Amendment to AO 2, Series of 2009 on the Installation of Agrarian Reform Beneficiaries with Registered CLOA

December 15, 2010

DAR ADMINISTRATIVE ORDER NO. 04-10

SUBJECT    :     Amendment to Administrative Order No. 2, Series of 2009 on the Installation of Agrarian Reform Beneficiaries with Registered Certificate of Land Ownership Award (CLOA)

SECTION 1.            Prefatory Statement. — There has been confusion in the proper interpretation of Administrative Order No. 2, Series of 2009, specifically, Paragraph IV.G.2 thereof, which provides the general rule on installation. There have been instances when agrarian reform beneficiaries (ARBs) were driven out or forcibly ejected from their awarded landholdings due to causes outside their control, such as intimidation, threats, violence, or force from armed elements. However, the abovementioned provision does not specify the exceptions to the general rule. In view of the continuing responsibility on the part of the Department of Agrarian Reform (DAR) to ensure that ARBs with registered Certificates of Land Ownership Award (CLOAs) have full possession and effective control of their awarded landholdings, this clarificatory Order is hereby issued.    IHTASa

SECTION 2.            Continuing Installation. — Administrative Order No. 2, Series of 2009, Paragraph IV.G.2 is accordingly hereby amended to read, as follows:

"G.    INSTALLATION OF AGRARIAN REFORM BENEFICIARIES ON AWARDED LANDS

xxx                    xxx                    xxx

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.

In the event the ARBs are forcibly ejected or driven away from their awarded landholdings due to intimidation, force, threats, violence, or other similar causes, the DAR has the continuing commitment to ensure that the ARBs will regain their effective and peaceful possession thereof. The DAR, in cooperation with the Armed Forces of the Philippines and/or the Philippine National Police, shall under these circumstances ensure that the ARBs are able to fully possess the awarded landholdings.

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.    STHDAc

xxx                    xxx                    xxx"

SECTION 3.            Repealing Clause. — Any Order or circular inconsistent herewith is hereby modified and amended accordingly.

SECTION 4.            Effectivity Clause. — This Administrative Order shall take effect immediately upon signing by the DAR Secretary and shall be published in two (2) newspapers of general circulation.

December 15, 2010. Diliman, Quezon City.

(SGD.) VIRGILIO R. DE LOS REYES
Secretary

Published in The Philippine Daily Inquirer and The Manila Standard Today on December 17, 2010.

ATTACHMENT

Certification

This is to certify that Administrative Order No. 4, Series of 2010 entitled "AMENDMENT TO ADMINISTRATIVE ORDER NO. 2, SERIES OF 2009 ON THE INSTALLATION OF AGRARIAN REFORM BENEFICIARIES WITH REGISTERED CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)" is published today, Friday, 17 December 2010 at Philippine Daily Inquirer and Manila Standard Today newspapers.    AacCHD

Issued this 17th day of December 2010 for whatever purpose it may serve.

(SGD.) HUGO D. YONZON III

Public Affairs Staff Director