September 20, 2006
DAR ADMINISTRATIVE ORDER NO. 08-06
SUBJECT : Guidelines on Standing Crops on Lands Acquired by the Government Pursuant to Sections 16 (e) and 28 of R.A. No. 6657
I. PREFATORY STATEMENT
The Department of Agrarian Reform (DAR) recognizes that the absence of clear guidelines on standing crops has remained a critical concern in completing the process of land acquisition and distribution. Among the issues confronting the DAR are confusion and varying interpretations on what shall be considered standing crops and as to when a particular standing crop is considered harvestable or completely harvested. Thus, the presence of standing crops is one of the prevalent and persisting problems preventing many Agrarian Reform Beneficiaries (ARBs) with awarded and registered CLOA-titles to enjoy the fruits and have peaceful possession of the land awarded to them.
II. LEGAL BASES
Pertinent provisions of R.A. No. 6657 on these matters are as follows:
Section 16. Procedure of Acquisition of Private Lands. — For purposes of acquisition of private lands, the following procedures shall be followed:
xxx xxx xxx
(e) Upon receipt by the landowner of the corresponding payment or, in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP bonds in accordance with this Act, the DAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries.
Section 24. Award to Beneficiaries. — The rights and responsibilities of the beneficiary shall commence from the time the DAR makes an award of the land to him, which award shall be completed within one hundred eighty (180) days from the time the DAR takes actual possession of the land. Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award, which shall contain the restrictions and conditions provided for in this Act, and shall be recorded in the Register of Deeds concerned and annotated on the Certificate of Title. CHIScD
Section 28. Standing Crops at the Time of Acquisition. — The landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of the Act, and shall be given a reasonable time to harvest the same.
III. COVERAGE
This Administrative Order (AO) shall apply to all private agricultural lands covered under Compulsory Acquisition (CA) and Voluntary Offer to Sell (VOS) scheme of the Comprehensive Agrarian Reform Program (CARP) and those covered under E.O. 407.
IV. DEFINITION OF TERMS
1. Standing crop — refers to harvestable agricultural produce or a portion thereof (e.g. fruits, sap, root) normally harvested for such particular crop growing on land at the time the DAR takes possession thereof pursuant to Sec. 16 (e), 24 and 28 of R.A. No. 6657.
In the case of lands planted to sugarcane and such other crops with ratoon, standing crop shall refer to the original crop at the time the DAR takes possession of the land excluding future harvest from ratoons. If what exists at the time of actual possession is already the first or second ratoon crop, the landowner shall be entitled to harvest that particular ratoon crop only.
Provided that crops introduced by the landowner directly or through his/her/its agents, on or after the landowner's receipt of a notice from the DAR that the land has already been effectively acquired by the State, as further provided under Par. V.5 below, regardless of the crops' nature or stage/phase, are deemed to have been introduced in bad faith and shall not be considered as "standing crops" under this Administrative Order.
2. Taking of possession — refers to the explicit act/s of the DAR, through an ocular inspection or any other acts by which the landowner is informed of DAR's taking actual and physical possession of a certain agricultural land acquired under CARP as evidenced by a Certification of Deposit (COD) issued by the Land Bank of the Philippines (LBP) pursuant to Sec. 16 (e) and 24 of R.A. No. 6657. CSTDIE
3. Harvestable — refers to the stage or phase where the crops have reached maturity or have substantial economic value either for consumption or for marketing/trading purposes at the time DAR takes possession of the land.
4. Usufruct — refers to a real right conferred on the beneficiary/usufructuary to enjoy the property of another with the obligation of preserving its form and substance.
V. POLICY STATEMENTS
1. The payment to the landowner as evidenced by the COD signals the completion of the acquisition process over a specific landholding. Upon receipt of the COD, the DAR shall take actual possession of the land and simultaneously request the proper Register of Deeds (ROD) to issue a Transfer Certificate of Title in the name of the Republic of the Philippines and thereafter proceed with the distribution of the same to the qualified Agrarian Reform Beneficiaries (ARBs) pursuant to Section 16 of R.A. No. 6657;
2. The landowner shall retain his/her share of any standing crops unharvested at the time the DAR takes actual possession of the land and shall be given a reasonable time to harvest the same.
3. The presence of standing crops shall not pose as a hindrance to the exercise by the ARBs of their right of possession over the land/s awarded to them through Certificates of Landownership Award (CLOAs) issued pursuant to R.A. No. 6657, regardless of whether or not an Order from the DAR directing the physical possession of the land by the ARBs has been secured. aIcHSC
4. The rights and responsibilities of the ARBs as owners shall commence from the time the land was awarded to them as evidenced by Certificates of Land Ownership Award (CLOAs). As owners thereof, the rights of the ARBs with CLOA-title pertain to the exercise of all acts of dominion including taking possession of the lands covered by their titles. This, shall not in anyway diminish the right conferred on the identified ARBs to the possession and enjoyment of the property under a usufruct arrangement pending receipt of the CLOA-titles.
5. Crops that were introduced from the time of or after the former LO's receipt of the notice/advice that the landholding/s has/have already been effectively acquired by the State (CARP-LA Form No. 27) as evidenced by a COD shall be considered as plantings or sowings done in bad faith by the former landowner. The former LO/agents/assignee loses what is built, planted or sown without right to indemnity. The crops shall automatically redound to the benefit of the CLOA-title holders whether already installed or not. However, the CLOA-title holder may demand for the removal of what has been planted, built or sown at the expense of the planter or sower in bad faith.
Crops which are not yet harvestable and introduced by the former LO prior to the latter's receipt of the above-cited notice/advice are considered plantings or sowings in good faith. Since they are not considered standing crops the right to harvest the same shall already belong to the CLOA-title holders. The planter or sower shall be entitled to reimbursement for the cost of plantings or sowings; the payment thereof shall only be made after the CLOA-title holders had obtained the proceeds from the initial harvest of such plantings/sowings. The CLOA-title holders may, however, choose to make earlier reimbursements.
VI. OPERATING PROCEDURES
1. Within five (5) days from receipt of the Certification of Deposit (COD) issued by the Land Bank of the Philippines (LBP), the Provincial Agrarian Reform Officer (PARO) shall simultaneously:
1.1 request the Register of Deeds (ROD) to issue Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines (RP) for titled properties (CARP-LA Form No. 23);
1.2 instruct the Municipal Agrarian Reform Officer (MARO), of the place where the property is located, to take possession of the property for titled and untitled properties (CARP-LA Form No. 26); and
1.3 advise the LO that the property has, for all intents and purposes, been acquired by the State pursuant to law and that the DAR shall accordingly take actual possession thereof and inform him/her of his/her rights to harvest standing crops, if any, within a reasonable time (CARP-LA Form No. 7). The LO shall likewise be informed that any further improvements, plantings and sowings on the property thereafter are to be deemed as introduced in bad faith.
2. The DARMO shall:
2.1 Within five (5) days from receipt of the PARO's instruction, conduct an ocular inspection of the property or any other acts to take possession of the same and determine the existence of standing crops or unharvestable crops, if any. The taking of possession shall be evidenced by, among others, pictures taken showing the identifiable landmarks of the property and standing crops or unharvestable crops, if any, which shall be integral to the ocular inspection report, specifying the findings, to be submitted to the PARO (CARP-LA Form No. 28). cDHAaT
2.2 In case there are existing standing crops, schedule the conduct of detailed inventory which shall be undertaken within seven (7) days after taking possession of the property, together with the landowner's representative, identified ARBs, and Barangay Agrarian Reform Committee (BARC) representative or Barangay Council representative in the absence of the BARC using CARP-LA Form Nos. 29, 30 and 31).
The inventory shall determine and ascertain the nature, quantity of the standing crops, total area planted and the indicative period of harvest thereon. The manner and method of inventory shall be based on the discretion of the MARO, whichever he/she deems appropriate in coordination with the BARC and in accordance with the established norms to determine and reckon the unharvested crops and date of completion of harvest, respectively (CARP-LA Form No. 32).
Failure on the part of the former LO/s or his/her representative to participate in the inventory in spite due notice shall be deemed a waiver on his/her part to contest the findings of the MARO.
2.3 Submit the inventory report to the DARPO together with the ocular inspection report within five (5) days after the conduct of inventory, copy furnished the BARC, the former LO and the ARBs' representatives.
3. The ocular inspection and inventory report shall be sufficient notice for the former LO or his/her representatives to harvest. This provision notwithstanding, the PARO shall, within five (5) days from the receipt of the inventory report with the ocular inspection report, issue a notice to the former LO of the harvest date/period relative to the standing crops (CARP-LA Form No. 33).
4. Pending the award of the CLOA, the DARMO shall inform the ARBs that they have been identified and qualified to receive the land conferring upon them the right of usufruct. Said right of usufruct shall be available within the whole or part of the acquired landholdings wherein no standing crops, as defined in this AO, are present.
Upon the failure of the former LO to conduct harvest/cutting of the standing crops within the defined harvestable period, the same shall constitute a waiver of the former LO in favor of the MARO to cause the immediate harvesting/cutting of the said standing crops for the account of the LO. The cost of cutting/harvesting shall be charged against the proceeds of the standing crops. The net proceeds shall be turned over to the former LO or deposited in an accessible bank in the name of the LO, which act shall constitute a bar for an action for damages against the MARO and/or the ARBs.
The right of usufruct shall be conferred to the ARBs immediately after the completion of the harvest by the DARMO over the area where there are overdue standing crops. ACcaET
The MARO nor the ARBs shall not be held liable for the loss of the value or the deterioration of the standing crops by reason of the failure to reap the same within the identified reasonable period of harvest.
5. In case the ARBs are willing and capable to compensate for the value of the standing crops in exchange of their right to harvest the same, the MARO shall exert efforts towards getting the former LO, on the one hand, and the ARBs, on the other, to conclude an agreement within the harvestable period whereby the latter are allowed to compensate the landowner for the value of his/her share of the said standing crops.
Regarded as an acceptable alternative to the former LO's exercise of the right to the standing crops with concomitant right to harvest the same, the MARO must ensure that the terms and conditions between the ARBs and the former LO are reasonable for both parties. In case no agreement is reached, the right of the former LO to harvest the standing crops shall be respected. The right of the former LO to protect the standing crops pending harvest thereof shall be limited to normal visitation rights. In all cases, such visitation rights shall preclude the use of force or intimidation by the former LO especially with the intervention of armed agents/representatives.
6. In areas where there are complaints or allegations of plantings or sowings in bad faith, the PARO shall, upon investigation and determination on the merits, issue within five (5) days from receipt thereof a Cease and Desist Order (CDO) to the concerned former landowners. The PARO is hereby authorized to issue a CDO pursuant to Sections 2.16, 7 and 20 of DAR AO 3, S. 2003. Said Order shall, among others, provide that the State through the DAR has the right of possession of the land pursuant to Sec 16 (e), R.A. No. 6657) and that the former LO no longer has the right to continue the cultivation of the subject land.
The disregard of the CDO shall be deemed a willful prevention and obstruction of the implementation of the CARP. Accordingly, the DAR shall file the appropriate criminal case against the former LO before the proper court in accordance with Sec. 73 (d) [i]1 of R.A. No. 6657.
7. In the event that the former LO harasses or threatens the ARBs, the DAR and/or the ARB shall report the matter immediately to the PNP and coordinate with the same in order to maintain peace and order.
VII. SANCTIONS
Non-compliance with the foregoing provisions on the part of concerned DAR officials and employees without justifiable reason shall be a ground for immediate filing of proper administrative and/or criminal actions against them pursuant to Secs. 73 and 74 of R.A. No. 6657 and other applicable laws. AHCTEa
VIII. REPEALING CLAUSE
All Administrative Orders, Memorandum Circulars and other issuances inconsistent herewith are hereby amended, modified or repealed accordingly.
IX. EFFECTIVITY
This Memorandum Circular shall take effect ten (10) days after publication in a newspaper of general circulation.
Diliman, Quezon City, September 20, 2006.
(SGD.) NASSER C. PANGANDAMAN
OIC-Secretary
Published in The Philippine Star and The Manila Bulletin on September 23, 2006.
Republic of the Philippines
DEPARTMENT of AGRARIAN REFORM
CERTIFICATION
This is to certify that Administrative Order No. 8, Series of 2006 entitled "GUIDELINES ON STANDING CROPS ON LANDS ACQUIRED BY THE GOVERNMENT PURSUANT TO SECTIONS 16 (e) AND 28 OF R.A. 6657" was published last Saturday, 23 September 2006 at Manila Bulletin and Philippine Star newspapers.
Issued this 25th day of September 2006 for whatever purpose it may serve. CSIcTa
(SGD.) HUGO D. YONZON III
Director, PAS
CARP-LA Form No. 26
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Province: _______________
Region: _______________
MEMORANDUM
TO : ___________________________
Municipal Agrarian Reform Officer
FROM : ___________________________
Provincial Agrarian Reform Officer
SUBJECT : Directive to Take Actual and Physical Possession of the Landholding Acquired under CARP Pursuant to R.A. 6657 and Proceed with its Distribution to Qualified Beneficiaries
This has reference to the agricultural landholding/s of _____________ which was/were covered under Voluntary Offer to Sell (VOS)/Compulsory Acquisition (CA) pursuant to R.A. 6657, particularly described as follows:
Lot No./Survey No. __________________
OCT/TCT No. __________________
Tax Dec. No. __________________
Area/Title (has.) __________________
Area Acquired (has.) __________________
Location :
Barangay __________________
Municipality __________________
Province __________________
Pursuant to Section 16(e) of R.A. No. 6657 and the Certification of Deposit issued by the Land Bank of the Philippines (LBP) on _________________ in the name of the herein landowner, you are hereby directed to take actual and physical possession of the said land/s within five (5) days upon receipt of this Memorandum and proceed with the distribution of the same to the qualified beneficiary/ies.
In view of the foregoing, you are also directed to determine the existence of any unharvested standing crops in the subject land/s and, if any, conduct an inventory within seven (7) days upon your taking of possession of the landholding. Accordingly, the landowner shall be given reasonable time to harvest the standing crops pursuant to Sec. 28 of R.A. No. 6657.
Attached herewith is/are copy/ies of the following:
[ ] Request to register and issue the TCT in the name of the Republic of the Philippines; and
[ ] Certification of Deposit issued by the LBP. TaHIDS
For compliance.
__________________________ ________________
Signature Over Printed Name of Date
Provincial Agrarian Reform Officer
Distribution of Copies:
Original: DARMO
Duplicate: DARPO
Triplicate: LDF
Quadruplicate: BARC
Quintuplicate: Identified/Prospective ARBs
CARP-LA Form No. 27
Republic of the Philippines
Department of Agrarian Reform
Municipality of: _____________________
Province of: ________________________
ADVICE TO THE LANDOWNER (LO) FOR DAR
TO TAKE ACTUAL and PHYSICAL POSSESSION
___________________
(Date)
Mr./Ms. ________________
________________
________________
Dear Mr./Ms. ___________________:
Please be informed that based on a Certification of Deposit (COD) issued by the Land Bank of the Philippines confirming the Deposit of:
Cash ___________
Bond ___________
as compensation proceeds for your landholding described as follows:
Lot No./Survey No. __________________
OCT/TCT No. __________________
Tax Dec. No. __________________
Area/Title (has.) __________________
Area Acquired (has.) __________________
Location :
Barangay __________________
Municipality __________________
Province __________________
In this regard, and pursuant to Sec. 16 of R.A. No. 6657, the DAR shall now proceed to take actual possession of the above subject landholding within five (5) days upon receipt of this letter-advice.
Also, you are hereby notified of your right to harvest standing crops, if any, within a reasonable time pursuant to Section 28 of R.A. No. 6657 which provides that, "the landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of this Act and shall be given a reasonable time to harvest the same" and Section 5.2 of Administrative Order (A.O.) No. _________, Series of 2006.
Further, you are hereby enjoined not to plant or introduce any new physical improvements on the subject landholding immediately upon receipt of this notice. Otherwise, the same shall accrue to the Agrarian Reform Beneficiary (ARB) Certificate of Land Ownership Award (CLOA) holder/s. aCTcDS
Attached herewith is a copy of CARP-LA Form No. 26 for your reference.
Very truly yours,
___________________________
Signature Over Printed Name of
Provincial Agrarian Reform Officer
Distribution of Copies:
Original: LO
Duplicate: OCI Team
Triplicate: LDF
Quadruplicate: DARMO
Quintuplicate: BARC
Sixtuplicate : Identified/Prospective ARBs
PROOF OF PERSONAL SERVICE
(Notice to LO for the Conduct of Inventory of Standing Crops)
I. FOR NOTICE RECEIVED BY LANDOWNER OR HIS REPRESENTATIVE.
I, _____________________________, of legal age and resident of _________________ received the advise to the LO for DAR to take Actual and Physical Possession of the agricultural land formerly owned and registered in the name of ___________________________________, with OCT/TCT No. ___________, situated at __________________ with an area of ___________ hectares, more or less. The said Notice is addressed to Mr./Ms. ________________________ and delivered by ______________________ of DAR Municipal Office of ________________, Province of ___________________________ on ________________ at __________.
____________________________
Signature Over Printed Name
of Landowner or His Representative
II. FOR NOTICE REFUSED TO BE RECEIVED BY LANDOWNER OR HIS REPRESENTATIVE.
This is to attest that __________________________________, registered owner or his representative refused to receive the Advise to the LO of inventory of standing crops on the subject agricultural land owned by and registered in the name of _____________________, with OCT/TCT No. _________________, situated at ____________________________, with an area of ____________ hectares, more or less. The subject landholding is covered under R.A. No. 6657 or the Comprehensive Agrarian Reform Law (CARL).
________ day of _________ at _________________________.
____________________________
Signature Over Printed Name of the
Municipal Agrarian Reform Officer
or Authorized Representative
Witnessed by:
___________________________
BARC Chairman or in the absence
thereof, Barangay Chairman
Distribution of Copies:
Original: LO or his Representative
Duplicate: LDF
Triplicate: DARMO
CARP-LA Form No. 28
Republic of the Philippines
Department of Agrarian Reform
Municipality of ____________
Province of __________________
Region ____________
REPORT OF TAKING POSSESSION AND OCULAR INSPECTION
Name of Landowner: ____________________________
OCT/TCT No.: ____________________________
Tax Dec. No.: ____________________________
Area/Title (has.): ____________________________
Area Acquired (has.): ____________________________
Location:
Barangay: ____________________________
Municipality: ____________________________
Province: ____________________________
DATE OF TAKING OF POSSESSION: _________________________
Graphical Description of the property identifying landmarks and standing crops/unharvestable crops: DEHaTC
NARRATIVE FINDINGS:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Prepared and Submitted by:
______________________________________ _______________
Signature over Printed Name of ARPT/SARPT Date
Noted by:
______________________________________ _______________
Signature over Printed Name of MARO Date
Distribution of Copies:
Original: DARPO
Duplicate: LO
Triplicate: Identified/Prospective ARBs
Quadruplicate: DARMO
Quintuplicate: LDF
CARP-LA Form No. 29
Republic of the Philippines
Department of Agrarian Reform
Municipality of: _______________
Province of: __________________
Region No.: _______________
NOTICE TO PROSPECTIVE ARB/CLOA HOLDER TO PARTICIPATE IN THE
CONDUCT OF INVENTORY OF STANDING CROPS
___________________
(Date)
Mr./Ms. _____________________________
PRESIDENT/CHAIRMAN: ____________________________________
NAME OF ASSOCIATION/COOPERATIVE: _____________________
Address: ____________________________________________________
Dear Mr./Ms. ___________________________:
Please be informed that based on Sec. 16 (e) of R.A. No. 6657 and the Certification of Deposit issued by the Land Bank of the Philippines, the DAR took actual and physical possession of the landholding/s described below on ___________.
Name of LO/Claimant: __________________
Lot No./Survey No.: __________________
OCT/TCT No.: __________________
Tax Dec. No.: __________________
Area/Title (has.): __________________
Area Acquired (has.): __________________
Location :
Barangay __________________
Municipality __________________
Province __________________
Pursuant to Section 28 of R.A. No. 6657 which provides that "the landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given reasonable time to harvest the same" and Paragraph V.2 of Administrative Order (A.O.) No. _________________, Series of 2006, you are hereby notified that the DAR shall conduct an inventory of the unharvested standing crops thereon scheduled on ___________________.
To protect your rights and interests as one of the Identified ARBs and prospective CLOA holders of the said landholding, as well as to afford the landowner (LO) his right over the unharvested standing crops, you are requested to participate during the above-scheduled inventory and assist us in determining the completion of the harvest of the standing crops by the landowner. IcDHaT
Respectfully yours,
___________________________
Signature Over Printed Name of
Municipal Agrarian Reform Officer
Distribution of Copies:
Original : Prospective ARB/CLOA Holder
Duplicate : OCI Team
Triplicate : LDF
Quadruplicate : DARMO
PROOF OF PERSONAL SERVICE
(Notice to ARB CLOA holders to Participate in the Conduct of Inventory of Standing Crops)
I. FOR NOTICE RECEIVED BY ARB.
I, ________________________________, of legal age and resident of _____________________________________________________ received the Notice on the conduct of inventory of standing crops on the subject agricultural land owned by and registered in the name of ___________________ with OCT/TCT No. _________, situated at _________________________________, with an area of ______________ hectares, more or less.
The said Notice is addressed to Mr./Ms. _____________________ and delivered by _________ of DAR Municipal Office of _____________, Province of ___________________ on ________________ at __________________.
____________________________
Signature Over Printed Name of
Agrarian Reform Beneficiary
II. FOR NOTICE REFUSED TO BE RECEIVED BY ARB.
This is to attest that _________________________________, ARB Certificate of Land Ownership Award (CLOA) holder or his representative refused to receive the Notice on the conduct of inventory of standing crops on the subject agricultural land owned by and registered in the name of ________________________, with OCT/TCT No. _____, situated at ______________ with an area of______ hectares, more or less. The subject landholding is covered under R.A. No. 6657 or the Comprehensive Agrarian Reform Law (CARL). ______ day of ____________________ at _______________________.
____________________________
Signature Over Printed Name of the
Municipal Agrarian Reform Officer
or Authorized Representative
Witnessed by:
___________________________
BARC Chairman or in the absence
thereof, Barangay Chairman
Distribution of Copies:
Original: ARB or his Representative
Duplicate: OCI Team
Triplicate: LDF
Quadruplicate: DARMO
CARP-LA Form No. 30
Republic of the Philippines
Department of Agrarian Reform
Municipality of: ____________________
Province of: ______________________
Region No.: _____________________
NOTICE TO BARC CHAIRMAN TO PARTICIPATE IN THE
CONDUCT OF INVENTORY OF STANDING CROPS
___________________
(Date)
__________________________
__________________________
__________________________
Dear Mr./Ms. _____________________:
Please be informed that based on Sec. 16 (e) of R.A. No. 6657 and the Certification of Deposit issued by the Land Bank of the Philippines, the DAR took actual and physical possession of the landholding/s described below on ____________. AHCaES
Name of LO/Claimant: __________________
Lot No./Survey No.: __________________
OCT/TCT No.: __________________
Tax Dec. No.: __________________
Area/Title (has.): __________________
Area Acquired (has.): __________________
Location:
Barangay __________________
Municipality __________________
Province __________________
Pursuant to Section 28 of R.A. No. 6657 which provides that "the landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given reasonable time to harvest the same" and Paragraph V.2 of Administrative Order (A.O.) No. ____________, Series of 2006, you are hereby notified that the DAR shall conduct an inventory of the unharvested standing crops thereon scheduled on ________________.
Your presence or that of your authorized representative presence during the inventory is enjoined to assist us in the conduct of the said inventory.
We have attached a copy of CARP-LA Form No. 28 for your reference.
Respectfully yours,
____________________________
Signature Over Printed Name of
Municipal Agrarian Reform Officer
Distribution of Copies:
Original: BARC Chairman
Duplicate: OCI Team
Triplicate: LDF
Quadruplicate: DARMO
CARP-LA Form No. 31
Republic of the Philippines
Department of Agrarian Reform
Municipality of: ____________________
Province of: ______________________
NOTICE TO THE LANDOWNER (LO) FOR THE CONDUCT OF
INVENTORY OF STANDING CROPS
___________________
(Date)
Mr./Ms. ___________________
___________________
___________________
Dear Mr./Ms. ____________________ :
Please be informed that based on Sec. 16 (e) of R.A. No. 6657 and the Certification of Deposit issued by the Land Bank of the Philippines, the DAR took actual and physical possession your landholding/s described below on __________________.
Name of LO/Claimant: __________________
Lot No./Survey No.: __________________
OCT/TCT No.: __________________
Tax Dec. No.: __________________
Area/Title (has.): __________________
Area Acquired (has.): __________________
Location:
Barangay __________________
Municipality __________________
Province __________________
Pursuant to Section 28 of R.A. No. 6657 which provides that "the landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of this Act, and shall be given reasonable time to harvest the same" and Paragraph V.2 of Administrative Order (A.O.) No. _____________, Series of 2006, you are hereby notified that the DAR shall conduct an inventory of the unharvested standing crops thereon scheduled on _______________.
You or your authorized representative's presence during the inventory is required to participate in this activity to afford you the opportunity to protect your rights and to assist us in the conduct of the said inventory. Please note that you or your authorized representative's failure to attend the above scheduled inventory despite this notice shall be deemed as a waiver of your participation in the said activity and shall not in any way deter or delay the conduct of the inventory in your landholding. DTAIaH
Attached herewith is a copy of CARP-LA Form No. 28 for your reference.
Respectfully yours,
____________________________
Signature Over Printed Name of
Municipal Agrarian Reform Officer
Distribution of Copies:
Original: LO
Duplicate: OCI Team
Triplicate: LDF
Quadruplicate: DARMO
PROOF OF PERSONAL SERVICE
(Notice to LO for the Conduct of Inventory of Standing Crops)
I. FOR NOTICE RECEIVED BY LANDOWNER OR HIS REPRESENTATIVE.
I, _______________________________ of legal age and resident of ________________________ _______________ received the notice on the conduct of inventory of standing crops on the subject agricultural land owned by and registered in the name of ________________________________________, with OCT/TCT No. ________________________, situated at _________________, with an area of _________________ hectares, more or less. The said Notice is addressed to Mr./Ms. _______________________________________ and delivered by __________________________________ of DAR Municipal Office of ____________________, Province of _________________________________ on _______________ at ______________.
____________________________
Signature Over Printed Name
of Landowner of His Representative
II. FOR NOTICE REFUSED TO BE RECEIVED BY LANDOWNER OR HIS REPRESENTATIVE.
This is to attest that _________________________________, registered owner or his representative refused to receive the notice on the conduct of inventory of standing crops on the subject agricultural land owned by and registered in the name of _____________________________, with OCT/TCT No. ____________, situated at _____________________, with an area of ___________________ hectares, more or less. The subject landholding is covered under R.A. No. 6657 or the Comprehensive Agrarian Reform Law (CARL).
________ day of ___________ at ___________________________.
____________________________
Signature Over Printed Name of the
Municipal Agrarian Reform Officer
or Authorized Representative
Witnessed by:
___________________________
BARC Chairman or in the absence
thereof, Barangay Chairman
Distribution of Copies:
Original: LO or his Representative
Duplicate: LDF
Triplicate: DARMO
CARP-LA Form No. 32
Republic of the Philippines
Department of Agrarian Reform
Municipality of ____________
Province of ______________
Region __________
SUMMARY REPORT OF STANDING CROPS INVENTORY
Name of LO/Claimant: _____________________ Location
OCT/TCT No.: _____________________ Barangay: ________________
Tax Dec. No.: _____________________ Municipality: ________________
Area/Title (has): _____________________ Province: ________________
Area Acquired (has): _____________________
DATE OF TAKING OF POSSESSION: _____________
DATE OF INVENTORY CONDUCTED: _____________
A. STANDING CROPS
Type of Crop Variety/ Date/Year Area Block/ Indicative Period Date of Final/
(Common Name) Cultivars Planted Covered/Planted Parcel/Lot of Harvest Last Harvest
(has)
(1) (2) (3) (4) (5) (6) (7)
____________ ________ _________ ___________ ____________ ____________ _____________
____________ ________ _________ ___________ ____________ ____________ _____________
NOTE: PLEASE INDICATE "NOT APPLICABLE (NA)" IF THE COLUMN DOES NOT APPLY TO A SPECIFIC CROP.
B. OTHER CROPS
Type of Crop Variety/ Date/Year Area Block/ Indicative Period Date of Final/ Remarks
(Common Name) Cultivars Planted Covered/Planted Parcel/Lot of Harvest Last Harvest (unharvestable/
(has) planted in bad faith)
(1) (2) (3) (4) (5) (6) (7)
____________ ________ _________ ___________ ____________ ____________ _____________
____________ ________ _________ ___________ ____________ ____________ _____________
NOTE: PLEASE INDICATE "NOT APPLICABLE (NA)" IF THE COLUMN DOES NOT APPLY TO A SPECIFIC CROP.
CONDUCTED BY:
_____________________________________ _______________
Signature over Printed Name of ARPT/SARPT Date
CONFORME:
_________________________________________________________ _______________ Justification for absence of signature:
1) Signature over Printed Name of LO or his authorized representative Date __________________________
__________________________
__________________________
_________________________________________________________
2) Signature over Printed Name of ARB CLOA holder Justification for absence of signature:
a) _______________________________________________ _______________ __________________________
Date
b) _______________________________________________ _______________ __________________________
Date
c) _______________________________________________ _______________ __________________________
Date
d) _______________________________________________ _______________ __________________________
Date
WITNESS:
___________________________________________________ _______________
BARC Chairman or in absence thereof, Barangay Council Date
NOTED BY:
___________________________________________________ _______________
Signature over Printed Name of MARO Date
* Any other information not included in the matrix maybe indicated in a separate sheet
Distribution of Copies:
Original: DARPO
Duplicate: LO
Triplicate: Prospective ARBs/CLOA holder
Quadruplicate: DARMO
Quintuplicate: LDF
CARP-LA Form No. 33
Republic of the Philippines
Department of Agrarian Reform
Municipality of __________________
Province of: ____________________
Region _______________
NOTICE TO LANDOWNER (LO) TO COMPLETE
HARVEST OF STANDING CROPS
___________________
(Date)
Mr./Ms. ___________________
___________________
___________________
Dear Mr./Ms. ____________________ :
Pursuant to Administrative Order (A.O.) No. ________________, Series of 2006 titled, "Guidelines on Standing Crops on Lands Acquired by the Government pursuant to Sections 16 (e) and 28 of R.A. No. 6657" and on the basis of the Summary Report of Standing Crops Inventory (CARP-LA Form No. ___) conducted on _____________, you are hereby directed to complete the final harvest of all standing crops found within block/lot/parcel no/s. _________________, on or before _____________ (date) in your former landholding located at __________________, municipality of ______________________, province of __________________, embraced by Title No. _______________________, with total area of _____________ (hectares), more or less. CaHAcT
Kindly complete the said harvest in accordance with the schedule of harvest specified per block/lot/parcel in the attached copy of CARP-LA Form No. ____. Otherwise, the DAR will be constrained to harvest the standing crops pursuant to A.O. No. ____, Series of 2006 without further notice.
We trust that you give this matter your utmost preferential attention.
Respectfully yours,
___________________________
Signature Over Printed Name of
Provincial Agrarian Reform Officer
Distribution of Copies:
Original : LO
Duplicate : ARB
Triplicate : LDF
Quadruplicate : DARMO
PROOF OF PERSONAL SERVICE
(Notice to LO on the Reasonable Time to Complete Harvest)
I. FOR NOTICE RECEIVED BY LANDOWNER OR HIS REPRESENTATIVE.
I, ______________________________________, of legal age and resident of _________________________________________ received the notice on the reasonable time to complete harvest of standing crops on the subject agricultural land owned by and registered in the name of ____________________________, with OCT/TCT No._____, situated at ____________________________________, with an area of _______________ hectares, more or less. The said Notice is addressed to Mr./Ms. ___________________________________________ and delivered by ___________________________ of DAR Municipal Office of __________________________, Province of _______________ on ________________________ at ____________________.
____________________________
Signature Over Printed Name of
Landowner or His Representative
II. FOR NOTICE REFUSED TO BE RECEIVED BY LANDOWNER OR HIS REPRESENTATIVE.
This is to attest that _________________________________, registered owner or his representative refused to receive the notice on the reasonable time to complete harvest of standing crops on the subject agricultural land owned by and registered in the name of ________________________________, with OCT/TCT No. _______, situated at _______________________________, with an area of _____________ hectares, more or less. The subject landholding is covered under R.A. No. 6657 or the Comprehensive Agrarian Reform Law (CARL). AICEDc
____ day of ____________ at ___________________________.
___________________________
Signature Over Printed Name of
Municipal Agrarian Reform Officer
or Authorized Representative
Witnessed by:
___________________________
BARC Chairman or in the absence
thereof, Barangay Chairman
Distribution of Copies:
Original: LO or his Representative
Duplicate: LDF
Triplicate: DARMO
ANNEX A
STANDING CROPS
HARVESTABLE PERIOD OF MAJOR CROPS
BY CATEGORY
HARVESTABLE PERIOD
TYPE OF CROP & PLANTING FROM FROM FROM HARVEST
CATEGORY MATERIAL/S PLANTING FLOWERING/ TO HARVEST
TO INITIAL FRUIT SETTING (Succeeding
HARVESTING TO HARVEST Harvest from the
(Gestation Initial Harvest)
Period)
1. GRAINS & CEREALS
AND LEGUMES
Rice Seeds 120-125 days
Seedlings 101-105 days
Corn Seeds 95-110 days
Soybean Seeds 86-101 days every 10-15 days
Mongo Seeds 60-70 days every 10-15 days
2. FRUITS & NUTS
Atis Seedlings 2-4 years 3-4 months
Avocado Seeds 8-20 years 6-8 months
Grafted 1-2 years 6-8 months
Seedlings
Banana Corns
Cavendish 6-8 months 90 days
(export)
Lakatan 14-15 months 2 months, 24 days
Latundan 12-16 months 2 months, 17 days
Saba 15-16 months
Señorita 15-16 months 2 months, 24 days
Cacao Nodal Cuttings 18 months 5-6 months
Criollo
Forastero
Trinitario
Citrus Grafted 3-5 years 5-6 months
Seedlings
Lemon
Lime
Mandarin
Pomelo
Coffee Seedlings
Arabica 2-3 years 6-8 months
Excelsa 4-5 years 6-8 months
Liberica 4-5 years 6-8 months
Robusta 7 years 6-8 months
Coconut Seedlings
PCA-15-1 3-4 years every 3-4 months
PCA-15-2 3-4 years (copra)
PCA-15-3 3-4 years
PCA-15-4 3-3.5 years
PCA-15-5 3-3.5 years
PCA-15-6 3-3.5 years
PCA-15-7 3-3.5 years
PCA-15-8 3-3.5 years
PCA-15-9 3-3.5 years
Local Tall 6 years
Palm Oil Seedlings 4-5 years
Durian Seedlings
Alcon Fancy 4-5 years 110-120 days
Arancillo 4-5 years 115-120 days
Atabrine 7-8 years 100-110 days
Chanee 3-4 years 110-115 days
Duyaya 4-5 years 120-130 days
GD 69 3-5 years 110-115 days
Lancson Uno 4-5 years 110-120 days
Mamer 7-8 years 100-110 days
Mon Thong 5 years 120-130 days
Puyat 3-4 years 110-125 days
Guava Seedlings 2-3 years
Buddings 5 years
Guyabano Seedlings 3-5 years 6 months
Jackfruit
Sinaba Seedling 3 years 3-5 months
Tinunbaga
Mango
Carabao Seeds 10 years 3-4 months or
110-120 DAFI *
Pico Grafted 3-5 years 110-120 days 3-5 months or
Seedling (w/out chemical 82-88 DAFI *
inducing)
82-88 days
(with chemical
inducing)
Papaya Seedlings 7-8 months 3-5 months
Peanut Seeds 95-100 days
after
germination
Pineapple Crowns & Main 24 months 3 1/2 months
Stems
Slips 18-20 months 3 1/2 months
Suckers 6-8 months 3 1/2 months
Pilinut
Watermelon Seeds 75-85 days
Honeydew Melon Seeds 75-80 days 45-55 days
3. VEGETABLES/
SPICES
Ampalaya Seeds 60-95 days 15-20 days every 2-3 months
Asparagus (spears) 2-3 years
Black Pepper Cuttings 5-6 months
Bell/Sweet Pepper Seedlings 80-100 days 3-6 weeks
Broccoli Seedlings 50-55 days
Bunching Onion Bulbs 2 1/2 months
(murang sibuyas)
Cabbage Seedlings 55-60 days
Carrots Seedlings 70-150 days
Cauliflower Seedlings 45-60 days
Chinese Cabbage Seedlings 55-65 days
Cucumber Seeds 35-40 days Every other day
(picking type)
Seedlings 38-45 days Every other day
(slicing variety)
Eggplant Seedlings 60-90 days
Garlic Cloves 90-120 days
Lettuce Seedlings 45-65 days
Parseley Seedlings 90 days
Pechay (Native) Seedlings 30-45 days or
3 weeks
Tomatoes Seedling 4-5 months
Pole Sitao Seeds 6-7 weeks 2-3 days
Sweet Pepper Seedlings 80-100 days 3-6 weeks
Upo Seeds 15 days
4. FIBERS
Abaca (Commercial & Corms 17-24 months 3 months 20-27 months
Wild Varieties)
5. OTHERS
Rubber Seedlings 4-5 years
Sugarcane Tillers 3-4 months
Stalks 3-4 months
Phil. 6317 12 months
Phil. 6553 12-14 months
Phil. 6601 12 months
Phil. 6607 12 months
Phil. 6723 12 months
Phil. 7083 12 months
Phil. 56-226 10-12 months
Phil. 58-260 12 months
Tobacco Seedlings
Burley 80-90 days
Javiz 120-150 days
Simmaba 90-100 days
Virginia/Flue-cured 90-100 days
Vizcaya 100-110 days
Cut Flowers
* DAFI — days after flowering inducement
Footnotes
1. "(d) The willful prevention or obstruction by any person, association or entity of the implementation of the CARP."