|
_______
|
______
|
|
___________
|
_________
|
______
|
______
|
________
|
_______
|
______
|
|
___________
|
_________
|
______
|
______
|
________
|
_______
|
______
|
D. Seasonal Crops
|
Type or Name of Crop
|
Area Planted (Has.)
|
Remarks 6
|
|
__________________
|
_____________________
|
_________
|
|
__________________
|
_____________________
|
_________
|
|
__________________
|
_____________________
|
_________
|
|
__________________
|
_____________________
|
_________
|
(Use additional sheets if necessary)
8. Are there other claims, liens, or annotations in the title of the landholding?
[ ] Yes [ ] No
If there is/are any, state nature and status
________________________________________________________
________________________________________________________
9. a. What is the aggregate area of your other agricultural landholdings except those covered by P.D. No. 27, if any? ____________________
b. Location of other property/ies: ________________________________________________________
________________________________________________________
________________________________________________________
10. On the subject property offered or covered by CARP
| No. of Tenants/Lessees | : | _________________ | ||
| No. of Farmworkers | : | _________________ | ||
| a. | Regular | : | _________________ | |
| b. | Seasonal | : | _________________ | |
| c. | Other Farmworker | : | _________________ | |
| No. of Other Workers in the Land | : | _________________ | ||
| a. | Actual Tiller | : | _________________ | |
| b. | Others directly working on the land | : | ________________ |
III. Representative's Information, (if any)
11. Name of Representative: ________________________________
12. Postal Address/es:
Residence:
[ ] Within National Capital Region (NCR) or Metro Manila
_____________________________________________
_____________________________________________
[ ] Provincial or outside NCR/Metro Manila
_____________________________________________
_____________________________________________
Company/Office:
[ ] Within NCR/Metro Manila
_____________________________________________
_____________________________________________
[ ] Provincial or outside NCR/Metro Manila
_____________________________________________
_____________________________________________
13. Authority/Circumstances of Representative
[ ] Heir
[ ] Judicial Guardian
[ ] Attorney-in-Fact or Legal Counsel
[ ] Officially Designated by the Corporation
[ ] Administrator
[ ] Others (Specify) ____________________
IV. Signature
________________________Landowner or Representative
________________________ Date
CARP-LAD FORM NO. 17
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of ________________
ACCEPTANCE LETTER FOR VOLUNTARY OFFER TO SELL (VOS)
_____________________
__________________
__________________
__________________
Sir/Madam:
This is to acknowledge receipt of your notarized Letter Offer (CARP-LAD Form No. 15) dated __________________, voluntarily offering for sale under the Comprehensive Agrarian Reform Program (CARP) your property with the following description:
| Registered Owner | : | _____________________________ |
| OCT/TCT/TD No./s | : | _____________________________ |
| Approved Survey No./s | : | _____________________________ |
| Area per OTC/TCT/TD No. (has.) | : | _____________________________ |
| Approximate Area Covered (has.) | : | _____________________________ |
| Location of Property | : | _____________________________ |
Likewise, we acknowledge receipt of the following documents in support of your Letter Offer:
__________________________ _____________________________
__________________________ _____________________________
__________________________ _____________________________
__________________________ _____________________________
__________________________ _____________________________
Please be informed that:
1. Your Voluntary Offer to Sell (VOS) is accepted subject to the determination on whether or not your landholding/s is/are covered under CARP.
2. Upon offer of your landholding under VOS to the Government of the Philippines, the schedule of coverage under R.A. No. 9700 is deemed waived.
3. Upon this acceptance by the Department of Agrarian Reform (DAR) of your Letter Offer for coverage under VOS, you can no longer withdraw your Letter Offer. In such case, your landholding shall be immediately subject to coverage under compulsory acquisition and distribution under CARP notwithstanding the schedule of coverage based on prioritized phasing under R.A. No. 9700. TAaEIc
4. The Department of Agrarian Reform (DAR) and Land Bank of the Philippines (LBP), pursuant to Republic Act (R.A.) No. 6657, as amended, shall determine the value of the your landholding after which you shall be notified through a Notice of Land Valuation and Acquisition (NLVA).
On subsequent notice, you will be required to submit to the DARMO your BIR-filed audited financial statement duly supported by accounting records, which shall be one of the factors/bases in the determination of the annual gross production (AGP), selling price (SP) and cost of operation (CO) in the valuation of the land. In the event that you fail to submit the above documents within the prescribed period, the DAR and LBP shall adopt the applicable industry data in determining the production, cost and net income of the subject landholding.
5. This Acceptance Letter also serves as a Notice of Coverage (NOC) of your landholding. Please submit the sketch map of the area you choose to retain and not exceeding five (5) hectares. You are required to submit to DARMO within thirty (30) days from receipt of this Acceptance Letter the said sketch map of the entire property with delineation or shading or general indication of the area you intend to retain. If you fail to submit the said sketch map, the DAR will identify and choose the retention area in your behalf.
We shall post your notarized Letter Offer and this Acceptance Letter in the bulletin boards in conspicuous places in the municipality/city and the barangay where your property is located.
Thank you for your support of the Comprehensive Agrarian Reform Program.
Very truly yours,
_____________________________Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 18
REQUISITION FOR SURVEY SERVICES INVOLVING LANDS FOR ACQUISITION AND DISTRIBUTION
CARP-LAD FORM NO. 19
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ____________
Province of ___________
CERTIFICATION ON LANDOWNER'S FAILURE TO SUBMIT BIR FILED AUDITED FINANCIAL STATEMENT
This is to certify that pursuant to the Notice of Coverage (CARP-LAD Form No. 3) or Acceptance Letter (CARP-LAD Form No. 17) issued on ___________________ regarding the landholding/s described as follows:
| Name of LO | : | _____________________________________ |
| OCT/TCT/TD No/s. | : | _____________________________________ |
| Lot No/s. | : | _____________________________________ |
| Approved Survey No/s. | : | _____________________________________ |
| Area per OCT/TCT/TD | : | _____________________________________ |
| Approximate Area | : | _____________________________________ |
| Covered per Title/TD | : | _____________________________________ |
| Location of Property | : | _____________________________________ |
the abovenamed landowner has failed to submit the latest BIR-filed Audited Financial Statement/s and accounting records on the said landholding/s within the prescribed fifteen (15) days prior to the date of field investigation.
Done this ______ day of _____________, 200__ at __________________________.
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 20
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ____________
Province of ____________
Region No. __________
CLAIM FOLDER (CF) TRANSMITTAL MEMORANDUM
| FOR | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| SUBJECT | : | CLAIM FOLDER OF ______________________________ |
The attached claim folder (CF) pertinent to the agricultural land of _______________ located at _________________________________ is transmitted to your Office with the following documents:
For Titled Properties
[ ] Preliminary information on Landholdings Validated and Projected and Subject of Joint Field Investigation (CARP-LAD Form No. 1)
[ ] Duly Notarized Landowner's Letter Offer (CARP-LAD Form No. 15)
[ ] Acceptance Letter of VOS (CARP-LAD Form No. 17)
[ ] ROD certified copies of OCT/TCT No. ______________
[ ] Photocopy of ODC
[ ] Assessor's certified copy of latest Tax Declaration in the name of the registered owner
[ ] Copy of Approved Survey Plan certified by DENR-LMS
[ ] Duly accomplished and signed Landowner Information Sheet (LOIS) {CARP-LAD Form No. 16}
[ ] CF Documentation Memorandum (CARP-LAD Form No. 2)
[ ] Certification of Posting Compliance for NOC or Letter Offer and Acceptance Letter (CARP-LAD Form No. 7)
[ ] BIR filed Audited Financial Statement supported by accounting records or MARO's Certification on LO's Failure to Submit BIR-filed Audited Financial Statement (CARP-LAD Form No. 19)
[ ] Notice of Coverage (CARP-LAD Form No. 3) and, if applicable, Directive to MARO to Proceed with the Coverage of Agricultural Lands with NOCs (CARP-LAD Form No. 4)
[ ] Copy of Notice to Conduct Field Investigation for BARC, ARBs, DENR, LGU-MAO (CARP-LAD Form No. 21)
[ ] Copy of Invitation Letter to the LO on the Conduct of FI (CARP-LAD Form No. 22)
[ ] Copy of Land Use Map
[ ] Copy of segregation plan pending at DENR-LMS
[ ] Copy of subdivision plan pending at DENR-LMS
[ ] Others:
________________________________________________________
________________________________________________________
________________________________________________________
For Untitled Properties
[ ] Preliminary Information on Landholdings Validated and Projected and Subject of Joint Field Investigation (CARP-LAD Form No. 1)
[ ] Duly Notarized Landowner's Letter Offer (CARP-LAD Form No. 15)
[ ] Certification of DENR-CENRO or Regional Technical Director, Land Management Service that the tract of land covered by the survey within an area classified as alienable and disposable pursuant to DAR-DENR-LBP Joint M.C. No. 12 Series of 1994 as reconciled with R.A. No. 7196
[ ] Certified copy of Approved Survey Plan or Cadastral Map and Geographical Position and Plane Coordination of Points duly certified by the Chief Survey Division of DENR
[ ] Assessor's certified copy of latest Tax Declaration from the Assessor's file in the name of the claimant with verified and correct Lot Nos. and area per Approved Survey Plan
[ ] Instruments of acquisition covering the subject property, such as deeds of sale, donation, transfer, etc. in favor of claimant and those of his predecessor/s-in-interest ISTECA
[ ] Certification of the Assessor concerned showing the Tax Declaration issued, the declarant/s, the area covered, and the basis for the issuances and cancellations thereof up to the tax declaration issued in the name of the claimant as well as any existing liens on the current and previous tax declaration, where applicable
[ ] Certification from the Clerk of Court concerned whether or not their property/ies identified in the Approved Survey Plan is/are covered by land Registration proceedings or any civil case, and if the same has been used as a bond in other court actions
[ ] Certification from the Assessor's office concerned that per their records, the property/ies as appearing in the Approved Survey Plan is/are free from all liens and encumbrances
[ ] LRA certification that the property is not within any decreed or titled property
[ ] Duly accomplished and signed Landowner Information Sheet (LOIS) {CARP-LAD Form No. 16}
[ ] Acceptance Letter of VOS (CARP-LAD Form No. 17)
[ ] CF Documentation Memorandum (CARP-LAD Form No. 2)
[ ] Certification of Posting Compliance for NOC or Letter Offer and Acceptance Letter (CARP-LAD Form No. 7)
[ ] BIR filed Audited Financial Statement supported by accounting records or MARO's Certification on LO's Failure to Submit BIR-filed Audited Financial Statement (CARP-LAD Form No. 19)
[ ] Notice of Coverage (CARP-LAD Form No. 3) and, if applicable, Directive to MARO to Proceed with the Coverage of Agricultural Lands with NOCs (CARP-LAD Form No. 4)
[ ] Copy of Notice to Conduct Field Investigation for LBP, BARC, Potential ARBs, DENR, LGU-MAO (CARP-LAD Form No. 21)
[ ] Copy of Invitation Letter to the LO on the Conduct of FI (CARP-LAD Form No. 22)
[ ] Copy of Land Use Map
[ ] Copy of segregation plan pending at DENR-LMS
[ ] Copy of subdivision plan pending at DENR-LMS
[ ] Others:
________________________________________________________
________________________________________________________
|
_____________________________
|
______________________
|
|
Municipal Agrarian Reform Officer
|
Date
|
CARP-LAD FORM NO. 21
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _______________
Province of _____________
Region No. ____________
NOTICE TO CONDUCT FIELD INVESTIGATION
(For LBP, BARC, Potential ARBs & DENR and LGU-MAO, if Necessary)
_____________________
__________________________
__________________________
__________________________
Sir/Madam:
This is to inform you that the conduct of field investigation on the following property/ies with the following descriptions:
| Name of | OCT/TCT/ | Lot No. | Approved | Area per | Location of |
| Landowner | TD No. | Survey No. | OCT/TCT/TD | Property | |
| No. (has.) | |||||
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
| _____________ | _________ | _________ | _________ | _____________ | ____________ |
will be on ______________________. Your presence or that of your authorized representative is required and of utmost importance in this activity.
For more information, you may contact ______________________ of the DAR Municipal Office (DARMO) at _________________________________.
We look forward to your full cooperation in this endeavor in support of the Comprehensive Agrarian Reform Program.
Thank You.
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 22
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _______________
Province of _________________
INVITATION LETTER TO THE LANDOWNER ON THE CONDUCT OF FIELD INVESTIGATION
_____________________
________________________
________________________
________________________
Sir/Madam:
Please be informed that your property with the following description:
| OCT/TCT/TD No./s | : | _____________________________ |
| Lot No. | : | _____________________________ |
| Approved Survey No./s | : | _____________________________ |
| Area per OTC/TCT/TD No. (has.) | : | _____________________________ |
| Location of Property | : | _____________________________ |
has been placed under the coverage of the Comprehensive Agrarian Reform Program (CARP) per:
[ ] Notice of Coverage (CARP-LAD Form No. 3) sent by the PARO/published on _______________________
[ ] Acceptance Letter (CARP-LAD Form No. 17) of your Voluntary Offer to Sell (VOS) sent by the PARO on _______________
In this connection, may we invite you or your authorized representative to participate in the field investigation to be conducted on ________________________________ at ____________________________ (indicate time).
We anticipate your full cooperation and support. Thank you.
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 23
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of _____________
FIELD INVESTIGATION REPORT
| Date of Actual Field Investigation | : | __________________________ | ||||
| Barangay | : | ________________________________________ [ ] VOS | ||||
| City/Mun./Dist. | : | ________________________________________ [ ] CA | ||||
| Province | : | ________________________________________ | ||||
| A. | Landowner/Offeror Profile | |||||
| 1. | Name of Registered Owner: | |||||
| ________________________________________________________ | ||||||
| 2. | Civil Status (For Individual Landowner): _______________________ | |||||
| [ ] Single | ||||||
| [ ] Married | ||||||
| [ ] Separated | ||||||
| [ ] Others (Specify) | ||||||
| 3. | No. of children as qualified preferred beneficiaries: ___________ | |||||
| 4. | For Co-ownership (If deceased, indicate names of heirs) | |||||
| Name of Co-owners | Names of Heir/s | |||||
| __________________________ | __________________________ | |||||
| __________________________ | __________________________ | |||||
| __________________________ | __________________________ | |||||
| __________________________ | __________________________ | |||||
| 5. | Postal Address | |||||
| a. | Registered Owner/s | |||||
| __________________________________________________ | ||||||
| __________________________________________________ | ||||||
| __________________________________________________ | ||||||
| b. | Authorized Representative/Offeror | |||||
| __________________________________________________ | ||||||
| __________________________________________________ | ||||||
| __________________________________________________ | ||||||
| B. | Landholding Information | |||||
| 1. | Description of Land | |||||
| OCT/TCT/TD No. | : | _____________________ | ||||
| Lot No. | : | _____________________ | ||||
| Approved Survey No. | : | _____________________ | ||||
| Total Area per OCT/TCT/TD (has.) | : | _____________________ | ||||
| Area Acquired for Compensation (has.) | : | _____________________ | ||||
| Area excluded/Not for compensation: | ||||||
| • | Covered by P.D. No. 27/E.O. No. 228 | ___________ has. | ||||
| • | Awarded to children as preferred FBs | ___________ has. | ||||
| • | Retention Area | ___________ has. | ||||
| • | Others (pls. specify) | ___________ has. | ||||
| Total | ___________ has. | |||||
| 2. | Topography (Check appropriate box) | |||||
| Area (has.) | ||||||
| [ ] | Below 18% slope | ____________ | ||||
| [ ] | 18% slope and above | |||||
| a. | For Acquisition | ____________ | ||||
| b. | For Exclusion 1 | ____________ |
3. Present Physical Status of the Land (Check appropriate box)
[ ] Subject property is presently being cultivated.
[ ] Subject property is presently idle, but was previously planted to __________________________ in 19___.
[ ] Subject property has never been cultivated.
[ ] Suitable to agriculture and recommended for acquisition are ________ hectares.
[ ] Not Suitable to agriculture are ________ hectares.
Note: For idle and/or abandoned lands, secure Department of Agriculture (DA) Certification as to its suitability to agriculture. SCETHa
4. Accessibility to/Availability of (Check appropriate box)
4.1 Road
| Type | Approximate Distance | Land Surface | |
| from Landholding | (concrete, asphalt, | ||
| gravel, dirt, etc.) | |||
| [ ] | Barangay road | _____________ kms. | ____________ |
| [ ] | Municipal road | _____________ kms. | ____________ |
| [ ] | Poblacion | _____________ kms. | ____________ |
| [ ] | Provincial road | _____________ kms. | ____________ |
| [ ] | Market/Trading Center | _____________ kms. | ____________ |
| [ ] | National road | _____________ kms. | ____________ |
4.2 Type of Transportation Available
[ ] Bus
[ ] Boat/Banca
[ ] Tricycle
[ ] Jeep
[ ] Others (specify)
[ ] _________________
4.3 Type of Irrigation Available
[ ] NIA
[ ] Communal
[ ] Deep well
[ ] Others (specify) _____________
5. Land Use
| Crops Planted | Area (has.) | |
| Estimated Per | Per Approved | |
| Field Investigation | Survey Plan | |
| _____________________ | ________________ | ________________ |
| _____________________ | ________________ | ________________ |
| _____________________ | ________________ | ________________ |
| _____________________ | ________________ | ________________ |
| _____________________ | ________________ | ________________ |
| _____________________ | ________________ | ________________ |
| TOTAL ______________ | ________________ | ________________ |
C. Permanent Improvements
| 1. | Permanent Crops | |||||||
| Non-Income | ||||||||
| Crops/Fruit | Introduced by | Income Producing | Producing or | |||||
| Trees/ | or Fruit Bearing | Non-Fruit | ||||||
| Commercial | Bearing | |||||||
| Trees | LOs | FBs | Others (pls. | Quantity | Ave. | Quantity | Ave. | |
| specify) 2 | Age | Age | ||||||
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| _________ | _____ | _____ | _________ | ________ | _____ | ______ | ______ | |
| 2. | Infrastructures | |||||||
| Type of | Introduced by | Floor Area | Estimated | Present | Funded | |||
| Infra- | LOs | FBs | Others | (m2) or | Remaining | Condition | by | |
| structure | (pls. | Prod'n | Useful Life | |||||
| specify)3 | Capacity | |||||||
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| 3. | Chattel and Other Movables | |||||||
| Type of | Introduced by | Floor Area | Estimated | Present | Funded | |||
| Chattel | LOs | FBs | Others | (m2) or | Remaining | Condition | by | |
| and Other | (pls. | Prod'n | Useful Life | |||||
| Movables | specify) 4 | Capacity | ||||||
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| ________ | ____ | ____ | ______ | _________ | ________ | _________ | ____ | |
| REMARKS (SOURCE OF INFORMATION) | ||||||||
| ________________________________________________________ | ||||||||
| ________________________________________________________ |
D. Production and Income
1. Production Data
|
Crops/Trees
|
Productive
|
No. of Crop
|
No. of Months
|
Ave.
|
|
Planted 5
|
Area (has.)
|
Cycle Per
|
Per Crop Per
|
Production
|
|
|
|
Year or Per
|
Cycle or
|
Per Crop
|
|
|
|
Harvest (e.g.,
|
Years Per
|
Cycle Per Ha.
|
|
|
|
commercial
|
Harvest of
|
or Per Harvest
|
|
|
|
trees)
|
Trees
|
of Trees Per
|
|
|
|
|
|
Ha.
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
|
___________
|
__________
|
_________
|
_______________
|
_________
|
2. Net Income Data
|
Crops/Trees
|
Annual
|
Selling
|
Total Value
|
Cost of
|
Net Income
|
|
Planted 6
|
Gross
|
Price Per
|
in Pesos
|
Prod'n Per
|
Per Ha. or
|
|
|
Prod'n. Per
|
Unit
|
Per Ha. or
|
Ha. or Per
|
Prod'n Unit
|
|
|
Ha.
|
|
Per Prod'n
|
Prod'n Unit
|
|
|
|
|
|
Unit
|
|
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
|
________
|
________
|
_______
|
__________
|
__________
|
_________
|
3. Other Income (Specify, if any)
________________________________________________________
________________________________________________________
________________________________________________________
Remarks (Source of Information)
______________________________________________________________
______________________________________________________________
E. Comparable Sales (CS) (To be Filled Up By LBP)
1. BIR Zonal Value: Php ___________
2. Assessed Value per Tax Declaration (In the absence of BIR Zonal Value): Php ___________
F. Market Value Per Tax Declaration (To be Filled Up By LBP)
1. Date Tax Declaration was issued: __________________________
2. Effectivity of Schedule of Unit Market Value (SUMV): __________________________ CcaASE
2.1 Land Only
|
Actual Land Use per
|
Area (ha.)
|
Unit Value Per Schedule
|
|
FIR
|
|
of Unit Market Value
|
|
_________________
|
___________
|
____________________
|
|
_________________
|
___________
|
____________________
|
|
_________________
|
___________
|
____________________
|
|
_________________
|
___________
|
____________________
|
|
_________________
|
___________
|
____________________
|
2.2 Permanent Crop Improvements
|
No. of Fruit
|
No. of Non-Fruit
|
Type
|
Unit Value Per
|
|
Bearing Trees
|
Bearing Trees
|
|
Schedule of Unit
|
|
|
|
|
Market Value
|
|
____________
|
______________
|
_______
|
______________
|
|
____________
|
______________
|
_______
|
______________
|
|
____________
|
______________
|
_______
|
______________
|
|
____________
|
______________
|
_______
|
______________
|
|
____________
|
______________
|
_______
|
______________
|
G. Total Value Declared By Landowner in the Letter-Offer
| Date of Letter Offer | : | ________________________ | |
| Date of Acknowledgement by PARO | : | ________________________ | |
| Value of Land and Crop Improvements | : | Php _____________________ | |
| Value of Non-Crop Improvements | : | Php _____________________ | |
| Total Value | : | PhP _____________________ |
H. Other Liens/Encumbrances Annotated in the Title
|
Entry No.
|
Nature
|
|
_______________________________
|
____________________________
|
|
_______________________________
|
____________________________
|
I. Remarks/Comments/Recommendations
DARMO
______________________________________________________________
______________________________________________________________
BARC Representative
______________________________________________________________
______________________________________________________________
LBP Representative
______________________________________________________________
______________________________________________________________
J. Certification
We hereby certify that the information and data contained in this report are based on ocular inspection of the subject property, actual examination of pertinent documents, and the results of valuation data gathering, and that the same are true and correct to the best of our knowledge.
|
|
|
|
________________________________
|
______________________
|
|
Municipal Agrarian Reform Officer
|
Date
|
|
________________________________
|
______________________
|
|
LBP Representative
|
Date
|
|
________________________________
|
______________________
|
|
BARC Representative
|
Date
|
|
|
|
|
|
|
|
CONCURRED BY:
|
|
|
________________________________
|
______________________
|
|
Provincial Agrarian Reform Officer
|
Date
|
|
________________________________
|
______________________
|
|
Head, LBP-Agrarian Operations Center
|
Date
|
CARP-LAD FORM NO. 24
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _____________
Province of _____________
Region No. _____________
PRELIMINARY LIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES OF CARP
To Whom It May Concern:
This is to inform you that based on the information gathered by the Department of Agrarian Reform Municipal Office (DARMO), the following persons have been listed as potential beneficiary/ies in the landholding covered under the Comprehensive Agrarian Reform Program (CARP) owned by _________________________________________, embraced by OCT/TCT/TD No. _____________ with Lot No. _____________ and Approved Survey No. __________ with a total area of ______________ (has.) more or less, and located at __________________________________________:
|
Name/s of Farmers/Farmworkers
|
Address
|
|
1. __________________________
|
___________________________
|
| 2. __________________________ |
___________________________
|
| 3. __________________________ |
___________________________
|
| 4. __________________________ |
___________________________
|
| 5. __________________________ |
___________________________
|
| 6. __________________________ |
___________________________
|
| 7. __________________________ |
___________________________
|
| 8. __________________________ |
___________________________
|
| 9. __________________________ |
___________________________
|
| 10. _________________________ |
___________________________
|
| 11. _________________________ |
___________________________
|
| 12. _________________________ |
___________________________
|
| 13. _________________________ |
___________________________
|
| 14. _________________________ |
___________________________
|
| 15. _________________________ |
___________________________
|
| 16. _________________________ |
___________________________
|
| 17. _________________________ |
___________________________
|
| 18. _________________________ |
___________________________
|
| 19. _________________________ |
___________________________
|
| 20. _________________________ |
___________________________
|
| 21. _________________________ |
___________________________
|
| 22. _________________________ |
___________________________
|
| 23. _________________________ |
___________________________
|
| 24. _________________________ |
___________________________
|
| 25. _________________________ |
___________________________
|
NOTE: Use Additional Sheets, if Necessary
Other farmers/farmworkers and concerned parties who are qualified and may have an interest in the said landholding as potential beneficiaries are invited to visit the DARMO and to bring the pertinent documents as proof of qualification/s as an agrarian reform beneficiary of CARP within fifteen (15) days from __________________ (indicate the last day of posting of this preliminary list):
a. Community tax certificate or barangay certificate indicating potential ARBs as permanent/bonafide residents of the barangay;
b. Social Security System (SSS) Identification card;
c. Voter's identification card or certified copy of voter's registration record;
d. Other identification documents with probative value;
e. Certificate of aggregate landholding from the City/Municipal Assessor, land titles, tax declarations;
f. Leasehold contract and/or proof of tenancy papers;
g. Employment certificate indicating length of service and/or periods of employment in the commercial farm or plantation;
h. Payslip or payroll;
i. Original or certified copy of letter of resignation for farmworker-beneficiaries;
j. Original or certified copy of decision order or ruling by a court, quasi-judicial body or administrative agency in the event that there was a case related to the dismissal, retrenchment, etc. of the potential ARB;
k. Original or certified copy of notice of dismissal or retrenchment of farmworker beneficiaries; and cIaCTS
l. Such other proof that will establish the qualifications or disqualifications of the prospective beneficiary.
Done this _______ day of __________________, 20___.
__________________________________
CARP-LAD FORM NO. 25
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of _________________
Region No. ____________
REQUEST/PETITION TO BE INCLUDED AS POTENTIAL ARB IN THE PRELIMINARY LIST OF ARBS
_____________________
The Municipal Agrarian Reform Officer (MARO)
DARMO _______________________________
Sir/Ma'am:
In connection with the preliminary list of agrarian reform beneficiaries (ARBs) for the landholding owned by _____________________________________, embraced by OCT/TCT/TD No. __________, Lot No. _________ and Approved Survey No. ____________, with a total area of ____________ (has.) more or less, and located at __________________________________________, which was posted at _____________________________ (place), on ________________ (date), I/we, the undersigned tenant/s/lessee/s/regular farmworker/s/seasonal farmworker/s/other farmworkers/actual tiller/s/occupant/s in the said landholding signify my/our interest and requests that my/our names be included as potential beneficiaries in the said preliminary list.
As applicants, I/we declare that I/we possess the following basic qualifications of an ARB, to wit:
[ ] Landless as defined by R.A. No. 6657, as amended;
[ ] Filipino citizen;
[ ] Permanent resident of the barangay and/or municipality where the landholding is located.
Attached are the pertinent documents as proof of my/our qualifications as bonafide beneficiary/ies in the above landholding:
A. For Tenants, Lessees, Actual Tillers/Occupants in Landholdings for Individual and Collective Distribution to ARBs (Please Check Appropriate Box):
[ ] Community Tax Certificate (cedula) or barangay certificate of potential ARB as permanent or bonafide resident of the barangay;
[ ] Voter's identification card or certified copy of voter's registration record;
[ ] Leasehold contract and/or proof of tenancy papers;
[ ] Certificate of Aggregate Landholding from the Municipal or City Assessor, land titles, tax declarations; and
[ ] Other documents that can establish the qualifications of the potential beneficiary
B. For Farmworkers in Commercial Farms, Plantations and Other Lands Qualified for Collective Distribution (Please Check Appropriate Box):
[ ] Employment certificate;
[ ] Social Security System (SSS) identification card;
[ ] Payslip/s or payroll;
[ ] Original or certified copy of decision/order or ruling by a court, quasi judicial body or administrative agency if there was a case related to the dismissal, retrenchment, etc., of the potential ARB;
[ ] Original or certified copy of Notice of Dismissal or retrenchment for farmworkers beneficiaries; and
[ ] Original or certified copy of letter of resignation for farmworker beneficiaries.
Thank you.
Respectfully yours,
|
Name/s of Petitioning Potential ARB/s
|
Signature
|
|
______________________________
|
___________________
|
|
______________________________
|
___________________
|
|
______________________________
|
___________________
|
|
______________________________
|
___________________
|
|
______________________________
|
___________________
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(use additional sheets if necessary)
CARP-LAD FORM NO. 26
Republic of the Philippines
_____________________ (Issuing Agency/Institution)
Municipality/City of _____________________
Province of _______________
Region No. ____________
CERTIFICATION OF POSTING COMPLIANCE
(For List of ARBs)
This is to certify that the list of names of actual/potential beneficiaries contained in the (please check appropriate box):
[ ] Preliminary List of Potential of Agrarian Reform Beneficiaries of CARP
[ ] Updated Preliminary List of Potential Agrarian Reform Beneficiaries of CARP
[ ] Master List of Agrarian Reform Beneficiaries
in the subject landholding covered under the Comprehensive Agrarian Reform Program (CARP), owned by ____________________________, embraced by OCT/TCT/TD No. __________________, with Lot No. _________ and Approved Survey No. ______________, with a total area of __________________ (has.) more or less, and located at ____________________, has been posted in the barangay/municipal hall and other designated public places for a period of fifteen (15) days from _________________, 20___ to _________________, 20__.
This certification is issued as a proof that the notification of concerned parties through posting had been properly observed and that the notice was posted in the barangay/municipal halls and other designated public places for a period of fifteen (15) days.
Done this day _______ of __________________, 20__.
______________________________________ Signature over Printed Name of BARC Chairman/Barangay or City or Municipal Official or Authorized Representative
In addition to the abovementioned documents or papers please bring the following, if applicable:
1. Original or certified copy of letter of resignation for farmworker-beneficiaries;
2. Original or certified copy of decision, order or ruling by a court, quasi-judicial body or administrative agency in the event that there was a case related to the dismissal, retrenchment, etc. of the potential ARB;
3. Original or certified copy of Notice of Dismissal or Retrenchment of farmworker-beneficiaries; and
4. Such other proof that will establish your qualifications as potential beneficiary.
To signify your interest to become a beneficiary of CARP, please make yourself available to attend the meeting as scheduled.
Thank you. EcTIDA
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 27
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ______________
INVITATION LETTER
_____________________
________________________
________________________
________________________
Dear Mr./Ms. _________________:
Please be informed that the agricultural land owned by Mr./Ms. ___________________________, embraced by OCT/TCT/TD No. __________, with Lot No. _____________ and Approved Survey No. _________, and with an area of __________________ hectares, located at _________________________________ has been placed under the coverage of the Comprehensive Agrarian Reform Program (CARP).
Being landless and a tenant/lessee/farmworker/actual tiller/actual occupant in the said landholding, you may qualify to become an agrarian reform beneficiary (ARB) under CARP in the subject landholding and are included in the preliminary list of agrarian reform beneficiaries (ARBs).
In this regard, may we invite you to a meeting regarding the coverage under CARP of the subject landholding on _________________________ (date), at _______ (time), at the DAR office located at ________________________________.
Please bring the following documents or papers with you during the scheduled meeting:
1. Community Tax Certificate (Cedula) or Barangay Certificate;
2. Voter's identification card or certified copy of voter's registration record;
3. Leasehold contract and/or proof of tenancy papers;
4. Certificate of Employment;
5. Payslip or payroll;
6. Social Security System Identification Card;
7. Certificate of Aggregate Landholdings from City or Municipal Assessor, titles, tax declarations; and/or
8. Other identification documents with probative value.
CARP-LAD FORM NO. 28
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _____________
Province of _____________
Region No. _____________
GENERAL NOTICE
_____________________
TO WHOM IT MAY CONCERN:
Please be informed that the agricultural landholding owned by Mr./Ms. _______________________, embraced by OCT/TCT/TD No. __________, with Lot No. ____________ and Approved Survey No. __________, and with an area of _____________ hectares, located at __________________________ has been placed under the coverage of the Comprehensive Agrarian Reform Program (CARP).
All tenants/lessee/farmworkers/actual tillers/actual occupants in the said landholding may qualify to become an agrarian reform beneficiary (ARB) therein and are invited to a meeting regarding the coverage under CARP of the subject landholding on _________________ (date), at ___________ (time), at the DAR office located at __________________________________________.
Please bring the following documents or papers with you during the scheduled meeting:
1. Community Tax Certificate (Cedula) or Barangay Certificate;
2. Voter's identification card or certified copy of voter's registration record;
3. Leasehold contract and/or proof of tenancy papers;
4. Certificate of Employment;
5. Payslip or payroll;
6. Social Security System Identification Card;
7. Certificate of Aggregate Landholdings from City or Municipal Assessor, titles, tax declarations; and/or
8. Other identification documents with probative value.
In addition to the abovementioned documents or papers please bring the following, if applicable:
1. Original or certified copy of letter of resignation for farmworker-beneficiaries;
2. Original or certified copy of decision, order or ruling by a court, quasi-judicial body or administrative agency in the event that there was a case related to the dismissal, retrenchment, etc. of the potential ARB;
3. Original or certified copy of Notice of Dismissal or Retrenchment of farmworker-beneficiaries; and
4. Such other proof that will establish your qualifications as potential beneficiary.
To signify your interest to become a beneficiary of CARP, please make yourself available to attend the meeting as scheduled.
Thank you. TaIHEA
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 29
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of _______________
Region No. ___________
PROOF OF PERSONAL SERVICE
1. For Letter of Invitation Received By Potential ARB
I, _____________________________, of legal age and resident of ____________________________ received the "Letter of Invitation" to attend the meeting on _______________________ at __________________________ regarding the agricultural land covered under Republic Act (R.A.) No. 6657, as amended, owned by ________________________________, embraced by OCT/TCT/TD No. _____________, with Lot No. _____________, and Approved Survey No. _____________, with a total area of _____________ (has.) more or less and located at _____________________________________. The said "Letter of Invitation" is addressed to Mr./Ms. _______________________________ and was delivered by _________________________________ of DAR Municipal Office of ________________________________, Province of _______________________ on ________________, 20___ at ______________________________________.
______________________________________(Signature Over Printed Name)
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of _______________
Region No. ___________
PROOF OF PERSONAL SERVICE
II. For "Letter of Invitation" Refused to be Received By Potential ARB
This is to attest that Mr./Ms. ___________________________, identified as one of the potential Agrarian Reform Beneficiaries (ARBs), refused to receive the "Letter of Invitation" for the meeting on _____________________ at ____________________________________ regarding the agricultural land covered under Republic Act (R.A.) No. 6657, as amended, owned by __________________________________, embraced by OCT/TCT/TD No. ____________, with Lot No. ____________ and Approved Survey No. ____________, with a total area of _____________ (has.) more or less, and located at _________________________________. The subject landholding is covered under R.A. No. 6657, as amended or the Comprehensive Agrarian Reform Law (CARL).
Done this _____________ day of _______________, 20____ at ____________________________________.
__________________________________
Witnessed by:
_______________________________BARC Chairman/Barangay Chairman (Signature Over Printed Name)
CARP-LAD FORM NO. 30
AGRARIAN REFORM BENEFICIARY (ARB) APPLICATION
CARP-LAD FORM NO. 31
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of _______________
Region No. ___________
NOTICE OF DISQUALIFICATION AS AGRARIAN REFORM BENEFICIARY
_____________________
__________________________
__________________________
__________________________
Dear Mr./Ms. _________________:
Please be informed that upon thorough review, evaluation and field validation of your application to become an agrarian reform beneficiary (ARB) and the documents you submitted, the Department of Agrarian Reform (DAR) finds that you do not meet the qualifications to become an ARB under the Comprehensive Agrarian Reform Program (CARP) as provided under Section 22 of Republic Act (R.A.) No. 6657, as amended.
We regret to inform you that you do not qualify to become an ARB in the agricultural landholding owned by Mr./Ms. __________________________, embraced by OCT/TCT/TD No. ___________, with Lot No. ___________ and Approved Survey No. ___________, and with an area of ___________ hectares, located at ______________________________________________.
Thank you.
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 32
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of _______________
Region No. ___________
UPDATED PRELIMINARY LIST OF POTENTIAL BENEFICIARIES OF CARP
TO WHOM IT MAY CONCERN:
This is to inform you that based on the verification and validation of the Department of Agrarian Reform Municipal Office (DARMO), the following persons have been listed as potential agrarian reform beneficiaries (ARBs) in the landholding covered under the Comprehensive Agrarian Reform Program (CARP) owned by _________________________, embraced by OCT/TCT/TD No. ________, Lot No. ________, and Approved Survey No. ________, with a total area of ________ (has.), more or less and located at _____________________________________. THAECc
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Name of Farmers
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Address
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| 1. | __________________________ | __________________________ |
| 2. | __________________________ | __________________________ |
| 3. | __________________________ | __________________________ |
| 4. | __________________________ | __________________________ |
| 5. | __________________________ | __________________________ |
| 6. | __________________________ | __________________________ |
| 7. | __________________________ | __________________________ |
| 8. | __________________________ | __________________________ |
| 9. | __________________________ | __________________________ |
| 10. | __________________________ | __________________________ |
| 11. | __________________________ | __________________________ |
| 12. | __________________________ | __________________________ |
| 13. | __________________________ | __________________________ |
| 14. | __________________________ | __________________________ |
| 15. | __________________________ | __________________________ |
| 16. | __________________________ | __________________________ |
| 17. | __________________________ | __________________________ |
| 18. | __________________________ | __________________________ |
| 19. | __________________________ | __________________________ |
| 20. | __________________________ | __________________________ |
| 21. | __________________________ | __________________________ |
| 22. | __________________________ | __________________________ |
| 23. | __________________________ | __________________________ |
| 24. | __________________________ | __________________________ |
| 25. | __________________________ | __________________________ |
NOTE: Use additional sheets, if necessary
Parties who may have concerns on inclusion or exclusion in this updated preliminary list may do so in writing within fifteen (15) days from ________________________ (indicate the last day of posting of this updated preliminary list) and submit this to the DAR Municipal Office located at ______________________________________.
Done this ______________ day of ____________________, 20____.
_________________________________
CARP-LAD FORM NO. 33
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of _______________
Region No. ___________
MASTER LIST OF AGRARIAN REFORM BENEFICIARIES (ARBs)
| Landowner: _____________________________ | Location: _________________ | |||||||
| OCT/TCT/TD No. ________________________ | Total Area: ____________ (has.) | |||||||
| Lot No. _______ Approved Survey No. ________ | Crops Planted: ______________ | |||||||
| Name of | Name of | Present | Position/ | Place of | Length of | Remarks | ||
| No. | ARBs | Address | Spouse | Status 1 | Designation 2 | Assignment 3 | Tenure/ | |
| Service | ||||||||
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| ____ | ________ | ______ | ______ | _______ | ___________ | __________ | _______ | _______ |
| (Use additional sheet, if necessary) | ||||||||
| Prepared by: | Reviewed by: | |||||||
| ___________________________ | ____________________________ | _____________________________________ | ||||||
| Agrarian Reform Technologist | Municipal Agrarian Reform Officer |
Beneficiary Screening Committee-Chairman
|
||||||
| (Signature Over Printed Name) | (Signature Over Printed Name) |
(Signature Over Printed Name)
|
CARP-LAD FORM NO. 33-A
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of _________________
Province of _______________
Region No. ___________
MASTER LIST OF AGRARIAN REFORM BENEFICIARIES (ARBs)
| Landowner: ___________________ | Location: ___________ | |||||||||
| OCT/TCT/TD No. _______________ | Total Area: __________ (has.) | |||||||||
| Lot No. _______ Approved Survey No. ________ | Crops Planted: ______________ | |||||||||
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| (Use additional sheet, if necessary) | ||||||||||
| Prepared by: | Reviewed by: | |||||||||
| _____________________________ | _____________________________ | Beneficiary Screening Committee-Chairman | ||||||||
| Agrarian Reform Technologist | Municipal Agrarian Reform Officer | (Signature Over Printed Name) | ||||||||
| (Signature Over Printed Name) | (Signature Over Printed Name) | |||||||||
| Certified by: | Attested to by: | |||||||||
| _____________________________ | _________________________ | |||||||||
| BARC Chairman or Authorized | Landowner | |||||||||
| Representative | (Signature Over Printed Name) | |||||||||
| (Signature Over Printed Name) |
CARP-LAD FORM NO. 33-A.1
Republic of the Philippines
BARANGAY AGRARIAN REFORM COUNCIL
Municipality/City of _______________
Province of __________________
Region __________
CERTIFICATION
This is to certify that the Agrarian Reform Beneficiaries (ARBs) contained in the hereto attached CARP-LAD Form No. 33-A titled, "Master List of Agrarian Reform Beneficiaries", containing _______ pages, on the parcel of agricultural landholding owned by _________________________, embraced by OCT/TCT/TD No. __________, Lot No. __________ and Approved Survey No. __________, and with a total area of __________ (has.) more or less, located at ________________________________, have undergone rigid review and evaluation by this Council and were found to be the qualified ARBs in the subject landholding in accordance with agrarian reform laws and concomitant implementing rules and regulations. TEacSA
This CERTIFICATION is issued as a requisite in the land acquisition and distribution (LAD) process under CARP and for other legal purposes this may serve.
Issued this ________ day of _____________, 2009 in Barangay ____________________, Municipality of ____________________, Province of ______________________, Philippines.
_________________________________(Signature over Printed Name)
WITNESS:
_____________________________ Signature over Printed Name
SUBSCRIBED and SWORN to before me, this _____ day of ______________, 2009 in ____________________, the certifying BARC Chairman/Member having presented to me his/her Community Tax Certificate No. ______________, issued on ________________, at _________________________.
Notary Public
Doc. No. ______
Page No. ______
Book No. _____
Series of 2009.
CARP-LAD FORM NO. 33-A.2
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality/City of ___________________
Province of ____________________
Region ________
LANDOWNER'S ATTESTATION OF THE MASTER LIST OF ARBs
REPUBLIC OF THE PHILIPPINES
PROVINCE OF _____________________) S.S
MUNICIPALITY OF _________________)
THAT I, ____________________________ (name of LO), of legal age, Filipino, _____________ (status), a resident of ______________________________, after having been sworn to in accordance with law, hereby depose and say, that:
1. I am the owner of the parcel of agricultural land embraced by OCT/TCT/TD No. _________, Lot No. _________ and Approved Survey No. _________, containing a total area of _________ (has.), more or less, and located at _________________________________;
2. The above landholding was placed under the coverage of the Comprehensive Agrarian Reform Program (CARP) pursuant to Republic Act (R.A) No. 6657, as amended by R.A No. 9700;
3. I attest to the veracity, validity, and authenticity of the personal circumstances and other related facts and status of the Agrarian Reform Beneficiaries (ARBs) who are tenants/lessees/regular farmworkers in my landholding and named in the hereto attached CARP-LAD Form No. 33-A titled, "Master List of Agrarian Reform Beneficiaries", which contains ______ pages and further affirm and pose no objection to their selection as ARBs in my landholding;
4. I am executing this attestation to confirm the truth of the foregoing facts and circumstances and as a requisite in the land acquisition and distribution process (LAD) for the coverage of my landholding under CARP.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ day of ______________, 20___, in ________________________, Philippines.
_________________________
WITNESS:
___________________________ Signature over Printed Name
SUBSCRIBED AND SWORN to before me, A Notary Public, this _______ day of _______________, 2009, affiant presented his/her Community Tax Certificate No. ____________ issued at ______________, issued on _________________, and he/she declared to me that this attestation is freely and voluntarily executed.
Notary Public
Doc. No. ______
Page No. ______
Book No. _____
Series of ______
CARP-LAD FORM NO. 34
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality/City of ______________
Province of ______________
Region ___________
NOTICE
MASTER LIST OF AGRARIAN REFORM BENEFICIARIES
This is to inform all concerned parties that based on information gathered and a series of validation and investigation by the Department of Agrarian Reform Municipal Office (DARMO)/Beneficiary Screening Committee (BSC), the names in the attached Master List of Agrarian Reform Beneficiaries (ARBs) are the qualified beneficiaries of the landholding covered under the Comprehensive Agrarian Reform Program (CARP) and owned by _________________________, embraced by OCT/TCT/TD No. ___________, with Lot No. ___________ and Approved Survey No. ___________, covering a total area of ___________ (has.), more or less, and located at ___________________________.
Concerned party/ies may file a protest on the said Master List of ARBs at the DAR Provincial Office (DARPO) within fifteen (15) days __________________ (indicate the last day of posting of master list). Failure to do so with the said reglementary period shall be deemed as a waiver to protest. cdll
_____________________________________Municipal Agrarian Reform Officer or
CARP-LAD FORM NO. 35
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
NOTICE OF PUBLIC HEARING
_____________________
_________________________
_________________________
_________________________
Dear Mr./Ms. _____________:
Please be informed that the Department of Agrarian Reform (DAR) will cover under the Comprehensive Agrarian Reform Program (CARP) the agricultural landholding owned by Mr./Ms. ______________________, embraced by OCT/TCT/TD No. __________, with Lot No. __________ and Approved Survey No. __________, and with an area of __________________ hectares, located at __________________________________. As of this date, we have already updated the preliminary list of potential agrarian reform beneficiaries (ARBs).
In this regard, may we invite you to a public hearing on _________________ (date), at ____________ (time), at __________________________ (place) to discuss petitions for inclusion/exclusion from the updated preliminary list of ARBs.
Thank you very much.
Very truly yours,
___________________________________Municipal Agrarian Reform Officer or
CARP-LAD FORM NO. 35-A
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
GENERAL NOTICE OF PUBLIC HEARING
_____________________
TO WHOM IT MAY CONCERN:
Please be informed that the Department of Agrarian Reform (DAR) will cover under the Comprehensive Agrarian Reform Program (CARP) the agricultural landholding owned by Mr./Ms. _____________________, embraced by OCT/TCT/TD No. _________, with Lot No. _________ and Approved Survey No. _________, and with an area of ___________ hectares, located at ____________________________. As of this date, we have already updated the preliminary list of potential agrarian reform beneficiaries (ARBs).
In this regard, may we invite you to a public hearing on _______________ (date), at _______________ (time), at ______________________________ (place) to discuss petitions for inclusion/exclusion from the updated preliminary list of ARBs.
Thank you.
Very truly yours,
________________________________
CARP-LAD FORM NO. 36
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
TRANSMITTAL LETTER TO BARC RE: CERTIFICATION OF MASTER LIST OF ARBs
_____________________
THE CHAIRMAN
Barangay Agrarian Reform Council (BARC)
___________________________________
___________________________________
(Address)
Dear Chairman ______________________:
Pursuant to Section 5 of Republic Act (R.A.) No. 9700 and DAR Administrative Order (A.O.) No. _____, Series of 2009 titled, "Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands under Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700", may we transmit the attached Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33-A) on the CARP-covered landholding described as follows:
| Name of Land Owner: | ____________________________ |
| OCT/TCT/TD No.: | ____________________________ |
| Lot No.: | ____________________________ |
| Approved Survey No.: | ____________________________ |
| Total Area (has.): | ____________________________ |
| Location of Property: | ____________________________ |
| ____________________________ |
As prescribed by R.A. No. 9700 and its implementing rules and regulations, the BARC shall certify under oath to the said master list of agrarian reform beneficiaries (ARBs) within fifteen (15) days from receipt hereof. Should you find the Master List of ARBs in order, please affix your signature on the allotted space at the end of the master list and on the attached form for BARC Certification of Master List of ARBs (CARP-LAD Form No. 33-A.1) which should be duly notarized by a Notary Public.
Thank you for your continued support of the DAR in the implementation of the Comprehensive Agrarian Reform Program (CARP).
For the BARC Chairman's consideration and appropriate action.
Very truly yours,
________________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 37
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
TRANSMITTAL LETTER TO LO RE: ATTESTATION OF MASTER LIST OF ARBs
_____________________
Mr./Ms: ____________________________
____________________________
____________________________
(Name and Address of LO)
Sir/Madam:
Pursuant to Section 5 of Republic Act (R.A.) No. 9700 and DAR Administrative Order (A.O.) No. _______, Series of 2009 titled, "Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands Under Republic Act (R.A.) 6657, as amended by R.A. No. 9700", may we transmit the attached Master List of Agrarian Reform Beneficiaries certified by the Barangay Agrarian Reform Council {BARC} (CARP-LAD Form No. 33-A) for your attestation under oath of the tenant/s, lessee/s and regular farm worker/s on your landholding covered under the Comprehensive Agrarian Reform Program (CARP), described as follows:
| OCT/TCT/TD No.: | ____________________________ |
| Lot No.: | ____________________________ |
| Approved Survey No.: | ____________________________ |
| Total Area (has.): | ____________________________ |
| Location of Property: | ____________________________ |
| ____________________________ |
As specifically provided in the above policy issuance, please be informed that your right to attest to the master list of ARBs in so far as your tenant/s, lessee/s and regular farmworker/s are concerned shall be deemed waived after the lapse of fifteen (15) days from receipt hereof.
Should you find the Master List of ARBs in order, please affix your signature on the allotted space at the end of the master list and on the attached form for Landowner's Attestation of Master List of ARBs (CARP-LAD Form No. 33-A.2) which should be duly notarized by a Notary Public.
Thank you for your cooperation. EHaASD
Very truly yours,
______________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 38
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality/City of ______________
Province of ______________
Region No. ___________
REPORT ON PARTIAL/FULL NON-ATTESTATION/INACTION BY THE LO OF THE MASTER LIST OF ARBs
_____________________
| FOR | : | THE PROVINCIAL AGRARIAN REFORM OFFICER |
| FROM | : | THE MUNICIPAL AGRARIAN REFORM OFFICER (IMARO) |
| SUBJECT | : | Report on Partial Attestation/Non-Attestation/Inaction by the Landowner (LO) of the Master List of Agrarian Reform Beneficiaries (ARBs) |
This is to submit a report on the landowner's partial/full non-attestation/inaction of the master list of ARBs in the CARP-covered landholding described as follows: IaDcTC
| Name of Landowner: | ____________________________ |
| OCT/TCT/TD No.: | ____________________________ |
| Lot No.: | ____________________________ |
| Approved Survey No.: | ____________________________ |
| Total Area (has.): | ____________________________ |
| Location of Property: | ____________________________ |
| ____________________________ |
The following are the circumstances pertaining to the said landowner's partial/full non-attestation/inaction: (Please check appropriate box)
[ ] Partial non-attestation to the master list of ARBs by LO
[ ] LO attested only to specific ARBs in the master list
[ ] LO attested to specific ARBs and identified other ARBs either by substitution or addition whom the LO claims as his tenants/lessees/regular farmworkers
[ ] Full non-attestation to the master list of ARBs by LO
[ ] Returned the master list of ARBs to the DARMO on ____________________ without attesting to the ARBs in the master list
[ ] Returned the master list of ARBs to the DARMO on ____________________ without attesting to all ARBs in the master list and identified other ARBs either by substitution or addition whom the LO claims as his tenants, lessees or regular farmworkers
[ ] No action was taken by the LO on the master list of ARBs within the 15-day prescribed period (Inaction)
Date of transmittal of the master list of ARBs to the LO: ___________________________________________
Date of follow-up by the DARMO with the LO: ___________________________________________
Attached are the pertinent documents submitted by the LO supporting the substitute/additional ARB/s' qualifications as tenants/lessees/regular farmworkers as alleged: (pls. check appropriate box)
[ ] leasehold contract/proof of tenancy papers
[ ] employment certificate; CSIDEc
[ ] payslip/payroll;
[ ] Original or certified copy of decision or order or ruling by a court, quasi-judicial body or administrative agency, if there was a case related to the dismissal, retrenchment, etc., of the potential ARB;
[ ] Original or certified copy of Notice of Dismissal or retrenchment for farm worker beneficiaries;
[ ] Original or certified copy of letter of resignation for farmworker-beneficiaries; and
[ ] Other documents establishing the qualifications of the potential beneficiary (pls. specify):
________________________________________________________
________________________________________________________
________________________________________________________
Likewise, attached for the PARO's reference are the following documents:
[ ] Proof of service of the master list of ARBs to the LO
[ ] LO's reply or communication about his partial or full non-attestation of master list of ARBs
For the PARO's information and appropriate action.
________________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 39
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
LETTER TO BARC CHAIRMAN FOR THE CONDUCT OF COMPULSORY ARBITRATION
_____________________
THE CHAIRMAN
Barangay Agrarian Reform Council (BARC)
___________________________________
___________________________________
(Address)
Dear Chairman _____________________:
This has reference to the attached report of the Municipal Agrarian Reform Officer (MARO) of _______________________________ on the partial/full non-attestation of Mr./Ms. ___________________________________ (name of landowner) to the Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33-A) as to the tenant/s, lessee/s, and regular farm workers in the CARP-covered landholding described below:
| OCT/TCT/Tax Declaration No./s | : | ____________________________ |
| Lot No. | : | ____________________________ |
| Approved Survey No. | : | ____________________________ |
| Total Area (has.) | : | ____________________________ |
| Location of Property | : | ____________________________ |
| ____________________________ |
Pursuant to the pertinent provisions of DAR Administrative Order (A.O.) No. _____, Series of 2009, you are hereby directed to convene the BARC and undertake compulsory arbitration within thirty (30) days from receipt hereof to determine the facts pertinent to the qualifications of the ARBs in the master list of ARBs and/or those the landowner (LO) claims to be his tenants, lessees or regular farmworkers. The BARC is directed to submit a report of its findings to this office within five (5) days from the completion of the compulsory arbitration.
Likewise attached for your reference are the pertinent documents on the qualifications of the ARBs in the master list and those submitted by the landowner.
For the BARC's compliance and immediate action.
________________________________Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 40
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
BARC REPORT OF FINDINGS ON THE COMPULSORY ARBITRATION
_____________________
THE PROVINCIAL AGRARIAN REFORM OFFICER
____________________________________________
____________________________________________
Sir/Madam:
This has reference to the Provincial Agrarian Reform Program Officer's (PARO) directive to conduct compulsory arbitration to determine the qualifications of agrarian reform beneficiaries (ARBs) listed in the master list of ARBs (CARP-LAD Form No. 33.A) who were not attested to by the landowner and other farmers/farmworkers whom the landowner claims are his tenant/s/lessee/s/regular farmworker/s, in the landholding owned by _____________________________, embraced by OCT/TCT/TD Nos. ____________, Lot No. ____________ and Approved Survey No. ____________, with a total area of ____________ (has.) more or less, and located at _________________________________________. cTECIA
The Barangay Agrarian Reform Council (BARC) conducted the compulsory arbitration on ________________________ at ______________________________. The following are the significant findings of the BARC:
A. On ARBs in the master list who were not attested to by the LO
1. Name of ARB: __________________________________________
Remarks/Recommendations: ________________________________
_______________________________________________________
_______________________________________________________
____________________________ (Use additional sheet if necessary)
2. Name of ARB: __________________________________________
Remarks/Recommendations: ________________________________
_______________________________________________________
_______________________________________________________
____________________________ (Use additional sheet if necessary)
3. Name of ARB: __________________________________________
Remarks/Recommendations: ________________________________
_______________________________________________________
_______________________________________________________
____________________________ (Use additional sheet if necessary)
B. On farmers/farmworkers identified by the LO as his tenants/lessees/regular farmworker
1. Name of ARB: __________________________________________
Remarks/Recommendations: ________________________________
_______________________________________________________
_______________________________________________________
____________________________ (Use additional sheet if necessary)
2. Name of ARB: __________________________________________
Remarks/Recommendations: ________________________________
_______________________________________________________
_______________________________________________________
____________________________ (Use additional sheet if necessary)
3. Name of ARB: __________________________________________
Remarks/Recommendations: ________________________________
_______________________________________________________
_______________________________________________________
____________________________ (Use additional sheet if necessary)
C. Other relevant information
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Attached for the PARO's reference are the following:
a. Proof/Evidence of qualification of ARBs (pls. specify)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
b. Minutes of Proceedings of Compulsory Arbitration indicating, among others, date, location and participants.
For the PARO's consideration and appropriate action.
________________________________BARC Chairman(Signature Over Printed Name)
CARP-LAD FORM NO. 41
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province of ______________
Region No. ___________
MASTER LIST OF AGRARIAN REFORM BENEFICIARIES (ARBs) AS FINALIZED BY PARO PER RESOLUTION OF LO NON-ATTESTATION
| Landowner: __________________________ | Location: __________________ | |||||||
| OCT/TCT/TD No. ____________________ | Total Area: ____________ (has.) | |||||||
| Lot No. _______ Approved Survey No. ________ | Crops Planted: ______________ | |||||||
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Designation 2
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Assignment 3
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| Prepared by: | Reviewed by: | Approved by: | ||||||
| _____________________________ | _____________________________ | _____________________________ | ||||||
| Agrarian Reform Program Officer | Chief Agrarian Reform | Provincial Agrarian Reform Officer | ||||||
| Operations Division | Program Officer | |||||||
| Operations Division |
CARP-LAD FORM NO. 42
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
APPLICATION TO PURCHASE AND FARMER'S UNDERTAKING
_____________________
The Honorable SecretaryDepartment of Agrarian ReformDiliman, Quezon City
Thru: The Municipal Agrarian Reform Officer
Sir:
Pursuant to the provisions of the Republic Act (R.A.) No. 6657, as amended, and the pertinent implementing rules and regulations, I/we, the identified and qualified agrarian reform beneficiary/ies (ARBs) of the Comprehensive Agrarian Reform Program (CARP), do hereby apply to purchase a parcel of the land owned by _______________________________, embraced by OCT/TCT/TD No. __________ with Lot No. __________, and Approved Survey No. __________, with a total area of __________ (has.) more or less, and located at ___________________________________________.
I/We obligate myself/ourselves to pay the land taxes thereon, and the amortization of the said property computed in accordance with the prevailing and pertinent provisions of the Comprehensive Agrarian Reform Law (CARL), its rules and regulations. Likewise, I/we acknowledge and confirm that a lien by way of mortgage in favor of the Land Bank of the Philippines (LBP) shall secure our obligation after LBP undertakes to finance the acquisition of the subject farmlots/homelots/other improvements, including interest thereon and penalties, if any. DaTISc
I/We request that the said property be awarded to me/us under: (Check Appropriate Box)
[ ] individual ownership
[ ] collective ownership through our cooperative/farmer's association
_______________________________________
As recipient/s of Certificate of Land Ownership Award (CLOA), I/we shall make the land awarded to me/us as productive as possible and I/we am/are aware that any negligence and misuse of the land or any support services extended to me/us shall forfeit my/our rights to continue as beneficiary/ies of the CARP.
Finally, I/we obligate myself/ourselves to comply with all the agrarian laws, rules and regulations pertaining to the acquisition and distribution of the land applied for.
In consideration of the foregoing, I/we hereby affix my/our signature/s and/or right thumb mark/s to this instrument correspondingly indicating the classification of the property purchased.
|
Name of ARB
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Name of
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Address
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Classification
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Applicant
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of the
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and/or
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(Note: Use additional sheets, if necessary)
REPUBLIC OF THE PHILIPPINES )
MUNICIPALITY/CITY OF ____________)
PROVINCE OF _____________________)
Subscribed and sworn to before me this _________ day of ______________, 20____, in __________________________, personally appeared the following person/s, known to me and to me known to be the same person/s who executed this sworn Application to Purchase and Farmer's Undertaking (APFU) after exhibiting to me the hereunder their community tax certificate/s:
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The abovenamed ARB/s acknowledged to me under oath that the same is his/her/their free and voluntary deed and full comprehension of its legal consequences. aAEHCI
WITNESS MY HAND AND OFFICIAL SEAL
HON. ___________________________Presiding Judge(Signature Over Printed Name)
Branch No. ________________________,
CARP-LAD FORM NO. 43
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region ___________
NOTICE TO ARBs REGARDING THE SCHEDULE OF THE APFU SIGNING
_____________________
Mr./Ms. _____________________
____________________________
Dear Mr./Ms. ________________:
Pursuant to Items IV (E) (16) and V (D.7) of Administrative Order (A.O.) No. ______, Series of 2009, which provide for the signing of the Application to Purchase and Farmer's Undertaking (APFU) by the qualified agrarian reform beneficiaries (ARBs) in the Master List of ARBs of the landholding owned by _____________________________, embraced by OCT/TCT/TD No. __________, with Lot No. __________ and Approved Survey No. __________, with a total area of __________ (has.) and located at ________________________________________, may we invite you to a meeting on ____________, 20__, at ________________________________ to discuss the following:
1) importance, necessity and significance of the signing of the APFU to the ARBs;
2) contents of the APFU, i.e., willingness to work on the land to make it productive, obligation to pay amortization and real property tax; and
3) the requirement to sign the APFU as an ARB and be sworn to under oath before a city or municipal judge
Likewise, in view of the requirement that the APFUs have to be sworn to before a municipal or city Judge, the DAR Municipal Office (DARMO) has already made arrangements with a municipal/city Judge to be present for this purpose on the said date.
To facilitate the processing of the land acquisition and distribution of the landholding on which you have qualified as an ARB, it is important that you attend the said meeting and accomplish and sign the APFU. Your failure to sign the APFU within the prescribed period without valid reason/s shall be construed as unwillingness to become an ARB and considered as waiver of right to become an ARB under the Comprehensive Agrarian Reform Program (CARP).
Thank you and we look forward to your attendance and participation on the said meeting and swearing-in ceremony. HITEaS
Very truly yours,
_____________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 44
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Municipality of ______________
Province of ______________
Region No. ___________
NOTICE TO ABSENT ARB RE: WAIVER OF RIGHTS AS AN ARB FOR FAILURE TO SIGN APFU
_____________________
___________________________
___________________________
___________________________
Dear Sir/Madam:
This has reference to the meeting conducted on ________________________ at ________________________ regarding the signing of Application to Purchase and Farmer's Undertakings (APFUs) by the qualified agrarian reform beneficiaries (ARBs) in the Master List of ARBs on the landholding covered under the Comprehensive Agrarian Reform Program (CARP), owned by _________________________, embraced by OCT/TCT/TD No. ___________ and Approved Survey No. ___________ with a total area of ___________ (has.) and located at _______________________________________________________.
Based on our records, you were served a letter regarding the schedule of APFU signing (CARP-LAD Form No. 43) which was addressed and sent to you on _________________________. However, despite this notification, you failed to attend the said meeting.
In this regard, please be informed that you are given only thirty (30) days from receipt of this letter to sign and swear to the said APFU. Your failure to sign the APFU within thirty (30) days shall constitute a waiver of rights to become an ARB under CARP pursuant to DAR Administrative Order No. _____, Series of 2009 titled, "Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands under Republic Act (R.A.) No. 6657, as Amended by R.A. 9700" and shall result in our having to identify another ARB as your replacement.
Please report at the soonest to the DAR Municipal Office (DARMO) at _____________________________ before the lapse of thirty (30) days from receipt of this letter.
Thank you.
Very truly yours,
________________________________Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 45
Republic of the Philippines
LETTER TO PRESENT ARB RE: WAIVER OF RIGHTS AS AN ARB FOR FAILURE TO SIGN APFU
______________
Date
__________________________
__________________________
__________________________
Dear Sir/Madam:
This has reference to the meeting conducted today ______________________ (date) at _______________________________________ pertaining to the signing of Application to Purchase and Farmer's Undertaking (APFU) by the qualified agrarian reform beneficiaries (ARBs) in the master list of ARBs on the landholding covered under the Comprehensive Agrarian Reform Program (CARP), owned by __________________________________________, embraced by OCT/TCT/TD No. _____________ and Approved Survey No. ________________ with a total area of _____________ (has.) and located at _____________________________________ and swearing to the APFU before a judge.
In the said meeting, the following matters were discussed and emphasized for your guidance:
a. importance, necessity, and significance of accomplishing and signing the APFU to the ARB and in the acquisition and distribution of lands covered by CARP;
b. contents of the APFU, i.e., willingness to work on the land to make it productive, obligation to pay amortization and real property tax; and
c. the requirement to sign the APFU as an ARB and be sworn to under oath before a city or municipal judge
Despite the above explanations, you desisted from signing the APFU.
In this regard, please be informed that you are given only thirty (30) days from receipt of this letter to sign and swear to the said APFU. Your failure to sign the APFU within thirty (30) days shall constitute a waiver of rights to become an ARB under CARP pursuant to DAR Administrative Order No. _____, Series of 2009 titled, "Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands under Republic Act (R.A.) No. 6657, as Amended by R.A. 9700" and shall result in our having to identify another ARB as your replacement.
Please report at the soonest to the DAR Municipal Office (DARMO) at _______________________________________ before the lapse of thirty (30) days on ____________________, 20____.
Thank you.
Very truly yours,
__________________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 46
Republic of the Philippines
REPORT ON THE ARB/s' FAILURE OR REFUSAL TO SIGN APFU
______________
Date
| FOR | : | THE CHAIRMAN |
| Beneficiary Screening Committee (BSC) | ||
| THRU | : | THE PROVINCIAL AGRARIAN REFORM OFFICER |
| DAR Provincial Agrarian Reform Office | ||
| FROM | : | THE MUNICIPAL AGRARIAN REFORM OFFICER |
Pursuant to the provisions of DAR Administrative Order No. ____, Series of 2009 titled, "Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands Under Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700", may we submit a report on the failure/refusal of qualified agrarian reform beneficiaries (ARBs) included in the master list to sign the Application to Purchase and Farmer's Undertaking (APFU).
The concerned ARB/s had been notified by this office to attend a meeting to discuss the importance of the signing of the APFU and the subsequent swearing-in before a municipal or city judge. Likewise, they were informed that they had thirty (30) days from receipt of the letter/notice to report to this office and sign the APFU, and the consequences of their inaction on the matter. However, despite the said notification, the ARB/s still failed/refused to sign the APFU within the thirty (30) day prescribed period.
Hereunder is/are the name/s of qualified ARBs in the master list of ARBs who failed to sign the APFU and for whom the BSC will have to identify and select other qualified ARB/s as replacement/s of the said ARB/s:
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Name/s of ARB/s
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Address
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Remarks 1
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(Use additional sheet if necessary)
For reference, hereto attached are the following documents:
1. Letter to ARB Regarding the Schedule of the APFU Signing (CARP-LAD Form No. 43);
2. Notice to Absent ARB Re: Waiver of Rights as an ARB for Failure to Sign the APFU (CARP-LAD Form No. 44);
3. Letter to Present ARB Re: Waiver of Rights as an ARB for Failure to Sign the APFU; (CARP-LAD Form No. 45); and
4. Others (please specify) _____________________________________
For the BSC Chairman's appropriate action.
______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 47
LAND DISTRIBUTION AND INFORMATION SCHEDULE
INSTRUCTIONS IN FILLING-UPCARP-LAD FORM NO. 47)
General Instructions
1) The Department of Agrarian Reform (DAR) and the Land Bank of the Philippines (LBP) shall be responsible for accomplishing the Land Distribution and Information Schedule (LDIS) CARP-LAD Form No. 47. This form was designed to provide information for the computation of the land amortization that the Agrarian Reform Beneficiary (ARB) should pay to the government through LBP.
2) The LDIS (CARP Form No. 47) is specifically for registered CLOA-titles that cover landholdings acquired and distributed by DAR and paid by LBP. In accomplishing this form the following shall be noted:
a) The Mother CLOA-title Information portion of the form should not be accomplished if only one CLOA-title will be distributed for the acquired landholding, i.e., the whole acquired land is distributed to only one ARB, or if several CLOA-titles are issued directly to the ARBs of an acquired landholding.
However, if the property was previously covered by a Mother CLOA-title that has been cancelled and replaced by individual CLOA-titles issued to the ARBs, the Mother CLOA-title Information portion of the form should be filled-up.
b) This form has two main sections that are divided by a vertical line. The DAR Provincial Office (DARPO) personnel shall fill-out the information at the left side of the vertical line which includes columns 1 to 11 of the table. Likewise, the DARPO shall fill-up the information above and at the left side below the table. The LBP-LVO personnel shall accomplish all information at the right side of the vertical line which includes columns 12 to 18 of the table and the information at the right side below the table.
b) * Accomplish one form for each property covered by one (1) OCT/TCT or TD (if untitled) that has been acquired and distributed by DAR and paid by LBP.
c) Accomplish four (4) copies of CARP-LAD Form No 47. These copies will be distributed as follows:
Copy No. 1 for the DAR Provincial Office (partially filled-out form)
Copy No. 2 for the LBP-LVO
Copy No. 3 for the LBP Head Office
Copy No. 4 for the DAR Provincial Office (completely filled-out form)
d) Undertake the following procedures in the submission of the forms:
d.1 After receipt of the certified true copy of the registered CLOA-titles from the Land Bank of the Philippines, the DARPO shall accomplish four (4) copies of CARP-LAD Form No. 47.
d.2 The DARPO shall submit Copy Nos. 2 to 4 of the accomplished form to LBP-LVO. Copy No. 1 shall be used as initial control/file copy of the DARPO.
d.3 The LBP-LVO shall accomplish the remaining portion of Copy Nos. 2 to 4 of the form. Thereafter, LBP-LVO shall submit Copy No. 3 to LBP Head Office and Copy No. 4 to DARPO.
d.4 The DARPO shall then provide a photocopy of the completely accomplished Copy No. 4 of the form to DARPO for information, file, and reference.
3) The DAR shall submit the following documents to LBP-LVO, in cases where the following conditions exist:
| Condition... | What to submit... | |
| a) | If a replacement CLOA title is issued | Copy of Order, re: Transfer |
| to a new ARB-awardee due to the | Action | |
| cancellation of a CLOA title. | ||
| b) | If a single CLOA title is issued to a | Copy of registered CLOA |
| cooperative, to a registered farmer's | and date of occupancy. | |
| association, or to a group of farmers | Additional requirement in | |
| who agree that property will not be | the case of farmer group: | |
| subdivided among them. | Certification signed by all | |
| ARB members that the | ||
| property will not be | ||
| subdivided and that they | ||
| shall be liable jointly and | ||
| severally for the land | ||
| amortization due. |
Specific Instructions
A. To be filled-out by DAR Personnel
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Data Element
|
Description
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||
| 1. | Original Property Information | ||
| Name of Landowner | Refers to the owner of the land as reflected | ||
| in the title (for titled properties) or tax | |||
| declaration (for Untitled properties). | |||
| In case of individual ownership, reflect | |||
| the complete name of the landowner. Use | |||
| the format (last name, first name, and middle | |||
| name or initials). | |||
| In case of corporate ownership, reflect the | |||
| complete name of the company or | |||
| corporation. Please do not abbreviate. | |||
| Title No. | The number assigned by Register of Deeds | ||
| (ROD) to the title covering the original | |||
| property. | |||
| Tax Declaration | The tax declaration number assigned to the | ||
| property by the Municipal Assessor's Office. | |||
| Lot No. | The lot number assigned to the property by | ||
| DENR. | |||
| Survey No. | The survey number assigned to the property | ||
| by DENR. | |||
| Location of Property | Write the address where the property is | ||
| located. Use the format (Barangay, Municipality, | |||
| Province). | |||
| Area per Title/Tax Dec. (Ha.) | The area of the land as reflected in title. If land is | ||
| untitled, reflect the area shown in the tax | |||
| declaration. Express the area in hectares. | |||
| Total Area Acquired (Ha.) | The area of the land acquired by DAR for | ||
| distribution and paid by LDP. Express the area | |||
| in hectares. | |||
| 2. | RP Title No. | The title number assigned when the land was | |
| transferred to the Government of the | |||
| Philippines by the ROD. | |||
| 3. | Date Registered | The date when the RP title registered. Express | |
| the date in the (mm/dd/yy) format. | |||
| 4. | Mother CLOA Information | The data elements under this heading shall | |
| only be accomplished if the CLOA titles | |||
| covered by the report were previously | |||
| covered by a mother CLOA title. | |||
| Title No. | The title number assigned to the mother | ||
| CLOA. | |||
| Date Registered | The date when the mother CLOA was | ||
| registered by the ROD. Express the date in | |||
| the (mm/dd/yyyy) format. | |||
| 5. * | Individual Lots Information | In case the individual lots reflected in the | |
| form are previously covered by a mother | |||
| CLOA title, the total area of all individual | |||
| CLOA titles covering the individual lots | |||
| should tally with the total acquired area | |||
| reflected in the upper portion of the form. | |||
| In case a portion of the land shall be | |||
| commonly owned by the individual CLOA | |||
| holders, a separate collective CLOA shall | |||
| be issued for said portion. The sum of the | |||
| areas covered by the individual CLOA | |||
| titles, and the separate collective CLOA(s) | |||
| should tally with the total acquired area | |||
| reflected in the upper portion of the form. | |||
| Subdivision Survey Number | The survey number of the plan that covers | ||
| the lots that are reflected in the table as a | |||
| result of the subdivision survey. This | |||
| information shall be reflected only once. | |||
| Name of AR Beneficiary | The name of the beneficiary in the format | ||
| (last name, first name, middle name or | |||
| initials). | |||
| In case of "commonly owned" lots, reflect | |||
| commonly owned property. There is no | |||
| need to reflect the name/s of the FBs. | |||
| Name of the Spouse | The name of the husband or wife of the | ||
| beneficiary. Use the format (last name, first | |||
| name, middle name or initials). | |||
| In case of commonly owned lots, there is no | |||
| need to reflect the name/s of spouse of the | |||
| FBs. | |||
| Address of Beneficiary | The location where the beneficiary is | ||
| residing. Use the format (Barangay, | |||
| Municipality, Province). | |||
| In case of commonly lots, there is no need | |||
| to reflect the addresses of the FBs. | |||
| Lot No. | The lot number of the subdivided lot/parcel | ||
| covered by the CLOA title that will be | |||
| distributed to the farmer-beneficiary. | |||
| CLOA Information | |||
| Serial No. | The serial number of the judicial form used | ||
| covering the lot/parcel to be given to the | |||
| farmer-beneficiary. | |||
| Title No. | The title number of the registered individual | ||
| CLOA assigned by the ROD. | |||
| Date Registered | The date when the CLOA was registered | ||
| with ROD. Express the date in | |||
| (mm/dd/yyyy) format. | |||
| Date of Occupancy | The date when the FB has actually occupied | ||
| the lot/parcel that is covered by the CLOA | |||
| title. Express the date in (mm/dd/yyyy) | |||
| format. | |||
| Please note that the date of occupancy | |||
| information shall be gathered for the | |||
| computation of the amortization schedule | |||
| only. If occupancy of the land occurred | |||
| before the date of CLOA registration, then | |||
| the basis for amortization schedule would | |||
| be the date of CLOA registration. If the date | |||
| of occupancy occurred after the date of | |||
| CLOA registration, then the date of | |||
| occupancy would be the basis for the | |||
| amortization schedule. | |||
| Area (Sq.m.) | Refers the area of the lot/parcel covered by | ||
| the registered CLOA. Express the area in | |||
| square meters. | |||
| Land Use | The DAR and LBP shall jointly capture the | ||
| information under land use. These offices | |||
| may use a separate worksheet before | |||
| finalizing the data to be reflected in these | |||
| columns. | |||
| In case of differences, DAR and LBP should | |||
| jointly discuss and agree on the information | |||
| to be reflected. | |||
| Crop | The crop planted to the lot/parcel (covered | ||
| by the CLOA) as reflected in the FIR that | |||
| was used as a basis in the computation of | |||
| land valuation. | |||
| The form has three rows to accommodate | |||
| more than one crop planted to a lot for a | |||
| given period. | |||
| Area (Sq.m.) | Refer the area of the portion of the land | ||
| where the corresponding crop reflected is | |||
| planted. Express the area in square meters. | |||
| The total area under this column should be | |||
| equal to the reflected figure under Total | |||
| Area Acquired (Ha.). | |||
| 6. | Certified Correct (By DAR): | ||
| Print Name and Signature | The printed name of the PARO and his/her | ||
| signature. The person/s who prepared and | |||
| reviewed the report should affix | |||
| his/her/their initials. | |||
| Province | The name of the province that is covered by | ||
| the report. | |||
| Remarks | Any additional information that is necessary | ||
| in preparing the amortization schedule. |
B. To Be Filled-out by LBP Personnel
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Data Element
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|
Description
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| 1. | Reference Claim No. | The number assigned by LBP to the | |
| acquisition claim folder. | |||
| 2. | AGP Per Crop | ||
| Per Hectare | The annual yield/produce of the crop per | ||
| hectare (as established jointly by the DAR | |||
| and LBP) which is reflected in the CPF or | |||
| CVPF. | |||
| Aggregate | The total peso value of the annual | ||
| yield/produce determined by using the | |||
| formula: | |||
| Column 11 x Column 12 x 0.0001. | |||
| 3. | Approved Value Per Crop | ||
| Per hectare | The amount approved for payment for the | ||
| specific crop per hectare. | |||
| Total | The total peso value of the land awarded to | ||
| the beneficiary determined by using the | |||
| formula: | |||
| Column 11 x Column 14 x 0.0001. | |||
| 4. | Improvements | ||
| Type | The description of the improvements such | ||
| as warehouse, farm buildings, processing | |||
| plant, driers, tractors, threshers, hauling | |||
| equipment, etc. | |||
| Appraised Value | The amount/value of the property as | ||
| determined by the LBP. | |||
| ERUL | Estimated remaining useful life (ERUL) of | ||
| the property expressed in years. | |||
| 5. | Certified Correct (By LBP): | ||
| Print Name and Signature | The printed name and signature of the Head | ||
| of the LBP-LVO. The person/s who | |||
| prepared and reviewed the report should | |||
| affix his/her/their initials. | |||
| Region | The region number where the LVO is | ||
| located. | |||
| Remarks | Any additional information that is necessary | ||
| in preparing the amortization schedule. |
CARP-LAD FORM NO. 48
Republic of the Philippines
CHECKLIST OF REQUIRED DOCUMENTS WITH RECOMMENDATION SIGNED JOINTLY BY THE DAR-LBP PRE-PROCESSING UNIT
I. Enclosed Required Documents in the Claim Folder (CF)
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DAR
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LBP
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| [ ] | A. Titled Property |
[ ]
|
| [ ] | Preliminary Information on Landholdings Validated and Projected and Subject of |
[ ]
|
| Joint Field Investigation (CARP-LAD Form No. 1) |
|
|
| [ ] | Duly Notarized Landowner's Letter Offer (CARP-LAD Form No. 15) |
[ ]
|
| [ ] | Acceptance Letter of VOS (CARP-LAD Form No. 17) |
[ ]
|
| [ ] | ROD certified copy of OCT/TCT No. ________ |
[ ]
|
| [ ] | Photocopy of ODC, if available |
[ ]
|
| [ ] | Assessor's Certified copy of Tax Declaration in the name of the registered owner |
[ ]
|
| [ ] | Copy of Approved Survey Plan or certified by DENR-LMS |
[ ]
|
| [ ] | Duly accomplished and signed Landowner Information Sheet (LOIS) {CARP-LAD |
[ ]
|
| Form No. 16} |
|
|
| [ ] | CF Documentation Memorandum (CARP-LAD Form No. 2) |
[ ]
|
| [ ] | Certification of Posting Compliance for NOC or Letter Offer and Acceptance |
[ ]
|
| Letter (CARP-LAD Form No. 7) |
|
|
| [ ] | LO's BIR filed Audited Financial Statement supported by accounting records or |
[ ]
|
| MARO's Certification on LO's Failure to Submit BIR-filed Audited Financial |
|
|
| Statement (CARP-LAD Form No. 19) |
|
|
| [ ] | Notice of Coverage (CARP-LAD Form No. 3) and, if applicable, Directive to |
[ ]
|
| MARO to Proceed with the Coverage of Agricultural Lands with NOCs (CARP- |
|
|
| LAD Form No. 4) |
|
|
| [ ] | Copy of Notice to Conduct Field Investigation for LBP, BARC, potential ARB's |
[ ]
|
| DENR, LGU-MAO (CARP-LAD Form No. 21) |
|
|
| [ ] | Copy of Invitation Letter to the LO on the Conduct of Field Investigation (CARP- |
[ ]
|
| LAD Form No. 22) |
|
|
| [ ] | Field Investigation Report (CARP-LAD Form No. 23) |
[ ]
|
| [ ] | Approved segregation plan |
[ ]
|
| [ ] | Approved subdivision survey plan |
[ ]
|
| [ ] | Land Use Map |
[ ]
|
| [ ] | Application to Purchase and Farmer's Undertaking (APFU) {CARP-LAD Form |
[ ]
|
| No. 42} |
|
|
| [ ] | Land Distribution Information Schedule (CARP-LAD Form No. 47) |
[ ]
|
| [ ] | LGU-MAO Certification re: land is economically feasible and sound to divide or |
[ ]
|
| suitability of the subject landholding to agriculture, if necessary |
|
|
| [ ] | DENR Certification re: slope of the land covered under CARP, if necessary |
[ ]
|
| [ ] | Others: ________________________________________________________ |
[ ]
|
| ______________________________________________________________ |
|
|
| ______________________________________________________________ |
|
|
| [ ] | B. Untitled Property |
[ ]
|
| [ ] | Preliminary Information on Landholdings Validated and Projected and Subject of |
[ ]
|
| Joint Field Investigation (CARP-LAD Form No. 1) |
|
|
| [ ] | Duly Notarized Landowner's Letter Offer (CARP-LAD Form No. 15) |
[ ]
|
| [ ] | Certification of DENR-CENRO or Regional Technical Director, Land Management |
[ ]
|
| Service that the tract of land covered by the survey within an area classified as |
|
|
| alienable and disposable pursuant to DAR-DENR-LBP Joint M.C. No. 12 Series of |
|
|
| 1994 as reconciled with R.A. No. 7196 |
|
|
| [ ] | Assessor's Certified copy of latest Tax Declaration from the Assessor's file in the |
[ ]
|
| name of the claimant with verified correct Lot Nos. and area per Approved Survey |
|
|
| Plan |
|
|
| [ ] | Certified copy of Approved Survey Plan or Cadastral Map and Geographical |
[ ]
|
| Position and Plane Coordination of Points duly certified by the Chief Survey Division |
|
|
| of DENR |
|
|
| [ ] | Instruments of acquisition covering the subject property, such as Deeds of Sale, |
[ ]
|
| donation, transfer, etc. in favor of claimant and those of predecessors in interest |
|
|
| [ ] | Certification of the Assessor concerned showing the Tax Declaration issued the |
[ ]
|
| declarant/s, the area covered and the basis for the issuances and cancellations |
|
|
| thereof up to the Tax Declaration issued in the name of the claimant as well as any |
|
|
| existing liens on the current and previous Tax Declaration, where applicable |
|
|
| [ ] | Certification from the Clerk of Court concerned whether or not the property/ies |
[ ]
|
| identified in the Approved Survey Plan is/are covered by land registration proceedings |
|
|
| or any civil case, and if the same has been used as a bond in other court actions. |
|
|
| [ ] | Certification from the Assessor's office concerned that per their records, the |
[ ]
|
| property/ies as appearing in the Approved Survey Plan is/are free from all liens and |
|
|
| encumbrances |
|
|
| [ ] | LRA certification that the property is not within any decreed or titled property |
[ ]
|
| [ ] | Duly accomplished and signed Landowner Information Sheet (LOIS) {CARP-LAD |
[ ]
|
| Form No. 16} |
|
|
| [ ] | Acceptance Letter of VOS (CARP-LAD Form No. 17) |
[ ]
|
| [ ] | CF Documentation Memorandum (CARP-LAD Form No. 2) |
[ ]
|
| [ ] | Certification of Posting Compliance for NOC or Letter Offer and Acceptance |
[ ]
|
| Letter (CARP-LAD Form No. 7) |
|
|
| [ ] | LO's BIR filed Audited Financial Statement supported by accounting records or |
[ ]
|
| MARO's Certification on LO's Failure to Submit BIR-filed Audited Financial |
|
|
| Statement (CARP-LAD Form No. 19) |
|
|
| [ ] | Notice of Coverage (CARP-LAD Form No. 3) and, if applicable, Directive to |
[ ]
|
| MARO to Proceed with the Coverage of Agricultural Lands with NOCs (CARP- |
|
|
| LAD Form No. 4) |
|
|
| [ ] | Copy of Notice to Conduct Field Investigation for LBP, BARC, Potential ARBs, |
[ ]
|
| DENR, LGU-MAO (CARP-LAD Form No. 21) |
|
|
| [ ] | Copy of Invitation Letter to the LO on the Conduct of FI (CARP-LAD Form No. 22) |
[ ]
|
| [ ] | Field Investigation Report (CARP-LAD Form No. 23) |
[ ]
|
| [ ] | Approved segregation plan |
[ ]
|
| [ ] | Approved subdivision survey plan |
[ ]
|
| [ ] | Land use map |
[ ]
|
| [ ] | Application to Purchase and Farmer's Undertaking (APFU) (CARP-LAD Form |
[ ]
|
| No. 42) |
|
|
| [ ] | Land Distribution Information Schedule (LDIS) (CARP-LAD Form No. 47) |
[ ]
|
| [ ] | LGU-MAO Certification re: land is economically feasible and sound to divide or |
[ ]
|
| suitability of the subject landholding to agriculture, if necessary |
|
|
| [ ] | DENR Certification re: slope of the land covered under CARP, if necessary |
[ ]
|
| [ ] | Others: _______________________________________________________ |
[ ]
|
| _____________________________________________________________ |
|
|
| _____________________________________________________________ |
II. Recommendation
The claim folder of _____________________________________________ embraced by OCT/TCT/TD No. ________ Lot No. ______ and Approved Survey No. ______________ with an area of __________ (has.) more or less, and located at ___________________________________________________ has been reviewed/evaluated and found the same to contain sufficient and valid supporting documents pursuant to Republic Act (R.A.) No. 6657, as amended, Administrative Order (A.O.) No. _______ Series of _______ and other implementing rules and regulations. The Claim Folder is hereby recommended for transmittal to LBP-Agrarian Operations Center (AOC)/LBP Head Office for valuation and payment of just compensation to the concerned landowner.
|
________________________
|
________________________
|
|
DARPO Representative
|
LBP Representative
|
|
________________________
|
________________________
|
|
Date
|
Date
|
CARP-LAD FORM NO. 49
Republic of the Philippines
MEMORANDUM REQUEST TO VALUE LAND
______________
Date
MEMORANDUM
| FOR | : | The President and CEO |
| Land Bank of the Philippines | ||
| Malate, Manila | ||
| THRU | : | The Agrarian Operations Center (AOC) Head |
| LBP-AOC Region _______ | ||
| FROM | : | The Provincial Agrarian Reform Officer |
| SUBJECT | : | Request for the Valuation of Agricultural Land in the Name of |
| ____________________________________________________ | ||
| ____________________________________________________ |
We are forwarding herewith the claim folder of ______________________________, together with the supporting documents {see attached checklist of required documents (CARP-LAD Form No. 48)} pertinent to the agricultural land of the abovenamed landowner which has been considered for acquisition under [ ] Voluntary Offer to Sell (VOS) [ ] Compulsory Acquisition (CA) and distribution to qualified agrarian reform beneficiaries (ARBs) under the Comprehensive Agrarian Reform Program (CARP). The said landholding is described as follows:
| OCT/TCT/TD No. | : | ______________________________ |
| Lot No. | : | ______________________________ |
| Approved Survey No. | : | ______________________________ |
| Area Acquired (has.) | : | ______________________________ |
| Location of Property | : | ______________________________ |
| ______________________________ |
It is requested that the Land Bank of the Philippines (LBP) shall:
1. Determine the value of the land and improvements/facilities thereon based on existing guidelines; and
2. Notify the undersigned of the value of the land through Memorandum of Valuation (CARP-LAD Form No. 50) together with the Land Valuation Worksheet.
_____________________________
Provincial Agrarian Reform Officer
WE ACKNOWLEDGE RECEIPT OF THE ABOVE CLAIM FOLDER FOR VALUATION TOGETHER WITH THE CORRESPONDING DOCUMENTS PER ATTACHED CARP-LAD FORM NO. 49).
_______________ _________________________
Date LBP Representative
CARP-LAD FORM NO. 50
Republic of the Philippines
MEMORANDUM OF VALUATION
MEMORANDUM
| FOR | : | The Secretary |
| Department of Agrarian Reform | ||
| Elliptical Road, Diliman, Quezon City | ||
| THRU | : | ________________________________ |
| The Provincial Agrarian Reform Officer | ||
| SUBJECT | : | Memorandum of Valuation and Land Valuation Worksheet of Agricultural Land |
| Name of Landowner/Claimant | : | ______________________ |
| Owner's Postal Address | : | ______________________ |
| ______________________ | ||
| OCT/TCT/TD No. | : | ______________________ |
| Lot No. | : | ______________________ |
| Approved Survey No. | : | ______________________ |
| Area per OCT/TCT/TD No. (has.) | : | ______________________ |
| Location of Property | : | ______________________ |
| ______________________ |
With regard to your Memorandum Request for Valuation of the abovenamed property, we are pleased to inform you that after taking into consideration the land valuation factors under the existing guidelines and the applicable provisions of Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, we have determined the value of the land covering an area of _____________ has., including the improvements thereon, to be in the total amount of Pesos __________________________ (Php _______), details of which are indicated in the attached Land Valuation Worksheet (LVW) and Checklist of Required Documents with recommendation signed jointly by DAR and LBP Pre-Processing Unit (CARP-LAD Form No. 48).
For your information and appropriate action.
__________________________ _______________
LBP Authorized Representative Date
CARP-LAD FORM NO. 51
Republic of the Philippines
NOTICE OF LAND VALUATION AND ACQUISITION
_______________
Date
_______________________
Sir/Madam:
This refers to your agricultural land covered by the Comprehensive Agrarian Reform Program (CARP) pursuant to Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, particularly described as follows:
| OCT/TCT/TD No. | : | ______________________________ |
| Lot No. | : | ______________________________ |
| Approved Survey No. | : | ______________________________ |
| Area per OCT/TCT/TD No. (has.) | : | ______________________________ |
| Location | : | ______________________________ |
Please be informed that out of the total area indicated in the aforesaid title or Tax Declaration, an area of __________ hectares is subject to immediate acquisition and distribution to qualified agrarian reform beneficiaries (ARBs) under [ ] Voluntary Offer to Sell/[ ] Compulsory Acquisition.
On the basis of the value determined by the Land Bank of the Philippines (LBP) per attached Memorandum of Valuation (MOV) and Land Valuation Worksheet (LVW), the compensation for your landholding amounts to a total of Pesos ______________________________________ (Php ________________), covering _________ hectares, including improvements thereon, if any.
We have already requested the LBP to deposit in your name the said amount, in cash and bonds. The release of payments shall be effected or may be withdrawn upon your submission of all documents required by LBP on the release of claims.
Please accomplish the attached CARP-LAD Form No. 52 (Landowner's Reply to NLVA) within thirty (30) days upon receipt of this Notice and return it to the DAR Provincial Office.
In case you reject the compensation offered for your property or fail to reply to this notice within thirty (30) days from receipt thereof, we shall advise the Department of Agrarian Reform Adjudication Board (DARAB) to conduct summary administrative proceedings on the matter. In the event that you subsequently accept the value as computed by the LBP based on existing valuation guidelines, you should, manifest in writing with respect to such acceptance of the original value, or jointly with LBP manifest in writing with respect to the recomputed value by the LBP, with the DARAB or the regular court.
The DAR shall take immediate possession of the property upon issuance of a Certification of Deposit (COD) by LBP and the concomitant transfer of the title to the landholding in the name of the Republic of the Philippines.
Very truly yours,
_____________________________
Provincial Agrarian Reform Officer
ATTACHMENTS:
____________________________
____________________________
____________________________
CARP-LAD FORM NO. 52
LANDOWNER'S REPLY TO NOTICE OF LAND VALUATION AND ACQUISITION
_______________
Date
___________________________________
THE SECRETARY
THRU: ______________________________________Provincial Agrarian Reform Officer
Sir/Madam:
This is in reply to your Notice of Land Valuation and Acquisition (CARP-LAD Form No. 51) dated ______________ regarding my/our property covered under R.A. No. 6657, as amended by R.A. No. 9700, particularly described as follows:
| OCT/TCT/TD No. | : | _____________________________ |
| Lot No. | : | _____________________________ |
| Approved Survey No. | : | _____________________________ |
| Area per Title/Tax Dec. (has.) | : | _____________________________ |
| Location of Property | : | _____________________________ |
| _____________________________ | ||
| Value for the Land (Php) | : | _____________________________ |
| Value for the Improvements (Php) | : | _____________________________ |
| Total (Php) | : | _____________________________ |
The area subject to acquisition and distribution is __________ has. and amounts to Php ____________________.
Please be informed that I/we: (pls. check appropriate box)
[ ] Accept the value offered for my/our property.
[ ] Reject the value offered for my/our property due to the following reasons:
______________________________________________________________
______________________________________________________________
Very truly yours,
_________________________________
Signature over Printed Name of Landowner/Authorized Representative
CARP-LAD FORM NO. 53
Republic of the Philippines
ORDER TO DEPOSIT LANDOWNER COMPENSATION
_______________
Date
MEMORANDUM
| FOR | : | The President and CEO |
| Land Bank of the Philippines | ||
| Malate, Manila | ||
| ATTENTION | : | The Head |
| AOC/LBP-HO | ||
| FROM | : | The Provincial Agrarian Reform Officer |
| SUBJECT | : | Order to Deposit Landowner Compensation |
This refers to the landholding of _________________________________________ covering parcel of agricultural land described as follows:
| OCT/TCT/TD No. | : | _____________________________ |
| Lot No. | : | _____________________________ |
| Approved Survey No. | : | _____________________________ |
| Area Acquired (has.) | : | _____________________________ |
| Location of Property | : | _____________________________ |
| _____________________________ |
On the basis of the value determined by Land Bank of the Philippines (LBP) per Memorandum of Valuation (CARP-LAD Form No. 50), together with the Land Valuation Worksheet, the Department of Agrarian Reform (DAR) agrees to the valuation of the subject landholding covering an area of ________ hectares, including improvements thereon in the total amount of Pesos __________________________ (Php _____________).
Please deposit in the name of the landowner the cash and bonds covering the compensation proceeds for his/her landholding, and issue the corresponding Certification of Deposit (CARP-LAD Form No. 54) as our basis in requesting the Registry of Deeds (ROD) to effect the transfer of said property in favor of the Republic of the Philippines (RP) pursuant to R.A. No. 6657, as amended, and other pertinent rules and regulations.
We are attaching herewith the Application to Purchase and Farmer's Undertaking {APFU} (CARP-LAD Form No. 42) duly signed by the concerned agrarian reform beneficiaries (ARBs) and sworn to before a judge of city/municipal court.
_____________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 54
Republic of the Philippines
CERTIFICATION OF DEPOSIT
MEMORANDUM
| FOR | : | The Secretary |
| Department of Agrarian Reform | ||
| THRU | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| FROM | : | The Head |
| LBP HO/AOC Region _____ | ||
| SUBJECT | : | Certification of Deposit |
| Claim No. ____________ |
This is to certify that the Land Bank of the Philippines (LBP) has deposited on ________________ (date) the total amount of Pesos __________________________ broken down as follows: ATaDHC
| Cash | : | Php ___________ |
| Bonds | : | Php ___________ |
as payment for the compensation of the landholding/s described as follows:
| Landowner/Claimant | : | _______________________________ |
| OCT/TCT/TD No. | : | _______________________________ |
| Lot No. | : | _______________________________ |
| Approved Survey No. | : | _______________________________ |
| Area per OCT/TCT/TD No. (has.) | : | _______________________________ |
| Area Acquired | : | _______________________________ |
| Location | : | _______________________________ |
pursuant to [ ] P.D. No. 27. [ ] E.O. No. 228 [ ] E.O. No. 229 [ ] R.A. No. 6657, as amended.
This certification is issued in accordance with Land Registration Authority (LRA) Circular No. 96-06 dated 23 July 1996 and other applicable rules and regulations.
Done this _____ day of __________, 200___ at ____________________.
___________________________
LBP Authorized Representative
CARP-LAD FORM NO. 55
Republic of the Philippines
TRANSMITTAL OF LO'S REPLY TO NOTICE OF LAND VALUATION AND ACQUISITION
_______________
Date
MEMORANDUM
| FOR | : | The President and CEO |
| Land Bank of the Philippines | ||
| Malate, Manila | ||
| ATTENTION | : | The Head |
| AOC/LBP-HO | ||
| FROM | : | The Provincial Agrarian Reform Officer |
| SUBJECT | : | Transmittal of LO's Reply to Notice of Land Valuation and Acquisition (NLVA) |
This refers to the claim folder under the name of ___________________________ with address at _______________________________________________________ involving a parcel of agricultural land described as follows: CAHaST
| OCT/TCT/TD No. | : | _______________________________ |
| Lot No. | : | _______________________________ |
| Approved Survey No. | : | _______________________________ |
| Area per OCT/TCT/TD No. (has.) | : | _______________________________ |
| Area Acquired | : | _______________________________ |
| Location of Property | : | _______________________________ |
The landowner has [ ] accepted [ ] rejected the value offered for the subject land including improvements and facilities thereon, if any, as per LBP Memorandum of Valuation and DAR Notice of Land Valuation and Acquisition.
Attached herewith is CARP-LAD Form No. 52 signed by the landowner and/or his duly authorized representative for your information and appropriate action pursuant to existing guidelines on the matter.
______________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 56
Republic of the Philippines
REQUEST ISSUANCE OF TRANSFER CERTIFICATE OF TITLE (TCT)/ORIGINAL CERTIFICATE OF TITLE (OCT) IN THE NAME OF THE REPUBLIC OF THE PHILIPPINES (RP)
_______________
Date
| FOR | : | _____________________________ |
| Register of Deeds | ||
| FROM | : | _____________________________ |
| Provincial Agrarian Reform Officer | ||
| SUBJECT | : | Request Issuance of Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) in the Name of the Republic of the Philippines (RP) |
This refers to the agricultural land/s of _____________________ which has/have been covered under [ ] Voluntary Offer to Sell (VOS)/[ ] Compulsory Acquisition (CA) pursuant to Republic Act (R.A.) No. 6657, as amended by R.A. No. 7900, with the following information: cEDaTS
| OCT/TCT/TD No. | : | _______________________________ |
| Lot No. | : | _______________________________ |
| Approved Survey No. | : | _______________________________ |
| Area per OCT/TCT/TD No. (has.) | : | _______________________________ |
| Area Acquired | : | _______________________________ |
| Location of Property | : | _______________________________ |
The Land Bank of the Philippines (LBP) has already deposited the compensation proceeds in the name of the herein landowner.
In view thereof and in accordance with pertinent guidelines, we are transmitting herewith a copy of the Certification of Deposit (COD) from LBP and a copy of the segregation and subdivision plans and corresponding technical description/s approved by the Department of Environment and Natural Resources (DENR) on the property which is covered by CARP.
It is therefore requested that the ROD (pls. check appropriate box)
[ ] Cancel the landowner's title covering the said landholding
[ ] Issue the corresponding Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) in the name of the Republic of the Philippines in accordance with Section 16 of R.A. No. 6657, as amended by R.A. No. 7900
[ ] Issue the corresponding title in the name of the landowner/s for the retained area, if applicable
Very truly yours,
______________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 57
Republic of the Philippines
TRANSMITTAL TO LBP OF COPY OF RP TITLE
_______________
Date
MEMORANDUM
| FOR | : | The President and CEO |
| Land Bank of the Philippines | ||
| Malate, Manila | ||
| ATTENTION | : | The Head |
| AOC/LBP-HO | ||
| FROM | : | The Provincial Agrarian Reform Officer |
| SUBJECT | : | Transmittal of Copy of RP Title |
Please be informed that pursuant to Section 16 (e) of R.A. No. 6657, as amended, and the Certification of Deposit (COD), this Office has already caused the transfer in favor of the Republic of the Philippines of the original title of the landholding, particularly described as follows: EHSITc
| Name of LO/Claimant | : | _______________________________ |
| Postal Address | : | _______________________________ |
| _______________________________ | ||
| OCT/TCT/TD No. | : | _______________________________ |
| Lot No. | : | _______________________________ |
| Approved Survey No. | : | _______________________________ |
| Area per OCT/TCT/TD | : | _______________________________ |
| Area Acquired (has.) | : | _______________________________ |
| Location of Property | : | _______________________________ |
| _______________________________ |
Attached herewith is a certified photocopy of the Owner's Duplicate Certificate (ODC) of Title No. ___________________, issued in the name of Republic of the Philippines on _______________________ (date) by the Registry of Deeds (ROD) of _____________________________.
______________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 58
Republic of the Philippines
ADVICE TO PARAD/RARAD TO CONDUCT SUMMARY ADMINISTRATIVE PROCEEDINGS
_______________
Date
MEMORANDUM
| FOR | : | The | ________________________________ |
| ________________________________ | |||
| ________________________________ | |||
| FROM | : | ____________________________ | |
| Provincial Agrarian Reform Officer | |||
| SUBJECT | : | Conduct of Summary Administrative Proceedings |
This pertains to the claim of __________________________________ involving the landholding/s described as follows: SAHIaD
| OCT/TCT/TD No. | : | _______________________________ |
| Lot No. | : | _______________________________ |
| Approved Survey No. | : | _______________________________ |
| Area per OCT/TCT/TD | : | _______________________________ |
| Area Acquired (has.) | : | _______________________________ |
| Location of Property | : | _______________________________ |
| _______________________________ | ||
| _______________________________ |
In view of the landowner's: (Pls. check appropriate box)
[ ] rejection of the value offered for his land;
[ ] failure to reply on the Notice of Land Valuation and Acquisition (CARP-LAD Form No. 51) within the thirty (30)-day prescribed period.
please conduct the necessary summary administrative proceedings relative to the valuation of the subject landholding pursuant to pertinent rules and regulations on the matter.
Attached for your reference are the following:
1. LO's Rejection Letter or proof of service (if LO failed to reply to NLVA);
2. Notice of Land Valuation and Acquisition (CARP-LAD Form No. 51);
3. Memorandum of Valuation (CARP-LAD Form No. 50); and
4. Land Valuation Worksheet.
For the Adjudicator's appropriate action.
______________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 59
Republic of the Philippines
_______________
Date
MEMORANDUM
| TO | : | _____________________________ |
| Municipal Agrarian Reform Officer | ||
| Municipality of ____________________ | ||
| FROM | : | _____________________________ |
| Provincial Agrarian Reform Officer | ||
| Province of _______________________ | ||
| SUBJECT | : | Directive to Take Actual and Physical Possession of the Landholding Acquired under CARP Pursuant to R.A. 6657, as Amended, and Proceed with its Distribution to Qualified Beneficiaries |
This has reference to the agricultural landholding of _________________________ _________________________ which was covered under Voluntary Offer to Sell (VOS)/Compulsory Acquisition (CA) pursuant to Republic Act (R.A.) No. 6657, as amended, and described as follows:
| OCT/TCT/TD No. | _______________________________ |
| Lot No. | _______________________________ |
| Approved Survey No. | _______________________________ |
| Area/Title/TD (has.) | _______________________________ |
| Area Acquired (has.) | _______________________________ |
| Location: | _______________________________ |
| Barangay | _______________________________ |
| Municipality | _______________________________ |
| Province | _______________________________ |
Pursuant to Section 16 (e) of R.A. No. 6657, as amended, and the Certification of Deposit (COD) issued by the Land Bank of the Philippines (LBP) on ____________________ in the name of ________________________ (name of landowner), you are hereby directed to take actual and physical possession of the said landholding within five (5) days from receipt of this Memorandum and to proceed with the preparation of the Land Distribution Folder (LDF) of the subject landholding in preparation for the distribution of the awarded land to qualified beneficiary/ies in the Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33-A or CARP-LAD Form No. 41). ScTaEA
In view of the foregoing, you are also directed to determine the existence of any unharvested standing crops in the subject land/s in accordance with the existing guidelines on standing crops.
Attached herewith are copies of the following documents for your reference:
[ ] Certified Owner's Duplicate Copy of the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) in the name of the Republic of the Philippines
[ ] Certified copy of Deed of Transfer (DOT)
[ ] Certified copy of Certification of Deposit (COD) issued by the LBP
For immediate compliance.
______________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 60
Republic of the Philippines
LETTER TO QUALIFIED AGRARIAN REFORM BENEFICIARY (ARB) ALLOCATING AREA OF AWARD
_______________
Date
________________________
________________________
________________________
Dear __________________:
The Department of Agrarian Reform (DAR) is pleased to inform you that the acquisition of the landholding of __________________________________ has been completed and we shall commence the preparations for the distribution of the said landholding to the qualified beneficiaries.
Being one of the agrarian reform beneficiaries who were identified and who qualified and signed the Application to Purchase and Farmer's Undertaking (APFU), please be informed that your responsibilities to make the land productive shall commence as soon as you receive your CLOA-Title and your actual and physical occupation of the land. You will start paying your amortization on your awarded land which covers the area described as follows: THESAD
| TCT/OCT/TD No. | : | ___________________ |
| Lot No. | : | ___________________ |
| Approved Survey No. | : | ___________________ |
| Location | : | ___________________ |
one year after you receive your CLOA-Title and your actual and physical possession of the land.
Should you have any concerns or questions, please proceed to the Department of Agrarian Reform Municipal Office (DARMO) located at ______________________ _____________________________.
Thank you.
Very y truly Yours,
______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 61
Republic of the Philippines
LAND DISTRIBUTION FOLDER (LDF) TRANSMITTAL
_______________
Date
MEMORANDUM
| FOR | : | _____________________________ |
| Provincial Agrarian Reform Officer | ||
| ATTENTION | : | ____________________________________ |
| Chief Agrarian Reform Officer for Operation | ||
| FROM | : | ____________________________ |
| Municipal Agrarian Reform Officer | ||
| SUBJECT | : | LDF Transmittal for Generation and Issuance of Corresponding EP/CLOA |
May we transmit the Land Distribution Folder (LDF) of the following landholdings covered under Voluntary Offer to Sell (VOS)/Compulsory Acquisition (CA) pursuant to Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, for the generation and issuance of Certificate of Land Ownership Award (CLOA) to the corresponding agrarian reform beneficiaries (ARBs) per attached master list of ARBs:
|
Name of Former Landowner
|
RP Title
|
Location of Property
|
|
|
(TCT/OCT) No.
|
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
|
_________________________
|
_______________
|
________________________
|
(Use additional sheet, if necessary)
The LDF includes the following documents:
1. Master list of ARBs of the subject landholding certified by the Barangay Agrarian Reform Council (BARC) and attested to by the landowner or passed upon by the Provincial Agrarian Reform Officer (PARO) in so far as the tenants, lessees and regular farmworkers are concerned;
2. Application to Purchase and Farmer's Undertaking (APFU);
3. Duly received copy of letters to qualified ARBs allocating area of award; EcHaAC
4. DENR-LMS Approved Survey Plan; and
5. Copy of the TCT/OCT in the name of the Republic of the Philippines.
For the PARO's appropriate action.
|
______________________________
|
__________________
|
|
Municipal Agrarian Reform Officer
|
Date
|
CARP-LAD FORM NO. 62
Republic of the Philippines
TRANSMITTAL OF SIGNED AND SEALED CLOA FOR REGISTRATION WITH ROD
_______________
Date
MEMORANDUM
| TO | : | _____________________________ |
| Provincial Agrarian Reform Officer | ||
| Province of ____________________ | ||
| FROM | : | _____________________________ |
| Regional Director | ||
| SUBJECT | : | Registration of Signed and Sealed Certificates of Land Ownership Award |
This is to transmit the following signed and sealed Certificates of Land Ownership Award (CLOAs) for registration with the Registry of Deeds (ROD) per attached Signing and Sealing Machine Utilization Recording and Reporting Sheet (CARP-LAD Annex D):
|
Name of Agrarian
|
Lot No.
|
Serial
|
Area
|
Location of
|
Date of
|
|
Reform Beneficiary
|
|
No.
|
(sq.m.)
|
Property
|
Signing and
|
|
(ARB)
|
|
|
|
|
Sealing of
|
|
|
|
|
|
|
CLOA
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
|
__________________
|
_______
|
_______
|
_______
|
____________
|
____________
|
(Use additional sheet, if necessary)
For the PARO's appropriate action.
____________________________
Regional Director
CARP-LAD FORM NO. 63
MONTHLY REPORT OF CLOA DISTRIBUTED TO AGRARIAN REFORM BENEFICIARIES (ARBS)
CARP-LAD FORM NO. 64
Republic of the Philippines
INVITATION TO THE ARB INSTALLATION PLANNING CONFERENCE/MEETING
_______________
Date
Mr./Ms. ______________________
Dear Mr./Ms. ______________________:
The landholding previously owned by _____________________________________, embraced by Title/Tax Declaration No./s _______________________ and located at ____________________________________________________________________ has been covered under the Comprehensive Agrarian Reform Program (CARP) and has been distributed to the qualified agrarian reform beneficiaries (ARBs) therein who have been issued Certificate of Land Ownership Award (CLOA)-Titles. ECTSDa
Relative to this, may we invite you to a planning conference/meeting to discuss the action to be taken towards the peaceful installation of the concerned ARBs. The planning conference/meeting is scheduled on _______________________ (date and time) at the _____________________________________________ (venue).
Thank you for your continued support to the DAR in the implementation of the Comprehensive Agrarian Reform Program (CARP).
Very truly yours,
______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 65
Republic of the Philippines
INVITATION TO THE ARB INSTALLATION PLANNING CONFERENCE/MEETING
_______________
Date
Name of Official/Representative: ________________________
Name of Association/Cooperative: _______________________
Address: ___________________________________________
Dear Sir/Madam __________________:
The landholding previously owned by ____________________________________, embraced by Title/Tax Declaration No./s ______________________ and located at _____________________________________________________________ has been covered under the Comprehensive Agrarian Reform Program (CARP) and has been distributed to the qualified agrarian reform beneficiaries (ARBs) therein who have been issued Certificate of Land Ownership Award (CLOA)-Titles.
Relative to this, may we invite you and the following ARB CLOA Title-holders to a planning conference/meeting to discuss the action to be taken towards the peaceful installation of the concerned ARBs.
|
Name of ARB
|
Address
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
(use additional sheet, if necessary)
The planning conference/meeting is scheduled on _______________________ (date and time) at the _______________________________________________ (venue).
Thank you.
Very truly yours,
______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 66
Republic of the Philippines
REQUEST FOR ASSISTANCE OF THE DILG-PNP/DND-AFP IN THE INSTALLATION PROCEEDINGS
_______________
Date
MEMORANDUM
| FOR | : | ____________________________ |
| Provincial Agrarian Reform Office | ||
| FROM | : | ____________________________ |
| Municipal Agrarian Reform Officer | ||
| SUBJECT | : | Request for DILG-PNP/DND-AFP Assistance in the Installation of ARB CLOA-Title Holders |
Please be informed that the DAR Municipal Office (DARMO) has encountered difficulties and constraints in the physical installation of the agrarian reform beneficiaries (ARBs) in the landholding previously owned by ___________________________________________________ (name of landowner), embraced by OCT/TCT No. _________________________________ and located at ___________________________________________________________, due to ___________________________________________________ (state reason).
In view of the foregoing, may we request the DARPO to coordinate with the DILG-PNP/DND-AFP for assistance in the physical installation of the said ARBs in the subject landholding, on _______________________ (date of ARB installation) at __________________ (time). IaSAHC
Attached is a report on the problems and issues in the physical installation of the agrarian reform beneficiaries.
For the PARO's consideration and appropriate action.
______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 67
Republic of the Philippines
PARO's REQUEST FOR DILG-PNP/DND-AFP ASSISTANCE IN THE INSTALLATION OF ARB CLOA-TITLE HOLDERS
_______________
Date
Dear Lieutenant/Captain/Major/Colonel _____________________:
This has reference to the report of the Department of Agrarian Reform Municipal Office (DARMO) of ______________________, dated ______________, regarding the difficulties and constraints in the physical installation of the ARB CLOA-title holders in the landholding previously owned by ____________________________________________________________ (name of landowner), embraced by OCT/TCT/TD No. ____________________, and located at ___________________________________________________________________.
In this regard, may we request your office to provide assistance to the DARMO of _______________________________ in the installation of ARB CLOA-title holders in the subject landholding which was awarded to them under the Comprehensive Agrarian Reform Program (CARP). The schedule of the physical installation is on _________________________ (date and time of installation) in barangay _______________________________________________, municipality of _______________________________________________.
Attached is a report of the DARMO on the problems and issues in the physical installation of agrarian reform beneficiaries (ARBs).
Thank you for your continued support for the successful implementation of the CARP.
Very truly yours,
_______________________________
Provincial Agrarian Reform Officer
CARP-LAD FORM NO. 68A
Republic of the Philippines
NOTICE TO QUALIFIED AGRARIAN REFORM BENEFICIARY/IES (ARB/s)
_______________
Date
__________________________________________
Dear Mr./Ms. __________________________________:
Please be informed that the following ARB CLOA-Title holders who are members of your agrarian reform cooperative/association will be physically installed in the landholding previously owned by _________________________________ (name of former landowner/s), embraced by OCT/TCT/TD No/s. _______________ and located at ______________________________________________________, on _________________________ (date), at _____________ (time):
|
Name of ARB/s
|
CLOA No.
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
|
_________________________________
|
_________________________________
|
(please use additional sheet if necessary)
As qualified ARBs, they are enjoined to assert and exercise their vested right as owners of the CARP-awarded lands through their cooperation and active participation during the scheduled date of ARB installation on the subject landholding.
Should you have any concerns regarding this matter, please visit the undersigned at the soonest time possible at the Department of Agrarian Reform Municipal Office (DARMO) at _________________________ (address). DSHcTC
Very truly yours,
_______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 68B
Republic of the Philippines
NOTICE TO QUALIFIED AGRARIAN REFORM BENEFICIARY
_______________
Date
__________________________________________
Dear Mr./Ms. _________________________________:
Please be informed that as an ARB CLOA-Title holder, you will be physically installed in the landholding previously owned by __________________________ (name of former landowner/s), embraced by OCT/TCT/TD No/s. ____________ and located at _____________________________, on ________________________ (date) at _________________ (time).
As qualified ARB, you are enjoined to assert and exercise your vested right as owners of the CARP-awarded lands through your cooperation and active participation during the scheduled date of ARB installation on the subject landholding.
Should you have any concerns regarding this matter, please visit the undersigned at the soonest time possible at the Department of Agrarian Reform Municipal Office (DARMO) at __________________________ (address).
Very truly yours,
_______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 69
Republic of the Philippines
REPORT ON THE PHYSICAL INSTALLATION OF AGRARIAN REFORM BENEFICIARIES (ARBs)
_______________
Date
MEMORANDUM
| FOR | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| FROM | : | ____________________________ |
| Municipal Agrarian Reform Officer | ||
| SUBJECT | : | Report on the Physical Installation of Agrarian Reform Beneficiaries (ARBs) |
Relative to the recently concluded physical installation of agrarian reform beneficiaries (ARBs) in the landholding previously owned by ___________________ (name of landowner) embraced by OCT/TCT/TD No. ______________________, and located at ________________________________________________________, hereunder is the report on the installation proceedings:
A. Date of Installation: _______________________________
B. Total Number and Names of ARB Cooperative/Association and/or ARBs Installed: ________________________________ (attach list if necessary)
C. Stakeholders Present/Who Participated in the Installation (i.e., BARC, NGOs/POs, DILG-PNP/DND-AFP, other interest groups, if any):
1. _______________________________________________
2. _______________________________________________
3. _______________________________________________
4. _______________________________________________
5. _______________________________________________
D. Summary of developments during installation of ARBs:
_________________________________________________
E. Other significant information on and recommendations for further action:
_________________________________________________
(Use Separate Sheet if Necessary)
_______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 70
Republic of the Philippines
REPORT OF LO's REFUSAL TO GIVE UP POSSESSION OF LANDHOLDING
_______________
Date
MEMORANDUM
| FOR | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| FROM | : | _____________________________ |
| Municipal Agrarian Reform Officer | ||
| SUBJECT | : | Report on the Refusal of Landowner (LO) to Give Up Possession of Landholding |
Relative to the coverage of the landholding previously owned by ____________________________ (name of landowner), embraced by OCT/TCT/TD No. ________________________ and located at ____________________________, the installation of qualified ARBs in the said landholding has been
[ ] postpone for __________________________________ (date)
[ ] suspended
due to the landowner's (LO's) resistance in vacating the subject landholding. The LO committed the following acts (please check appropriate box):
[ ] continued possession/cultivation/management of the acquired landholding;
[ ] refused entry of qualified ARBs;
[ ] refused entry of DAR Officials, employees and other CARP implementing agencies;
[ ] posted fully-armed security guards at the landholding;
[ ] threatened DAR officials and the ARBs;
[ ] filed an injunction/temporary restraining order (TRO) with the Court;
[ ] Others (pls. specify) _________________________________________ __________________________________________________________ __________________________________________________________
The installation of the qualified ARBs in the said landholding cannot push through due to the above-mentioned reason/s and may pose danger to the lives of the ARBs as well as the DAR employees if we are to proceed under current conditions.
We request for the PARO's assistance and appropriate action on the matter.
_______________________________
Municipal Agrarian Reform Officer
CARP-LAD FORM NO. 71
Republic of the Philippines
REPORT OF HARASSMENT/EJECTION OF INSTALLED AGRARIAN REFORM BENEFICIARY CLOA-TITLE HOLDERS
_______________
Date
MEMORANDUM
| FOR | : | ____________________________ |
| Provincial Agrarian Reform Officer | ||
| FROM | : | _____________________________ |
| Municipal Agrarian Reform Officer | ||
| SUBJECT | : | Report of Harassment/Ejection of Installed, ARB CLOA-Title Holders |
Please be informed that the agrarian reform beneficiaries (ARBs) who were installed on ___________________________ (date of installation) in the landholding previously owned by _________________________________ (name of landowner), embraced by OCT/TCT/TD No. ______________________________ and located at ________________________________________ have reportedly been harassed and ejected by ____________________________________________ (identified parties or representatives) from the said landholding on ______________________ (date of ejection/harassment) under the following detailed circumstances:
____________________________________________________________________
The said incident was reported to ___________________________________ (police/military officer) on _________________________________ (date).
For the PARO's information and appropriate action. DCTSEA
_______________________________
Municipal Agrarian Reform Officer
Footnotes
CARP-LAD ANNEX D
1. Types of Documents: EP, CLOA, Settlement, L.E., Others (specify).
CARP-LAD FORM NO. 16
1. Processing Plant(s) or Factory/Oil Mills, Packing House, Drier(s), Warehouse(s), Administrative Building.
2. Still Operational, Functional, Unutilized or Not Operational.
3. Rubber, Palm Oil, Citrus, Mango, Durian, Other Fruit Trees, etc.
4. Indicate the period of harvest.
5. Narra, Mahogany, G-melina, etc.
6. Indicate whether harvestable, 1st cropping, 2nd cropping, etc.
CARP-LAD FORM NO. 23
1. Section 10 of R.A. No. 6657, as amended, states that all lands with 18% slope and over, except those already developed, shall be exempt from CARP coverage.
2. Lessee, Government, etc.
3. Lessees, Government, etc.
4. Lessees, Government, etc.
5. Indicate if multi-cropping (use additional sheet, if necessary).
6. Indicate if multi-cropping (use additional sheet, if necessary).
CARP-LAD FORM NO. 33
1. Present Status (i.e., tenant, lessee, regular farmworker, seasonal farmworker, other farmworker, actual tillers or occupants of public lands, and others).
2. Position/Designation (i.e., Laborer, Foreman, Supervisor, Kapatas, others, please specify, if applicable).
3. Place of Assignment (i.e., Factory, Packing Plant, Processing Plant, Farm Production, if applicable).
CARP-LAD FORM NO. 33-A
1. Present Status (i.e., tenant, lessee, regular farmworker, seasonal farmworker, other farmworker, actual tillers or occupants of public lands, and others).
2. Position/Designation (i.e., Laborer, Foreman, Supervisor, Kapatas, others, please specify, if applicable).
3. Place of Assignment (i.e., Factory, Packing Plant, Processing Plant, Farm Production, if applicable).
4. Indicate whether ARB is a tenant, lessee or regular farmworker.
CARP-LAD FORM NO. 41
1. Present Status (i.e., tenant, lessee, regular farmworker, seasonal farmworker, other farmworker, actual tillers or occupants of public lands, and others).
2. Position/Designation (i.e., Laborer, Foreman, Supervisor, Kapatas, others, please specify, if applicable).
3. Place of Assignment (i.e., Factory, Packing Plant, Processing Plant, Farm Production, if applicable).
CARP-LAD FORM NO. 42
1. Indicate the classification of the property purchased e.g., farmlot, homelot, improvement.
CARP-LAD FORM NO. 46
1. Indicate if the ARB: (1) failed to attend the meeting or (2) refused to sign the APFU during the meeting.