June 15, 2004
DAR MEMORANDUM CIRCULAR NO. 10-04
TO : DAR Central Office Officials
Regional Directors
Provincial Agrarian Reform Officers
Municipal Agrarian Reform Officers
All Concerned
SUBJECT : Clarificatory Guidelines on Non-Acceptance of Application for Exemption,
Exclusion, Protest, Opposition or Petition for Lifting of CARP Coverage
It has been observed that in spite of the expressed provisions of DAR Administrative Order Nos. 1 and 3, Series of 2003 relating to the issuance of Notice of Coverage (NOC) vis-à-vis the filing of applications for exemption, exclusion, protest, opposition or petition for lifting of CARP coverage (particularly Revised 2003 CARP Form No. 5(a) of DAR Administrative Order No. 1, S. 2003 and Section 13.2 of DAR Administrative Order No. 03, S. 2003), said provisions have, in a number of instances, been misunderstood, and/or, have not been observed or complied with. SACHcD
The aforementioned provisions of said guidelines are hereunder reiterated, quote:
CARP Form No. 5(a)
Revised 2003
"xxx xxx xxx
Whenever applicable, you have the right or privilege to:
1. Apply for an exemption clearance or for exclusion from CARP coverage;
xxx xxx xxx
To exercise any of the above landowner rights/privileges, the necessary application or petition should be filed before the Government incurs any expense necessary for acquisition and distribution of the subject landholding, not later than 60 calendar days from receipt of this Notice of Coverage. . . "
Section 13.2 of DAR Administrative Order No. 03, Series of 2003 (2003 Rules for Agrarian Law Implementation Cases)
"Section 13. Commencement of an action
xxx xxx xxx
Section 13.2 After issuance of notice of coverage — Commencement shall be at the DAR Municipal Office (DARMO). When the applicant/petitioner commences the case at any other DAR office, the receiving office shall transmit the case folder to the DARMO or proper DAR office in accordance with the pertinent order and/or circular governing the subject matter. Only the real-party-in-interest may file a protest/opposition or petition to lift CARP coverage and may only do so within sixty (60) calendar days from receipt of the notice of coverage; a protesting party who receives the notice of coverage by newspaper publication shall file his protest/opposition/petition within sixty (60) calendar days from publication date; failure to file the same within the period shall merit outright dismissal of the case."
Thus, to preclude further misinterpretation, non-observance and/or violation of said provisions, a statement of merit as to compliance on the 60-day period from receipt of notice of coverage should be required and incorporated in the checklist to ensure completeness and compliance to documentary requirements for applications for exemption, exclusion, protest, opposition or petition for lifting from CARP coverage. The following shall be incorporated in the documentary requirements:
1. A Certification signed by the MARO stating that the landholding/s has been covered by a Notice of Coverage indicating the date the NOC was received by the landowner and the expiration of the sixty (60) day period (Annex A);
2. Certified true copies of proof of receipt (registry receipt, return card, if any, and affidavit of publication executed by the publisher, as the case may be).
Only those applications for exemption, exclusion, protests, oppositions or petitions filed within the 60-day period from receipt of notice of coverage and supported by the foregoing documentary requirements shall be accepted. Otherwise, applications and oppositions filed after the 60-day period shall not be acknowledged and received.
Strict and immediate compliance is hereby enjoined.
Diliman, Quezon City, 15 June 2004.
(SGD.) JOSE MARI B. PONCE
OIC-Secretary
Republic of the Philippines
Department of Agrarian Reform
Municipality of _________________
Province of ___________________
CERTIFICATION
__________________
(Date)
TO WHOM THIS MAY CONCERN:
This is to certify that pursuant to RA 6657, the agricultural property of Mr./Ms ________________________ described below:
OCT/TC NO. ___________________
Registered owner: ________________
Area per Title: __________________ (has)
Approximate area covered: ________________ (has)
Location: _________________________________
has been covered by a Notice of Coverage (NOC) issued on _________________________ and received/published on _____________________ as per proof of receipt and/or affidavit of publication hereto attached. TAacCE
The 60-day period to file exemption, exclusion, protect, opposition or petitions for lifting of CARP coverage will expire/has expired on __________________________ (date of the 60th day)
Name and Signature
Municipal Agrarian Reform Officer