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Republic Act No. 6657

(Index By Section of the Comparative Text of R.A. No. 6657 vis-à-vis R.A. No. 9700)

(As amended by RA 7881, 7905, 8532 and 9700)

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
Preliminary Chapter

Section 1. Title. -

This Act shall be known as the Comprehensive Agrarian Reform Law of 1988.

Section 2. Declaration of Principles and Policies. -

It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers will receive the highest consideration to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture.

To this end, a more equitable distribution and ownership of land, with due regard to the rights of landowners to just compensation and to the ecological needs of the nation, shall be undertaken to provide farmers and farmworkers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands.

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 farm workers, 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 in this Act, having taken into account ecological, developmental, and equity considerations, and subject to the payment of just compensation. The State shall respect the right of small landowners, and shall provide incentives for voluntary land-sharing.

The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives and other independent farmers' organizations, to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial production, marketing and other support services.

The State shall apply the principles of agrarian reform, or stewardship, whenever applicable, 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.

The State may resettle landless farmers and farmworkers in its own agricultural estates, which shall be distributed to them in the manner provided by law.

By means of appropriate incentives, the State shall encourage the formation and maintenance of economic-size family farms to be constituted by individual beneficiaries and shall landowners.

The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services. The State shall also protect, develop and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. Owners of agricultural lands have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive.

The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises. Financial instruments used as payment for lands shall contain features that shall enhance negotiability and acceptability in the marketplace.

The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms, and traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act.

 

 It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers will receive the highest consideration to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets: Provided, That the conversion of agricultural lands into industrial, commercial or residential lands shall take into account, tillers' rights and national food security. Further, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

The State recognizes that there is not enough agricultural land to be divided and distributed to each farmer and regular farmworker so that each one can own his/her economic-size family farm. This being the case, a meaningful agrarian reform program to uplift the lives and economic status of the farmer and his/her children can only be achieved through simultaneous industrialization aimed at developing a self-reliant and independent national economy effectively controlled by Filipinos.

To this end, the State may, in the interest of national welfare or defense, establish and operate vital industries.

A more equitable distribution and ownership of land, with due regard to the rights of landowners to just compensation, retention rights under Section 6 of Republic Act No. 6657, as amended, and to the ecological needs of the nation, shall be undertaken to provide farmers and farmworkers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands.

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 in this Act, taking into account ecological, developmental, and equity considerations, and subject to the payment of just compensation. The State shall respect the right of small landowners, and shall provide incentives for voluntary land-sharing.

As much as practicable, the implementation of the program shall be community-based to assure, among others, that the farmers shall have greater control of farmgate prices, and easier access to credit.

The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives and other independent farmers’ organizations, to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing and other support services.

The State shall recognize and enforce, consistent with existing laws, the rights of rural women to own and control land, taking into consideration the substantive equality between men and women as qualified beneficiaries, to receive a just share of the fruits thereof, and to be represented in advisory or appropriate decision-making bodies. These rights shall be independent of their male relatives and of their civil status.

The State shall apply the principles of agrarian reform, or stewardship, whenever applicable, 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.

The State may resettle landless farmers and farm workers in its own agricultural estates, which shall be distributed to them in the manner provided by law.

By means of appropriate incentives, the State shall encourage the formation and maintenance of economic-size family farms to be constituted by individual beneficiaries and small landowners.

The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services. The State shall also protect, develop and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. 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 State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises. Financial instruments used as payment for lands shall contain features that shall enhance negotiability and acceptability in the marketplace.

The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms, and traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act. (as amended by Section 1, RA 9700)

 

CONSULTATION/DIALOGUE

           Joint DAR-LBP M.C. No. 09  -  September 19, 2002 

Subject: Institutionalization of Monthly Consultation/Dialogue Cum Problem Solving Between Concerned
Officials of the Department of Agrarian Reform (DAR) and Land Bank of the Philippines (LBP)
at the Regional and Provincial Levels
 

            M.C. No. 01 – April 25, 2002 

Subject:  Instructions and Guidelines Governing the Provincial Consultations on Agrarian Reform  

            M.C. No. 03  -   March 09, 2000  

            Subject:   Guidelines in the Conduct of Dialogue at the Central Office

 
FARMWORKERS, Right of

A.O. No.  2  -  April 16, 1993

Subject: Supplemental Guidelines on AO No. 10, S. 1990 & Other Issuances on the Rights of Farmworkers

 

NON-GOVERNMENT  ORGANIZATIONS (NGOs)

           M. C. No. 13  -   September 07, 2000

Subject:  Rationalizing Non-Government Organizations (NGOs) Involvement in the DAR’s
Foreign-Assisted Projects

 

A.O. No. 11  -  April 26, 1989

Subject:  Accreditation of NGOs Involved in DAR Program

 

A.     O. No. 1  -  December 27, 1988

Subject:  Participation of NGO/Private Voluntary Organization (PVO) in the Implementation of Agrarian Reform 

 

 

PEASANT ORGANIZATIONS

 

A.O. No.  1  -  January 09, 1997 (Effectivity Date – January 24, 1997)

Subject: Revised AO No. 7, S. ’95 on the Dev’t. and Strengthening of POs Pursuant to the Constitution,
RA 6657, and Other Pertinent Laws

 

A.O. No. 7  -  July 21, 1995 (Effectivity Date – August 6, 1995)

Subject: Development and Strengthening of POs Pursuant to the Constitution, RA 6657, & Other
Pertinent Laws

 

PRIVATE VOLUNTARY ORGANIZATION (PVO)

A.O. No. 1  -  December 27, 1988

Subject:  Participation of NGO/Private Voluntary Organization (PVO) in the Implementation of Agrarian Reform

 

WOMEN/WOMEN’S DESK/GENDER EQUALITY/NON-GENDER BIASED/GENDER AND DEVELOPMENT

A.O. No. 01 – July 19, 2011 (Effectivity Date - July 23, 2011)

Subject:   Guidelines Governing Gender Equality in the Implementation of Agrarian Reform Laws
and Mainstreaming Gender and Development in the Department of Agrarian Reform

 

M.C. No. 05 – March 26, 2009

Subject:  Addendum to Memorandum Circular No. 03 Dated February 27, 2009
Re:   Re-Constitution and Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 03 – February 27, 2009

Subject:  Addendum to Memorandum Circular No. 02 Dated January 16, 2008 Reconstitution and
Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 02 – January 16, 2008

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Points

 

M.C. No. 01 – April 11, 2005

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No.  05  -   January 24, 2001

Subject:   Guidelines for the Establishment and Operation of DAR Women’s Desk

 

A. O. No.  1   -   January 9, 2001 (Effectivity Date – January 28, 2001)

Subject:    Guidelines Governing the Non-Gender Biased Implementation of Agrarian Laws 

 

Gen. M.C. No.  01   June 14, 1999

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No. 18  -  August 08, 1996 (Effectivity  Date – August 25, 1996)

Subject: Clarificatory Guidelines in the Manner of Generating and Issuing Emancipation
Patents/Certificates of Land Ownership Award (EPs/CLOAs) to Qualified Agrarian
Reform Beneficiaries and their Spouses Pursuant to R.A. No. 7192

 

 

M. C. No.  04  -  August 27, 1992

Subject:  Defining the DAR Policy/Program Framework in the Recognition of the Role of
Women on Development and in Addressing their Concerns:  “Implementing Rules
and Regulations to Build Mechanisms to Integrate Women
and Pursue a Non-bias Gender Consciousness Implementation for CARP

 

R.A. 7192  -  February 12, 1992

Subject:   An Act Promoting the Integration of Women as Full and Equal Partners of Men in
Development and Nation Building and for Other Purposes

Section 3. Definitions.

For the purpose of this Act, unless the context indicates otherwise:

(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work.


(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by person whether natural or juridical.

 

 (b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil, planting of crops, growing of fruit trees, [REMOVES THE PHRASE: “raising of livestock, poultry or fish”] including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural or juridical. (as amended by Section 1, RA 7881)

 R.A. 7881

R.A. No. 7881 – February 20, 1995

Subject:  An Act Amending Certain Provisions of R.A. No. 6657 [Section 3(b), 10, 11, 32, 65 and 73] 

M.C. No. 32  -  Series of  1997 

Subject:  Lifting the Suspension of the Implementation of R.A. No. 7881 and its Implementing
Rule, A. O. No. 3, S. 1985

M.C. No. 27  -  November 20, 1995

Subject:  Suspension of the Implementation of RA 7881, Its Implementing Rule, AO No. 3,
Series of 1995, Per Supreme Court Resolution dated Nov. 13, 1995.

 

(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not classified as mineral, forest, residential, commercial or industrial land.


 

 

EXEMPTION CLEARANCES  (DOJ 44)/EXEMPTIONS/EXCLUSIONS

A.O. No. 07 – September 03, 2008 (Effectivity Date – September 19, 2008)

Subject: Guidelines Relative  to the Supreme Court Ruling on the Sutton Case    Regarding Lands
which are Actually, Directly and Exclusively Used for Livestock Raising
 

A.O. No. 01 – August 16, 2004 (Effectivity Date – September 13, 2004)

Subject:  Exclusion of Agricultural Lands Used for Cattle Raising from the Coverage of the
Comprehensive Agrarian Reform Program [Amends pertinent provisions
of DAR A.O. No. 9, Series of 1993]
 

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004 (Moratorium on the
             Processing and Grant  o Applications for Conversion and Exemption of All Lands Devoted to
              or Suitable for Agriculture)

 M.C. No. 05 – March 03, 2004

Subject:  Moratorium on the Processing and Grant of Applications for Conversion and Exemption
              of All Lands Devoted to or Suitable for Agriculture 

A.O. No. 04 – January 16, 2003 (Effectivity Date – February 9, 2003)

Subject:  2003 Rules on Exemption of Lands from CARP Coverage Under Section 3 (c ) of
Republic Act No. 6657 and Department of Justice (DOJ) Opinion No. 44, series of 1990
 

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

A.O. No.  6  -  May 27, 1994 (Effectivity Date – June 23, 1994)

Subject:  Issuance of Exemption Clearances Based on Sec. 3 (c) of RA 6657 and DOJ
Opinion No. 44, S. 1990

 

CLUPPI

            S.O. No. 832 – November 03, 2003

Subject:  Addendum to the Special Order No. 823 Reconstituting Center for Land Use Policy, Planning and
Implementation (CLUPPI) Secretariat 

 

S.O. No. 823 – October 27, 2003

Subject:  Reconstitution of Center for Land Use Policy, Planning and Implementation (CLUPPI) Secretariat

 

A.O. No. 02  -   May 21, 2002 (Effectivity Date – June 6, 2002)

            Subject:  Institutionalization of the Center for Land Use Policy, Planning and Implementation (CLUPPI)

 

            A.O. No. 14  -  December 06,  1994 (Effectivity Date – December 30, 1994)

            Subject:  Creating a Center for Land Use Policy, Planning and Implementation  (CLUPPI)

 

CLUPs (COMPREHENSIVE LAND USE PLANS), Preparation and Completion and/or Updating of

M.C. No. 08  -   October 15, 2001

Subject:  Issuance of DAR Certification and Extending Full Support and Cooperation to Local Government
Units in the Preparation/Completion and/or Updating of Their Comprehensive Land Use Plans
 

M.C. No. 11 – July 06, 2000

Subject: Directing All Municipal Agrarian Reform Officers (MAROs), Provincial Agrarian Reform Officers
(PAROs), and Regional Directors (RDs) to Extend Full Support and Cooperation to All
Concerned Local Government Units (LGUs) in the Preparation and Completion of
Their Comprehensive Land Use Plans (CLUPs)
 

INVENTORY

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions 

LUNGSOD SILANGAN TOWNSITE, Coverage of 

            M.C. 5  -  March 4, 1998 (Effectivity  Date – March 22, 1998)

            Subject:  Amendment to M.C. No. 25, S.1 997

 

M.C. 25  -  July  02,  1997 (Effectivity  Date – July 19, 1997)

Subject: Coverage of the Lungsod Silangan Townsite Straddling Portions of  Antipolo,
San Mateo and Montalban, Rizal

 

DOJ Opinion 181  -  October 19, 1990

            Subject:  Applicability of CARP Upon the Estate of the late Alfonso Doronila

 

DOJ Opinion No.  26  -  February 12, 1988

Subject: Inclusion/Non-inclusion of Agro-Forestry Leases in Lungsod Silangan Townsite
Reservation Within the CARP
                       

DOJ Opinion No. 137  -  September 26,  1994

Subject:  Definite Area to be Covered by Lungsod Silangan and the Land Use of the
Approximately 7,000 – Hectare Overlap Between the Areas Covered by
Proclamations Nos. 1636 and 1637

 MONITORING (Conversion/Exemptions/Exclusions)

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

            M.C. No. 16  -  July 18, 1996

Subject: Prescribing the Revised Guidelines in the Performance of the Regular Functions of the Regional
Planning Divisions (RPDs) and Provincial Planning, Monitoring and Evaluation Units (PMEUs)

 

MORATORIUM (Conversion and Exemption)

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004 (Moratorium on the Processing
               and Grant of Applications for Conversion and Exemption of All Lands Devoted to or Suitable for Agriculture) 

M.C. No. 05 – March 03, 2004

Subject: Moratorium on the Processing and Grant of Applications for Conversion and Exemption of All
Lands Devoted to or Suitable for Agriculture

 

 TOURIST ZONES

           DAR M.C. No. 07 – March 29, 2004          

Subject: Clarificatory Guidelines on the Effect of Declarations of General Areas in the
Country as “Tourist Zones” to the Coverage of Lands Devoted to or Suitable for
Agriculture Within Said Areas Under the Comprehensive Agrarian Reform Program (CARP)

 

(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to 0agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements.

It includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.

 

AGRARIAN DISPUTES

 

            DAR A.O. No. 8  -  August 30, 1994 (Effectivity Date – September 17, 1994)

            Subject:  Mediation/Conciliation of Agrarian Disputes by BARC

 
DARAB Rules        

2009 Department of Agrarian Reform Adjudication Board (DARAB) Rules
of Procedure – September 01, 2009

 

2003 Department of Agrarian Reform Adjudication Board (DARAB) Rules
of Procedure – January 17, 2003

 

M.C. No. 1  -  January 05, 1995

Subject:  Authority of the Adjudication Board to Conduct Summary Administrative
Proceedings for the Preliminary Determination of Just Compensation
 

            DARAB New Rules of Procedure (1994)

 

M.C. No.  6  -  September 14, 1992

Subject:  Signing Authority on Travel Orders of DARAB Officials and Personnel

 

M.C. No.  7  -  September 30, 1991

Subject: Scope of Jurisdiction of DARAB, RARADs and PARADs Over Orders/Decisions of the Secretary


(e) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under this Act, but does not include land that has become permanently or regularly devoted to non-agricultural purposes. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event: Provided, that prior to such event, such land was previously used for agricultural or other economic purpose.

ABANDONED/IDLE LANDS

Joint DAR-LBP M.C. No. 04  -   January 16, 2001 (Effectivity Date – February 16, 2001)

Subject:  Guidelines in the Processing and Payment of Idle Lands With Slopes of Below Eighteen
Percent (18%)

 

A.O. No.  12  -   August 30, 1990

            Subject:  Identification and Acquisition of Idle or Abandoned Lands

 

(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either by himself, or primarily with the assistance of his immediate farm household, whether the land is owned by him, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof.

(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops livestock and/or fisheries either by himself/herself, or primarily with the assistance of his/her immediate farm household, whether the land is owned by him/her, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof (as amended by Section 2, RA 9700)

(g) Farmworker is a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his 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 dispute and who has not obtained a substantially equivalent and regular farm employment.

(h) Regular Farmworker is a natural person who is employed on a permanent basis by an agricultural enterprise or farm.

(i) Seasonal Farmworker is 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.

(j) Other Farmworker is a farmworker who does not fall under paragraphs (g), (h) and (i).

(k) Cooperatives shall 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 operated 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.

 

(l) Rural women refer to women who are engaged directly or indirectly in farming and/or fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation, managing the household, caring for the children, and other similar activities. (as added by Section 2, RA 9700)

 

WOMEN/WOMEN’S DESK/GENDER EQUALITY/NON-GENDER BIASED/GENDER AND DEVELOPMENT

A.O. No. 01 – July 19, 2011 (Effectivity Date - July 23, 2011)

Subject:   Guidelines Governing Gender Equality in the Implementation of Agrarian Reform Laws and
Mainstreaming Gender and Development in the Department of Agrarian Reform

 

M.C. No. 05 – March 26, 2009

Subject:  Addendum to Memorandum Circular No. 03 Dated February 27, 2009 Re:   Re-Constitution
and Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 03 – February 27, 2009

Subject:  Addendum to Memorandum Circular No. 02 Dated January 16, 2008 Reconstitution and
Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 02 – January 16, 2008

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Points

 

M.C. No. 01 – April 11, 2005

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No.  05  -   January 24, 2001

Subject:   Guidelines for the Establishment and Operation of DAR Women’s Desk

 

A. O. No.  1   -   January 9, 2001 (Effectivity Date – January 28, 2001)

Subject:    Guidelines Governing the Non-Gender Biased Implementation of Agrarian Laws 

 

Gen. M.C. No.  01   June 14, 1999

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No. 18  -  August 08, 1996 (Effectivity  Date – August 25, 1996)

Subject: Clarificatory Guidelines in the Manner of Generating and Issuing Emancipation Patents/Certificates
of Land Ownership Award (EPs/CLOAs) to Qualified Agrarian Reform Beneficiaries and their
Spouses Pursuant to R.A. No. 7192

 

M. C. No.  04  -  August 27, 1992

Subject:  Defining the DAR Policy/Program Framework in the Recognition of the Role of Women on
Development and in Addressing their Concerns:  “Implementing Rules and Regulations to
Build Mechanisms to Integrate Women and Pursue a Non-bias Gender Consciousness
Implementation for CARP
 

R.A. 7192  -  February 12, 1992

Subject:   An Act Promoting the Integration of Women as Full and Equal Partners of Men in
Development and Nation Building and for Other Purposes
 

 

CHAPTER II
Coverage

Section 4. Scope.

The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands, as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture.

 

 

More specifically the following lands are covered by the Comprehensive Agrarian Reform Program:

(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain.

 

 

The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture: Provided, That landholdings of landowners with a total area of five (5) hectares and below shall not be covered for acquisition and distribution to qualified beneficiaries.

More specifically, the following lands are covered by the CARP:

(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain;

 

A & D Lands of the Public Domain  (Jurisdiction of DAR and DENR)

               Joint DENR-DAR M.C. No. 2003-1

           (Reaffirming Joint DAR-DENR MC Nos. 14 and 19, 1997)

 

DENR M.C. No.  99-22

Subject: DENR Jurisdiction Over All Alienable and Disposable (A & D) Lands of the Public Domain

 

Joint DAR-DENR M.C. No. 19  -  May 21, 1997

Subject: Guidelines to Implement the Joint DAR-DENR Memorandum Circular No. 14, Series of 1997
Regarding Untitled Private Agricultural Lands

 

Joint DAR-DENR M. C. No. 14  -  March 31, 1997

Subject:  Clarifying the Jurisdiction of the Department of Agrarian Reform (DAR) and the Department of
Environment and Natural Resources (DENR) on the Disposition of Untitled Privately Claimed
Agricultural Lands

 

Joint DAR-DENR M.C. No. 9  -  June 07, 1995

Subject:  Clarifying and Restating the Jurisdiction and Authority of DAR and DENR Over Certain Types
of Lands of the Public Domain Covered by the CARP

 

Joint DAR-DENR A.O. No. 7, Series of 1991

Subject:  Amending Joint DAR-DENR AO 2, S. ’87  Re:  Guidelines for the Implementation of
Sec. 15, EO 229 on Joint DAR-DENR Certification on Public Lands

 

M.C. No. 4  -  May  10, 1991

Subject:  Agricultural Lands Covered by Homestead Patents Pursuant to Public Land Act  (CA No. 141)

 

Joint DAR-DENR A.O. No. 2, Series of 1988

Subject:  Implementation of Sec. 15, EO 229, on Joint DAR-DENR Certification on Public Lands

 

A.O. No. 98, Series of 1988

Subject:  AR in Public Lands – Program D of the CARP

 

M.C. No. 15  -  October 25, 1983

Subject:  Disposition and Issuance of Patents Over Public Lands Under the Custody and
Administration of the MAR

 

(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph;

(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph;

(c) All other lands owned by the Government devoted to or suitable for agriculture; and

 

(c) All other lands owned by the Government devoted to or suitable for agriculture; and

(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.

 

(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.

 

 PRIVATE AGRICULTURAL LANDS

         

Joint DAR-DENR M.C. No. 2003-1

(Reaffirming Joint DAR-DENR MC Nos. 14 and 19, 1997)

 

Joint DAR-DENR M.C. No. 19  -  May 21, 1997

Subject:  Guidelines to Implement the Joint DAR-DENR Memorandum Circular No. 14, Series of 1997
Regarding Untitled Private Agricultural Lands

 

Joint DAR-DENR M. C. No. 14  -  March 31, 1997

Subject: Clarifying the Jurisdiction of the Department of Agrarian Reform (DAR) and the Department
of Environment and Natural Resources (DENR) on the Disposition of Untitled Privately
Claimed Agricultural Lands

 

Joint DAR-DENR A.O. No.  6  -  July 24, 1991

Subject:  Undertaking Surveys on Private Agricultural Lands Covered by the CARP

 

 

A comprehensive inventory system in consonance with the national land use plan shall be instituted by the Department of Agrarian Reform (DAR), in accordance with the Local Government Code, for the purpose of properly identifying and classifying farmlands within one (1) year from effectivity of this Act, without prejudice to the implementation of the land acquisition and distribution. (as amended by Section 3, RA 9700)

 ACQUISITION AND DISTRIBUTION UNDER R.A. NO. 6657 AND/OR R.A. NO. 9700

A.O. No. 07 – September 30, 2011 

(Effectivity Date – October 15, 2011)

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by
R.A. No. 9700

 
INVENTORY OF THE CARP SCOPE (ICS)

 

M.C. No. 13 – August 11, 2003

Subject:  Guidelines in the Inventory of the CARP Scope (ICS)

Section 5. Schedule of Implementation. -

The distribution of all lands covered by this Act shall be implemented immediately and completed within ten (10) years from the effectivity thereof.


ACQUISITION AND DISTRIBUTION UNDER R.A. NO. 6657 AND/OR R.A. NO. 9700 

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 5 & 6

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

M.C. No. 06 – July 15, 2011

Subject:  Clarificatory Guidelines on the Implementation of the Land Acquisition and Distribution
Phasing Under Republic Act No. 9700

 

M.C. No. 8 – October 27, 2010

Subject: Guidelines  in the  Treatment, Use  and  Updating  of  the PARC Execom-Approved CARPER
Land Acquisition and Distribution (LAD) Balance

 

M.C. No. 06 – June 24, 2010

Subject:  Clarificatory Guidelines on the Transitory Provisions of DAR A.O. No. 2, Series of 2009 

PARC Executive A.O. No. 01 – November 16, 2009

Subject:  Guidelines   Governing    Declaration    of    Certain Provinces as Priority Land Reform
Areas Pursuant to Section 5 of R.A. No. 9700
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by
R.A. No. 9700

 

A.O. No. 05 – July 15, 2008 (Effectivity Date – July 28, 2008)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural Lands Subject
of VOS  and CA and Those Covered Under E.O. No. 407 [Amends A.O. No. 2, Series of 2005]

 

A.O. No. 04 – March 27, 2007 (Effectivity Date – April 14, 2007)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural
Lands Subject of VOS  and CA and Those Covered Under E.O. No. 407 [Amends Item IV
of A.O. No. 2, Series of 2005]

 

A.O. No. 07 – September 8, 2006 (Effectivity Date – September 26, 2006)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural Lands Subject
of VOS  and CA and Those Covered Under E.O. No. 407 [Amends A.O. No. 2, Series of 2005]

 

A.O. No. 04 – August 2, 2005 (Effectivity Date – August 14, 2005)

Subject: Revised Rules Governing the Issuance of Notice of Coverage in the Acquisition of Agricultural
Lands Under R.A. No. 6657 [Revise DAR A.O. No. 1,  Series of 2003]

 

A.O. No. 02 – May 12, 2005 (Effectivity Date – May 26, 2005)

Subject:  Acquisition of Agricultural Lands Subject of VOS and CA and Those Covered Under
E. O. No. 407 [Repeals A.O. No. 2, Series of 1996;  A.O. No. 1, Series of 1998; and
A.O. No. 4, Series of 2000;  Amends A.O. No. 1, Series of 2003 and
A.O. No. 7, Series of 2003]

 

A.O. No. 01  -  January 16, 2003 (Effectivity Date – February 6, 2003)

               Subject:  Notice of Coverage and Acquisition of Agricultural Lands Under R.A. No. 6657
           [Amend DAR A.O. No. 2, Series of 1996 and A.O. No. 1, Series of 1998]

 

A.O. No. 04  -  August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Acquisition of Agricultural Lands Subject of Voluntary Offer to Sell (VOS) and Compulsory
Acquisition (CA) [Amends A.O. No. 2, Series of 1996];  [A.O. No. 10, Series of 1998]

Section 6. Retention Limits. -

Except as otherwise provided in this Act, no person may own or retain, directly or indirectly, any public or private agricultural land, the size of which shall vary according to factors governing a viable family-size farm, such as commodity produced, terrain, infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall retention by the landowner exceed five (5) hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm: provided, that landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the areas originally retained by them thereunder: provided, further, that original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead.



RETENTION

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 27 to 41

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009 pursuant to Section 31 of R.A. No.
9700) – (Item IV-B)
Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657,
as amended by R.A. No. 9700

 

A.O. No. 02  -  January 16, 2003 (Effectivity Date – February 7, 2003)

Subject:  2003 Rules and Procedures Governing Landowner Retention Rights

 

A.O. No. 05  -  August 30, 2000 (Effectivity Date – September 17, 2000)

Subject:   Revised Rules and Procedures for the Exercise of Retention Right by Landowners 

M.C. No.  12  -   August 14, 1998

Subject:  Retention Rights of Landowners and Award to Their Qualified Children

 

A.O. No. 4  -  April 26, 1991

Subject:  Supplemental Guidelines Governing the Exercise of Retention Rights by Landowners
Under PD 27

 

A.O. No. 11  -  August 30, 1990

Subject:  Exercise of Retention Rights by Landowners and Award to Children Under
Section 6 of RA 6657
 

            Ministry A.O.  No. 01  -   February 27, 1985

                Subject:   Providing for a Cut-Off Date for Landowners to Apply for Retention and/or Protest the
                Coverage of their Landholdings Under Operation Land Transfer Pursuant to P.D. No. 27

 

AGRARIAN REFORM BENEFICIARIES, Identification, Screening and Selection of

A.O. No. 04 – June 16, 2008 (Effectivity Date – June 29, 2008)

Subject:  Supplemental Guidelines to DAR A.O. No. 7, Series of 2003 on the Identification, Screening
and Selection of, and Distribution to ARBs of Private Agricultural Lands Under R.A. No. 6657

 

           A.O. No. 07 – December 18, 2003 (Effectivity Date – January 8, 2004)

            Subject: Identification, Screening and Selection of, and Distribution to Agrarian Reform Beneficiaries
(ARBs) of Private Agricultural Lands Under Republic Act (R.A.) No. 6657
[Repeals A.O. No. 10, Series of 1990] [Amends/Repeals inconsistent provision
of A.O. No. 6, S. 1998 and A.O. No. 9, S. 1998]

 
AWARD TO CHILDREN

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011)

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as
amended by R.A. No. 9700

 

            A.O. No. 6 – September 6, 2006  (Effectivity Date – September 21, 2006)

Subject: Revised Guidelines on Award to Children of Landowners Pursuant to Sections 6
and 22 of Republic Act No. 6657

 

           M.C. No. 12  -  August 14, 1998

            Subject:   Retention Rights of Landowners and Award to Their Qualified Children
 

            M.C. No.  4  -  March 11, 1994 (Effectivity  Date – March 22, 1994)

            Subject:  Award to Children Under Sec. 6 & 22 of RA 6657

 

HOMESTEAD PATENTS

M.C. No. 04 – March 2, 2009

Subject:  Clarifying the Reckoning date of the 5-year Prohibitory Period of Encumbering/Alienating
Lands Acquired Through Free Patent and Homestead Patent

 

M.C. No. 4  -  May  10, 1991

Subject:  Agricultural Lands Covered by Homestead Patents Pursuant to Public Land Act  (CA No. 141)

 

The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the landowner: provided, however, that in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act. In case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a leaseholder to the land retained by the landowner. The tenant must exercise this option within a period of one (1) year from the time the landowner manifests his choice of the area for retention.

In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval of this Act shall be respected.

Upon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of possession of private lands executed by the original landowner in violation of the Act shall be null and void: provided, however, that those executed prior to this Act shall be valid only when registered with the Register of Deeds within a period of three (3) months after the effectivity of this Act. Thereafter, all Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within thirty (30) days of any transaction involving agricultural lands in excess of five (5) hectares.

 

ILLEGAL OR UNAUTHORIZED TRANSFERS/TRANSACTIONS/ANNULMENT OF DEEDS OF CONVEYANCE

                A.O. No. 08 – September 30, 2011 (Effectivity Date – October 16, 2011)

Subject:    Rules for the Coverage of CARP-Covered Lands Subject to Unauthorized Transfers or
Conveyances
 

M.C. No. 18 – August 18, 2004

Subject:  Clarificatory Guidelines on the Coverage, Acquisition and Distribution of Agricultural
Lands Subject of Conveyance Executed in Violation of Sec. 6. Par. 4 of R. A. No. 6657

M.C. No.  02   -   January 9, 2001 (Effectivity Date – January 22, 2001)

Subject:  Guidelines on Annulment of Deeds of Conveyance of Lands Covered by the Comprehensive
Agrarian Reform Program (CARP) Executed in Violation of Section 6, paragraph 4
of Republic Act (RA) No.  6657
 

TRANSACTIONS/TRANSFERS, Land

M.C. No.  02   -   January 9, 2001 (Effectivity Date – January 22, 2001)

Subject:  Guidelines on Annulment of Deeds of Conveyance of Lands Covered by the Comprehensive
Agrarian Reform Program (CARP) Executed in Violation of Section 6,
paragraph 4 of Republic Act (RA) No.  6657

 

A.O. No. 6  -  November 21, 1996 (Effectivity Date – December 9, 1996)

Subject:  Supplemental Guidelines to A.O. No. 8, Series of 1995  Re  Transferability of Awarded
Lands Awarded to ARBs Pursuant to PD 27/EO No. 228 and RA 6657

 

A.O. No. 8  -  December 18, 1995 (Effectivity Date – January 5, 1996)

Subject:  Transferability of Lands Awarded to ARBs Pursuant to PD 27 as Amended by EO No. 228 and RA 6657

 

LRA Circular No. 54  -  June 09, 1993

Subject:  Revised Guidelines on the Registration of Transactions Under the CARP

 

A.O. No. 1  -  January 03, 1989

Subject:  Rules and Procedures Governing Land Transactions

 

Ministry M.C. No. 6  -  May 28, 1986

Subject: Amending  Item 1, Par. B, Sec. III of Ministry MC No. 19-’81 by Providing
Additional Guidelines in Effecting Land Transfer Compensation Claims

 

Section 6-A. Exception to Retention Limits.  Provincial, city and municipal government, units acquiring private agricultural lands by expropriation or other modes of acquisition 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 comprehensive land use plan, shall not be subject to the five (5)-hectare retention limit under this Section and Sections 70 and 73(a) of Republic Act No. 6657, as amended: Provided, That lands subject to CARP shall first undergo the land acquisition and distribution process of the program: Provided, further, That when these lands have been subjected to expropriation, the agrarian reform beneficiaries therein shall be paid just compensation. (as added by Section 4, RA 9700)

Section 6-B. Review of Limits of Land Size. – Within six (6) months from the effectivity of this Act, the DAR shall submit a comprehensive study on the land size appropriate for each type of crop to Congress for a possible review of limits of land sizes provided in this Act. (as added by Section 4, RA 9700)


Section 7. Priorities.

 

The Department of Agrarian Reform (DAR) in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition and distribution of all agricultural lands through a period of ten (10) years from the effectivity of this Act. Lands shall be acquired and distributed as follows:

 

Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or abandoned lands; all private lands voluntarily offered by the owners for agrarian reform; all lands foreclosed by the government financial institutions; all lands acquired by the Presidential Commission on Good Government (PCGG); and all other lands owned by the government devoted to or suitable for agriculture, which shall be acquired and distributed immediately upon the effectivity of this Act, with the implementation to be completed within a period of not more than four (4) years;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30, 2014. Lands shall be acquired and distributed as follows:

Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. All private agricultural lands of landowners with aggregate landholdings in excess of fifty (50) hectares which have already been subjected to a notice of coverage issued on or before December 10, 2008; rice and corn lands under Presidential Decree No. 27; all idle or abandoned lands; all private lands voluntarily offered by the owners for agrarian reform: Provided, That with respect to voluntary land transfer, only those submitted by June 30, 2009 shall be allowed Provided, further, That after June 30, 2009, the modes of acquisition shall be limited to voluntary offer to sell and compulsory acquisition: Provided, furthermore, That all previously acquired lands wherein valuation is subject to challenge by landowners shall be completed and finally resolved pursuant to Section 17 of Republic Act No. 6657, as amended: Provided, finally, as mandated by the Constitution, Republic Act No. 6657, as amended, and Republic Act No. 3844, as amended, only farmers (tenants or lessees) and regular farmworkers actually tilling the lands, as certified under oath by the Barangay Agrarian Reform Council (BARC) and attested under oath by the landowners, are the qualified beneficiaries. The intended beneficiary 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; all lands foreclosed by government financial institutions; all lands acquired by the Presidential Commission on Good Government (PCGG); and all other lands owned by the government devoted to or suitable for agriculture, which shall be acquired and distributed immediately upon the effectivity of this Act, with the implementation to be completed by June 30, 2012;

 ACQUISITION AND DISTRIBUTION UNDER R.A. NO. 6657 AND/OR R.A. NO. 9700

A.O. No. 07 – September 30, 2011 

(Effectivity Date – October 15, 2011)

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private Agricultural
Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by
R.A. No. 9700

 

Phase Two: All alienable and disposable public agricultural lands; all arable public agricultural lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6, Article XIII of the Constitution; all public agricultural lands which are to be opened for new development and resettlement; and all private agricultural lands in excess of fifty (50) hectares, insofar as the excess hectarage is concerned, to implement principally the rights of farmers and regular farmworkers, who are the landless, to own directly or collectively the lands they till, which shall be distributed immediately upon the effectivity of this Act, with the implementation to be completed within a period of not more than four (4) years.

 

Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for purposes of agrarian reform upon the effectivity of this Act. All alienable and disposable public agricultural lands; all arable public agricultural lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6, Article XIII of the Constitution; all public agricultural lands which are to be opened for new development and resettlement: and all private agricultural lands of landowners with aggregate landholdings above twenty-four (24) hectares up to fifty (50) hectares which have already been subjected to a notice of coverage issued on or before December 1O, 2008, to implement principally the rights of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till, which shall be distributed immediately upon the effectivity of this Act, with the implementation to be completed by June 30, 2012; and

(b) All remaining private agricultural lands of landowners with aggregate landholdings in excess of twenty-four (24) hectares, regardless as to whether these have been subjected to notices of coverage or not, with the implementation to begin on July 1, 2012 and to be completed by June 30, 2013;

 

Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule:

Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule:

 

(a) Landholdings above twenty-four (24) hectares up to fifty (50) hectares, to begin on the fourth (4th) year from the effectivity of this Act and to be completed within three (3) years; and

 

(a) Lands of landowners with aggregate landholdings above ten (10) hectares up to twenty- four (24)hectares, insofar as the excess hectarage above ten (10) hectares is concerned, to begin on July 1,2012 and to be completed by June 30, 2013; and

 

(b) Landholdings from the retention limit up to twenty-four (24) hectares, to begin on the sixth (6th) year from the effectivity of this Act and to be completed within four (4) years; to implement principally the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till.

 

(b) Lands of landowners with aggregate landholdings from the retention limit up to ten (10) hectares, to begin on July 1, 2013 and to be completed by June 30, 2014; to implement principally the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till.

 

The schedule of acquisition and redistribution of all agricultural lands covered by this program shall be made in accordance with the above order of priority, which shall be provided in the implementing rules to be prepared by the Presidential Agrarian Reform Council (PARC), taking into consideration the following; the need to distribute land to the tillers at the earliest practicable time; the need to enhance agricultural productivity; and the availability of funds and resources to implement and support the program.

In any case, the PARC, upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare certain provinces or region as priority land reform areas, in which the acquisition and distribution of private agricultural lands therein may be implemented ahead of the above schedules.

 

In effecting the transfer within these guidelines, priority must be given to lands that are tenanted.

 

The PARC shall establish guidelines to implement the above priorities and distribution scheme, including the determination of who are qualified beneficiaries: provided, that an owner-tiller may be a beneficiary of the land he does not own but is actually cultivating to the extent of the difference between the area of the land he owns and the award ceiling of three (3) hectares.

 

The schedule of acquisition and redistribution of all agricultural lands covered by this program shall be made in accordance with the above order of priority, which shall be provided in the implementing rules to be prepared by the PARC, taking into consideration the following: the landholdings wherein the farmers are organized and understand, the meaning and obligations of farmland ownership; the distribution of lands to the tillers at the earliest practicable time; the enhancement of agricultural productivity; and the availability of funds and resources to implement and support the program: Provided, That the PARC shall design and conduct seminars, symposia, information campaigns, and other similar programs for farmers who are not organized or not covered by any landholdings. Completion by these farmers of the aforementioned seminars, symposia, and other similar programs shall be encouraged in the implementation of this Act particularly the provisions of this Section.

Land acquisition and distribution shall be completed by June 30, 2014 on a province-by- province basis. In any case, the PARC or the PARC Executive Committee (PARC EXCOM), upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare certain provinces as priority land reform areas, in which case 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: Provided, That notwithstanding the above schedules, phase three (b) shall not be implemented in a particular province until at least ninety percent (90%) of the provincial balance of that particular province as of January 1, 2009 under Phase One, Phase Two (a), Phase Two (b),,and Phase Three (a), excluding lands under the jurisdiction of the Department of Environment and Natural Resources (DENR), have been successfully completed.

The PARC shall establish guidelines to implement the above priorities and distribution scheme, including the determination of who are qualified beneficiaries: Provided, That an owner-tiller may be a beneficiary of the land he/she does not own but is actually cultivating to the extent of the difference between the area of the land he/she owns and the award ceiling of three (3) hectares: Provided, further, That collective ownership by the farmer beneficiaries shall be subject to Section 25 of Republic Act No. 6657, as amended: Provided, furthermore, That rural women shall be given the opportunity t o participate in the development planning and implementation of this Act: Provided, finally, That in no case should the agrarian reform beneficiaries' sex, economic, religious, social, cultural and political attributes adversely affect the distribution of lands. (as amended, Section 5, RA 9700)

 ACQUISITION AND DISTRIBUTION UNDER R.A. NO. 6657 AND/OR R.A. NO. 9700

A.O. No. 07 – September 30, 2011  (Effectivity Date – October 15, 2011)

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private Agricultural
Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by
R.A. No. 9700 

 

ASSET PRIVATIZATION TRUST (APT)/SEQUESTERED LANDS

A.O. No. 1  -  January 30, 1995 (Effectivity Date – February 17, 1995)

Subject:  Acquisition/Distribution of Agricultural Lands Subject of Sequestration/ Acquisition by the
            PCGG/APT Whose Ownership is Under Court Litigation 

PRIORITIES/PHASING 

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 5 to 6

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

M.C. No. 06 – July 15, 2011

Subject:  Clarificatory Guidelines on the Implementation of the Land Acquisition and Distribution
Phasing Under Republic Act No. 9700
 

M.C. No. 8 – October 27, 2010

Subject: Guidelines  in the  Treatment, Use  and  Updating  of  the PARC Execom-Approved
CARPER Land Acquisition and Distribution (LAD) Balance

 

M.C. No. 06 – June 24, 2010

Subject:  Clarificatory Guidelines on the Transitory Provisions of DAR A.O. No. 2, Series of 2009 

PARC Executive A.O. No. 01 – November 16, 2009

Subject:  Guidelines   Governing    Declaration    of    Certain Provinces as Priority
Land Reform Areas Pursuant to Section 5 of R.A. No. 9700
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended
by R.A. No. 9700

 

A.O. No. 05 – July 15, 2008 (Effectivity Date – July 28, 2008)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural Lands
Subject of VOS  and CA and Those Covered Under E.O. No. 407
[Amends A.O. No. 2, Series of 2005]

 

A.O. No. 04 – March 27, 2007 (Effectivity Date – April 14, 2007)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural Lands
Subject of VOS  and CA and Those Covered Under E.O. No. 407
[Amends Item IV of A.O. No. 2, Series of 2005]

 

A.O. No. 07 – September 8, 2006 (Effectivity Date – September 26, 2006)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural Lands
Subject of VOS  and CA and Those Covered Under E.O. No. 407
[Amends A.O. No. 2, Series of 2005]

 

A.O. No. 04 – August 2, 2005 (Effectivity Date – August 14, 2005)

Subject: Revised Rules Governing the Issuance of Notice of Coverage in the Acquisition of Agricultural
Lands Under R.A. No. 6657 [Revise DAR A.O. No. 1,  Series of 2003]
 

 

A.O. No. 02 – May 12, 2005 (Effectivity Date – May 26, 2005)

Subject:  Acquisition of Agricultural Lands Subject of VOS and CA and Those Covered Under
E. O. No. 407 [Repeals A.O. No. 2, Series of 1996;  A.O. No. 1, Series of 1998;
and A.O. No. 4, Series of 2000;  Amends A.O. No. 1, Series of 2003
and A.O. No. 7, Series of 2003]

 

A.O. No. 01  -  January 16, 2003 (Effectivity Date – February 6, 2003)

           Subject:  Notice of Coverage and Acquisition of Agricultural Lands Under R.A. No. 6657
                [Amend DAR A.O. No. 2, Series of 1996 and A.O. No. 1, Series of 1998]
 

A.O. No. 04  -  August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Acquisition of Agricultural Lands Subject of Voluntary Offer to Sell (VOS) and Compulsory
Acquisition (CA) [Amends A.O. No. 2, Series of 1996];  [A.O. No. 10, Series of 1998]

Section 8. Multinational Corporations. -

All lands of the public domain leased, held or possessed by multinational corporations or associations, and other lands owned by the government or by government-owned or controlled corporations, associations, institutions, or entities, devoted to existing and operational agri-business or agro-industrial enterprises, operated by multinational corporations and associations, shall be programmed for acquisition and distribution immediately upon the effectivity of this Act, with the implementation to be completed within three (3) years.

Lands covered by the paragraph immediately preceding, under lease, management, grower or service contracts, and the like, shall be disposed of as follows:

(a) Lease, management, grower or service contracts covering such lands covering an aggregate area in excess of 1,000 hectares, leased or held by foreign individuals in excess of 500 hectares are deemed amended to conform with the limits set forth in Section 3 of Article XII of the Constitution.

(b) Contracts covering areas not in excess of 1,000 hectares in the case of such corporations and associations, and 500 hectares, in the case of such individuals, shall be allowed to continue under their original terms and conditions but not beyond August 29, 1992, or their valid termination, whichever comes sooner, after which, such agreements shall continue only when confirmed by the appropriate government agency. Such contracts shall likewise continue even after the lands has been transferred to beneficiaries or awardees thereof, which transfer shall be immediately commenced and implemented and completed within the period of three (3) years mentioned in the first paragraph hereof.

(c) In no case will such leases and other agreements now being implemented extend beyond August 29, 1992, when all lands subject hereof shall have been distributed completely to qualified beneficiaries or awardees.

Such agreements can continue thereafter only under a new contract between the government or qualified beneficiaries or awardees, on the one hand, and said enterprises, on the other.

Lands leased, held or possessed by multinational corporations, owned by private individuals and private non-governmental corporations, associations, institutions and entities, citizens of the Philippines, shall be subject to immediate compulsory acquisition and distribution upon the expiration of the applicable lease, management, grower or service contract in effect as of August 29, 1987, or otherwise, upon its valid termination, whichever comes sooner, but not later than after ten (10) years following the effectivity of the Act. However during the said period of effectivity, the government shall take steps to acquire these lands for immediate distribution thereafter.

In general, lands shall be distributed directly to the individual worker-beneficiaries. In case it is not economically feasible and sound to divide the land, then they shall form a workers' cooperative or association which will deal with the corporation or business association or any other proper party for the purpose of entering into a lease or growers agreement and for all other legitimate purposes. Until a new agreement is entered into by and between the workers' cooperative or association and the corporation or business association or any other proper party, any agreement existing at the time this Act takes effect between the former and the previous landowner shall be respected by both the workers' cooperative or association and the corporation, business, association or such other proper party. In no case shall the implementation or application of this Act justify or result in the reduction of status or diminution of any benefits received or enjoyed by the worker-beneficiaries, or in which they may have a vested right, at the time this Act becomes effective.

The provisions of Section 32 of this Act, with regard to production and income-sharing shall apply to farms operated by multinational corporations.

During the transition period, the new owners shall be assisted in their efforts to learn modern technology in production. Enterprises which show a willingness and commitment and good-faith efforts to impart voluntarily such advanced technology will be given preferential treatment where feasible.

In no case shall a foreign corporation, association, entity or individual enjoy any rights or privileges better than those enjoyed by a domestic corporation, association, entity or individual.


MULTINATIONAL CORPORATIONS

A.O. No. 11  -  August 16, 1988 (Effectivity Date – September 22, 1988)

Subject:  Multinational Corporations Under Sec. 8 of RA 6657 Known as the CARL of 1988

Section 9. Ancestral Lands. -

For purposes of this Act, ancestral lands of each indigenous cultural community shall include, but not be limited to, lands in the actual, continuous and open possession and occupation of the community and its members: provided that the Torrens Systems shall be respected.

The right of these communities to their ancestral lands shall be protected to ensure their economic, social and cultural well-being. In line with the principles of self-determination and autonomy, the systems of land ownership, land use, and the modes of settling land disputes of all these communities must be recognized and respected.

Any provision of law to the contrary notwithstanding, the PARC may suspend the implementation of this Act with respect to ancestral lands for the purpose of identifying and delineating such lands: provided, that in the autonomous regions, the respective legislatures may enact their own laws on ancestral domain subject to the provisions of the Constitution and the principles enunciated in this Act and other national laws.

 


ANCESTRAL LAND/ANCESTRAL DOMAIN

            Joint DAR-NCIP Memorandum Circular No. 15 – October 29, 2003

                Subject: Temporary Suspension of Land Acquisition and Distribution (LAD), and Ancestral
                  Domain/Ancestral Land (AD/AL) Titling Activities in Contentious Areas

 

CARP BENEFICIARY CERTIFICATES  (CBCs),  Issuance of

            A.O. No.  4  -  August 20, 1996 (Effectivity Date – September 8, 1996)

            Subject: Issuance of CBCs to Indigenous Cultural Communities and Peoples Pursuant to Sec. 9 of RA 6657

 

            A.O. No.  11  -  October 2, 1991

            Subject:  Issuance of CARP Beneficiary Certificates

 

CONFLICTING JURISDICTIONS (DAR-DENR-LRA-NCIP)

 

Joint DAR-DENR-LRA-NCIP M.C. No. 01 – January 10, 2011

Subject: Creation of a Joint Task Force Which Shall Determine Policy Direction in Order to Address
Jurisdictional and Operational Issues Between the DAR, DENR, LRA and NCIP Over
Agricultural, Public, and/or Ancestral Lands
 

Joint DAR-DENR-LRA-NCIP M.C. No. 05 – May 03, 2011

Subject: Extension  of   Time  for  the  DAR-DENR-LRA-NCIP  Task  Force   to Formulate the
Joint Administrative Order in Addressing Conflicting Jurisdiction

 
CULTURAL  COMMUNITIES AND PEOPLES 

Joint DAR-NCIP Memorandum Circular No. 15 – October 29, 2003

            Subject: Temporary Suspension of Land Acquisition and Distribution (LAD), and Ancestral
              Domain/Ancestral Land (AD/AL) Titling Activities in Contentious Areas 

A.O. No.  4  -  August 20,  1996 (Effectivity Date – September 8, 1996)
Subject:  Issuance of CARP Beneficiary Certificates (CBCs) to Indigenous Cultural
Communities and Peoples Pursuant to Section 9 of  RA No. 6657
 

R.A. No.  8371   -   An Act to Recognize, Protect and Promote the Rights of Indigenous Cultural
Communities/Indigenous Peoples, Creating a National Commission on Indigenous Peoples,
Establishing Implementing Mechanisms, Appropriating Funds Therefor, and for Other Purposes
 

            DAR Opinion No. 28  (October 16, 2000)

Section 10. Exemptions and Exclusions.

Lands actually, directly and exclusively used and found to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds, and mangroves, national defense, school sites and campuses including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production centers, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed shall be exempt from the coverage of the Act.

 

(a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall be exempt from the coverage of this Act.

 

 

 

 

 

 

(b) Private lands actually, directly and exclusively used for prawn farms and fishponds shall be exempt from the coverage of this Act: Provided, That said prawn farms and fishponds have not been distributed and Certificate of Land Ownership Award (CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian Reform Program.

In cases where the fishponds or prawn farms have been subjected to the Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment or notices of compulsory acquisition, a simple and absolute majority of the actual regular workers or tenants must consent to the exemption within one (1) year from the effectivity of this Act. When the workers or tenants do not agree to this exemption, the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who shall form a cooperative or association to manage the same.

In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law, the consent of the farm workers shall no longer be necessary, however, the provision of Section 32-A hereof on incentives shall apply.

(c) Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and seedling research and pilot production center, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed, shall be exempt from the coverage of this Act. (as amended by, Section 2, RA 7881)

 

EXEMPTION, CERTIFICATE OF (Found Unsuitable for Agricultural Purposes)

M.C. No.  34  -   December 10, 1997  

Subject:   Issuance of Certificate of Exemption for Lands Subject of VOS and CA and
Found Unsuitable for Agricultural Purposes
 

EXEMPTION/EXCLUSION OF AGRICULTURAL LANDS

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011)

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 07 – September 03, 2008 (Effectivity Date – September 19, 2008)

Subject:  Guidelines Relative  to the Supreme Court Ruling on the Sutton Case      Regarding Lands
which are Actually, Directly and Exclusively Used for Livestock Raising

 

A.O. No. 01 – August 16, 2004 (Effectivity Date – September 13, 2004)

Subject:  2004 Rules and Regulations Governing the Exclusion of Agricultural Lands Used for Cattle
Raising from the Coverage of the Comprehensive Agrarian Reform Program
 

MEMORANDUM FROM THE SECRETARY – June 30, 2004

            Subject   :  Lifting of Moratorium on Conversion and Exemption Applications 

S.O. No. 453 – June 28, 2004

Subject: Modifying Special Orders Nos. 823 and 832 and Providing Guidelines for Rationalizing the
Disposition of Applications for Conversion, Exemption, Exclusion and Other Agrarian Law
Implementation (ALI) Cases and For Purposes of Ensuring the Integrity of Case Records

 

M.C. No. 10 – June 15, 2004 (Effectivity Date – June 25, 2004)

Subject:  Clarificatory Guidelines on Non-Acceptance of Application for Exemption, Exclusion, Protest,
Opposition or Petition for Lifting of CARP Coverage
 

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004 (Moratorium on the
Processing and Grant of Applications for Conversion and Exemption of All Lands Devoted to or Suitable for Agriculture)

 

M.C. No. 05 – March 03, 2004

Subject: Moratorium on the Processing and Grant of Applications for Conversion and Exemption of All
Lands Devoted to or Suitable for Agriculture
 

S.O. No. 832 – November 03, 2003

Subject:  Addendum to the Special Order No. 823 Reconstituting Center for Land Use Policy,
Planning and Implementation (CLUPPI) Secretariat 

 

S.O. No. 823 – October 27, 2003

Subject:  Reconstitution of Center for Land Use Policy, Planning and Implementation (CLUPPI) Secretariat

 

M.C. No. 14 – August 29, 2003

Subject:  Amending Memorandum Circular No. 9, Series of 1997 as Amended by MC No. 6, Series of 1998,
Restoring the Authority to Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs)
in Certain Provinces in Region IV Granted Under Administrative Order No. 9, 10 and 12, Series of
1994 and Administrative Order No. 5, Series of 1992

 

A.O. No. 04  -  January 16, 2003 (Effectivity Date – February 9, 2003)

Subject:  2003 Rules on Exemption of Lands from CARP Coverage Under Section 3 (c ) of
Republic Act No. 6657 and Department of Justice (DOJ) Opinion No. 44, series of 1990

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

A.O. No. 06  -  August 30, 2000 (Effectivity Date – September 15, 2000)

Subject:   Rules of Procedure for Agrarian Law Implementation (ALI) Cases

 

M.C. No. 16  -   August 10, 1999

Subject:   Strict  Compliance  to  the Guidelines on the Processing of Applications for
                
Exemption/Exclusion (ALI Cases)                           

 

            M.C. No.  11  -  July 22, 1998

Subject:  Amendment to M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority to
Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain
Provinces in Regions III and IV Granted Under A.O. Nos. 9,10 and 12, S. 1994
and A.O. No. 5, Series of 1992

 

            M.C. No.  6  -  March 11, 1998

Subject:  Amendment to M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority to
Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain
Provinces in Regions III and IV Granted Under A.O. No. 9 and 12, S. 1994
and A.O. No. 5, Series of 1992

 

M.C. No.  34  -   December 10, 1997 (Effectivity  Date – January 1, 1998)  

Subject:  Issuance of Certificate of Exemption for Lands Subject of VOS and
CA and Found Unsuitable for Agricultural Purposes

 

M.C. No. 32  -   Series of 1997

Subject:  Lifting Suspension of the Implementation of R.A. 7881 and its Implementing Rule

 

M.C. No.  23  -  June 02, 1997

Subject:  Amending MC 4, s. 1996, Designating a SHOPC Officer with Authority to
Approve/Disapprove Applications for Conversion/Exemption Thru the SHOPC
Per EO 184  S. 1994

 

            M. C. No. 9  -  March 13, 1997

Subject:  Recalling the Authority to Approve/Disapprove/Act on Protest Cases of RDs in
Certain Provinces in Regions III & IV Per AOs 9,10, and 12 S. ’94 & AO 5, S. 1992
 

 

M.C. No.  4  -  April 22, 1996

Subject:  Expedited Processing of Applications for Conversion & Exemption Thru the SHOPC
Per EO 184 S. ’94

 

A.O. No.  3  -  May 10, 1995 (Effectivity Date – May 26, 1995)

Subject: Exemption/Exclusion of Fishpond and Prawn Farms from CARP Coverage
Pursuant to RA 6657

 

A.O. No.  10  -  August 30, 1994 (Effectivity Date – September 30, 1994)

Subject:  Amending AO 13, S. 1990 Entitled:  Rules and Procedures  Re:  Exemption of
Lands from CARP Under Sec. 10  RA 6657, to Authorize All RDs to Hear and Decide
Applications for Exemptions for All Land Sizes

 

A.O. No. 9  -  December 27, 1993

Subject: Exclusion of Agricultural Lands Used for Livestock Poultry & Swine
Raising from CARP Coverage

 

Joint M.C. DAR-LBP-DENR-DA  -  January 27, 1992

Subject: Clarificatory Guidelines on Land Acquisition Pursuant to NIACIT Resolution No. 91-7-2

 

NIACIT Resolution No. 91-7-2

Subject: Resolution Clarifying the Guidelines on Land Acquisition to Fast Tract CARP Implementation 

A.O. No.  13  -  August 30, 1990

Subject:  Exemption of Lands from CARP Coverage Under Section 10, RA 6657

 
EXEMPTION CERTIFICATE  (Unsuitable for Agriculture)

M.C.   No. 34   -  December 10,  1997 (Effectivity  Date – January 1, 1998)  

Subject:  Issuance of Certificate of Exemption for Lands Subject of VOS and CA Found
Unsuitable for Agricultural Purposes

 
FISHPOND AND PRAWN FARMS (Exemption)

M.C. No. 32  -   Series of 1997

Subject:   Lifting the Suspension of the Implementation of R.A. No. 7881

 

A.O. No. 1  -  February 02, 1996 (Effectivity Date – July 15, 1996)

Subject: Conversion of Public Agricultural Lands to Fishponds/Prawn Farms
Pursuant to RA 6657 as Amended

 

A.O. No.  3  -  May 10, 1995 (Effectivity Date – May 26, 1995)

Subject: Exemption/Exclusion of Fishpond and Prawn Farms from CARP Coverage Pursuant to RA 6657

 

INVENTORY

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

 R.A. 7881

 

R.A. No. 7881 – February 20, 1995

Subject:  An Act Amending Certain Provisions of R.A. No. 6657 [Section 3(b), 10, 11, 32, 65 and 73]


M.C. No. 32  -  Series of  1997

Subject:  Lifting the Suspension of the Implementation of R.A. No. 7881 and its Implementing
Rule, A. O. No. 3, S. 1985

 

M.C. No. 27  -  November 20, 1995

Subject:  Suspension of the Implementation of RA 7881, Its Implementing Rule, AO No. 3,
Series of 1995, Per Supreme Court Resolution dated Nov. 13, 1995

Section 11. Commercial Farming.

Commercial farms, which are private agricultural lands devoted to commercial livestock, poultry and swine raising, and aquaculture including saltbeds, fishponds and prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber plantations, shall be subject to immediate compulsory acquisition and distribution after (10) years from the effectivity of the Act. In the case of new farms, the ten-year period shall begin from the first year of commercial production and operation, as determined by the DAR. During the ten-year period, the government shall initiate the steps necessary to acquire these lands, upon payment of just compensation for the land and the improvements thereon, preferably in favor of organized cooperatives or associations, which shall hereafter manage the said lands for the worker-beneficiaries.

 

 

If the DAR determines that the purposes for which this deferment is granted no longer exist, such areas shall automatically be subject to redistribution.

The provisions of Section 32 of the Act, with regard to production-and income-sharing, shall apply to commercial farms.

 

Commercial farms, which are private agricultural lands devoted to [REMOVES: “commercial livestock, poultry and swine raising, and aquaculture including”] saltbeds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber plantations, shall be subject to immediate compulsory acquisition and distribution after ten (10) years from the effectivity of this Act. In the case of new farms, the ten-year period shall begin from the first year of commercial production and operation, as determined by the DAR. During the ten-year period, the Government shall initiate steps necessary to acquire these lands, upon payment of just compensation for the land and the improvements thereon, preferably in favor of organized cooperatives or associations which shall thereafter manage the said lands for the workers-beneficiaries.

 

 [REMOVES: If the DAR determines that the purposes for which this deferment is granted no longer exist, such areas shall automatically be subject to redistribution.

The provisions of Section 32 of the Act, with regard to production-and income-sharing, shall apply to commercial farms.”] (as amended by Section 3, RA 7881)

 

 

 
COMMERCIAL FARMS DEFERMENT/COMMERCIAL FARMING
A. O. No.  9   -   December 23, 1998 (Effectivity Date – January 4, 1999)

Subject: Acquisition, Valuation, Compensation and Distribution of Deferred Commercial Farms

 

A.O. No. 6  -  May 4, 1998 (Effectivity Date – May 25, 1998)

Subject:  Acquisition and Distribution of Commercials Under Deferment 

 

M.C. No. 32  -   Series of 1997

Subject:   Lifting the Suspension of the Implementation of R.A. No. 7881

 

            M.C. No. 5  -  April 18, 1996

          Subject:  Guidelines Clarifying Section 3 and 6 of R.A. 7881 Relative to Applications for Commercial
Farms Deferment and the Turn-over to DAR of Foreclosed Assets of Government
Financial Institutions, Respectively

 

            A.O. No. 16  -  January 03, 1989 (Effectivity Date – January 21, 1989)

            Subject:  Implementing CARL Sec. 11 on Commercial Farming 

EXCLUSION (Livestock/Cattle Raising)

A.O. No. 07 – September 03, 2008 (Effectivity Date – September 19, 2008)

Subject: Guidelines Relative  to the Supreme Court Ruling on the Sutton Case    Regarding Lands
which are Actually, Directly and Exclusively Used for Livestock Raising
 

A.O. No. 01 – August 16, 2004 (Effectivity Date – September 13, 2004)

Subject:  Exclusion of Agricultural Lands Used for Cattle Raising from the Coverage of the Comprehensive
Agrarian Reform Program [Amends pertinent provisions of DAR A.O. No. 9, Series of 1993]
 

A.O. No. 9  -  December 27, 1993

Subject: Exclusion of Agricultural Lands Used for Livestock Poultry & Swine Raising from CARP Coverage 

LIFTING SUSPENSION (Exemption/Exclusion  -  R.A. No. 7881)

M.C. No.  32,  -  Series of 1997

Subject: Lifting the Suspension of the Implementation of R.A. No. 7881 and its Implementing
Rule, Administrative Order No. 3, Series of 1995
 

A.O. No. 3  -  May 10, 1995 (Effectivity Date – May 26, 1995)

Subject: Exemption/Exclusion of Fishpond and Prawn Farms from the Coverage of the CARL,
Pursuant to R.A. No. 6657, as Amended by R.A. No. 7881
 

MONITORING (Conversion/Exemptions/Exclusions)

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

            M.C. No. 16  -  July 18, 1996

Subject: Prescribing the Revised Guidelines in the Performance of the Regular Functions
of the Regional Planning Divisions (RPDs) and Provincial Planning, Monitoring and
Evaluation Units (PMEUs)

 

MORATORIUM (Conversion and Exemption)

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004 (Moratorium
            on the Processing and Grant of Applications for Conversion and Exemption of All Lands
Devoted to or Suitable for Agriculture) 

M.C. No. 05 – March 03, 2004

Subject: Moratorium on the Processing and Grant of Applications for Conversion and Exemption
of All Lands Devoted to or Suitable for Agriculture

PRAWN FARMS/FISHPOND (Exemption)

M.C. No. 32  -   Series of 1997

Subject:   Lifting the Suspension of the Implementation of R.A. No. 7881

 

A.O. No. 1  -  February 02, 1996 (Effectivity Date – July 15, 1996)

Subject:  Conversion of Public Agricultural Lands to Fishponds/Prawn Farms Pursuant to
RA 6657 as Amended

 

A.O. No.  3  -  May 10, 1995 (Effectivity Date – May 26, 1995)

Subject:  Exemption/Exclusion of Fishpond and Prawn Farms from CARP Coverage
Pursuant to RA 6657
 

R.A. 7881

R.A. No. 7881 – February 20, 1995

Subject:  An Act Amending Certain Provisions of R.A. No. 6657 [Section 3(b), 10, 11, 32, 65 and 73]   

M.C. No. 32  -  Series of  1997 

Subject:  Lifting the Suspension of the Implementation of R.A. No. 7881 and its
Implementing Rule, A. O. No. 3, S. 1985 

M.C. No. 27  -  November 20, 1995

Subject:  Suspension of the Implementation of RA 7881, Its Implementing Rule, AO No. 3,
Series of 1995, Per Supreme Court Resolution dated Nov. 13, 1995

 

CHAPTER III
Improvement of Tenurial and Labor Relations

Section 12. Determination of Lease Rentals. -

In order to protect and improve the tenurial and economic status of the farmers in tenanted lands under the retention limit and lands not yet acquired under this Act, the DAR is mandated to determine and fix immediately the lease rentals thereof in accordance with Section 34 of Republic Act No. 3844, as amended: provided, that the DAR shall immediately and periodically review and adjust the rental structure for different crops, including rice and corn, or different regions in order to improve progressively the conditions of the farmer, tenant or lessee.

LEAS

E RENTAL/LEASEHOLD

 

A.O. No. 2 – March 15, 2006 (Effectivity Date – March 28, 2006)

Subject:  Revised Rules and Procedures Governing Leasehold Implementation in Tenanted Agricultural Lands

 

A.O. No. 6 – December 18, 2003 (Effectivity Date – January 3, 2004)

Subject: Rules and Procedures Governing Leasehold Implementation on Tenanted Agricultural Lands

 

A.O.  No. 5  -  March 21, 1997 (Effectivity Date – April 6, 1997)

Subject:  Lease of Lands Planted to Palm Oil Trees and the Determination of Lease Rental Under Lease
Arrangement, Amending AO No. 11, Series of 1989
 

 

A.O. No. 4  -  February 07, 1997 (Effectivity Date – March 3, 1997)

Subject:  Guidelines on the Withdrawal of FBs’ Lease Rental/Amortization Payments Deposited With the LBP 

 

M.C. No. 11  -  July 12, 1994 (Effectivity  Date – July 22, 1994) 

Subject:  Lease Rental Payments Pursuant to DAR MC No. 6, Series of 1978, DAR AO No. 2, Series of 1987 and
Joint MC of the DAR, LBP and DENR dated 25 July 1990 on Lands Covered Under OLT

 

A.O. No. 5  -  May 03, 1993

Subject:  Agricultural Leasehold and the Determination of Lease Rental for Tenanted Lands 

 

A.O. No. 9  -  September 2, 1991 

Subject:  Leasehold Operations in Tenanted Coconut Lands

 

A.O. No. 4  -  March 2, 1989 (Effectivity Date – March 16, 1989)

Subject:  Agricultural Leasehold and the Determination of Lease Rental for Tenanted   Lands  

Ministry M.C. No. 10  -  December 27, 1985 

Subject: Further Amending Par. 1 of MMC No. 4-80 by Providing Additional Basis for the Issuance
of Certificate of Agricultural Leasehold
  

 

Dept. M.C. No. 6  -  February 28, 1978 

Subject:  Payment of Lease Rental/Partial Payment by FBs Under the Land Transfer Program Pursuant to PD 27

 

LEASE OF LANDS UNDER AGRIBUSINESS VENTURE ARRANGEMENT (AVA) 

A.O. No. 02 – June 16, 2008

            Subject:  Guidelines Governing Lease of Lands Under Agribusiness Venture Arrangement (AVA)
in Agrarian Reform Areas and the Determination of Lease Rental Thereof

 

PALM OIL

A.O. 5  -  March 21,  1997 (Effectivity Date – April 6, 1997)

Subject:  Lease of Lands Planted to Palm Oil Trees and the Determination of Lease Rental
Under Lease Arrangement, Amending A. O. No. 11, Series of 1988

 

SUGARCANE LANDS

A.O. No. 4  -  April 06, 1992

Subject:  Leasehold Operations in Tenanted Sugarcane Lands

 
WITHDRAWAL OF LEASE RENTALS/AMORTIZATION PAYMENTS

A. O. No. 4  -  February 7, 1997 (Effectivity Date – March 3, 1997)

Subject:  Guidelines on the Withdrawal of Farmer-Beneficiaries’ Lease Rental/Amortization
Payments Deposited with the Land Bank of the Philippines

Section 13. Production-Sharing Plan.  -

Any enterprise adopting the scheme provided for in Section 32 or operating under a production venture, lease, management contract or other similar arrangement and any farm covered by Sections 8 and 11 hereof is hereby mandated to execute within ninety (90) days from the effectivity of this Act, a production-sharing plan, under guidelines prescribed by the appropriate government agency.

Nothing herein shall be construed to sanction the diminution of any benefits such as salaries, bonuses, leaves and working conditions granted to the employee-beneficiaries under existing laws, agreements, and voluntary practice by the enterprise, nor shall the enterprise and its employee-beneficiaries be prevented from entering into any agreement with terms more favorable to the latter.

PRODUCTION AND PROFIT SHARING

A.O. No. 8  -  September 30, 1988 (Effectivity Date – January 12, 1989)

Subject:  Production and Profit Sharing Under RA 6657

 

A.O. No. 9  -  September 30, 1988 (Effectivity Date – January 12, 1989)

Subject:  Production Sharing Under EO No. 229

CHAPTER IV
Registration

Section 14. Registration of Landowners. -

Within one hundred eighty (180) days from the effectivity of this Act, all persons, natural or juridical, including government entities, that own or claim to own agricultural lands, whether in their names or in the name of others, except those who have already registered pursuant to Executive Order No. 229, who shall be entitled to such incentives as may be provided for the PARC, shall file a sworn statement in the proper assessor's office in the form to be prescribed by the DAR, stating the following information:

(a)   the description and area of the property;

 

(b)   the average gross income from the property for at least three (3) years;

 

(c)   the names of all tenants and farmworkers therein;

 

(d)   the crops planted in the property and the area covered by each crop as of June 1, 1987;

 

(e)   the terms of mortgages, lease, and management contracts subsisting as of June 1, 1987, and

 

(f) the latest declared market value of the land as determined by the city or provincial assessor.

 

Section 15. Registration of Beneficiaries. -

The DAR in coordination with the Barangay Agrarian Reform Committee (BARC) as organized in this Act, shall register all agricultural lessees, tenants and farmworkers who are qualified to be beneficiaries of the CARP. These potential beneficiaries with the assistance of the BARC and the DAR shall provide the following data:

(a) names and members of their immediate farm household;

(b) owners or administrators of the lands they work on and the length of tenurial relationship;

(c) location and area of the land they work;

(d) crops planted; and

(e) their share in the harvest or amount of rental paid or wages received.

A copy of the registry or list of all potential CARP beneficiaries in the barangay shall be posted in the barangay hall, school or other public buildings in the barangay where it shall be open to inspection by the public at all reasonable hours.

 

BENEFICIARIES, Identification, Screening, Selection and Registration of A

            A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 43 to 60

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:    Rules and Procedures Governing the Acquisition and Distribution of Agricultural
Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

A.O. No. 04 – June 16, 2008 (Effectivity Date – June 29, 2008)

            Subject:  Supplemental Guidelines to DAR Administrative Order No. 7, Series of 2003 on the
Identification, Screening and Selection of, and Distribution to Agrarian Reform Beneficiaries
(ARBs) of Private Agricultural Lands Under Republic Act No. 6657

 

            A.O. No. 07 – December 18, 2003 (Effectivity Date – January 8, 2004)

            Subject: CY 2003 Guidelines on the Identification, Screening and Selection of, and Distribution
to Agrarian Reform Beneficiaries (ARBs) of Private Agricultural Lands Under Republic
Act (R.A.) No. 6657

 

            A.O. No. 10  -  May 03, 1989

            Subject:  Registration of Beneficiaries 

IDENTIFICATION CARDS  (IDs) of ARBs

A.O. No. 03 – June 16, 2008 (Effectivity Date – June 29, 2008)

            Subject:  Guidelines Governing the ARB Carding and Identification System and Its Mainstreaming
in the Land Acquisition and Distribution Process

 

M.C. No. 04 – September 20, 2006

Subject:    Guidelines Implementing the Agrarian Reform Beneficiaries Carding and Identification
System for ARBs Covered Under LAD Targets in CY 2006 

 

A.O. No.  4  -   March  4, 1998 (Effectivity Date – March 22, 1998)

Subject:  Revision of A.O. No. 5, Series of 1996,  Re:  Rules and Procedures Governing the
Issuance of Identification Cards (IDs) to All Agrarian Reform Beneficiaries  (ARBs)

 

M.C. No. 3  -  January 15, 1997

Subject:  Workplan for the Implementation of AO 5, S. ’96

 

A.O. No.  5  -  August 28, 1996 (Effectivity Date – September 15, 1996)

Subject:  Issuance of IDs to ARBs with Registered EP, CLOA, Homestead Patent & Leasehold Contract

 

LISTASAKA

DOF M.C. No. 5  -  September 30, 1988

Subject:  LISTASAKA II ( Compulsory Registration of  Agricultural Lands Under RA 6657 

CHAPTER V
Land Acquisition

Section 16. Procedure for Acquisition of Private Lands.

 

Section 16. Procedure for Acquisition and Distribution of Private Lands. (title amended by Section 6, RA 9700)

 

For purposes of acquisition of private lands, the following procedures shall be followed:

(a) After having identified the land, the landowners and the beneficiaries, the DAR shall send its notice
to acquire the land to the owners thereof, by personal delivery or registered mail, and post the same
in a conspicuous place in the municipal building and barangay hall of the place where the property is
located. Said notice shall contain the offer of the DAR to pay a corresponding value in accordance
with the valuation set forth in Sections 17, 18, and other pertinent provisions hereof.

(b) Within thirty (30) days from the date of receipt of written notice by personal delivery or registered mail, the
landowner, his administrator or representative shall inform the DAR of his acceptance or rejection of the offer.

(c) If the landowner accepts the offer of the DAR, the Land Bank of the Philippines (LBP) shall pay the
landowner the purchase price of the land within thirty (30) days after he executes and delivers a deed
of transfer in favor of the government and surrenders the Certificate of Title and other muniments of title.

(d) In case of rejection or failure to reply, the DAR shall conduct summary administrative proceedings
to determine the compensation for the land requiring the landowner, the LBP and other interested
parties to submit evidence as to the just compensation for the land, within fifteen (15) days from
the receipt of the notice. After the expiration of the above period, the matter is deemed submitted
for decision. The DAR shall decide the case within thirty (30) days after it is submitted for decision.

ACQUISITION AND DISTRIBUTION UNDER R.A. NO. 6657 AND/OR R.A. NO. 9700

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011)

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by R.A. No. 9700  

JUST COMPENSATION, Preliminary Determination of

            M.C. No. 1  -  January 5, 1995

Subject:  Authority of the Adjudication Board to Conduct Summary Administrative Proceedings
for the Preliminary Determination of Just Compensation

 SUMMARY ADMINISTRATIVE PROCEEDINGS

            M.C. No. 1  -  January 5, 1995

Subject: Authority of the Adjudication Board to Conduct Summary Administrative Proceedings
for the Preliminary Determination of Just Compensation

 

A.O. No. 8  -  October 05, 1993 (Effectivity Date – October 24, 1993)

Subject:  Amendment to AO No. 8, s. 1991:  Amendments to AO No. 2, Series of 1991, on
Summary Administrative Proceedings on Land Compensation

 

A.O. No. 8  -  July 31, 1991

Subject:  Amendments to AO No. 2, Series of 1991, Entitled “Rules and Regulations on
Summary Administrative Proceedings on Land Compensation

 

A.O. No. 2  -  February 15, 1991

Subject:  Summary Administrative Proceedings on Land Compensation 

A.O. No. 13  -  November 08, 1989

Subject: Summary Proceedings for the Final Administrative Determination of Compensation in CA of Land

 

(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.

(f) Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation.

 

 

ACQUISITION AND DISTRIBUTION (CA & VOS) OF AGRICULTURAL LANDS

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011)

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Rules and Procedures Governing the Acquisition and Distribution of Agricultural
Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

A.O. No. 05 – July 15, 2008 (Effectivity Date – July 28, 2008)

Subject:  Amendment to DAR Administrative Order No. 2, Series of 2005, Entitled, Rules
and Procedures Governing the Acquisition of Agricultural Lands Subject of Voluntary
Offer to Sell and Compulsory Acquisition and Those Covered Under Executive Order No. 407

 

A.O. No. 04 – March 27, 2007 (Effectivity Date – April 14, 2007)

Subject:  Amendment to DAR Administrative Order No. 2, Series of 2005, Entitled, Rules and
Procedures Governing the Acquisition of Agricultural Lands Subject of Voluntary Offer to
Sell and Compulsory Acquisition and Those Covered Under Executive Order No. 407
 

 

A.O. No. 07 – September 8, 2006 (Effectivity Date – September 26, 2006)

Subject:  Amendment to DAR Administrative Order No. 2, Series of 2005, Entitled, Rules and
Procedures Governing the Acquisition of Agricultural Lands Subject of Voluntary Offer to
Sell and Compulsory Acquisition and Those Covered Under Executive Order No. 407

 

A.O. No. 02 – May 12, 2005 (Effectivity Date – May 26, 2005)

Subject:  Rules and Procedures Governing the Acquisition of Agricultural Lands Subject of
Voluntary Offer to Sell and Compulsory Acquisition and Those Covered Under Executive Order No. 407

 

A.O. No. 04  -  August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:  Revising  Administrative  Order  No. 02,  Series  of  1996  Entitled:  “Revised
Rules and Procedures Governing the Acquisition of Agricultural Lands Subject of Voluntary
Offer to Sell and Compulsory Acquisition Pursuant to Republic Act No. 6657”,
as Amended by Administrative Order No. 01, series of 1998.

 

A.O. No. 03  -  August 29, 2000 (Effectivity Date – September 17, 2000)

Subject:  Amending DAR Administrative Order No. 9, Series of 1997, “Revised Rules and
Regulations on A.O. No. 3, Series of 1996, Re:  Reconveyance of Properties Turned
Over to DAR Pursuant to E.O. No. 407, as Amended, and Lands Voluntarily Offered
Under Section 19 of R.A. No. 6657 But Found to be Outside the Coverage of CARP

 

A.O. No. 5  -  April 15, 1998 (Effectivity Date – May 11, 1998)

Subject:  Valuation of Lands Voluntarily Offered or Compulsorily Acquired Pursuant to RA No. 6657

 

A.O. No.  01  -  February 5, 1998 (Effectivity Date – February 21, 1998)

Subject:  Amendments to A. O. No. 02, Series of 1996, Entitled:  “Revised Rules and
Regulations on the Acquisition of Agricultural Lands Subject of  VOS and CA Pursuant to RA No. 6657
 

 M. C. No. 2  -  February 5, 1998 (Effectivity  Date – February 21, 1998)

Subject:  Compulsory Acquisition (CA) of Landholdings Covered by VOS  

M. C. No. 34  -  December 10, 1997 (Effectivity  Date – January 1, 1998)  

Subject:  Issuance of Certificate of Exemption for Lands Subject of VOS and CA
Found Unsuitable for Agricultural Purposes

 

A. O. No. 9  -  December  10, 1997 (Effectivity Date – December 29, 1997)

Subject:  Revised Rules and Regulations on A.O. No. 3, Series of 1996,  Re:  Reconveyance
of Properties Turned-over to DAR Pursuant to E.O. No. 407, as Amended, and Lands
Voluntarily Offered under Section 19 of R.A. No. 6657 but Found to be Outside the Coverage of CARP

 

A. O. No.  6  -  August 26, 1997 (Effectivity Date – February 12, 1997)

Subject:  Revision of A. O. No. 5, Series of 1992, Entitled:  “Clarificatory Guidelines
and Amendments to A. O. No. 9, Series of 1990”

 

A.O. No. 3  -  August 08, 1996 (Effectivity Date – August 31, 1996)

Subject: Reconveyance of Properties Turned-Over to DAR Pursuant to EO No. 407/448 and
Lands Voluntarily Offered Under Sec. 19 of RA 6657 but Found to be Outside the Coverage of CARP

 

A.O. No. 2  -  August 6, 1996 (Effectivity Date – August 25, 1996)

Subject:  Acquisition of Agricultural Lands Subject of VOS and CA Pursuant to RA 6657 

Joint DAR-LBP M.C. No. 17  -  July 12, 1995

Subject:  Supplementary Instructions to Facilitate the Acquisition and Distribution of Sugar
Estates & Other Agricultural Areas Subject of VOS/CA Per RA 6657
 

A.O. No. 11  -  September 13, 1994 (Effectivity Date – October 3, 1994)

Subject:  Valuation of Lands Voluntarily Offered or Compulsorily Acquired Under AO No. 6, S. 1992

 

M.C. No. 12  -  August 18, 1994

Subject:  Manner of Certification Required in DAR A.O. No. 1, Series of 1993, Annex “A”, Section C-6 

A.O. No. 1  -  March 18, 1993

Subject:  An Order Amending Certain Provisions of AO No. 9, Series of 1990, Entitled
“Revised Rules and Procedures Governing the Acquisition of Agricultural Lands
Subject of VOS and CA Pursuant to RA 6657

 

A.O. No. 5  -  April 06, 1992

Subject:  Clarificatory Guidelines and Amendments to A.O. No. 9, Series of 1990

 

A.O. No. 10  -  September 03, 1991

Subject:  Amending AO No. 9, Series of 1990:  Revised Rules Re:  Acquisition of Agricultural
Lands Subject of VOS and CA to Fast-Track Land Acquisition in the Strategic Operation Provinces

 

A.O. No. 9  -  August 30, 1990

Subject:  Revised Rules  Re:  Acquisition of Agricultural  Lands Subject of VOS/CA Pursuant to RA 6657

 

A. O. No. 19  -  November 6, 1989

Subject:  Revised Rules and Procedures Governing VOS Transactions and Providing a
Deadline for the Filing Thereof

 

A. O. No. 14-A  -  November 8, 1989

Subject:  Amendments to A.O. No. 3, series of 1989, Governing VOS Transactions and
Providing a Deadline for the Filing Thereof
 

A.O. No. 13  -  November 08, 1989

Subject: Summary Proceedings for the Final Administrative Determination of Compensation in CA of Land

 

A.O. No. 12  -  July 26, 1989

Subject:  CA of Agricultural Lands Under RA 6657

 

A. O. No.  3  -  February 20, 1989 (Effectivity Date – March 9, 1989)

Subject:  Rules and Procedures Governing Voluntary Offer to Sell Lands Under the CARP

 

A.O. No. 2  -  January 04, 1989 (Effectivity Date – February 9, 1989)

Subject:  CA of Private and Government-owned Agricultural Lands Under RA 6657

 

M.C. No. 11  -  December 6, 1988

Subject: Clarifying Memorandum Circular No. 8-88, Series of 1988  Re:  Valuation of Agricultural Lands
Voluntarily Offered for Sale by Landowners Pursuant to R.A. 6657
 

M. C. No.  8  -  October 14, 1988

Subject:  Amending Memorandum Circular No. 6, Series of 1988 on the Land Valuation of
Agricultural Lands Voluntarily Offered for Sale by Landowners Pursuant to RA 6657

 

REGISTRATION/TITLING/DISTRIBUTION UNDER CARP

Joint DAR-LRA M.C. No. 20  -  May 21, 1997

Subject:  Registration of EP/CLOA and CARP Monitoring and Reporting System

 

Joint DAR-LRA M.C. No.  09  -  June  14, 1996

Subject: Adoption of a Joint DAR-LRA Operations Manual on Land Titling, Registration
             and Distribution Under the CARP

 

LRA Circular No. 54  -  June 09, 1993

Subject:  Revised Guidelines on the Registration of Transactions Under the CARP

 

M.C. No.  7  -  May 26, 1993 (Effectivity  Date – June 5, 1993)  

Subject:  Distribution and Titling of Public Agricultural Lands Turned Over by the NLSF to the
DAR for Distribution Under CARP Pursuant to EO 407, S. 1990, as Amended by 448, S. 1991
& Clarified Under Memorandum Order No. 107 of the President of the Philippines
dated March 23, 1993

 

DAR-LRA Joint M.C.  -  March 11, 1993

Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land Ownership
Awards’ (CLOA) Registration and Distribution

 

A.O. No.  9  -  May 05, 1989

Subject:  Titling and Distribution of Lots in DAR Settlement Projects

 

M.C. NLTDRA  -  September 07, 1988

Subject:  Dispensing With the Tax Clearance Certificate and Copy of Polyethylene Film in EPs Registration

 STANDING CROPS

A.O. No. 08 – September 20, 2006 (Effectivity Date – October 3, 2006)

Subject:  Standing Crops on Lands Acquired by the Government Pursuant to Sections
16(e) and 28 of R.A. No. 6657

DISTRIBUTION OF LANDS UNDER THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP)

M.C. No. 03 – September 20, 2005

Subject:   Supplemental/Clarificatory Guidelines  on DAR Memorandum Circular No. 2, Series
of 2005 (Full Implementation and  Continuation of  the Land Acquisition and Distribution
Process Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series
of 2004 and the Supreme Court Ruling in the Cuenca Case)
 

M.C. No. 02 – September 16, 2005

Subject:  Full Implementation and Continuation of the Land Acquisition and Distribution Process
Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004
and the Supreme Court Ruling in the Cuenca Case
 

M.C. No. 06 – March 03, 2004

Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining Orders
Issued by the Regular Courts on Acquisition and Distribution of Lands Under the
Comprehensive Agrarian Reform Program (CARP)
 

EASEMENTS

Joint DAR-LBP M.C. No. 03  -   April 11, 1995

Subject:  Acquisition, Distribution and Compensation of Patches or Portions of Agricultural
Lands not Actually Planted to Any Crop and Lands Subject to Legal Easements

 
FORECLOSURE OF MORTGAGE/FORECLOSED ASSETS 

            M.C. No. 02 – February 2, 2010

Subject:  Amendments to Memorandum Circular No. 5, Series of 2007, entitled “Guidelines and
Procedures for the Disposal/Lease of Foreclosed Properties/Assets”

 

M.C. No. 05 – May 23, 2007

Subject: Guidelines  and  Procedures  for  the Disposal/Lease  of  Foreclosed Properties/Assets

 

A.O. No.  01  -   May 31, 2000 (Effectivity Date – June 16, 2000)

Subject:  Revised Rules and Regulations on the Acquisition of Agricultural Lands Subject
of Mortgage or Foreclosure

 

A.O.  No. 2  -  February 11,  1997 (Effectivity Date – February 28, 1997)

Subject:  Acquisition of Private Agricultural Lands Subject of Mortgage or Foreclosure of Mortgage

 

M.C. No.  5  -  April 18, 1996

Subject:  Guidelines Clarifying Sections 3 and 6 of RA 7881 Relative to Applications for
         Commercial Farm Deferment and the Turn-Over to DAR of Foreclosed
         Assets of Government Financial Institutions, Respectively

 GOVERNMENT-OWNED AGRICULTURAL LANDS, Compulsory Acquisition of

A.O. No. 2  -  January 04, 1989 (Effectivity Date – February 9, 1989)

Subject: Compulsory Acquisition of Private and Government-Owned Agricultural Lands Under RA 6657 

IDLE LANDS

           Joint DAR-LBP M.C. No. 04  -   January 16, 2001

Subject:  Guidelines in the Processing and Payment of Idle Lands With Slopes of Below
Eighteen Percent (18%)

 

A.O. No.  12  -   August 30, 1990

Subject:  Identification and Acquisition of Idle or Abandoned Lands

 

INSTALLATION

 

A.O. No. 04 (Amendment to A.O. No. 2, 2009 Re:  Installation of ARBs with Registered CLOAs

 

MORTGAGE

A.O. No.  01  -   May 31, 2000

Subject:  Revised Rules and Regulations on the Acquisition of Agricultural Lands Subject of Mortgage or Foreclosure

 

A.O. No.  2  -    February 11, 1997 (Effectivity Date – February 28, 1997)

Subject: Acquisition of Private Agricultural Lands Subject of Mortgage or Foreclosure of  Mortgage

 

M.C. No.  5  -  April 18, 1996

Subject:  Guidelines Clarifying Sections 3 and 6 of RA 7881 Relative to Applications for
Commercial Farm Deferment and the Turn-Over to DAR of Foreclosed
Assets of Government Financial Institutions, Respectively

 PINATUBO ERUPTIONS, Mt.

 

Joint DAR-LBP A.O. No. 3  -  March 04, 1994 (Effectivity Date – March 28, 1994)

Subject:  Acquisition and Distribution of Agricultural Lands Affected by the Mt. Pinatubo Eruptions 

STRATEGIC OPERATION PROVINCES, Fast Track Land Acquisition in

A.O. No.  10  -  September 03, 1991

Subject:  Amending AO No. 9, S. ’90:  Revised Rules Governing the Acquisition of Agricultural
Lands Subject of VOS and CA to RA 6657 to Fast-Track Land Acquisition the SOPs

 
SUGARCANE LANDS, Valuation of

Joint DAR-LBP M.C. No. 15  -   July 21, 1999 (Effectivity  Date – August 2, 1999)  

Subject:   Valuation Guidelines for Lands Planted to Sugarcane

 

SUGAR ESTATES/SWEET FARMS

Joint DAR-LBP M.C. No. 17  -  July 12, 1995

Subject:  Instructions to Facilitate the Acquisition/Distribution of Sugar Estates &
Other Agricultural Areas Subject of VOS/CA Pursuant to RA 6657
 

SURVEY

            M.C. No. 1  -  February 13, 1996

Subject: The Use of Internal Control Forms for Land Survey Project Management System 

Joint DAR-DENR M.C. No. 24  -  October 16, 1995

Subject:  Adopting Common Monitoring Report on Surveys, Inspection, Verification & Approval Under ARF

 

M.C. No. 18  -  July 21, 1995

Subject:  Bidding and Award of CARP Survey Projects 

M.C. No.  6  -  May 21, 1993 (Effectivity  Date – May 31, 1993)

Subject:  Pre-qualification, Public Raffle and Award of CARP Module Survey Projects 

Joint DAR-DENR M.C. No.  6  -  July 24, 1991

Subject:  Undertaking Surveys on PAL Covered the CARP

 

SURVEY SERVICES,  Requisition, Approval and Monitoring of

 

A.O. No. 09 – October 14, 2011 (Effectivity Date - October 28, 2011)

Subject: Rules for the Survey and/or Field Investigation of Landholdings Where the
Department of Agrarian Reform and the Land Bank of the Philippines are Denied Entry Thereto
  

 

CHAPTER VI
Compensation

Section 17. Determination of Just Compensation.

In determining just compensation, the cost of acquisition of the land, the current value of the like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, and the assessment made by government assessors shall be considered. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation.

 

 In determining just compensation, the cost of acquisition of the land, the value of the standing crop, the current: value of like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, the assessment made by government assessors, [ADDS “and seventy percent (70%) of the zonal valuation of the Bureau of Internal Revenue (BIR), translated into a basic formula by the DAR shall be considered, subject to the final decision of the proper court.] The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the nonpayment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. (as amended by Section 7, RA 9700)

 
COMPENSATION/VALUATION/JUST COMPENSATION OF LANDS

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011)

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private Agricultural
Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 01 – February 12, 2010 (Effectivity Date – February 28, 2010)

            Subject: Valuation and Landowners Compensation Involving Tenanted Rice and Corn Lands Under
P.D. No. 27 and E.O. No. 228
 

A.O. No. 06 – July 28, 2008 (Effectivity Date – August 9, 2008)

Subject:    Amendment to DAR Administrative Order No. 2, S. 2004 On the Grant of Increment of
Six Percent (6%) Yearly Interest Compounded Annually on Lands Covered by
Presidential Decree (PD) No. 27 and Executive Order (EO) No. 228
 

A.O. No. 02 – November 04, 2004 (Effectivity Date – December 4, 2004)

Subject:  Amendment of Administrative Order No. 13, Series of 1994 Entitled “Rules and
Regulations Governing the Grant of Increment of Six Percent (6%) Yearly Interest
Compounded Annually on Lands Covered by Presidential Decree (P.D.) No. 27
and Executive Order (E.O.) No. 228”

 

Joint DAR-DENR-LBP M.C. No. 22 – October 28, 2004 (Effectivity Date – November 9, 2004)

Subject: Acquisition, Compensation and Distribution Under the Comprehensive Agrarian Reform
Program (CARP) of Private Agricultural Lands Bordering Rivers and Other Natural Bodies of Water,
Including the Legal Easements/20-Meter Riverbank Protection;  Exclusion of Legal Easements/20-Meter
Riverbank Protection in the Distribution of DAR-Administered Public Land Bordering Such Rivers and
Natural Bodies of Water

 

Joint DAR-LBP M.C. No. 15  -   July 21, 1999

Subject:   Valuation Guidelines for Lands Planted to Sugarcane

 

M.C. No. 8   -  April 15, 1999  (Effectivity  Date – May 4, 1999)  

Subject:   Guidelines in the Valuation of Rubber Lands Covered by DARAB’s Order to Recompute 

Joint DAR-LBP  M.C. No.  7   -   April 15, 1999  (Effectivity  Date – April 30, 1999)

Subject:   Revised Valuation Guidelines for Rubber Plantations

 

A. O. No.  9   -   December 23, 1998 (Effectivity Date – January 4, 1999)

Subject: Acquisition, Valuation, Compensation and Distribution of Deferred Commercial Farms

 

A.O. No.  05  -   April 15, 1998  (Effectivity Date – May 11, 1998)

Subject:  Valuation of Lands Voluntarily Offered or Compulsorily Acquired Pursuant to
Republic Act No. 6657

 

Joint DAR-LBP M.C. No. 03  -   April 11, 1995

Subject:   Acquisition, Distribution and Compensation of Patches or Portions of Agricultural
Lands not Actually Planted to Any Crop and Lands Subject to Legal Easements

 

            M.C. No. 1  -  January 5, 1995

Subject: Authority of the Adjudication Board to Conduct Summary Administrative Proceedings
for the Preliminary Determination of Just Compensation

 

A.O. No. 13  -  October 27, 1994 (Effectivity Date – October 14, 1994)

Subject:  Grant of Increment of 6% Yearly Interest Compounded Annually on Lands Under PD 27/EO 228

 

A.O. No. 11  -  September 13, 1994 (Effectivity Date – October 23, 1994)

Subject: Revising the Rules and Regulations Covering the Valuation of Lands Voluntarily Offered
or Compulsorily Acquired as Embodied in Administrative Order No. 06, Series of 1992

 

A.O. No. 8  -  October 05, 1993 (Effectivity Date – October 24, 1993)

Subject:  Amendment to AO No. 8, s. 1991:  Amendments to AO No. 2, Series of 1991, on
Summary Administrative Proceedings on Land Compensation

 

A.O. No. 6  -  October 30, 1992

Subject:  Rules and Regulations Amending the Valuation of Lands Voluntarily Offered and
Compulsorily Acquired as Provided for Under Administrative Order No. 17, Series of
1989, as Amended, Issued Pursuant to Republic Act No. 6657

 

A.O. No. 8  -  July 31, 1991

Subject:  Amendments to AO No. 2, Series of 1991, Entitled “Rules and Regulations on Summary
Administrative Proceedings on Land Compensation

 

A.O. No. 3  -  April 25, 1991

Subject:  Rules and Regulations Amending Certain Provisions of AO 17 Which Governs the
Valuation of Lands Voluntarily Offered Pursuant to EO 229 and RA 6657 and
Compulsorily Acquired Pursuant to RA 6657

 

A.O. No. 2  -  February 15, 1991

Subject:  Summary Administrative Proceedings on Land Compensation

 

A. O. No. 17  -  Series of 1989

Subject:  Rules and Regulations Amending Valuation of Lands Voluntary Offered Pursuant
to EO 229 and R.A. 6657 and Those Compulsorily Acquired Pursuant  to R.A. 6657
 

A.O. No. 13  -  November 08, 1989

Subject: Summary Proceedings for the Final Administrative Determination of
Compensation in CA of Land

 

A. O. No. 6  -  March 8, 1989 (Effectivity Date – March 23, 1989)

Subject:  Rules and Procedures on Land Valuation and Just Compensation

 

M.C. No. 11  -  December 6, 1988

Subject: Clarifying Memorandum Circular No. 8-88, Series of 1988  Re:  Valuation
of Agricultural Lands Voluntarily Offered for Sale by Landowners Pursuant to R.A. 6657
 

M. C. No.  8  -  October 14, 1988

Subject:  Amending Memorandum Circular No. 6, Series of 1988 on the Land Valuation
of Agricultural Lands Voluntarily Offered for Sale by Landowners Pursuant to RA 6657

 

A.O. No.  6  -  March 08, 1989 (Effectivity Date – March 23, 1989)

Subject:  Land Valuation and Just Compensation

 RUBBER PLANTATIONS

            M.C. No.  8   -   April 15, 1999 (Effectivity  Date – May 4, 1999)  

Subject:   Guidelines in the Valuation of Rubber Lands Covered by DARAB’s Order to Recompute 

           Joint DAR-LBP  M.C. No.  7   -   April 15, 1999 (Effectivity  Date – April 30, 1999)
          
Subject:   Revised Valuation Guidelines for Rubber Plantations

 

UNPAID DISTRIBUTED LANDS

M.C. No. 12  -  July 23, 1993

Subject: Organization of a Joint DAR-LBP Field Task Force on Unpaid Distributed Lands Under CARP

 

VALUATION OF LANDS PLANTED WITH CAVENDISH BANANA

            Joint DAR-LBP M.C. No. 06 – June 22, 2007

Subject:  Guidelines in the Determination of Valuation Inputs for Landholdings Planted to Cavendish Banana 

VALUATION OF ROADS AND BRIDGES

M.C. No. 12 – August 12, 2003

Subject:  Dissemination of LBP Land Valuation Guideline No. 97-004 and 97-005, Series of
1997, Entitled “Valuation of Roads and Bridges”
 

VALUATION OF STANDING COMMERCIAL TREES 

Joint DAR-LBP M.C. No. 11 – May 23, 2003 (Effectivity Date – August 16, 2003)

Subject: Guidelines on the Valuation of Standing Commercial Trees that are
Considered as Improvement on the Land
 

Section 18. Valuation and Mode of Compensation. -

 

The LBP shall compensate the landowner in such amounts as may be agreed upon by the landowner and the DAR and the LBP, in accordance with the criteria provided for in Sections 16 and 17, and other pertinent provisions hereof, or as may be finally determined by the court, as the just compensation for the land.

The compensation shall be paid on one of the following modes, at the option of the landowner:

(1) Cash payment, under the following terms and conditions;

  

(a) For lands above fifty (50) hectares, insofar as the excess hectarage is concerned.

Twenty-five percent (25%) cash, the balance to be paid in government financial instruments negotiable at any time.

(b) For lands above twenty-four (24) hectares and up to fifty (50) hectares.

Thirty percent (30%) cash, the balance to be paid in government financial instruments negotiable at any time.

(c) For lands twenty-four (24) hectares and below.

Thirty-five percent (35%) cash, the balance to be paid in government financial instruments negotiable at any time.

  

(2) Shares of stock in government-owned or controlled corporations, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARC;

(3) Tax credits which can be used against any tax liability;

(4) LBP bonds, which shall have the following features:

(a) Market interest rates aligned with 91-day Treasury bill rates. Ten percent (10%) of the face value of the bonds shall mature every year from the date of issuance until the tenth (10th) year: provided, that should the landowner choose to forego the cash portion, whether in full or in part, he shall be paid correspondingly in LBP bonds;

(b) Transferability and negotiability. Such LBP bonds may be used by the landowner, his successors in interest or his assigns, up to the amount of their face value, for any of the following:

(i) Acquisition of land or other real properties of the government, including assets under the Asset Privatization Program and other assets foreclosed by government financial institutions in the same province or region where the lands for which the bonds were paid are situated;

(ii) Acquisition of shares of stock of government-owned or -controlled corporations or shares of stocks owned by the government in private corporations;

(iii) Substitution for surety or bail bonds for the provisional release of accused persons, or performance bonds;

(iv) Security for loans with any government financial institution, provided the proceeds of the loans shall be invested in an economic enterprise, preferably in a small-and medium-scale industry, in the same province or region as the land for which the bonds are paid;

(v) Payment for various taxes and fees to government; provided, that the use of these bonds for these purposes will be limited to a certain percentage of the outstanding balance of the financial instruments: provided, further, that the PARC shall determine the percentage mentioned above;

(vi) Payment for tuition fees of the immediate family of the original bondholder in government universities, colleges, trade schools, and other institutions;

(vii) Payment for fees of the immediate family of the original bondholder in government hospitals; and

(viii) Such other uses as the PARC may from time to time allow.

In case of extraordinary inflation, the PARC shall take appropriate measures to protect the economy.

 

Section 19. Incentives for Voluntary Offers for Sales. -

Landowners, other than banks and other financial institutions, who voluntarily offer their lands for sale shall be entitled to an additional five percent (5%) cash payment.


ACQUISITION AND DISTRIBUTION (CA & VOS) UNDER R.A. NO. 6657 AND/OR R.A. NO. 9700
(Almost All Guidelines on CA & VOS are Incorporated Together)

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011)

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of
Private Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Rules and Procedures Governing the Acquisition and Distribution of Agricultural
Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

A.O. No. 05 – July 15, 2008 (Effectivity Date – July 28, 2008)

Subject:  Amendment to DAR Administrative Order No. 2, Series of 2005, Entitled, Rules and
Procedures Governing the Acquisition of Agricultural Lands Subject of Voluntary Offer
to Sell and Compulsory Acquisition and Those Covered Under Executive Order No. 407

 

A.O. No. 05 – July 15, 2008 (Effectivity Date – July 28, 2008)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural
Lands Subject of VOS  and CA and Those Covered Under
E.O. No. 407 [Sec. 111.7 of DAR A.O. No. 2, Series of 2005]

 

A.O. No. 04 – March 27, 2007 (Effectivity Date – April 14, 2007)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural
Lands Subject of VOS  and CA and Those Covered Under
E.O. No. 407 [Amends Item IV.c.12 of DAR A.O. No. 2, Series of 2005]

 

A.O. No. 07 – September 8, 2006 (Effectivity Date – September 26, 2006)

Subject:  Amendment to DAR A.O. No. 2, Series of 2005, Entitled, Acquisition of Agricultural
Lands Subject of VOS  and CA and Those Covered
Under E.O. No. 407 [Amends DAR A.O. No. 2, Series of 2005 is amended]

 

A.O. No. 04 – August 2, 2005 (Effectivity Date – August 14, 2005)

Subject: Revised Rules Governing the Issuance of Notice of Coverage in the
Acquisition of Agricultural Lands Under
R.A. No. 6657 [Supersedes DAR A.O. No. 1, Series of 2003]

 

A.O. No. 02 – May 12, 2005 (Effectivity Date – May 26, 2005)

Subject:   Rules and Procedures Governing the Acquisition of Agricultural Lands
Subject of VOS and CA and Those Covered Under
E. O. No. 407 [Repeal A.O. No. 2, Series of 1996;  A.O. No. 1, Series of 1998; 
A.O. No. 100-4, Series of 2000
and amends A.O. No. 1, Series of 2003;  A.O. No. 7, Series of 2003]

 

A.O. No. 01  -  January 16, 2003 (Effectivity Date – February 6, 2003)

Subject: 2003 Rules Governing Issuance of Notice of Coverage and Acquisition
            of Agricultural Lands Under R.A. No. 6657 [Amends
             DAR A.O. No. 2, Series of 1996 and   A.O. No. 1, Series of 1998]

 

A.O. No. 04  -  August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Revising Administrative Order No. 02, Series of 196 Entitled:  “Revised
Rules and Procedures Governing the Acquisition of Agricultural Lands Subject of
Voluntary Offer to Sell and Compulsory Acquisition Pursuant to Republic Act
No. 6657”, as Amended by Administrative Order No. 01, series of 1998.
 

A.O. No. 03  -  August 29, 2000 (Effectivity Date – September 17, 2000)

Subject:  Amending DAR Administrative Order No. 9, Series of 1997, “Revised
Rules and Regulations on A.O. No. 3, Series of 1996, Re:  Reconveyance of Properties
Turned Over to DAR Pursuant to E.O. No. 407, as Amended, and Lands
Voluntarily Offered Under Section 19 of R.A. No. 6657 But Found
to be Outside the Coverage of CARP

 

A. O. No.  5  -  April 15, 1998 (Effectivity Date – May 11, 1998)

Subject: Revised Rules and Regulations Governing the Valuation of Lands Voluntarily
Offered or Compulsorily Acquired Pursuant to Republic Act No. 6657

 

A.O. No.  01  -  February 5, 1998 (Effectivity Date – February 21, 1998)

Subject:  Amendments to A. O. No. 02, Series of 1996, Entitled:  “Revised Rules and
Regulations on the Acquisition of Agricultural Lands Subject of
VOS and CA Pursuant to RA No. 6657

 

M.C. No.  2  -  February 5, 1998

Subject: Compulsory Acquisition (CA) of Landholdings Covered by Voluntary Offer to Sell (VOS)

 

A.O. No. 9  -  December  10, 1997 (Effectivity Date – December 29, 1997)

Subject:  Revised Rules and Regulations on A.O. No. 3, Series of 1996,  Re:  Reconveyance
of Properties Turned-over to DAR Pursuant to E.O. No. 407, as Amended, and Lands
Voluntarily Offered under Section 19 of R.A. No. 6657 but Found to be Outside the Coverage of CARP

 

M.C. No. 34  -  December 10, 1997

Subject:  Issuance of Certificate of Exemption for Lands Subject of Voluntary Offer to
Sell (VOS) and Compulsory Acquisition (CA) Found Unsuitable for Agricultural Purposes

 

A.O. No.  6  -  August 26, 1997 (Effectivity Date – February 12, 1997)

Subject:  Revision of  A. O. No. 5, Series of 1992, Entitled:  “Clarificatory Guidelines
and Amendments to A. O. No. 09, Series of 1990

 

A.O. No. 3  -  August 08, 1996 (Effectivity Date – August 31, 1996)

Subject: Reconveyance of Properties Turned-Over to DAR Pursuant to EO No. 407/448 and Lands
Voluntarily Offered Under Sec. 19 of RA 6657 but Found to be Outside the Coverage of CARP
 

A.O. No.  2  -  August  06, 1996 (Effectivity Date – August 25, 1996)

Subject: Revised Rules and Procedures Governing the Acquisition of Agricultural Lands Subject
of Voluntary Offer to Sell and Compulsory Acquisition Pursuant to Republic Act No. 6657

 

Joint DAR-LBP M.C. No. 17  -  July 12, 1995

Subject:  Supplementary Instructions to Facilitate the Acquisition and Distribution of Sugar
Estates and Other Agricultural Areas Therein Subject of Voluntary Offer to Sell  (VOS)
and Compulsory Acquisition (CA) Pursuant to R.A. No. 6657

 

A.O. No.  11  -  September 13, 1994 (Effectivity Date – October 3, 1994)

Subject:  Revising the Rules and Regulations Covering the Valuation of Lands Voluntarily Offered
or Compulsorily Acquired as Embodied in A.O. No. 06, Series of 1992
 

M.C. No. 12  -  August 18, 1994

Subject: Prescribing the Manner of Certification Required in DAR Administrative Order No. 01,
Series of 1993, Annex “A”, Section C-6

 

A.O. No. 1  -  March 18, 1993

Subject:  An Order Amending Certain Provisions of A. O. No. 9, S. ’90, Entitled:
“Revised Rules and Procedures Governing the Acquisition of Agricultural Lands Subject of
Voluntary Offer to Sell and Compulsory Acquisition Pursuant to RA 6657

 

A.O. No. 5  -  April 6, 1992

Subject:  Clarificatory Guidelines and Amendments to A.O. No. 9, S. ‘90

 

A.O. No. 10  -  September 03, 1991

Subject: Amending A. O. No. 9, S. ’90, Entitled:  “Revised Rules Governing the Acquisition of Agricultural
Lands Subject of VOS and CA to RA 6657, to Fast-Track Land
Acquisition in the Strategic Operation Provinces

 

A.O. No. 9  -  August 30, 1990

Subject:  Revised Rules Governing the Acquisition of Agricultural Lands Subject of
VOS and CA Pursuant to RA 6657

 

A.O. No. 19  -  November 6, 1989

Subject:  Revised Rules and Procedures Governing VOS Transactions and Providing a
Deadline for the Filing Thereof
 

 

A.O. No. 14-A  -  November 8, 1989

Subject:  Amendments to A.O. No. 3, series of 1989, Governing VOS Transactions and Providing
a Deadline for the Filing Thereof

 

A.O. No.  3  -  February 20, 1989 (Effectivity Date – March 9, 1989)

Subject:  Rules and Procedures Governing Voluntary Offer to Sell Lands Under the CARP

 

M.C. No. 11  -  December 6, 1988

Subject: Clarifying Memorandum Circular No. 8-88, Series of 1988  Re:  Valuation of Agricultural
Lands Voluntarily Offered for Sale by Landowners Pursuant to R.A. 6657
 

M.C. No.  8  -  October 14, 1988

Subject:  Amending Memorandum Circular No. 6, Series of 1988 on the Land Valuation of Agricultural
Lands Voluntarily Offered for Sale by Landowners Pursuant to RA 6657

 
WITHDRAWAL OF VOS

A.O. No. 6  -  August  26, 1997 (Effectivity Date – February 12, 1997)

Subject: Revision of A. O. No. 5, S. ’92, Entitled:  “Clarificatory Guidelines and
Amendments to A. O. No. 9, S. ‘90

 

A. O. No. 5  -  April 06, 1992

Subject:  Clarificatory Guidelines and Amendments to A. O. 9, S. ‘90

 

A.O. No. 9  -  August 30, 1990

Subject:  Revised Rules Governing the Acquisition of Agricultural Lands Subject of
VOS and CA Pursuant to RA 6657

Section 20. Voluntary Land Transfer. -

Landowners of agricultural lands subject to acquisition under this Act may enter into a voluntary arrangement for direct transfer of their lands to qualified beneficiaries subject to the following guidelines:

(a) All notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP. Negotiations between the landowners and qualified beneficiaries covering any voluntary land transfer which remain unresolved after one (1) year shall not be recognized and such land shall instead be acquired by the government and transferred pursuant to this Act.

(b) The terms and conditions of such transfer shall not be less favorable to the transferee than those of the government's standing offer to purchase from the landowner and to resell to the beneficiaries, if such offers have been made and are fully known to both parties.

(c) The voluntary agreement shall include sanctions for non-compliance by either party and shall be duly recorded and its implementation monitored by the DAR.


 

VOLUNTARY LAND TRANSFER/DIRECT PAYMENT SCHEME (VLT-DPS)

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Section 26

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

A.O. No. 08 – December 23, 2003 (Effectivity Date – January 10, 2004)

Subject: 2003 Guidelines on the Acquisition and Distribution of Compensable Agricultural
Lands Under Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS)

 

A.O. No. 08  -  December 10, 1997 (Effectivity Date – December 28, 1997)

Subject: Revised Guidelines on the Acquisition and Distribution of Compensable Agricultural
Lands Under VLT/DPS

 

A.O. No. 2  -  May 10, 1995 (Effectivity Date – May 23, 1995)

Subject: Acquisition of Private Agricultural Lands Subject of VLT/DPS Pursuant     to RA 6657

 

A.O. No. 13  -  November 21, 1991

Subject:  Rules and Procedures Governing VLT/DPS Pursuant to Section 20 and 21 of RA 6657

Section 21. Payment of Compensation by Beneficiaries Under Voluntary Land Transfer. -

Direct payments in cash or in kind may be by the farmer-beneficiary to the landowner under terms to be mutually agreed upon by both parties, which shall be binding upon them, upon registration with the approval by the DAR. Said approval shall be considered given, unless notice of disapproval is received by the farmer-beneficiary within thirty (30) days from the date of registration.

In the event they cannot agree on the price of land, the procedure for compulsory acquisition as provided in Section 16 shall apply. The LBP shall extend financing to the beneficiaries for purposes of acquiring the land.

 VLT/DPS, Acquisition and Distribution of Compensable Agricultural Lands Under

A.O. No. 08 – December 23, 2003 (Effectivity Date – January 4, 2004)

Subject:            2003 Guidelines on the Acquisition and Distribution of Compensable Agricultural
Lands Under Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS)

CHAPTER VII
Land
Redistribution

Section 22. Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:

(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.

Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents: and provided, further, that actual tenant-tillers in the landholdings shall not be ejected or removed therefrom.

Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their land are disqualified to become beneficiaries under this Program.

A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. The DAR shall adopt a system of monitoring the record or performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit periodic reports on the performance of the beneficiaries to the PARC.

If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to accommodate any or some of them, they may be granted ownership of other lands available for distribution under this Act, at the option of the beneficiaries.

Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain.


AGRARIAN REFORM BENEFICIARIES, Identification, Screening and Selection of

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 43 to 60

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

A.O. No. 04 – June 16, 2008 (Effectivity Date – June 29, 2008)

Subject:  Supplemental Guidelines to DAR A.O. No. 7, Series of 2003 on the Identification,
Screening and Selection of, and Distribution to ARBs of Private Agricultural Lands Under R.A. No. 6657

 

            A.O. No. 07 – December 18, 2003 (Effectivity Date – January 8, 2004)

            Subject: Identification, Screening and Selection of, and Distribution to Agrarian Reform Beneficiaries
(ARBs) of Private Agricultural Lands Under Republic Act (R.A.) No. 6657
[Repeals A.O. No. 10, Series of 1990] [Amends/Repeals inconsistent provision
of A.O. No. 6, S. 1998 and A.O. No. 9, S. 1998]

 

            A.O. No. 10  -  May 03, 1989

            Subject:  Registration of Beneficiaries

 
AWARD TO CHILDREN

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Section 46

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

            A.O. No. 6 – September 6, 2006 (Effectivity Date – September 21, 2006)

Subject: Revised Guidelines on Award to Children of Landowners Pursuant to Sections
6 and 22 of Republic Act No. 6657

 

            M.C. No. 12  -  August 14, 1998

            Subject:   Retention Rights of Landowners and Award to Their Qualified Children         

 

            M.C. No.  4  -  March 11, 1994  (Effectivity  Date – March 22, 1994)  

            Subject:  Award to Children Under Sec. 6 & 22 of RA 6657 

IDENTIFICATION CARDS  (IDs)

A.O. No. 03 – June 16, 2008 (Effectivity Date – June 29, 2008)

            Subject:  Guidelines Governing the ARB Carding and Identification System and Its Mainstreaming
in the Land Acquisition and Distribution Process

 

M.C. No. 04 – September 20, 2006

Subject:    Guidelines Implementing the Agrarian Reform Beneficiaries Carding and Identification
System for ARBs Covered Under LAD Targets in CY 2006 

 

A.O. No.  4  -   March  4, 1998 (Effectivity Date – March 22, 1998)

Subject:  Revision of A.O. No. 5, Series of 1996,  Re:  Rules and Procedures Governing the Issuance
of Identification Cards (IDs) to All Agrarian Reform Beneficiaries  (ARBs)

 

M.C. No. 3  -  January 15, 1997

Subject:  Workplan for the Implementation of AO 5, S. ’96

 

A.O. No.  5  -  August 28, 1996 (Effectivity Date – September 15, 1996)

Subject:  Issuance of IDs to ARBs with Registered EP, CLOA, Homestead Patent & Leasehold Contract 

UNLAWFUL ACTS AND OMISSIONS/VIOLATIONS OR CIRCUMVENTIONS OF ARBs

M.C. No. 19  -  August 8, 1996  (Effectivity  Date – August 26, 1996)

Subject:  Guidelines and Procedures Governing the Monitoring of Violations or Circumventions
Committed by the Agrarian Reform Beneficiaries (ARBs), Providing Sanctions Therefor
and Filing of Appropriate Administrative, Quasi-Judicial and/or Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject:  Correction and Cancellation of Registered/Unregistered EPs, and CLOAs Due
to Unlawful Acts and Omissions or Breach of  Obligations of ARBs

 

Section 22-A. Order of Priority. - A landholding of a landowner shall be distributed first to qualified beneficiaries under Section 22, subparagraphs (a) and (b) of that same landholding up to a maximum of three (3) hectares each. Only when these beneficiaries have all received three (3) hectares each, shall the remaining portion of the landholding, if any, be distributed to other beneficiaries under Section 22, subparagraphs (c), (d), (e), (f), and (g). (as added by Section 8, RA 9700)

 

  Section 23. Distribution Limit. -

No qualified beneficiary may own more than three (3) hectares of agricultural land.


DISTRIBUTION OF CARP-COVERED LANDS

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 91 to 107

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended
by R.A. No. 9700

 

Joint DAR-DENR-LBP M.C. No. 22 – October 28, 2004 (Effectivity Date – November 9, 2004)

Subject: Acquisition, Compensation and Distribution Under the Comprehensive Agrarian
Reform Program (CARP) of Private Agricultural Lands Bordering Rivers and Other
Natural Bodies of Water, Including the Legal Easements/20-Meter Riverbank Protection;
Exclusion of Legal Easements/20-Meter Riverbank Protection in the Distribution
of DAR-Administered Public Land Bordering Such Rivers and Natural Bodies of Water
 

M.C. No. 03 – September 20, 2005

Subject:   Supplemental/Clarificatory Guidelines  on DAR Memorandum Circular No. 2, Series
of 2005 (Full Implementation and  Continuation of  the Land Acquisition and Distribution
Process Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series
of 2004 and the Supreme Court Ruling in the Cuenca Case)
 

M.C. No. 02 – September 16, 2005

Subject:  Full Implementation and Continuation of the Land Acquisition and Distribution Process
Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004
and the Supreme Court Ruling in the Cuenca Case
 

M.C. No. 06 – March 03, 2004

Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining Orders
Issued by the Regular Courts on Acquisition and Distribution of Lands Under the
Comprehensive Agrarian Reform Program (CARP)

 
A.O. No.  9   -   December 23, 1998 (Effectivity Date – January 4, 1999)

Subject: Acquisition, Valuation, Compensation and Distribution of Deferred Commercial Farms

 

A.O. No. 6  -  May  4, 1998 (Effectivity Date – May 25, 1998)

Subject:  Acquisition and Distribution of Commercial Farms Under Deferment 

A.O. No.  8   -  December 10, 1997 (Effectivity Date – December 28, 1997)

Subject: Acquisition and Distribution of Compensable Agricultural Lands Under Voluntary
            Land Transfer/Direct Payment Scheme  (VLT/DPS)

 

Joint DAR-LBP M.C. No. 30  -  October 21, 1997

            Subject:  Land Distribution and Information Schedule

 

Joint DAR-LRA M.C. No.  09  -  June  14, 1996

Subject: Adoption of a Joint DAR-LRA Operations Manual on Land Titling,
            Registration and Distribution Under the CARP

 

Joint DAR-LBP M.C. No. 17  -  July 12, 1995

Subject: Supplementary Instructions to Facilitate the Acquisition/Distribution of Sugar Estates
& Other Agricultural Areas Subject of VOS/CA Pursuant to RA 6657

 

Joint DAR-LBP M.C. No. 03  -   April 11, 1995

Subject:  Acquisition, Distribution and Compensation of Patches or Portions of Agricultural
Lands not Actually Planted to Any Crop and Lands Subject to Legal Easements

 

A.O. No.  1  -  January 30, 1995 (Effectivity Date – February 17, 1995)

Subject: Acquisition/Distribution of All Agricultural Lands Subject of Sequestration/Acquisition
by the PCGG/APT Whose Ownership is Under Court Litigation

 

Joint DAR-LBP A.O. No. 3  -  March 04, 1994 (Effectivity Date – March 28, 1994)

Subject: Acquisition and Distribution of Agricultural Lands Affected by the Mt. Pinatubo Eruptions

 

DAR-LRA Joint M.C.  -  March 11, 1993

Subject:  EP Monitoring and CLOAs Registration/Distribution

 

A.O. No.  2  -  April 16, 1993

Subject: Supplemental Guidelines on AO 10, S. 1990, and Other Issuances on the Rights of Farmworkers

 

A.O. No. 12  -  November 21, 1991

Subject:  Acquisition/Distribution of Homelots Under CARP

 

Joint DAR-DA A.O. No. 5  -  June  1991

Subject: Distribution of Cancelled or Expired FLAs Under EO 407 as Amended by EO 448

 

A.O. No. 10  -  August 30, 1990

Subject:  Distribution of Private Agricultural Lands to Agrarian Reform Beneficiaries Under RA 6657 

DISTRIBUTION/REGISTRATION of EP/CLOA, Monitoring of

DAR-LRA Joint M.C.  -  March 11, 1993

Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land Ownership Awards’
(CLOA) Registration and Distribution
           

DISTRIBUTION AND TITLING OF NLSF LANDS

M.C. No.  7  -  May 26, 1993  (Effectivity  Date – June 5, 1993)

Subject:  Distribution and Titling of Public Agricultural Lands Turned Over by the NLSF to the
DAR for Distribution Under CARP Pursuant to EO 407, S. 1990, as Amended by 448,
S. 1991 & Clarified Under Memorandum Order No. 107 of the President
of the Philippines dated March 23, 1993

 

EXCESS AREA, Disposition of

            A.O. No. 07 – December 18, 2003 (Effectivity Date – January 8, 2004)

            Subject: CY 2003 Guidelines on the Identification, Screening and Selection of, and Distribution
to Agrarian Reform Beneficiaries (ARBs) of Private Agricultural Lands Under Republic Act (R.A.) No. 6657

 

Ministry M.C. No. 4  -  May 07, 1986

Subject:  Disposition of Excess Areas Under AO No. 3-’85 

 

A.O. No.  3  -  July 24, 1985

Subject:  Disposition of Farmlots Containing Areas in Excess of That Prescribed for Economic Family-Size Farms.

 
UNPAID DISTRIBUTED LANDS

M.C. No. 12  -  July 23, 1993

Subject: Organization of a Joint DAR-LBP Field Task Force on Unpaid Distributed Lands Under CARP

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.

 

The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines: Provided, That the emancipation patents, the certificates of land ownership award, and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Office of the Registry of Deeds, subject to the conditions, limitations and qualifications of this Act, the property registration decree, and other pertinent laws. The emancipation patents or the certificates of land ownership award being titles brought under the operation of the Torrens system, are conferred with the same indefeasibility and security afforded to all titles under the said system, as provided for by Presidential Decree No. 1529, as amended by Republic Act No. 6732.

It is the ministerial duty of the Registry of Deeds to register the title of the land in the name of the Republic of the Philippines, after the Land Bank of the Philippines (LBP) has certified that the necessary deposit in the name of the landowner constituting full payment in cash or in bond with due notice to the landowner and the registration of the certificate of land ownership award issued to the beneficiaries, and to cancel previous titles pertaining thereto.

Identified and qualified agrarian reform beneficiaries, based on Section 22 of Republic Act No. 6657, as, amended, shall have usufructuary rights over the awarded land as soon as the DAR takes possession of such land, and such right shall not be diminished even pending the awarding of the emancipation patent or the certificate of land ownership award.

All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR. (as amended by Section 9, RA 9700)

 

 BREACH OF OBLIGATIONS OF ARBs

M.C. No. 19  -  August 8, 1996  (Effectivity  Date – August 26, 1996)

Subject:  Guidelines and Procedures Governing the Monitoring of Violations or Circumventions
Committed by the Agrarian Reform Beneficiaries (ARBs), Providing Sanctions
Therefor and Filing of Appropriate Administrative, Quasi-Judicial and/or Criminal Actions
 

A.O. No. 2  -  March 07, 1994

Subject:  Correction and Cancellation of Registered/Unregistered EPs, and CLOAs Due
to Unlawful Acts and Omissions or Breach of  Obligations of ARBs
 

CANCELLATION OF REGISTERED cloas, EPs and other titles

 

            Memorandum from the Undersecretary of LAO No. 308 – October 7, 2011

          Subject:  Further Clarification on the Revised Cancellation Rules

 

            M.C. No. 12 – October 5, 2011 (Effectivity Date – October 6, 2011)

Subject:  Case Control Number System for Cancellation Cases

           

            Memorandum from the Undersecretary of LAO No. 302  - October 5, 2011

Subject:  Transitional  Issues  and  Clarifications  on  the  2011  Revised  Rules and Procedures
Governing the Cancellation of Registered Emancipation Patents (EPs), Certificates
of Landownership Award (CLOAs), and Other Titles Issued Under Any Agrarian Reform Program

           

            M.C. No. 11 – October 3, 2011 (Effectivity Date – October 6, 2011)

Subject:  Suspension of Certain Provisions of Administrative Order No. 06, Series of 2011
for the Purposes of Transitioning from the Old Cancellation Rules to the New One

 

            Memorandum from the LAO Undersecretary No. 288 – September 28, 2011

            Subject:  Regarding  the 2011 Revised  Rules and Procedures Governing the
Cancellation of Registered EPs, CLOAs and Other Titles Issued Under Any Agrarian Reform Program

 

            A.O. No. 06 – September 21, 2011 (Effectivity Date – October 6, 2011)

Subject:    The 2011 Revised Rules and Procedures Governing the Cancellation of Registered
Emancipation Patents (EPs), Certificates of Landownership Award (CLOAs),
and Other Titles Issued Under Any Agrarian Reform Program

           

            A.O. No. 3 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:    Cancellation of Registered Certificates of Land Ownership Award (CLOAs),
Emancipation Patents (EPs), and Other Titles Issued Under Any Agrarian Reform Program
 

CERTIFICATE OF LAND OWNERSHIP AWARD  (CLOAs)/EMANCIPATION PATENTS (EPs)

            Joint DAR-LBP M.C. No. 11, Series of 2008

            Subject:  Turn-Over of Original Owner’s Duplicate Copy (ODC) of CLOA or EP Title to LBP 

M.C. No. 19 – August 16, 2004

Subject:  Reaffirming the Indefeasibility of Emancipation Patents (EPs) and Certificate of
Land Ownership Awards (CLOAs) as Titles Under the Torrens System
 

M.C. No. 16 – December 12, 2003

Subject: 2003 Systems and Procedures for the Requisition, Issuance, Utilization and
Accounting of EP/CLOA Judicial Forms and the Utilization and Control of
Signing and Sealing Machines

 

M.C. No. 20  -   May 21, 1997

Subject:  DAR-LRA Operational Guidelines on the Registration of EP/CLOA and
CARP Monitoring & Reporting System

 

M.C. No. 24  -  October 11, 1996

Subject:  Amendment to M. C. No. 14, Series of 1994 Entitled:  “Additional Measures
to be Observed in the Preparation of Collective Certificates of Land Ownership
Awards (Collective CLOAs) Described in DAR A. O. No. 3, Series of 1993”

 

M.C. No. 19  -  August 08, 1996 (Effectivity  Date – August 26, 1996)

Subject:  Monitoring of Violations/Circumventions Committed by ARBs, Providing
Sanctions and Filing of Appropriate Administrative and/or Criminal Actions

 

Joint DAR-LRA M.C. No.  09  -  June 14, 1996

Subject:  Adoption of a Joint DAR-LRA Operations Manual on Land Titling, Registration
and Distribution Under the CARP

 

M.C. No.  14  -  August 30, 1994

            Subject: Additional Measures to be Observed in the Preparation of Collective CLOAs as
Described in DAR AO No. 3, Series of 1993

 

A.O. No.  02  -  March  07, 1994

Subject: Correction and Cancellation of Registered/Unregistered EPs and CLOAs
Due to Unlawful Acts and Omissions or Breach of Obligations of ARBs and Other Causes

 

A.O. No.  3  -  April 16, 1993

Subject:  Issuance of Collective CLOAs and Subsequent Issuance of Individual Titles to Co-owners

 

DAR-LRA Joint M.C.  -  March  11, 1993

Subject:  EP Monitoring & Registration/Distribution of CLOA

 
COLLECTIVE CLOA

          M.C. No.  24  -  October 11, 1996

            Subject:  Amendment to M.C. No. 14, S. 1994:  “Additional Measures to be Observed
in the Preparation of Collective Certificates of Land Ownership Awards Described
in DAR Administrative Order No. 3, Series of 1993”

 

          M.C. No.  14  -  August 30, 1994

            Subject:  Additional Measures to be Observed in the Preparation of Collective CLOAs as
Described in DAR AO No. 3, Series of 1993

 

            A.O. No. 3  -  April 16, 1993

            Subject:  Issuance of Collective CLOAs and Subsequent Issuance of Individual Titles to Co-owners

 

CORRECTION AND CANCELLATION OF REGISTERED/UNREGISTERED EPs and CLOAs

M.C. No. 19  -  August 08, 1996

Subject: Monitoring of Violations or Circumventions Committed by the ARBs, Providing
Sanctions and Filing  of Appropriate Administrative/Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject: Correction and Cancellation of Registered/Unregistered EPs, and CLOAs
Due to Unlawful Acts and Omissions or Breach of  Obligations of ARBs
 

EP/CLOA Registration/Distribution,  Monitoring of

            M.C. No. 16 – December 12, 2003

Subject: 2003 Systems and Procedures for the Requisition, Issuance, Utilization and
Accounting of EP/CLOA Judicial Forms and the Utilization and Control of Signing and Sealing Machines

 

DAR-LRA Joint M.C.  -  March 11, 1993

Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land Ownership
Awards’ (CLOA) Registration and Distribution

 
REGISTRATION/DISTRIBUTION OF EP/CLOA

Joint DAR-LRA M.C. No. 20  -  May 21, 1997

Subject:  Registration of EP/CLOA and CARP Monitoring and Reporting System

 

Joint DAR-LRA M.C. No.  09  -  June  14, 1996

Subject: Adoption of a Joint DAR-LRA Operations Manual on Land Titling,
            Registration and Distribution Under the CARP

 

DAR-LRA Joint M.C.  -  March 11, 1993

Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land
Ownership Awards’ (CLOA) Registration and Distribution

 

M.C. NLTDRA  -  September 07, 1988

Subject:  Dispensing With the Tax Clearance Certificate and Copy of Polyethylene
Film in EPs Registration
 

 

REGISTRATION OF TRANSACTIONS under CARP

Joint DAR-LRA M.C. No.  09  -  June  14, 1996

Subject: Adoption of a Joint DAR-LRA Operations Manual on Land Titling,
              Registration and Distribution Under the CARP

 

LRA Circular No. 54  -  June 09, 1993

Subject:  Revised Guidelines on the Registration of Transactions Under the CARP 

REQUISITION, ISSUANCE, UTILIZATION AND ACCOUNTING OF EP/CLOA JUDICIAL FORMS

            M.C. No. 16 – December 12, 2003

Subject: 2003 Systems and Procedures for the Requisition, Issuance, Utilization and Accounting
of EP/CLOA Judicial Forms and the Utilization and Control of Signing and Sealing Machines

 

TITLING, REGISTRATION AND DISTRIBUTION UNDER CARP

Joint DAR-LRA M.C. No.  09  -  June  14, 1996

Subject:  Adoption of a Joint DAR-LRA Operations Manual on Land Titling,
            Registration and Distribution Under the CARP

 

M.C. No.  7  -  May 26, 1993 (Effectivity  Date – June 5, 1993)

Subject:  Distribution and Titling of Public Agricultural Lands Turned Over by the NLSF to
the DAR for Distribution Under CARP Pursuant to EO 407, S. 1990, as Amended by 448,
S. 1991 & Clarified Under Memorandum Order No. 107 of the President of the
Philippines dated March 23, 1993

 

A.O. No.  9  -  May 05, 1989

Subject:  Titling and Distribution of Lots in DAR Settlement Projects

Section 25. Award Ceilings for Beneficiaries.

Beneficiaries shall be awarded an area not exceeding three (3) hectares which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits.

 

 

 

For purposes of this Act, a landless beneficiary is one who owns less than three (3) hectares of agricultural land.

The beneficiaries may opt for collective ownership, such as co-ownership or farmers cooperative or some other form of collective organization: provided, that the total area that may be awarded shall not exceed the total number of co-owners or member of the cooperative or collective organization multiplied by the award limit above prescribed, except in meritorious cases as determined by the PARC. Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be.

 

Beneficiaries shall be awarded an area not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. The determination of the size of the land for distribution shall consider crop type, soil type, weather patterns and other pertinent variables or factors which are deemed critical for the success of the beneficiaries.

For purposes of this Act, a landless beneficiary is one who owns less than three (3) hectares of agricultural land.

Whenever appropriate, the DAR shall encourage the agrarian reform beneficiaries to form or join farmers' cooperatives for purposes of affiliating with existing cooperative banks in their respective provinces or localities, as well as forming blocs of agrarian reform beneficiaries, corporations, and partnerships and joining other farmers' collective organizations, including irrigators' associations: Provided, That the agrarian reform beneficiaries shall be assured of corresponding shares in the corporation, seats in the board of directors, and an equitable share in the profit.

In general, the land awarded to a farmer- beneficiary should be in the form of an individual title, covering one (1)contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares.

 

The beneficiaries may opt for collective ownership, such as co-workers or farmers cooperative or some other form of collective organization and for the issuance of collective ownership titles: Provided, That the total area that may be awarded shall not exceed the total number of co-owners or members of the cooperative or collective organization multiplied by the award limit above prescribed, except in meritorious cases as determined by the PARC.

The conditions for the issuance of collective titles are as follows:

(a) The current farm management system of the land covered by CARP will not be appropriate for individual farming of farm parcels;

(b) The farm labor system is specialized, where the farmworkers are organized by functions and not by specific parcels such as spraying, weeding, packing and other similar functions;

(c) The potential beneficiaries are currently not farming individual parcels but collectively work on large contiguous areas; and

(d) 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.

For idle and abandoned lands or underdeveloped 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 above. Otherwise, the land awarded to a farmer-beneficiary should be in the form of an individual title, covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares.

In case of collective ownership, title to the property shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be. If the certificates of land ownership award are given to cooperatives then the names of the beneficiaries must also be listed in the same certificate of land ownership award.

With regard to existing collective certificates of land ownership award, the DAR should immediately undertake the parcelization of said certificates of land ownership award, particularly those that do not exhibit the conditions for collective ownership outlined above. The DAR shall conduct a review and redocumentation of all the collective certificates of land ownership award. The DAR shall prepare a prioritized list of certificates of land ownership award to be parcelized. The parcelization shall commence immediately upon approval of this Act and shall not exceed a period of three (3) years. Only those existing certificates of land ownership award that are collectively farmed or are operated in an integrated manner shall remain as collective. (as amended by Section 10, RA 9700)

 

 

 COOPERATIVES

Joint DAR-CDA-DA A.O. No. 09  -  September 04, 2008 (Effectivity Date – October 17, 2008)

Subject:   Revised Rules and Regulations on ARB Membership Status and Valuation and/or
Transfer of Paid-up Share Capital in Agrarian Reform Plantation-Based Cooperatives

 

Joint DAR-CDA-DA A.O. No. 2  -  April 09, 1997

Subject: Membership Issues/Concerns of Farmworkers and Employee Beneficiaries in
Agrarian Reform Plantation-Based Cooperatives

 

Joint DAR-CDA A.O. No. 2  -  November 29, 1995

Subject: Membership Issues/Concerns of Farmworkers and Employee-Beneficiaries in
AR Plantation-Based Coops

 

A.O. No. 6  -  June 15, 1990

Subject:  Promotion of & Support to Coops and Other Self-Help Organizations for CARP Beneficiaries

 

EXCESS AREA, Disposition of

            A.O. No. 07 – December 18, 2003 (Effectivity Date – January 8, 2004)

            Subject: CY 2003 Guidelines on the Identification, Screening and Selection of, and
Distribution to Agrarian Reform Beneficiaries (ARBs) of Private Agricultural Lands
Under Republic Act (R.A.) No. 6657

 

Ministry M.C. No. 4  -  May 07, 1986

Subject:  Disposition of Excess Areas Under AO No. 3-’85

 

A.O. No.  3  -  July 24, 1985

Subject:  Disposition of Farmlots Containing Areas in Excess of That Prescribed for Economic Family-Size Farms. 

JOINT  VENTURE AGREEMENTS/AGRIBUSINESS VENTURE ARRANGEMENTS (AVA)

A.O. No. 02 – June 16, 2008 (Effectivity Date – June 29, 2008)

Subject: Lease of Lands Under Agribusiness Venture Arrangement (AVA) in Agrarian
Reform Areas and the Determination of Lease Rental Thereof
 

A.O. No. 09 – December 08, 2006 (Effectivity Date – December 23, 2006)

Subject:  Agribusiness Venture Arrangements (AVAs) in Agrarian Reform Areas
  [Amends A.O. No. 2, Series of 1999]
 

Gen. M.C. No.  01   -   January 31, 2000

Subject:  Operational Planning and Procedural Guidelines for Magkasaka Programme Implementors 

            A.O. No.  02   -   October 01, 1999

   Subject: Rules and Regulations Governing Joint Economic Enterprises in Agrarian Reform Areas

 

PARC Policy Order No. 1  -   August 18, 1997

Subject:  Joint Venture Agreements Between DAR and Other Interested Parties and on the
Processing of Applications for Lease Back Arrangements, Joint- Venture Agreements
and Other Schemes that may be Recommended by the PARCCOM to the PARC

 

R.A. 7905  -  February 23, 1995

Subject: An Act to Strengthen the Implementation of the Comprehensive
Agrarian Reform Program, and For Other Purposes

 

PALM OIL

A.O. 5  -  March 21,  1997 (Effectivity Date – April 6, 1997)

Subject:  Lease of Lands Planted to Palm Oil Trees and the Determination
of Lease Rental Under Lease Arrangement, Amending A. O. No. 11, Series of 1988
 

RUBBER PLANTATIONS

            M.C. No.  8   -   April 15, 1999 (Effectivity  Date – May 4, 1999)

   Subject:   Guidelines in the Valuation of Rubber Lands Covered by DARAB’s Order to Recompute 

            Joint DAR-LBP  M.C. No.  7   -   April 15, 1999 (Effectivity  Date – April 30, 1999)

   Subject:   Revised Valuation Guidelines for Rubber Plantations

Section 26. Payment by Beneficiaries.

Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per annum. The payments for the first three (3) years after the award may be at reduced amounts as established by the PARC: provided, that the first five (5) annual payments may not be more than five percent (5%) of the value of the annual gross production as established by the DAR. Should the scheduled annual payments after the fifth year exceed ten percent (10%) of the annual gross production and the failure to produce accordingly is not due to the beneficiary's fault, the LBP may reduce the interest rate or reduce the principal obligations to make the repayment affordable.

 

 

 

 

 

The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary; and this mortgage may be foreclosed by the LBP for non-payment of an aggregate of three (3) annual amortizations. The LBP shall advise the DAR of such proceedings and the latter shall subsequently award the forfeited landholdings to other qualified beneficiaries. A beneficiary whose land, as provided herein, has been foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act.

 

Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per annum. The annual amortization shall start one (1) year from the date of the certificate of land ownership award registration. However, if the occupancy took place after the certificate of land ownership award registration, the amortization shall start one (1) year from actual occupancy.  The payments for the first three (3) years after the award shall be at reduced amounts as established by the PARC: Provided, That the first five (5) annual payments may not be more than five percent (5%) of the value of the annual gross production as established by the DAR. Should the scheduled annual payments after the fifth (5th) year exceed ten percent (10%) of the annual gross production and the failure to produce accordingly is not due to the beneficiary's fault, the LBP shall reduce the interest rate and/or reduce the principal obligation to make the repayment affordable. (As amended by Section 11, RA 9700)

 

The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary; and this mortgage may be foreclosed by the LBP for non-payment of an aggregate of three (3) annual amortizations. The LBP shall advise the DAR of such proceedings and the latter shall subsequently award the forfeited landholding to other qualified beneficiaries. A beneficiary whose land, as provided herein, has been foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act.

 AMORTIZATIONS

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Section 102

Subject: Revised  Rules  and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657,
as amended by R.A. No. 9700

 

A.O. No. 2  -  February 5, 1998 (Effectivity Date – February 22, 1998)

Subject:  Payment of Land Amortization by ARBs for Lands Covered Under
E. O. No. 229 and R.A. No. 6657

 

A.O. No.  4  -  February 07,  1997 (Effectivity Date – March 3, 1997)

Subject:  Withdrawal of Farmer Beneficiaries’ Lease/Rental Amortization
Payments Deposited With the LBP

 

A.O. No.  6  -  August 24, 1993

Subject:  Revised Implementing Guidelines and Procedures Governing
Payment of Land Amortization by ARBs

 

A.O. No.  3  -  March  11,  1992

Subject:  Payment of Land Amortization by FBs Pursuant to Section 26 of RA 6657

 

Ministry M.C. No.  7  -  June 13, 1986

Subject: Condonation of Accrued Interests on Overdue Amortization
Payments/ Rentals of ARBs in Landed Estates
 

INTEREST, Condonation of

              Ministry of M.C. No. 7  -  June 13, 1986

              Subject: Condonation of Accrued Interests on Overdue Amortization
 
Payments/Rentals in Landed Estates
 

UNLAWFUL ACTS AND OMISSIONS/VIOLATIONS OR CIRCUMVENTIONS OF ARBs

M.C. No. 19  -  August 8, 1996 (Effectivity  Date – August 26, 1996)

Subject:  Guidelines and Procedures Governing the Monitoring of Violations or
Circumventions Committed by the Agrarian Reform Beneficiaries (ARBs),
Providing Sanctions Therefor and Filing of Appropriate Administrative,
Quasi-Judicial and/or Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject:  Correction and Cancellation of Registered/Unregistered EPs, and CLOAs
Due to Unlawful Acts and Omissions or Breach of  Obligations of ARBs
 

 

WITHDRAWAL OF LEASE RENTALS/AMORTIZATION PAYMENTS

A. O. No. 4  -  February 7, 1997 (Effectivity Date – March 3, 1997)

Subject:  Guidelines on the Withdrawal of Farmer-Beneficiaries’
                      Lease Rental/Amortization Payments Deposited with the Land Bank of the Philippines

Section 27. Transferability of Awarded Lands.

Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed except through hereditary succession, or to the government, or the LBP, or to other qualified beneficiaries for 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 LBP within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP to the Barangay Agrarian Reform Committee (BARC) of the barangay where the land is situated. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein provided, shall, in turn, be given due notice thereof by the BARC.

 

 

 

 

 

 

 

If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land himself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph.

 

In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid, together with the value of improvements he has made on the land.

 

Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries through the DAR for 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 LBP within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP to the BARC of the barangay where the land is situated. The PARCCOM, as herein provided, shall, in turn, be given due notice thereof by the BARC.

The title of the land awarded under the agrarian reform must indicate that it is an emancipation patent or a certificate of land ownership award and the subsequent transfer title must also indicate that it is an emancipation patent or a certificate of land ownership award

 

 

 

If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land himself/herself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph.

In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid, together with the value of improvements he/she has made on the land. (as amended by Section 12, RA 9700)

 

LAND TRANSACTIONS/TRANSFERS/TRANSFERABILITY OF AWARDED LANDS

M.C. No.  02   -   January 9, 2001 (Effectivity Date – January 22, 2001)

Subject:  Guidelines on Annulment of Deeds of Conveyance of Lands Covered by the Comprehensive
Agrarian Reform Program (CARP) Executed in Violation of Section 6, paragraph 4 of Republic Act (RA) No.  6657

 

            A.O. No. 6  -  November 21, 1996 (Effectivity Date – December 9, 1996)

Subject:  Supplemental Guidelines to A.O. No. 8, Series of 1995  Re  Transferability of
Awarded Lands Awarded to ARBs Pursuant to PD 27/EO No. 228 and RA 6657

 

            A.O. No. 8  -  December 18, 1995 (Effectivity Date – January 5, 1996)

  Subject:  Transferability of Lands Awarded to ARBs Pursuant to PD 27
    as Amended by EO No. 228 and RA 6657

 

LRA Circular No. 54  -  June 09, 1993

Subject:  Revised Guidelines on the Registration of Transactions Under the CARP

 

A.O. No. 1  -  January 03, 1989

Subject:  Rules and Procedures Governing Land Transactions

 

TRANSFER ACTION (By Reason of Abandonment, Waiver of Rights and Illegal Transactions) 

Ministry M. C. No. 4  -  April 18, 1983

Subject:  Supplemental Guidelines to Govern Transfer Action of Areas Concerned Covered by
P.D. 27 by Reason of Abandonment, Waiver of Rights and Illegal Transactions   

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.


STANDING CROPS

A.O. No. 08 – September 20, 2006 (Effectivity Date – October 3, 2006)

Subject:  Standing Crops on Lands Acquired by the Government Pursuant to
Sections 16(e) and 28 of R.A. No. 6657

CHAPTER VIII
Corporate Farms

Section 29. Farms Owned or Operated by Corporations or Other Business Associations.

In the case of farms owned or operated by corporations or other business associations, the following rules shall be observed by the PARC:

In general, lands shall be distributed directly to the individual worker-beneficiaries.

In case it is not economically feasible and sound to divide the land, then it shall be owned collectively by the workers' cooperative or association which will deal with the corporation or business association. Until a new agreement is entered into by and between the workers' cooperative or association and the corporation or business association, any agreement existing at the time this Act takes effect between the former and the previous landowner shall be respected by both the workers' cooperative or association and the corporation or business association.

 

COOPERATIVES
 

Joint DAR-CDA-DA A.O. No. 09  -  September 04, 2008 (Effectivity Date – October 17, 2008)

Subject:   Revised Rules and Regulations on ARB Membership Status and
Valuation and/or Transfer of Paid-up Share Capital in
Agrarian Reform Plantation-Based Cooperatives

 

Joint DAR-CDA-DA A.O. No. 2  -  April 09, 1997

Subject: Membership Issues/Concerns of Farmworkers and Employee Beneficiaries
in Agrarian Reform Plantation-Based Cooperatives

 

Joint DAR-CDA A.O. No. 2  -  November 29, 1995

Subject: Membership Issues/Concerns of Farmworkers and Employee-Beneficiaries
in AR Plantation-Based Coops
 

A.O. No. 6  -  June 15, 1990

Subject:  Promotion of & Support to Coops and Other Self-Help Organizations for CARP Beneficiaries 

JOINT  VENTURE AGREEMENTS/AGRIBUSINESS VENTURE ARRANGEMENTS (AVA)  

A.O. No. 02 – June 16, 2008 (Effectivity Date – June 29, 2008)

Subject: Lease of Lands Under Agribusiness Venture Arrangement (AVA) in
Agrarian Reform Areas and the Determination of Lease Rental Thereof
 

A.O. No. 09 – December 08, 2006 (Effectivity Date – December 23, 2006)

Subject:  Agribusiness Venture Arrangements (AVAs) in Agrarian Reform
Areas  [Amends A.O. No. 2, Series of 1999]
 

A. O. No.  02   -   October 01, 1999

Subject: Rules and Regulations Governing Joint Economic Enterprises in Agrarian Reform Areas

 

PARC Policy Order No. 1  -   August 18, 1997

Subject:  Joint Venture Agreements Between DAR and Other Interested Parties and
on the Processing of Applications for Lease Back Arrangements, Joint-Venture
Agreements and Other Schemes that may be Recommended by the PARCCOM to the PARC

 

R.A. 7905  -  February 23, 1995

Subject: An Act to Strengthen the Implementation of the Comprehensive
Agrarian Reform Program, and For Other Purposes

 

PALM OIL

A.O. 5  -  March 21,  1997 (Effectivity Date – April 6, 1997)

Subject:  Lease of Lands Planted to Palm Oil Trees and the Determination of
Lease Rental Under Lease Arrangement, Amending A. O. No. 11, Series of 1988
 

RUBBER PLANTATIONS

            M.C. No.  8   -   April 15, 1999 (Effectivity  Date – May 4, 1999)

   Subject:   Guidelines in the Valuation of Rubber Lands Covered by DARAB’s Order to Recompute 

            Joint DAR-LBP  M.C. No.  7   -   April 15, 1999 (Effectivity  Date – April 30, 1999)

   Subject:   Revised Valuation Guidelines for Rubber Plantations

Section 30. Homelots and Farmlots for Members of Cooperatives.

The individual members of the cooperatives or corporations mentioned in the preceding section shall be provided with homelots and small farmlots for their family use, to be taken from the land owned by the cooperative or corporation.


HOMELOTS

A.O. No. 01  -  January 07, 1992

Subject:  Revised Rules and Procedures Governing the Disposition of Homelots
and Other Lots in Barangay Sites and Residential, Commercial, and Industrial
Lots in Townsites Within DAR Settlement Projects and Similar Other areas Under DAR Jurisdiction

 

A.O. No. 12  -  November 21, 1991

Subject:  Acquisition/Distribution of Homelots Under CARP

 

Ministry M.C. No. 3  -  February 24, 1986

Subject:  Disposition of Homelots & Residential Lots in Settlement Areas to Qualified Non-Settlers

 

M.C. 23  -  October  24,  1978   

Subject:  Implementing Guidelines of  LOI No.  705

 

LOI  705  -  June  10, 1978

Transferring of Homelots to Tenant-Tillers who are Beneficiaries of PD No. 27

 

DAR M.C. No. 12  -  April 26, 1974

Subject:  Cancellation of Allocations of Abandoned Farmlots and/or Homelots in Resettlement Projects

Section 31. Corporate Landowners.

Corporate landowners may voluntarily transfer ownership over their agricultural landholdings to the Republic of the Philippines pursuant to Section 20 hereof or to qualified beneficiaries, under such terms and conditions, consistent with this Act, as they may agree upon, subject to confirmation by the DAR.

Upon certification by the DAR, corporations owning agricultural lands may give their qualified beneficiaries the right to purchase such proportion of the capital stock of the corporation that the agricultural land, actually devoted to agricultural activities, bears in relation to the company's total assets, under such terms and conditions as may be agreed upon by them. In no case shall the compensation received by the workers at the time the shares of stocks are distributed be reduced. The same principle shall be applied to associations, with respect to their equity or participation.

Corporations or associations which voluntarily divest a proportion of their capital stock, equity or participation in favor of their workers or other qualified beneficiaries under this section shall be deemed to have complied with the provisions of the Act: provided, that the following conditions are complied with:

a) In order to safeguard the right of beneficiaries who own shares of stocks to dividends and other financial benefits, the books of the corporation or association shall be subject to periodic audit by certified public accountants chosen by the beneficiaries;

b) Irrespective of the value of their equity in the corporation or association, the beneficiaries shall be assured of at least one (1) representative in the board of directors, or in a management or executive committee, if one exists, of the corporation or association; and

c) Any shares acquired by such workers and beneficiaries shall have the same rights and features as all other shares.

d) Any transfer of shares of stocks by the original beneficiaries shall be void ab initio unless said transaction is in favor of a qualified and registered beneficiary within the same corporation.

If within two (2) years from the approval of this Act, the land or stock transfer envisioned above is not made or realized or the plan for such stock distribution approved by the PARC within the same period, the agricultural land of the corporate owners or corporation shall be subject to the compulsory coverage of this Act.


STOCK DISTRIBUTION PLAN

A.O. No. 1 – January 26, 2006 (Effectivity Date – February 9, 2006)

Subject:  Supplemental Guidelines in the Implementation and Monitoring of Approved Stock
Distribution Option (SDO) Plans

 

A.O. No.  1  -  January 30, 1991

Subject:  Amendment of Section 5 (f) of AO No. 10, S. ’88 Entitled “Guidelines and
Procedures for Corporate LOs Desiring to Avail Themselves of the Stock
Distribution Plan Under Section 31 of RA 6657 and Superseding DAR AO No. 48-87”

 

A.O. No.  10  -  October 13, 1988 (Effectivity Date – October 27, 1998)

Subject:  Corporate LOs Desiring to Avail Themselves of the Stock Distribution Plan

Section 32. Production-Sharing.

Pending final land transfer, individuals or entities owning, or operating under lease or management contract, agricultural lands are hereby mandated to execute a production-sharing plan with their farm workers or farmworkers' reorganization, if any, whereby three percent (3%) of the gross sales from the production of such lands are distributed within sixty (60) days of the end of the fiscal year as compensation to regular and other farmworkers in such lands over and above the compensation they currently receive: provided, that these individuals or entities realize gross sales in excess of five million pesos per annum unless the DAR, upon proper application, determines a lower ceiling.

In the event that the individual or entity realizes a profit, an additional ten percent (10%) of the net profit after tax shall be distributed to said regular and other farmworkers within ninety (90) days of the end of the fiscal year.

To forestall any disruption in the normal operation of lands to be turned over to the farmworker-beneficiaries mentioned above, a transitory period, the length of which shall be determined by the DAR, shall be established.

During this transitory period, at least one percent (1%) of the gross sales of the entity shall be distributed to the managerial, supervisory and technical group in place at the time of the effectivity of this Act, as compensation for such transitory managerial and technical functions as it will perform, pursuant to an agreement that the farmworker-beneficiaries and the managerial, supervisory and technical group may conclude, subject to the approval of the DAR.

 

PRODUCTION AND PROFIT SHARING

A.O. No. 8  -  September 30, 1988 (Effectivity Date – January 12, 1989)

Subject:  Production and Profit Sharing Under RA 6657

 

A.O. No. 9  -  September 30, 1988 (Effectivity Date – January 12, 1989)

Subject:  Production Sharing Under EO No. 229

  

 

Section 32-A. Incentives. — Individuals or entities owning or operating fishponds and prawn farms are hereby mandated to execute within six (6) months from the effectivity of this Act an incentive plan with their regular fishpond or prawn farmworkers or fishpond or prawn farm workers' organization, if any, whereby seven point five percent (7.5%) of their net profit before tax from the operation of the fishpond or prawn farms are distributed within sixty (60) days at the end of the fiscal year as compensation to regular and other pond workers in such ponds over and above the compensation they currently receive.

 

In order to safeguard the right of the regular fishpond or prawn farm workers under the incentive plan, the books of the fishpond or prawn farm owners shall be subject to periodic audit or inspection by certified public accountants chosen by the workers.

The foregoing provision shall not apply to agricultural lands subsequently converted to fishpond or prawn farms provided the size of the land converted does not exceed the retention limit of the landowner. (as added by Section 4, RA 7881)

 
Section 33. Payment of Shares of Cooperative or Association.

Shares of a cooperative or association acquired by farmers-beneficiaries or workers-beneficiaries shall be fully paid for in an amount corresponding to the valuation as determined in the immediately succeeding section. The landowner and the LBP shall assist the farmers-beneficiaries and workers-beneficiaries in the payment for said shares by providing credit financing.


Section 34. Valuation of Lands.

A valuation scheme for the land shall be formulated by the PARC, taking into account the factors enumerated in Section 17, in addition to the need to stimulate the growth of cooperatives and the objective of fostering responsible participation of the workers-beneficiaries in the creation of wealth.

In the determination of price that is just not only to the individuals but to society as well, the PARC shall consult closely with the landowner and the workers-beneficiaries.

In case of disagreement, the price as determined by the PARC, if accepted by the workers-beneficiaries, shall be followed, without prejudice to the landowner's right to petition the Special Agrarian Court to resolve the issue of valuation.

 

CHAPTER IX

Support Services

Section 35. Creation of Support Services Office.

There is hereby created the Office of Support Services under the DAR to be headed by an Undersecretary.

The Office shall provide general support and coordinative services in the implementation of the program particularly in carrying out the provisions of the following services to farmer-beneficiaries and affected landowners:

There is hereby created the Office of Support Services under the DAR to be headed by an Undersecretary.

The Office shall provide general support and coordinative services in the implementation of the program, particularly in carrying out the provisions of the following services to farmer beneficiaries and affected landowners:

1) Irrigation facilities, especially second crop or dry season irrigation facilities;

(1) Irrigation facilities, especially second crop or dry season irrigation facilities;

2) Infrastructure development and public works projects in areas and settlements that come under agrarian reform, and for this purpose, the preparation of the physical development plan of such settlements providing suitable barangay sites, potable water and power resources, irrigation systems and other facilities for a sound agricultural development plan;

 

(2) Infrastructure development and public works projects in areas and settlements that come under agrarian reform, and for this purpose, the preparation of the physical development plan of such settlements providing suitable barangay sites, potable water and power resources, irrigation systems, seeds and seedling banks, post harvest facilities, and other facilities for a sound agricultural development plan. For the purpose of providing the aforecited infrastructure and facilities, the DAR is authorized to enter into contracts with interested private parties on long term basis or through joint-venture agreements or build-operate-transfer scheme;

 

3) Government subsidies for the use of irrigation facilities;

 

(3) Government subsidies for the use of irrigation facilities;

4) Price support and guarantee for all agricultural produce;

(4) Price support and guarantee for all agricultural produce;

5) Extending to small landowners, farmers' organizations the necessary credit, like concessional and collateral-free loans, for agro-industrialization based on social collaterals like the guarantees of farmers' organization:

(5) Extending to small landowners, farmers and farmers' organizations the necessary credit, like concessional and collateral-free loans, for agro-industrialization based on social collaterals like the guarantees of farmers' organizations;

6) Promoting, developing and extending financial assistance to small-and medium-scale industries in agrarian reform areas;

(6) Promoting, developing and extending financial assistance to small and medium-scale industries in agrarian reform areas;

7) Assigning sufficient numbers of agricultural extension workers to farmers' organizations;

(7) Assigning sufficient numbers of agricultural extension workers to farmers' organizations;

8) Undertake research, development and dissemination of information on agrarian reform and low-cost and ecologically sound farm inputs and technologies to minimize reliance on expensive and imported agricultural inputs;

 

(8) Undertake research, development and dissemination of information on agrarian reform, plants and crops best suited for cultivation and marketing, and low-cost and ecologically sound farm inputs and technologies to minimize reliance on expensive and imported agricultural inputs;

9) Development of cooperative management skills through intensive training;

(9) Development of cooperative management skills through intensive training;

10) Assistance in the identification of ready markets for agricultural produce and training in other various prospects of marketing; and

(10) Assistance in the identification of ready markets for agricultural produce and training in the other various aspects of marketing;

11) Administration operation management and funding of support services, programs and projects including pilot projects and models related to agrarian reform as developed by the DAR.

(11) Conduct an effective information dissemination system through the Department of Agriculture to promote marketing and minimize spoilage of agricultural produce and products;

 

(12) Create a credit guarantee fund for agricultural landowners that will enhance the collateral value of agricultural lands that are affected or will be affected by coverage under the agrarian reform program; and

 

(13) Administration, operation, management and funding of support services programs and projects including pilot projects and models related to agrarian reform as developed by the DAR. (as amended by Section 1, RA 7905)

 BENEFICIARIES DEVELOPMENT         

Joint DAR-LBP M.C. No. 05 – Series of 2008

Subject:  Amendment of the Joint DAR-LANDBANK Memorandum Circular (MC) No. 07, Series of
2006: Guidelines in the Implementation of Credit Assistance Program for Program
Beneficiaries Development Window III (CAP-PBD) WINDOW III

 

Joint DAR-LBP M.C. No. 07 – November 15, 2006

Subject:  Guidelines in the Implementation of Credit Assistance Program for Program Beneficiaries
Development Window III (CAP-PBD WINDOW III)

 

M.C. No. 23  -  September 29, 1995

Subject:  Clarifying Roles and Activities for the Beneficiaries Development Program

 

M.C. No. 21  -  August 23, 1995

Subject:  Creation of the Program Beneficiaries Development Coordinating Unit Under the
Office of the Undersecretary for Field Operation/Support Services and the
Operationalization of the PBD/SS Management Team
 

CARP  (STRENGTHENING ITS IMPLEMENTATION)

PARC ExeCom Policy Order No. 1 – August 18, 1997

Subject:  Policy Guidelines on Joint Venture Agreement/Leaseback Arrangements

 

A.O. No.  5  -  June 09, 1995 (Effectivity Date – June 29, 1995)

Subject:  Strengthening the Implementation of the CARP Pursuant to RA 7905
Amending Certain Provisions of RA 6657 and Other Pertinent Laws

 

R.A. No.  7905  -  February  23,  1995

Subject:  An Act to Strengthen the Implementation of the CARP and for Other Purposes

 

DEVELOPMENT FACILITATORS, ARCs

            M.C. No. 15  -  September 07, 1994

            Subject:  Deployment of ARC DFs 

FARMERS SERVICE CENTER  (BARBD)

            Dept. M.C. No.  5  -  April  22, 1988 (Effectivity  Date – April 29, 1988)

            Subject:  Establishing a Farmers Service Center in BARBD      

 INFORMATION AND EDUCATION PROGRAM (ARBs)

                 M.C. No. 10   -   May 17, 1999

Subject:  Framework of the Information and Education Program for Agrarian Reform Beneficiaries

 KALAHI ARZONES

            M.C. No. 01  -  January 16, 2003

Subject: Development Framework for Bayan-Anihan Agrarian Reform Zones (BARZones)

 M.C. No. 04 – April 03, 2003

           Subject: Operationalizing the Development of Kapit-Bisig Laban sa Kahirapan
Agrarian Reform Zones (KALAHI ARZones)

 

NRDP BAYANIHAN RESETTLEMENT COMMUNITY PROJECT (NRDP-BRCP)

M.C. No. 3  -  February 27, 1987

Subject:  DAR-Coordinating Secretariat for the National Reconciliation
                 and Development Program  (NRDP) 

Gen. Memo Order No. 4  -  March 12, 1991

Subject:  Project Management of the NRDP Bayanihan Resettlement Community Project 

RESEARCH AND DEVELOPMENT

A.O. No. 5  -  Series of 1990

Subject:  SOP on CARP Research and Development Project

 

SUSTAINABLE RURAL DEVELOPMENT (SRD)

M.C. No. 02  -   February 1, 2000

Subject: Classification of Existing and to be Launched ARC’s Pursuant to the
Sustainable Rural Development Framework for Agrarian Reform Communities

 

            M.C. No. 6   -   March 22, 1999

Subject:   Guidelines for Regional and Provincial Offices for Sustainable Rural
Development (SRD) Planning in Convergence Model Sites

 

            M.C. No. 5   -   March 23, 1999

Subject:   A Sustainable Rural Development (SRD) Framework for Agrarian Reform Communities

 

STANDARD OPERATING PROCEDURES  (SOP)

A.O. No. 5  -  Series of 1990

Subject:  SOP on CARP Research and Development Project

 M.C. No. 10  -  July 01, 1986

Subject:  Amendment to the SOP on MAR Loan Assistance for IGPs for Rural Women, etc.

Section 36. Funding for Support Services.

In order to cover the expenses and cost of support services, at least twenty-five percent (25%) of all appropriations for agrarian reform shall be immediately set aside and made available for this purpose. In addition, the DAR shall be authorized to package proposals and receive grants, aid and other forms of financial assistance from any source.

 

In order to cover the expenses and cost of support services, at least twenty-five percent (25%) of all appropriations for agrarian reform shall be immediately set aside and made available for this purpose: Provided, That for the next five (5) years, a minimum of one (1) Agrarian Reform Community (ARC) shall be established by the DAR, in coordination with the local government units, non-governmental organizations and people organizations in each legislative district with a predominant agricultural population: Provided, further, That the areas in which the ARCs are to be established shall have been fully subjected under this law.

 

For this purpose, an Agrarian Reform Community shall be defined as a barangay or a cluster of barangays primarily composed and managed by Agrarian Reform Beneficiaries who shall be willing to be organized and undertake the integrated development of an area and/or their organizations/cooperative. In each community, the DAR, together with the agencies and organizations abovementioned, shall identify the farmers association, cooperative or their respective federation approved by the farmers-beneficiaries that shall take the lead in the agricultural development of the area. In addition, the DAR shall be authorized to package proposals and receive grants, aid and other forms of financial assistance from any source. (as amended by Section 2, RA 7905)

 

 In order to cover the expenses and cost of support services, at least forty percent (40%) of all appropriations for agrarian reform during the five (5) year extension period shall be immediately set aside and made available for this purpose: Provided, That the DAR shall pursue integrated land acquisition and distribution and support services strategy requiring a plan to be developed parallel to the land acquisition and distribution process. The planning and implementation for land acquisition and distribution shall be hand-in-hand with support services delivery:

 

 

 

Provided, further, That for the next five (5) years, as far as practicable, a minimum of two (2) Agrarian Reform Communities (ARCs) shall be established by the DAR, in coordination with the local government units, non-governmental organizations, 'community-based cooperatives and people's organizations in each legislative district with a predominant agricultural population: Provided, furthermore, That the areas in which the ARCS are to be established shall have been substantially covered under the provisions of this Act and other agrarian or land reform laws: Provided, finally, That a complementary support services delivery strategy for existing agrarian reform beneficiaries that are not in barangays within the ARCs shall be adopted by the DAR.

 

 

For this purpose, an Agrarian Reform Community is composed and managed by agrarian reform beneficiaries who shall be willing to be organized and to undertake the integrated development of an area and/or their organizations/ cooperatives. In each community, the DAR, together with the agencies and organizations abovementioned, shall identify the farmers' association, cooperative or their respective federations approved by the farmers- beneficiaries that shall take the lead in the agricultural development of the area. In addition, the DAR, in close coordination with the congressional oversight committee created herein, with due notice to the concerned representative of the legislative district prior to implementation shall be authorized to package proposals and receive grants, aids and other forms of financial assistance from any source. (as amended by Section 13, RA 9700)

 

Section 37. Support Services to the Beneficiaries. — The PARC shall ensure that support services to farmers-beneficiaries are provided, such as:

 

 

 

(a) Land surveys and titling;

(b) Liberalized terms on credit facilities and production loans;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(c) Extension services by way of planting, cropping, production and post-harvest technology transfer, as well as marketing and management assistance and support to cooperatives and farmers' organizations;

(d) Infrastructure such as access trails, mini-dams, public utilities, marketing and storage facilities; and

(e) Research, production and use of organic fertilizers and other local substances necessary in farming and cultivation.

 

 

 

 

 

 

 

 

 

 

The PARC shall formulate policies to ensure that support services to farmer-beneficiaries shall be provided at all stages of land reform.

 

 

 

 

 

The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and attached to the LBP, for its supervision including all its applicable and existing funds, personnel, properties, equipment and records.

Misuse or diversion of the financial and support services herein provided shall result in sanctions against the beneficiary guilty thereof, including the forfeiture of the land transferred to him or lesser sanctions as may be provided by the PARC, without prejudice to criminal prosecution.

 

Section 37. Support Services for the Agrarian Reform Beneficiaries.The State shall adopt the integrated policy of support services delivery to agrarian reform beneficiaries. To this end, the DAR, the Department of Finance, and the Bangko Sentral ng Pilipinas (BSP) shall institute reforms to liberalize access to credit by agrarian reform beneficiaries. The PARC shall ensure that support services for agrarian reform beneficiaries are provided, such as:

(a) Land surveys and titling;

(b) Socialized terms on agricultural credit facilities;

Thirty percent (30%) of all appropriations for support services referred to in Section 36 of Republic Act No. 6657, as amended, shall be immediately set aside and made available for agricultural credit facilities: Provided, That one-third (1/3) of this segregated appropriation shall be specifically allocated for subsidies to support the initial capitalization for agricultural production to new agrarian reform beneficiaries upon the awarding of the emancipation patent or the certificate of land ownership award and the remaining two-thirds (2/3) shall be allocated to provide access to socialized credit to existing agrarian reform beneficiaries, including the leaseholders: Provided, further, the LBP and other concerned government financial institutions, accredited savings and credit cooperatives, financial service cooperatives and accredited cooperative banks shall provide the delivery system for disbursement of the above financial assistance to individual agrarian reform beneficiaries, holders of collective titles and cooperatives.

For this purpose, all financing institutions may accept as collateral for loans the purchase orders, marketing agreements or expected harvests: Provided, That loans obtained shall be used in the improvement or development of the farm holding of the agrarian reform beneficiary or the establishment of facilities which shall enhance production or marketing of agricultural products of increase farm income therefrom: Provided, further, That of the remaining seventy percent (70%) for the support services, fifteen percent (15%) shall be earmarked for farm inputs as requested by the duly accredited agrarian reform beneficiaries' organizations, such as, but not limited to: (1) seeds, seedlings and/or planting materials; (2) organic fertilizers; (3) pesticides; (4)herbicides; and (5) farm animals, implements/'machineries; and five percent (5%) for seminars, trainings and the like to help empower agrarian reform beneficiaries.

(c) Extension services by way of planting, cropping, production and post-harvest technology transfer, as well as marketing and management assistance and support to cooperatives and farmers' organizations;

(d) Infrastructure such as, but not limited to, access trails, mini-dams, public utilities, marketing and storage facilities;

(e) Research, production and use of organic fertilizers and other local substances necessary in farming and cultivation; and

(f) Direct and active DAR assistance in the education and organization of actual and potential agrarian reform beneficiaries, at the barangay, municipal, city, provincial, and national levels, towards helping them understand their rights and responsibilities as owner-cultivators developing farm- related trust relationships among themselves and their neighbors, and increasing farm production and profitability with the ultimate end of empowering them to chart their own destiny. The representatives of the agrarian reform beneficiaries to the PARC shall be chosen from the 'nominees of the duly accredited agrarian reform beneficiaries' organizations, or in its absence, from organizations of actual and potential agrarian reform beneficiaries as forwarded to and processed by the PARC EXCOM.

The PARC shall formulate policies to ensure that support services for agrarian reform beneficiaries shall be provided at all stages of the program implementation with the concurrence of the concerned agrarian reform beneficiaries.

The PARC shall likewise adopt, implement, and monitor policies and programs to ensure the fundamental equality of women and men in the agrarian reform program as well as respect for the human rights, social protection, and decent working conditions of both paid and unpaid men and women farmer-beneficiaries.

The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and attached to the LBP, for its supervision including all its applicable and existing funds, personnel, properties, equipment and records.

Misuse or diversion of the financial and support services herein provided shall result in sanctions against the beneficiary guilty thereof, including the forfeiture of the land transferred to him/her or lesser sanctions as may be provided by the PARC, without prejudice to criminal prosecution. (as amended by Section 14, RA 9700)

 

 AGRIBUSINESS DEVELOPMENT PROGRAMS AND INITIATIVES

M.C. No. 10 – September 30, 2011

Subject: Transforming  the  ARB  Agribusiness  Entrepreneurship  Development Program (AREDP)
Office to National ARCCESS Program Coordinating Office (NAPCO) and Installing
ARCCESS Implementing Structure at All Levels
 

M.C. No. 02 – January 30, 2009

Subject :   Addendum to Memorandum Circular No. 9, Series of 2007 “Harmonizing the
Implementation of Agribusiness Development Programs and Initiatives in the Department”
 

M.C. No. 09 – November 23, 2007

Subject  :  Harmonizing  the  Implementation  of  Agribusiness Development Programs
and Initiatives in the Department
 

ALDA (assessment on the level of development of arcs)

M.C. No. 13 – October 3, 2011

Subject:  Interim Guidelines Governing the Integration of Agrarian Reform Communities
Monitoring and Tracking System (ARC MTS) and ARC Level of Development
Assessment (ALDA) in the DAR’s Planning, Monitoring and Evaluation (PME)
System During the Transition Period

 

Memorandum No. 252 of the Policy, Planning and External Affairs Office (PPEAO)
Undersecretary – August 16, 2011

Subject:  Operational Directives on the Conduct of ARC Level of
Development Assessment (ALDA) for CY 2011

 

Memorandum of the Secretary No. 147 – May 04, 2011

Subject:       Integrating ALDA and ARC-MTS in the Department’s
Planning, Monitoring and Evaluation System (PMES)

 

M.C. No. 09 – November 5, 2010

Subject:  Clarificatory Guidelines on the Conduct of ARC Level of
Development Assessment (ALDA) for CY 2010

 

M.C. No. 06 – June 20, 2001

Subject:   Thresholds for ARCs Level of Development Assessment
[Amends Sec. VI.3 of M.C. No. 3, Series of 2001]

 

M.C. No.  03   -   January 10, 2001

Subject:   Amendments to Memorandum Circular No. 01, series of 1998, Entitled
Revised Guidelines and Procedures on the Assessment of the Level
of Development (ALDA) of Agrarian Reform Communities

 

ARC CLUSTERS, Development of

M.C. No. 13 – September 14, 2009

Subject:  Operational Guidelines for the Development of ARC Clusters 

ARCs connectivity

M.C. No. 03 – September 5, 2006

Subject: Intensified Rural  Development Through Agrarian Reform
Communities (ARCs) Connectivity
 

 
ARC DEVELOPMENT FACILITATORS

            M.C. No. 15  -  September 07, 1994

            Subject:  Deployment of ARC DFs

 

ARC NETWORK

            M.C. No.  10   -  June 17, 1998

            Subject:  Guidelines on the Establishment and Operation of the ARC Network 

ARCDP aCTIVITIES, Mainstreaming and Sustainability of

            M.C. No.  09   -  July 22, 2008

Subject:  Operational Directives for Mainstreaming and Sustainability of
ARCDP2 (ARC Development Program 2) Activities
 

ARCP  (AGRARIAN REFORM COMMUNITIES PROJECT), DAR-ADB

M.C. No. 02 -  Series of 2006

Subject: Implementing Guidelines on Operation and Maintenance of
Completed Rural Infrastructure Sub-Projects of the DAR-ADB
Agrarian Reform Communities Project (ARCP)

 

AREDP  (ARB AGRIBUSINESS ENTREPRENEURSHIP DEVELOPMENT PROGRAM)

M.C. No. 06 – October 25, 2006

Subject:  Revised Implementing Policies and Guidelines on the “ARB
Agribusiness Entrepreneurship Development Program (AREDP)”
                       

M.C. No. 05 – December 13, 2005

Subject: Implementing  Polices  and  Guidelines  on the “ARB Agribusiness
Entrepreneurship Development Program (AREDP)
 

Assessment of the Level of Development of Agrarian Reform                   

Communities  (ALDA)

M.C. No.  06   -   June 20, 2001

Subject:  Revised  Thresholds for ARCs Level of Development Assessment
(Amending Memorandum Circular No. 03, series of 2001)

 

M.C. No.  03   -   January 10, 2001

Subject:   Amendments to Memorandum Circular No. 01, series of 1998, Entitled
Revised Guidelines and Procedures on the Assessment of the Level of
Development (ALDA) of Agrarian Reform Communities

 

M. C. No. 1  -  January 21, 1998

Subject:  Assessment of the Level of Development of Agrarian Reform Communities  (ALDA)

 

            M. C. No. 1  -  December 23, 1997 (Effectivity  Date – January 1, 1997)

            Subject:  Assessment of the Level of Development of ARCs

 Bayan-Anihan Agrarian Reform Zones (BARZones)

M.C. No. 01  -  January 16, 2003

Subject: Development Framework for Bayan-Anihan Agrarian Reform Zones (BARZones) 

BREACH OF OBLIGATIONS OF ARBs

M. C. No. 19  -  August 8, 1996 (Effectivity  Date – August 26, 1996)

Subject:  Guidelines and Procedures Governing the Monitoring of Violations or Circumventions
Committed by the Agrarian Reform Beneficiaries (ARBs), Providing
Sanctions Therefor and Filing of Appropriate Administrative,
Quasi-Judicial and/or Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject:  Correction and Cancellation of Registered/Unregistered EPs,
and CLOAs Due to Unlawful Acts and Omissions or Breach of  Obligations of ARBs
 

CAP-PBD

M.C. No. 03  -   January 10, 2003

Subject:   Amending M.C. No. 26, Series of 1996 and M.C. No. 29, Series of
1997 on the Composition of CAP-PBD Implementing Structures at Different Levels

 

Joint DAR-LBP M.C. No. 4 – March 24, 2000

Subject:  Re-Availment of Loans Granted Under the Credit Assistance Program
for Program Beneficiaries Development (CAP-PBD)
 

CAP-PBD WINDOW III

Joint DAR-LBP M.C. No. 05 – Series of 2008

Subject:  Amendment of the Joint DAR-LANDBANK Memorandum Circular (MC) No. 07,
Series of 2006: Guidelines in the Implementation of Credit Assistance
Program for Program Beneficiaries Development Window III (CAP-PBD WINDOW III)

 

Joint DAR-LBP M.C. No. 07 – November 15, 2006

Subject:  Guidelines in the Implementation of Credit Assistance Program
for Program Beneficiaries Development Window III (CAP-PBD WINDOW III)
 

CARE-RD, Creation of

            M.C. No. 06 – May 20, 2003

            Subject: Creation of the Center for Agrarian Reform Enterprise and Rural Development (CARE-RD)

 

CORRECTION AND CANCELLATION OF REGISTERED/UNREGISTERED EPs and CLOAs

 

M.C. No. 19  -  August 08, 1996

Subject: Monitoring of Violations or Circumventions Committed by the ARBs, Providing
Sanctions and Filing  of Appropriate Administrative/Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject: Correction and Cancellation of Registered/Unregistered EPs, and CLOAs
Due to Unlawful Acts and Omissions or Breach of  Obligations of ARBs
 

CREDIT ASSISTANCE  -  PBD


Joint DAR-LBP M.C. No. 05 – Series of 2008

Subject:  Amendment of the Joint DAR-LANDBANK Memorandum Circular (MC) No. 07, Series of 2006:
Guidelines in the Implementation of Credit Assistance Program for Program
Beneficiaries Development Window III (CAP-PBD) WINDOW III

 

            Joint DAR-LBP M.C. No. 07 – November 15, 2006

Subject:  Guidelines in the Implementation of Credit Assistance Program for Program
Beneficiaries Development Window III (CAP-PBD WINDOW III)

 

Joint DAR-LBP M.C. No. 03 – January 10, 2003

            Subject:  Amending Memorandum Circular No. 26, Series of 1996 and Memorandum
Circular No. 29, Series of 1997 pm the Composition of CAP-PBD
Implementing Structures at Different Levels

 

Joint DAR-ETF M.C. No. 09  -   May 19, 2000

Subject: Revised Implementing Policies and Guidelines for the
Joint DAR-ETF Livelihood Credit Assistance Program

 

            Joint DAR-LBP M.C. No. 04  -   March 24, 2000

Subject:  Re-Availment of Loans Granted Under the Credit Assistance
Program for Program Beneficiaries Development (CAP-PBD)

 

Joint DAR-LBP M.C. No. 13  -   June 22, 1999

Subject: Restructuring and/or Refinancing of Loans Granted Under the Credit
Assistance Program for Program Beneficiaries Development

 

Joint DAR-LBP M.C. No. 12  -   June 22, 1999

Subject: Supplemental Guidelines on the DAR-LBP Joint Financing for Rubber
Replanting Under the Credit Assistance Program for Program Beneficiaries Development (CAP-PBD)

 

M.C. No.  7  -  March 25, 1998
Subject: LBP-DAR Joint Financing for Rubber Replanting Under the
              Credit Assistance Program for Program Beneficiaries Development  (CAP-PBD)
 
Joint DAR-LBP M.C. No. 29  -  September 04, 1997
Subject: Supplemental Guidelines on the Implementation of Credit Assistance
             Program for Program Beneficiaries Development  (CAP-PBD)
 

  Joint DAR-NLSF M.C. No. 26  -  July  22, 1997

  Subject:  Joint DAR-NLSF Livelihood Credit Assistance Program for ARCs 

 

CREDIT (SUPPORT FUND AND MICROFINANCE CAPACITY DEVELOPMENT PROGRAM IN AR AREAS)

M.C. No. 04 – May 18, 2011

Subject:  Implementing Guidelines to Access Funds, Implement and
Monitor Projects Under the DAR-PBD Partnership Support Fund

 

Joint DAR-LBP M.C. No. 03  - Series of 2011

Subject: Microfinance Capacity  Development Program in Agrarian Reform Areas (MicroFin_CAP@ARAs) 

CREDIT BY ARBs, Liberalization of Access to

A.O. No. 03 – June 24, 2010 (Effectivity Date – July 12, 2010)

Subject:  IRR on the Provisions of Agricultural Support to and Liberalization
of Access to Credit of ARBs under R.A. No. 9700
 

FARMER’S BAYANIHAN CENTER FOR RURAL DEVELOPMENT (FBCRD), Establishment of

M.C. No. 07  -  September 26, 2002

Subject:  Establishment of Farmers’ Bayanihan Center for Rural Development (FBCRD)

 

FARMERS TRUST DEVT. PROGRAM 

            E.O.  No.  151  -   September 27, 1999

Subject: Establishing the Farmers Trust Development Program and
Providing Institutional Reforms and Fund Mechanisms for Mobilizing
Long Term Private Sector Capital for Rural Development

 

FARMING SYSTEM DEVELOPMENT  (FSD)

M.C. No. 8  -  June 03, 1998

Subject: Application of the Farming System Development (FSD)
Approach in the Development of Agrarian Reform Communities  (ARCs)
 

FOREIGN-ASSISTED PROJECTS,  Creation of the Policy Governing Committee for

A.O. No. 3  -   June 26, 2002

Subject:  Creation of the Policy Governing Committee for Foreign-Assisted Projects  

FOREIGN-ASSISTED PROJECTS,  NGOs Involvement in

M.C. No. 13  -   September 07, 2000

Subject:  Rationalizing Non-Government Organizations (NGOs)
Involvement in the DAR’s Foreign-Assisted Projects

 

HAND TRACTORS AND ACCESSORIES TO FARMER-BENEFICIARIES

M.C. No.  6 – July 21, 1987

Subject:  Guidelines in the Repossession, Voluntary Surrender and
             Redistribution or Recycle of Hand Tractors and Accessories to Farmer-Beneficiaries 

INFRASTRUCTURE PROJECTS

M.C. No. 6  -  April 4, 1994 (Effectivity  Date – April 11, 1994)

Subject: Approved Policy on the Implementation of DPWH-CARP Infrastructure Projects by LGUs Concerned 

INTEGRATION (LTI-PBD)

Memorandum of the Secretary No. 292 - October 14, 2010

Subject:  LTI/PBD Integration Strategic Focus and Imperative on Support Services Delivery for 2011 

KALAHI ARZONES, Operationalizing the Development of

            M.C. No. 04 – April 03, 2003

Subject: Kapit-Bisig Laban sa Kahirapan Agrarian Reform Zones (KALAHI ARZones) 

LIVELIHOOD CREDIT ASSISTANCE PROGRAM

M.C. No. 08  -   September 27, 2002

Subject: Decentralized Implementation of the DAR-NLSF Livelihood Credit Assistance
Program (LCAP) [Supersedes Joint DAR-ETF M.C. No. 9, Series of 2000]

 

Joint DAR-ETF M.C. No. 09  -   May 19, 2000

Subject: Revised Implementing Policies and Guidelines for the Joint DAR-ETF Livelihood
Credit Assistance Program [Supersedes Joint DAR-NLSF M.C. No. 26, Series of 1997]
 

MICROFINANCE IN AGRARIAN REFORM AREAS, Grassroots

Joint DAR-LANDBANK M.C. No. 01 – January 7, 2009

            Subject:  Grassroots Microfinance in Agrarian Reform Areas (GMFA) 

 

 

MICROFINANCE POLICY FRAMEWORK/CAPACITY DEVELOPMENT PROGRAM

Joint DAR-LBP M.C. No. 03  - Series of 2011

Subject: Microfinance Capacity Development Program in Agrarian Reform Areas (MicroFin_CAP@ARAs) 

M.C. No. 17 – December 30, 2003

Subject: Microfinance Policy Framework for Agrarian Reform Areas 

NAPCO (NATIONAL ARCCESS PROGRAM COORDINATING OFFICE)

M.C. No. 10 – September 30, 2011

Subject: Transforming the ARB Agribusiness Entrepreneurship Development Program
(AREDP) Office to National Arccess Program Coordinating Office (NAPCO)
and Installing Arccess Implementing Structure at All Levels

 

NLSF  -  (National Livelihood Support Fund)

M.C. No. 08  -   September 27, 2002

Subject: Decentralized Implementation of the DAR-NLSF Livelihood Credit
Assistance Program (LCAP)

           

Joint DAR-ETF M.C. No. 09  -   May 19, 2000

Subject: Revised Implementing Policies and Guidelines for the Joint DAR-ETF
Livelihood Credit Assistance Program

 

  Joint DAR-NLSF M.C. No. 26  -  July  22, 1997

  Subject:  Joint DAR-NLSF Livelihood Credit Assistance Program for ARCs  

PBD ACCOMPLISHMENT, Submission of Support Lists for

M.C. No. 07 – April 01, 2009

Subject:  Addendum to M.C. No. 12, Series of 2008, on the Submission of Support
Lists for PBD Accomplishment
 

M.C. No. 12, Series of 2008

Subject:  Submission of Support Lists on Program Beneficiary Development (PBD) Accomplishment 

PBD DIRECTIVES

M.C. No.  01  -   January 28, 2000

Subject:  Program Beneficiaries Development Directives for CY 2000 

PBD PARTNERSHIP SUPPORT FUND

M.C. No. 04 – May 18, 2011

Subject:  Implementing Guidelines to Access Funds, Implement and Monitor
Projects Under the DAR-PBD Partnership Support Fund
 

PEASANT FUND, Availment of

M.C. No. 11  -  June 14, 1999

Subject: Amendment on the Memorandum Circular No. 15, Series of 1997
Re:  Availment of Peasant Fund

 

M.C. No. 15  -  April 02, 1997

Subject:  Availment of Peasant Fund Per AO No. 1, S. ’97

 

M.C. No. 3  -  April 18, 1996

Subject:  Availment of Peasant Fund Per AO No. 7, S. ’95 

PROGRAM BENEFICIARIES DEVELOPMENT  (Credit Assistance)

 

Joint DAR-LBP M.C. No. 05 – Series of 2008

Subject:  Amendment of the Joint DAR-LANDBANK Memorandum Circular (MC) No. 07,
Series of 2006: Guidelines in the Implementation of Credit Assistance Program
for Program Beneficiaries Development Window III (CAP-PBD) WINDOW III

 

Joint DAR-LBP M.C. No. 07 – November 15, 2006

Subject:  Guidelines in the Implementation of Credit Assistance Program for Program
Beneficiaries Development Window III (CAP-PBD WINDOW III)

 

Joint DAR-ETF M.C. No. 09  -   May 19, 2000

Subject:   Revised Implementing Policies and Guidelines for the Joint DAR-ETF
Livelihood Credit Assistance Program

 

            Joint DAR-LBP M.C. No. 04  -   March 24, 2000

Subject: Re-Availment of Loans Granted Under the Credit Assistance Program for Program
Beneficiaries Development (CAP-PBD)

 

M.C. No.  01  -   January 28, 2000

Subject:  Program Beneficiaries Development Directives for CY 2000

 

Joint DAR-LBP M.C. No. 13  -   June 22, 1999

Subject: Restructuring and/or Refinancing of Loans Granted Under the Credit Assistance
Program for Program Beneficiaries Development

 

Joint DAR-LBP M.C. No. 12  -   June 22, 1999

Subject: Supplemental Guidelines on the DAR-LBP Joint Financing for Rubber Replanting
Under the Credit Assistance Program for Program Beneficiaries Development (CAP-PBD)

 

M.C. No.  7  -  March 25, 1998
Subject: LBP-DAR Joint Financing for Rubber Replanting Under the Credit Assistance
             Program for Program Beneficiaries Development  (CAP-PBD)

 

Joint DAR-LBP M.C. No. 29  -  September 04, 1997
Subject: Supplemental Guidelines on the Implementation of Credit Assistance Program
                for Program Beneficiaries Development  (CAP-PBD)
 

           Joint DAR-NLSF M.C. No. 26  -  July  22, 1997

           Subject:  Joint DAR-NLSF Livelihood Credit Assistance Program for ARCs  

M.C. No. 21  -  August 23, 1995

Subject: Creation of the PBD Coordinating Unit under the Office of the Undersecretary for
Field Operation/Support Services and the Operationalization of the PBD/SS Management Team
 

RUBBER PLANTATIONS 

Joint DAR-LBP M.C. No. 12  -   June 22, 1999

Subject:  Supplemental Guidelines on the DAR-LBP Joint Financing for Rubber Replanting
Under the Credit Assistance Program for Program Beneficiaries Development (CAP-PBD)
 

RURAL DEVELOPMENT

M.C. No. 03 – September 5, 2006

Subject:  Intensified Rural Development Through Agrarian Reform Communities (ARCs) Connectivity 

M.C. No. 06 – May 20, 2003

            Subject: Creation of the Center for Agrarian Reform Enterprise and Rural Development (CARE-RD) 

SARC (SPECIAL ARCs), Identification/Selection/Confirmation of

M.C. No. 02 – February 07, 2007

Subject:  Guidelines   Governing    the   Identification/Selection/ Confirmation of Special Agrarian
Reform Communities (SARCs)

 

SOCIAL INFRASTRUCTURE AND LOCAL CAPABILITY BUILDING (ARBs)

            M.C. No. 19   -   November 3, 1999

Subject:  Social Infrastructure and Local Capability Building (ARBs) Framework for Agrarian Reform Beneficiaries 

SUPPORT SERVICES DELIVERY

M.C. No. 04 – May 18, 2011

Subject:   Implementing  Guidelines   to  Access  Funds,  Implement  and   Monitor Projects Under the
DAR-PBD Partnership Support Fund

 

Joint DAR-LBP M.C. No. 03  - Series of 2011

Subject:  Microfinance Capacity Development Program in Agrarian Reform Areas (MicroFin_CAP@ARAs)

 

Memorandum of the Secretary No. 292 - October 14, 2010

Subject:  LTI/PBD Integration Strategic Focus and Imperatives on Support
Services Delivery for 2011

 

A.O. No. 03 – June 24, 2010 (Effectivity Date – July 12, 2010)

Subject:  IRR on the Provisions of Agricultural Support to and Liberalization of Access to
Credit of ARBs under R.A. No. 9700

 

A.O. No. 05 – October 28, 2009 (Effectivity Date – July 1, 2009)

            Subject:  IRR on Support Services Delivery Under R.A. No. 9700

 

M.C. No. 13  -  July 18, 1996

Subject: Strategic Direction of Support Services 

 

SURVEY SERVICES,  Requisition, Approval and Monitoring of

M.C. No. 1  -  January 4, 2008

Subject:  Revised Rules and Procedures on Requisition, Approval and Monitoring of Survey Services

 
TESDA (Livelihood and Enterprise Assistance Program)

           Joint DAR-TESDA M.C. No. 12 – June 13, 2004

Subject :  Implementing Guidelines on the DAR-TESDA Livelihood and Enterprise
Assistance Program in Agrarian Reform Areas (LEAP in ARAs)
 

TRAINING,  Conduct of

M.C. No. 06 – April 02, 2009

Subject:  Amendment in the Conduct of  Training and Other Human Resource Development-Related Activities for the Central and Field Offices 

WB-ARCDP SUB-PROJECTS

            M.C. No.  20  -   November 18, 1999

Subject:  General Guidelines on the Use of Stabilizer Materials in WB-ARCDP Sub-Projects

 

Section 37-A. Equal Support Services for Rural Women. - Support services shall be extended equally to women and men agrarian reform beneficiaries.

The PARC shall ensure that these support services, as provided for in this Act, integrate the specific needs and well-being of women farmer- beneficiaries taking into account the specific requirements of female family members of farmer- beneficiaries.

The PARC shall also ensure that rural women will be able to participate in all community activities. To this effect, rural women are entitled to self-organization in order to obtain equal access to economic opportunities and to have access to agricultural credit and loans, marketing facilities and technology, and other support services, and equal treatment in land reform and resettlement schemes.

The DAR shall establish and maintain a women's desk, which will be primarily responsible for formulating and implementing programs and activities related to the protection and promotion of women's rights, as well as providing an avenue where women can register their complaints and grievances principally related t o their rural activities. (as amended by Section 15, RA 9700)

 

 

WOMEN/WOMEN’S DESK/GENDER EQUALITY/NON-GENDER BIAS

A.O. No. 01 – July 19, 2011 (Effectivity Date – July 23, 2011)

Subject:   Guidelines Governing Gender Equality in the Implementation of Agrarian Reform Laws
and Mainstreaming Gender and Development in the Department of Agrarian Reform

 

M.C. No. 05 – March 26, 2009

Subject:  Addendum to Memorandum Circular No. 03 Dated February 27, 2009
Re:   Re-Constitution and Strengthening of the Gender and Development (GAD)

                 Focal Points

 

M.C. No. 03 – February 27, 2009

Subject:  Addendum to Memorandum Circular No. 02 Dated January 16, 2008 Reconstitution
and Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 02 – January 16, 2008

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Points

 

M.C. No. 01 – April 11, 2005

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No.  05  -   January 24, 2001

Subject:   Guidelines for the Establishment and Operation of DAR Women’s Desk

 

A.O. No.  1   -   January 9, 2001 (Effectivity Date – January 28, 2001)

Subject:    Guidelines Governing the Non-Gender Biased Implementation of Agrarian Laws 

 

Gen. M.C. No.  01   June 14, 1999

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No. 18  -  August 08, 1996 (Effectivity  Date – August 25, 1996)

Subject: Clarificatory Guidelines in the Manner of Generating and Issuing Emancipation
Patents/Certificates of Land Ownership Award (EPs/CLOAs) to Qualified Agrarian
Reform Beneficiaries and their Spouses Pursuant to R.A. No. 7192

 

M. C. No.  04  -  August 27, 1992

Subject:  Defining the DAR Policy/Program Framework in the Recognition of the Role of
Women on Development and in Addressing their Concerns:  “Implementing Rules and
Regulations to Build Mechanisms to Integrate Women and Pursue a Non-bias Gender
Consciousness Implementation for CARP
 

R.A. 7192  -  February 12, 1992

Subject:   An Act Promoting the Integration of Women as Full and Equal Partners of Men
in Development and Nation Building and for Other Purposes

 

Section 38. Support Services to Landowners. — The PARC with the assistance of such other government agencies and instrumentalities as it may direct, shall provide landowners affected by the CARP and prior agrarian reform programs with the following services:

(a) Investment information financial and counseling assistance;

 

 

 

(b) Facilities, programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the National Government, the Central Bank and other government institutions and instrumentalities;

(c) Marketing of LBP bonds, as well as promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges; and

(d) Other services designed to utilize productively the proceeds of the sale of such lands for rural industrialization.

A landowner who invests in rural-based industries shall be entitled to the incentives granted to a registered enterprise engaged in a pioneer or preferred area of investment as provided for in the Omnibus Investment Code of 1987, or to such other incentives as the PARC, the LBP, or other government financial institutions may provide.

The LBP shall redeem a landowner's LBP bonds at face value, provided that the proceeds thereof shall be invested in a BOI-registered company or in any agri-business or agro-industrial enterprise in the region where the landowner has previously made investments, to the extent of thirty percent (30%) of the face value of said LBP bonds, subject to guidelines that shall be issued by the LBP.

 

Section 38. Support Services for Landowners. — The PARC, with the assistance of such other government agencies and instrumentalities as it may direct, shall provide landowners affected by the CARP and prior agrarian reform programs with the following services:

(a) Investment information, financial and counseling assistance, particularly investment information on government-owned and/or -controlled corporations and disposable assets of the government in pursuit of national industrialization and economic independence:

(b) Facilities, programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the National Government, the BSP and other government institutions and instrumentalities;

(c) Marketing of agrarian reform bonds, as well as promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges: and/or

(d) Other services designed to utilize productively the proceeds of the sale of such lands for rural industrialization.

A landowner who invests in rural-based industries shall be entitled to the incentives granted to a registered enterprise engaged in a pioneer or preferred area of investment as provided for in the Omnibus Investment Code of 1987, or to such other incentives as the PARC, the LBP, or other government financial institutions shall provide.

The LBP shall redeem a landowner's agrarian reform bonds at face value as an incentive: Provided, That at least fifty percent (50%) of the proceeds thereof shall be invested in a Board of Investments (BOI)-registered company or in any agri-business or agro-industrial enterprise in the region where the CARP-covered landholding is located. An additional incentive of two percent (2%) in cash shall be paid to a landowner who maintains his/her enterprise as a going concern for five (5) years or keeps his/her investments in a BOI- registered firm for the same period: Provided, further, That the rights of the agrarian reform beneficiaries are not, in any way, prejudiced or impaired thereby.

The DAR, the LBP and the Department of Trade and Industry shall jointly formulate the program to carry out these provisions under the supervision of the PARC: Provided, That in no case shall the landowners' sex, economic, religious, social, cultural and political attributes exclude them from accessing these support services. (as amended Section 16, RA 9700)

 

 

 Section 39. Land Consolidation.

The DAR shall carry out land consolidation projects to promote equal distribution of landholdings, to provide the needed infrastructures in agriculture, and to conserve soil fertility and prevent erosion.


CHAPTER X
Special Areas of Concern

Section 40. Special Areas of Concern.

As an integral part of the Comprehensive Agrarian Reform Program, the following principles in these special areas of concern shall be observed:

(1) Subsistence Fishing. — Small fisherfolk, including seaweed farmers, shall be assured of greater access to the utilization of water resources.

(2) Logging and Mining Concessions. — Subject to the requirement of a balanced ecology and conservation of water resources, suitable areas, as determined by the Department of Environment and Natural Resources (DENR), in logging, mining and pasture areas, shall be opened up for agrarian settlements whose beneficiaries shall be required to undertake reforestation and conservation production methods. Subject to existing laws, rules and regulations, settlers and members of tribal communities shall be allowed to enjoy and exploit the products of the forest other than timer within the logging concessions.

(3) Sparsely Occupied Public Agricultural Lands. — Sparsely occupied agricultural lands of the public domain shall be surveyed, proclaimed and developed as farm settlements for qualified landless people based on an organized program to ensure their orderly and early development.

Agricultural land allocations shall be made for ideal family-size farms as determined by the PARC. Pioneers and other settlers shall be treated equally in every respect.

Subject to the prior rights of qualified beneficiaries, uncultivated lands of the public domain shall be made available on a lease basis to interested and qualified parties. Parties who will engaged in the development of capital-intensive, traditional or pioneering crops shall be given priority.

The lease period, which shall not be more than a total of fifty (50) years, shall be proportionate to the amount of investment and production goals of the lessee. A system of evaluation and audit shall be instituted.

(4) Idle, Abandoned, Foreclosed and Sequestered Lands. — Idle, abandoned, foreclosed and sequestered lands shall be planned for distribution as home lots and family-size farmlots to actual occupants. If land area permits, other landless families shall be accommodated in these lands.

 

SEQUESTERED LANDS

A.O. No.  1  -  January 30, 1995 (Effectivity Date – February 17, 1995)

Subject:  Acquisition/Distribution of All Agricultural Lands Subject of Sequestration/Acquisition
by the PCGG & APT Whose Ownership is Under Court Litigation

 

 

(5) Rural Women. — All qualified women members of the agricultural labor force must be guaranteed and assured equal right to ownership of the land, equal shares of the farm's produce, and representation in advisory or appropriate decision-making bodies.

 

WOMEN (Rights, Women’s Desk, Non-Gender Bias and GAD)

A.O. No. 01 – July 19, 2011 (Effectivity Date – July 23, 2011)

Subject:   Guidelines Governing Gender Equality in the Implementation of Agrarian Reform Laws
and Mainstreaming Gender and Development in the Department of Agrarian Reform

 

M.C. No. 05 – March 26, 2009

Subject:  Addendum to Memorandum Circular No. 03 Dated February 27, 2009 Re:   Re-Constitution
and Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 03 – February 27, 2009

Subject:  Addendum to Memorandum Circular No. 02 Dated January 16, 2008 Reconstitution and
Strengthening of the Gender and Development (GAD)
Focal Points

 

M.C. No. 02 – January 16, 2008

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Points

 

M.C. No. 01 – April 11, 2005

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No.  05  -   January 24, 2001

Subject:   Guidelines for the Establishment and Operation of DAR Women’s Desk

 

A.O. No.  1   -   January 9, 2001 (Effectivity Date – January 28, 2001)

Subject:    Guidelines Governing the Non-Gender Biased Implementation of Agrarian Laws  (January 9, 2001)

 

Gen. M.C. No.  01   June 14, 1999

Subject:   Reconstitution and Strengthening of the Gender and Development (GAD) Focal Point

 

M.C. No. 18  -  August 08, 1996 (Effectivity  Date – August 25, 1996)         

Subject: Clarificatory Guidelines in the Manner of Generating and Issuing Emancipation
Patents/Certificates of Land Ownership Award (EPs/CLOAs) to Qualified Agrarian Reform
Beneficiaries and their Spouses Pursuant to R.A. No. 7192

 

M. C. No.  04  -  August 27, 1992

Subject:  Defining the DAR Policy/Program Framework in the Recognition of the Role of Women
on Development and in Addressing their Concerns:  “Implementing Rules and Regulations
to Build Mechanisms to Integrate Women and Pursue a Non-bias Gender
Consciousness Implementation for CARP

 

R.A. 7192  -  February 12, 1992
Subject:   An Act Promoting the Integration of Women as Full and Equal Partners
                 of Men in Development and Nation Building and for Other Purposes

(6) Veterans and Retirees. — In accordance with Section 7 of Article XVI of the Constitution, landless war veterans and veterans of military campaigns, their surviving spouse and orphans, retirees of the Armed Forces of the Philippines (AFP) and the Integrated National Police (INP), returnees, surrenderees, and similar beneficiaries shall be given due consideration in the disposition of agricultural lands of the public domain.

AFP and INP/PNP Retirees,  Award of Public Lands to

            A.O. No. 3  -  February 7, 1997 (Effectivity Date – March 2, 1997)

            Subject:  Award of Lands of the Public Domain Under the Jurisdiction of DAR to Landless War Veterans
of Military Campaigns, Their Surviving Spouses & Orphans, AFP and INP/PNP Retirees,
Returnees, Surrenderees, Agriculture Graduates of Agricultural Schools & Other Similar Beneficiaries

 

RETURNEES/SURRENDEREES,  Award of Public Lands to

            A.O. No. 3  -  February 7, 1997 (Effectivity Date – March 2, 1997)

            Subject:  Award of Lands of the Public Domain Under the Jurisdiction of DAR to Landless War Veterans
of Military Campaigns, Their Surviving Spouses & Orphans, AFP and INP/PNP Retirees,
Returnees, Surrenderees, Agriculture Graduates of Agricultural Schools & Other Similar Beneficiaries

 

VETERANS  (WAR), Award of Public Lands to

A. O. No.  3  -  February 7, 1997 (Effectivity Date – March 2, 1997)

Subject:  Award of Lands of the Public Domain Which are Under the Jurisdiction of the DAR, to
Landless War Veterans of Military Campaigns, Their Surviving Spouses and Orphans, AFP
and INP/PNP Retirees, Returnees, Surrenderees, Agriculture Graduates of Agricultural
Schools and Other Similar Beneficiaries

 

(7) Agriculture Graduates. — Graduates of agricultural schools who are landless shall be assisted by the government, through the DAR, in their desire to own and till agricultural lands.

 

AGRICULTURAL GRADUATES,  Award of Public Lands to

            A.O. No. 3  -   February 7, 1997 (Effectivity Date – March 2, 1997)

            Subject:  Award of Lands of the Public Domain Under the Jurisdiction of DAR to Landless War Veterans
of Military Campaigns, Their Surviving Spouses & Orphans, AFP and INP/PNP
Retirees, Returnees, Surrenderees, Agriculture Graduates of Agricultural Schools
& Other Similar Beneficiaries

CHAPTER XI
Program Implementation

Section 41. The Presidential Agrarian Reform Council.

The Presidential Agrarian Reform Council (PARC) shall be composed of the President of the Philippines as Chairman, the Secretary of Agrarian Reform as Vice-Chairman and the following as members; Secretaries of the Departments of Agriculture; Environment and Natural Resources; Budget and Management; Local Government: Public Works and Highways; Trade and Industry; Finance; Labor and Employment; Director-General of the National Economic and Development Authority; President, Land Bank of the Philippines; Administrator, National Irrigation Administration; and three (3) representatives of affected landowners to represent Luzon, Visayas and Mindanao; six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao, provided that one of them shall be from the cultural communities.

 

The Presidential Agrarian Reform Council (PARC) shall be composed of the President of the Philippines as Chairperson, the Secretary of Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of the Departments of Agriculture; Environment and Natural Resources; Budget and Management; Interior and Local Government; Public Works and Highways; Trade and Industry; Finance; and Labor and Employment; Director-General of the National Economic and Development Authority; President, Land Bank of the Philippines; Administrator, National Irrigation Administration; Administrator, Land Registration Authority; and six (6) representatives of affected landowners to represent Luzon, Visayas and Mindanao; six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao: Provided, That at least one (1) of them shall be from the indigenous peoples: Provided, further, That at least one (1)of them shall come from a duly recognized national organization of rural women or a national organization of agrarian reform beneficiaries with a substantial number of women members: Provided, finally, That at least twenty percent (20%) of the members of the PARC shall be women but in no case shall they be less than two (2). (as amended by Section 17, RA 9700)

 

Section 42. Executive Committee.

There shall be an Executive Committee (EXCOM) of the PARC composed of the Secretary of the DAR as Chairman, and such other members as the President may designate, taking into account Article XIII, Section 5 of the Constitution. Unless otherwise directed by PARC, the EXCOM may meet and decide on any and all matters in between meetings of the PARC: provided, however, that its decisions must be reported to the PARC immediately and not later than the next meeting.

Section 43. Secretariat.

A PARC Secretariat is hereby established to provide general support and coordinative services such as inter-agency linkages; program and project appraisal and evaluation and general operations monitoring for the PARC.

The Secretariat shall be headed by the Secretary of Agrarian Reform who shall be assisted by an Undersecretary and supported by a staff whose composition shall be determined by the PARC Executive Committee and whose compensation shall be chargeable against the Agrarian Reform Fund. All officers and employees of the Secretariat shall be appointed by the Secretary of Agrarian Reform.

 Section 44. Provincial Agrarian Reform Coordinating Committee (PARCCOM).

A Provincial Agrarian Reform Coordinating Committee (PARCCOM) is hereby created in each province, composed of a Chairman, who shall be appointed by the President upon the recommendation of the EXCOM, the Provincial Agrarian Reform Officer as Executive Officer, and one representative each from the Departments of Agriculture, and of Environment and Natural Resources and from the LBP, one representative each from existing farmers' organizations, agricultural cooperatives and non-governmental organizations in the province; two representatives from landowners, at least one of whom shall be a producer representing the principal crop of the province, and two representatives from farmer and farmworker-beneficiaries, at least one of whom shall be a farmer or farmworker representing the principal crop of the province, as members: provided, that in areas where there are cultural communities, the latter shall likewise have one representative.

 

The PARCCOM shall coordinate and monitor the implementation of the CARP in the province. It shall provide information on the provisions of the CARP, guidelines issued by the PARC and on the progress of the CARP in the province.

 

A Provincial Agrarian Reform Coordinating Committee is hereby created in each province, composed of a Chairman, who shall be appointed by the President upon the recommendation of the EXCOM, the Provincial Agrarian Reform Officer as Executive Officer, and one (1) representative each from the Departments of Agriculture, and of Environment and Natural Resources and from the LBP; one (1) representative each from existing farmers' organizations, agricultural cooperatives and non-governmental organizations in the province; two (2) representatives from landowners, at least one (1) of whom shall be a producer representing the principal crop of the province, and two (2) representatives from farmer and farmworker or beneficiaries, at least one (1) of whom shall be a farmer or farmworker representing the principal crop of the province, as members: Provided, That in areas where there are cultural communities, the latter shall likewise have one (1) representative.

 

 

The PARCCOM shall coordinate and monitor the implementation of the CARP in the province. It shall provide information on the provisions of the CARP, guidelines issued by the PARC and on the progress of the CARP, in the province; in addition, it shall:

 

(a) Recommend to the PARC the following:

 

 

(1) Market prices to be used in the determination of the profit sharing obligation of agricultural entities in the province;

 

(2) Adoption of the direct payment scheme between the landowner and the farmer and/or farmworker beneficiary: Provided, that the amount and terms of payment are not more burdensome to the agrarian reform beneficiary than under the compulsory coverage provision of the CARL: Provided, further, That the agrarian reform beneficiary agrees to the amount and terms of payment: Provided, furthermore, That the DAR shall act as mediator in cases of disagreement between the landowner and the farmer and/or farmworker beneficiary; Provided, finally, That the farmer and/or farmer beneficiary shall be eligible to borrow from the LBP an amount equal to eighty-five percent (85%) of the selling price of the land that they have acquired;

(3) Continuous processing of applications for lease back arrangements, joint-venture agreements and other schemes that will optimize the operating size for agricultural production and also promote both security of tenure and security of income to farmer beneficiaries: Provided, That lease back arrangements should be the last resort. (as amended by Section 3, RA 7905)

 

CARP  (STRENGTHENING ITS IMPLEMENTATION)

PARC Executive Committee M.C. No. 01  -  August 30, 2000

Subject: Designating PARCCOM Representatives as One of the Signatories on the Final Inspection
Team Report Prior to Turn-Over of Completed CARP-Funded Projects

 

PARC ExeCom Policy Order No. 1 – August 18, 1997

Subject:  Policy Guidelines on Joint Venture Agreement/Leaseback Arrangements

 

A.O. No.  5  -  June 09, 1995 (Effectivity Date – June 29, 1995)

Subject:  Strengthening the Implementation of the CARP Pursuant to RA 7905 Amending Certain
Provisions of RA 6657 and Other Pertinent Laws

 

R.A. No.  7905  -  February  23,  1995

Subject:  An Act to Strengthen the Implementation of the CARP and for Other Purposes

 

PROVINCIAL AGRARIAN REFORM COORDINATING COMMITTEE (PARCCOM)

PARC Executive Committee M.C. No. 01  -  August 30, 2000

Subject:  Designating PARCCOM Representatives as One of the Signatories on the Final Inspection
Team Report Prior to Turn-Over of Completed CARP-Funded Projects

 

A.O. No. 6  -  June 15, 1995 (Effectivity Date – July 2, 1995)

Subject: Supplemental Guidelines to AO No. 7, S. ’94,  Re:  New Implementing Guidelines Strengthening the
Formation, Organization and Operation of the PARCCOM

 

M.C. No. 16  -  July 04, 1995

Subject:  Financial Support for the PARCCOM  Operations

 

M.C. No. 14  -  June 20, 1995

Subject: Operationalizing/Strengthening the Operations of the PARCCOM Nationwide

 

A.O. No. 7  -  August 30, 1994 (Effectivity Date – September 17, 1994)

Subject:  New Guidelines Strengthening the Formation, Organization and Operation of the PARCCOM 

 

A.O. No.  5  -  March 03, 1989 (Effectivity Date – March 16, 1989)

Subject:  Organization of the PARCCOM and the BARC

Section 45. Province-by-Province Implementation.

The PARC shall provide the guidelines for a province-by-province implementation of the CARP. The ten-year program of distribution of public and private lands in each province shall be adjusted from year to year by the province's PARCCOM in accordance with the level of operations previously established by the PARC, in every case ensuring that support services are available or have been programmed before actual distribution is effected.

 

The PARC shall provide the guidelines for the province-by-province implementation of the CARP, taking into account the peculiarities and needs of each place, kind of crops needed or suited, land distribution workload, beneficiaries development activities and other factors prevalent or obtaining in the area. In all cases, the implementing agencies at the provincial level shall promote the development of identified ARCs without neglecting the needs and problems of other beneficiaries.

The ten-year program of distribution of public and private land in each province shall be adjusted from year to year by the province's PARCCOM in accordance with the level of operations previously established by the PARC, in every case ensuring that support services are available or have been programmed before actual distribution is effected. (as amended by Section 4, RA 7905)

 

 

CARP  (STRENGTHENING ITS IMPLEMENTATION)

PARC ExeCom Policy Order No. 1 – August 18, 1997

Subject:  Policy Guidelines on Joint Venture Agreement/Leaseback Arrangements

 

A.O. No.  5  -  June 09, 1995 (Effectivity Date – June 29, 1995)

Subject:  Strengthening the Implementation of the CARP Pursuant to RA 7905 Amending Certain Provisions
of RA 6657 and Other Pertinent Laws

 

R.A. No.  7905  -  February  23,  1995

Subject:  An Act to Strengthen the Implementation of the CARP and for Other Purposes

Section 46. Barangay Agrarian Reform Committee (BARC).

Unless otherwise provided in this Act, the provisions of Executive Order No. 229 regarding the organization of the Barangay Agrarian Reform Committee (BARC) shall be in effect.


BARANGAY AGRARIAN REFORM COMMITTEE (BARC)

                 M.C. No. 05 – Series of 2010

Subject:  Updated Guidelines on Formation, Organization, Operationalization and Strengthening of Barangay
Agrarian Reform Council (BARC)

 

            A.O. No. 8  -  August 30, 1994 (Effectivity Date – September 17, 1994)

            Subject:  Mediation/Conciliation of Agrarian Disputes by BARC

 

           A.O. No.  14  -  August 03, 1990

            Subject:  Formation, Organization & Operation of the BARC

 

            A.O. No.  5  -  March 03, 1989 (Effectivity Date – March 16, 1989)

            Subject:  Organization of the PARCCOM and the BARC 

BARC, Philhealth Coverage for Members of 

M.C. No. 19 – December 30, 2003

Subject: Prioritizing PhilHealth Coverage for Members of the Barangay Agrarian Reform Committee (BARC)

Section 47. Functions of the BARC.

In addition to those provided in Executive Order No. 229, the BARC shall have the following functions:

(a) Mediate and conciliate between parties involved in an agrarian dispute including matters related to tenurial and financial arrangements;

(b) Assist in the identification of qualified beneficiaries and landowners within the barangay;

(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage;

(d) Assist qualified beneficiaries in obtaining credit from lending institutions;

(e) Assist in the initial determination of the value of the land;

(f) Assist the DAR representatives in the preparation of periodic reports on the CARP implementation for submission to the DAR;

(g) Coordinate the delivery of support services to beneficiaries; and

(h) Perform such other functions as may be assigned by the DAR.

 

(2) The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it within thirty (30) days from its taking cognizance thereof. If after the lapse of the thirty day period, it is unable to settle the dispute, it shall issue a certificate of its proceedings and shall furnish a copy thereof upon the parties within seven (7) days after the expiration of the thirty-day period.

 

AGRARIAN DISPUTES

           DAR A.O. No. 8  -  August 30, 1994 (Effectivity Date – September 17, 1994)

            Subject:  Mediation/Conciliation of Agrarian Disputes by BARC 

BARANGAY AGRARIAN REFORM COMMITTEE (BARC)

            M.C. No. 05 – Series of 2010 (Effectivity Date – March 24, 2010)

Subject:  Updated Guidelines on Formation, Organization, Operationalization and Strengthening of
Barangay Agrarian Reform Council (BARC)

 

            A.O. No. 8  -  August 30, 1994 (Effectivity Date – September 17, 1994)

            Subject:  Mediation/Conciliation of Agrarian Disputes by BARC

 

            A.O. No.  14  -  August 03, 1990

            Subject:  Formation, Organization & Operation of the BARC

 

            A.O. No.  5  -  March 03, 1989 (Effectivity Date – March 16, 1989)

            Subject:  Organization of the PARCCOM and the BARC 

MEDIATION/CONCILIATION

A.O. No.  8  -  August 30, 1994 (Effectivity Date – September 17, 1994)

Subject:  Conciliation of Agrarian Disputes by the BARC

Section 48. Legal Assistance.

The BARC or any member thereof may, whenever necessary in the exercise of any of its functions hereunder, seek the legal assistance of the DAR and the provincial, city, or municipal government.


AUTHORITY OF DAR LAWYERS

       DAR M.C. No. 9  -  May 26, 1994

      Subject:  Authority of DAR Lawyers to Appear as Counsel for the DAR Secretary or Other DAR
        Officials Who May Be Sued in Their Official Capacity
 

Administrative Code of 1987  (Executive Order No. 292)

      Subject:  Bureau of Agrarian Legal Assistance (BALA) – no. 8, Section 13, Chapter 4 of Title XI 

LEGAL ASSISTANCE, DAR MANUAL ON

M.C. No. 12 – September 15, 2009

Subject:  DAR Manual on Legal Assistance

Section 49. Rules and Regulations.

The PARC and the DAR shall have the power to issue rules and regulations, whether substantive or procedural, to carry out the objects and purposes of this Act. Said rules shall take effect ten (10) days after publication in two (2) national newspapers of general circulation.

ALI RULES (Rules on Agrarian Law Implementation Cases)

A.O. No. 03  -  January 16, 2003 (Effectivity Date – February 8, 2003)

Subject:   2003 Rules for Agrarian Law Implementation Cases 

            A.O. No. 06  -  August 30, 2000 (Effectivity Date – September 15, 2000)

            Subject:   Rules of Procedure for Agrarian Law Implementation (ALI) Cases 

APPEAL  PROCESS  (RD to the Secretary)

            A.O. No.  09  -  August 30, 1994 (Effectivity Date – September 26, 1994)

Subject:  Authorizing RDs to Hear or Decide Protests Involving Coverage Under
RA 6657/PD 27 & Defining the Appeal Process from the RDs to the Secretary

 

AUTHORITY OF REGIONAL DIRECTORS

M.C. No. 14 – August 29, 2003

Subject:  Amending Memorandum Circular No. 9, Series of 1997 as Amended by
MC No. 6, Series of 1998, Restoring the Authority to Approve/Disapprove/Act
on Protest Cases of Regional Directors (RDs) in Certain Provinces in Region IV Granted
Under Administrative Order No. 9, 10 and 12, Series of 1994 and
Administrative Order No. 5, Series of 1992

 

A.O. No.  06  -  August 30, 2000 (Effectivity Date – September 15, 2000)

Subject:   Rules of Procedure for Agrarian Law Implementation (ALI) Cases

 

M.C. No.  11  -  July 22, 1998

Subject: Amendment  to M.C. No. 9, S. 1997  Entitled:  “Recalling  the  Authority
to Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain
Provinces in Regions III and IV Granted Under A.O. Nos. 9,10
and 12, S. 1994 and A.O. No. 5, Series of 1992

 

M.C. No.  6  -  March 11, 1998

Subject:  Amendment to M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority to
Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain
Provinces in Regions III and IV Granted Under A.O. No. 9 and 12, S. 1994
and A.O. No. 5, Series of 1992

 

M.C. No. 18  -  May 07, 1997

Subject:  Amending Certain Provisions in MC No. 9, S. 1997

 

M.C. No. 9  -  March 13, 1997

Subject: Recalling the Authority to Approve/Disapprove/Act on Protest Cases of RDs in Certain
Provinces in Regions III & IV Per AOs 9,10, and 12 S. ’94 & AO 5, S. 1992

 

A.O. No. 10  -  August 30, 1994 (Effectivity Date – September 30, 1994)

Subject: Amending AO 13, S. 1990:  “Rules and Procedures Governing Exemption of Lands
from CARP Under Sec. 10 of RA 6657,”  to Authorize All RDs to
Hear & Decide Application for Exemption

 

A.O. No. 9  -  August 30, 1994 (Effectivity Date – September 26, 1994)

Subject:  Authorizing All RDs to Hear & Decide All Protests Involving Coverage Under
RA 6657 or PD 27 and Defining the Process from the RDs to the Secretary
 

            A.O. 14  -  October 28, 1988

            Subject:  Authorizing the Heirs of Deceased Beneficiary to Acquire and Register in the
Name of the Heirs Lands Acquired Under the Comprehensive Agrarian Reform Program

 

            M.C. No. 5  -  May 21, 1987

Subject:  Authorizing Regional Offices to Hear/Investigate and Resolve Cases

 

Ministry M.C. No. 5  -  August 19, 1984

Subject:  Authorizing all MAR RDs to Confirm and/or Designate the Successor of
a Deceased Farmer-Beneficiary

 

Ministry M.C.  No. 19  -  September 12, 1978

Subject:  Death of a Tenant-Beneficiary 

CONFIDENTIALITY  (Inter-Office Communications)/RIGHT TO INFORMATION

M.C. No. 07 – July 19, 2011

Subject:  Adopting and Implementing the Right to Information with Respect to the
Quasi-Judicial and Disciplinary Functions of the Department of Agrarian Reform
and Providing the Guidelines Therefor
 

M.C. No. 10 – December 19, 2007 (Effectivity Date – January 7, 2008) – Sections 10 to 14

Subject:  Code of Conduct for the Officials and Employees of DAR

 

M.C. No. 25  -  October 23, 1995

Subject: Measures to Uphold the Integrity and Confidentiality of Inter-Office
Communications Involving AR Law Implementation and Personnel Discipline

 

DOCKETING

M.C. No. 5  -  April 03, 1995

Subject: Rules on the Docketing of Agrarian Law Implementation and Personnel Discipline Cases

 

DOCKETING OF ALI AND PERSONNEL DISCIPLINE CASES

            M.C. No. 21 – October 25, 2004

Subject:  Revision of MC No. 11, Series of 2004, Re:  Release of Decisions, Resolutions,
or Orders in Agrarian Law Implementation Cases and Personnel Discipline Cases
 

M.C. No. 11 – June 18, 2004

Subject:  Release of DAR Central Office Decisions, Resolutions, or Orders in Agrarian
Law Implementation Cases and Personnel Discipline Cases

 

M.C. No. 5  -  April 03, 1995

Subject:  Rules on the Docketing of Agrarian Law Implementation and Personnel Discipline Cases

 

FEES AND CHARGES

M.C. No. 02 – March 25, 2011 (Effectivity Date – April 10, 2011)

Subject:  Revised Rates of Fees and Charges 

M.C. No.  15   -   December 21, 2000 (Effectivity Date – December 31, 2000)

Subject:   Revised Rates of Fees and Charges 

            M.C. No. 10  -   May 18, 2000

            Subject:   Revised Rates of Fees and Charges

 

MAR M.C. No. 12  -  August  22, 1983

Subject:  1983 MAR Revised Rates of Fees and Charges

 

FLASHPOINT CASES

M.C. No.  13  -  March 31, 1997

Subject:  Providing Mechanism for the Resolution of Flashpoint Cases 

LEGAL OPINION

M.C. No. 10  -  March 13, 1997

Subject:  Guidelines on the Rendition of Legal Opinions 

OPEN DOOR POLICY/TRANSPARENCY

M.C. No. 04 – March 03, 2004                    

Subject: Adopting and Directing an Open Door Policy and Planning Implementing Accessibility
and Transparency in the Department of Agrarian Reform
 

POLICY FORMULATION PROCESS, Institutionalizing the

M.C. No. 14 – July 30, 2004

Subject:  Institutionalizing the Policy Formulation Process and Delineating the Responsibilities,
Scope of Work and Accountability of Concerned Department of Agrarian Reform (DAR)
Units Involved In Policy Formulation, and Providing for the Procedures and
Systems for the Approval of Policy Issuances

 
PROTEST CASES

M.C. No. 10 – June 15, 2004 (Effectivity Date – June 25, 2004)

Subject:  Clarificatory Guidelines on Non-Acceptance of Application for Exemption,
Exclusion, Protest, Opposition or Petition for Lifting of CARP Coverage

 

M.C. No. 14 – August 29, 2003

Subject:  Amending M.C. No. 9, Series of 1997 as Amended by MC No. 6, Series of 1998,
Restoring the Authority to Approve/Disapprove/Act on Protest Cases of Regional
Directors (RDs) in Certain Provinces in Region IV Granted Under A.O. Nos. 9, 10 and 12,
Series of 1994 and A.O. No. 5, Series of 1992 [Amending M.C. No. 9, Series of 1997,
as amended by M.C. No. 6, Series of 1998]

 

M.C. No.  11  -  July 22, 1998

Subject:  Amendment to M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority to
Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain
Provinces in Regions III and IV Granted Under A.O. Nos. 9,10 and
12, S. 1994 and A.O. No. 5, Series of 1992

 

M.C. No. 6  -  March 11, 1998

Subject:  Amendment to  M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority to
Approve/Disapprove/Act on Protest Cases of RDs in Certain Provinces in Regions
III and IV Granted under AO No. 9 & 12, S. 1994 and AO No. 5, S. 1992

 

M.C. No. 18  -  May 07, 1997

Subject:  Clarifying the Internal Rules of Procedure of MC No. 9, S. ’97, Amending Certain Provisions

 

M.C. No. 9  -  March 13, 1997

Subject: Recalling the Authority to Approve/Disapprove/Act on Protest Cases of RDs  in Regions
III & Granted Under AO Nos. 9,10 & 12, S. ’94 and AO 5, S. 1992

 

A.O. No. 9  -  August 30, 1994 (Effectivity Date – September 26, 1994)

Subject: Authorizing All RDs to Hear & Decide All Protests Involving Coverage Under RA 6657
or PD 27 and Defining the Process from the RDs to the Secretary
 

PUBLIC ASSISTANCE AND COMPLAINTS UNIT  (PACU)

A.O. No. 8  -  April 26, 1989

Subject:  Creation of a PACU in the DAR        

 

RECONSTITUTION OF TITLES

M.C. No. 5  -  April 11, 1994 (Effectivity  Date – April 22, 1994)

Subject:  Guidelines on the Reconstitution of Lost or Destroyed Original Copies of Certificates
of  Title to be Initiated by the DAR Provincial Office

 

           R.A. 6732  -  July 17, 1989

Subject: An Act Allowing Administrative Reconstitution of Original Copies of Certificates
of Titles Lost or Destroyed Due to Fire, Flood and Other Force Majeure, Amending
for the Purpose Section One Hundred Ten of Presidential Decree Numbered Fifteen
Twenty-Nine and Section Five of Republic Act Numbered Twenty-Six

 

            LRA Circular No. 13  -  July 26, 1989

Subject: Administrative Reconstitution of Original Copies of Lost or Destroyed Certificate
of Title Pursuant to R.A. 6732

 

LRA Circular No. 35 – June 13, 1983

Subject: Supplemental Rules and Regulations Governing the Reconstitution of Lost or
Destroyed Land Certificates of Title

 

R.A. No. 26  -  September 25, 1946
Subject: An Act Providing a Special Procedure for the Reconstitution of Torrens
Certificates of Title Lost of Destroyed
 

P.D. 1529  -  Property Registration Decree 

RECONVEYANCE  (Found to be Outside CARP Coverage)

A.O. No. 03  -  August 29, 2000 (Effectivity Date – September 17, 2000)

Subject:  Amending DAR Administrative Order No. 9, Series of 1997, “Revised Rules
and Regulations on A.O. No. 3, Series of 1996, Re:  Reconveyance of Properties Turned
Over to DAR Pursuant to E.O. No. 407, as Amended, and Lands Voluntarily Offered Under
Section 19 of R.A. No. 6657 But Found to be Outside the Coverage of CARP

 

A.O. No. 9  -  December 10, 1997 (Effectivity Date – December 29, 1997)

Subject: Revision on A. O. No. 3, S. 1996,  Re:  “Reconveyance of Properties
Turned-Over to DAR Pursuant to EO 407, as Amended

 

A.O. No. 3  -  August 08, 1996 (Effectivity Date – August 31, 1996)

Subject:  Reconveyance of Properties Turned-Over to DAR Pursuant to EO No. 407/448 and
Lands Voluntarily Offered Under Sec. 19 of RA 6657 but Found to
be Outside the Coverage of CARP
 

REGIONAL DIRECTORS, Authority of  (RDs)

A.O. No. 03 – January 16, 2003 (Effectivity Date – February 8, 2003)

Subject:  Agrarian Law Implementation (ALI) Cases [Modifies
and Repeals DAR A.O. No. 6, Series of 2000]

 

A.O. No.  06  -  August 30, 2000 (Effectivity Date – September 15, 2000)

Subject:   Rules of Procedure for Agrarian Law Implementation (ALI) Cases

 

M.C. No.  11  -  July 22, 1998

Subject: Amendment to M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority to
Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain
Provinces in Regions III and IV Granted Under A.O. Nos. 9,10
and 12, S. 1994 and A.O. No. 5, Series of 1992

 

M.C. No.  6  -  March 11, 1998

Subject: Amendment to M.C. No. 9, S. 1997 Entitled:  “Recalling the Authority
to Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in Certain

                 Provinces in Regions III and IV Granted Under A.O. No. 9 and 12, S. 1994
and A.O. No. 5, Series of 1992

 

M.C. No. 18  -  May 07, 1997

Subject:  Amending Certain Provisions in MC No. 9, S. 1997

 

            M. C. No. 9  -  March 13, 1997

Subject:  Recalling the Authority to Approve/Disapprove/Act on Protest Cases of RDs in
Certain Provinces in Regions III & IV Per AOs 9,10, and 12 S. ’94 & AO 5, S. 1992
 

 

A.O. No. 10  -  August 30, 1994 (Effectivity Date – September 30, 1994)

Subject:  Amending AO 13, S. 1990:  “Rules and Procedures Governing Exemption of Lands
from CARP Under Sec. 10 of RA 6657,”  to Authorize All RDs to Hear &
Decide Application for Exemption

 

            A.O. No. 9  -  August 30, 1994 (Effectivity Date – September 26, 1994)

Subject: Authorizing All RDs to Hear & Decide All Protests Involving Coverage Under
RA 6657 or PD 27 and Defining the Process from the RDs to the Secretary

 

M.C. No.  2  -  July 15, 1992

Subject:  RDs Have no Supervision and Control Over the PARADs and RARADs 

            A.O. 14  -  October 28, 1988

            Subject:  Authorizing the Heirs of Deceased Beneficiary to Acquire and Register in the
Name of the Heirs Lands Acquired Under the Comprehensive Agrarian Reform Program

           

            M.C. No. 5  -  May 21, 1987

Subject:  Authorizing Regional Offices to Hear/Investigate and Resolve Cases

 

           Ministry M.C. No. 5  -  August 19, 1984

Subject: Authorizing All MAR RDs to Confirm and/or Designate the Successor of a
Deceased Farmer-Beneficiary

 

Ministry M.C.  No. 19  -  September 12, 1978

Subject:  Death of a Tenant-Beneficiary

 
SUBSTANTIVE AND PROCEDURAL ASPECTS OF THE AGRARIAN LAWS

M.C. No. 3  -  July 24, 1992

Subject: Lecture on the Substantive and Procedural Aspects of the Agrarian Laws, Including the CARL

CHAPTER XII
Administrative Adjudication

Section 50. Quasi-Judicial Powers of the DAR.

The DAR is hereby vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).

 

It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case. Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious and inexpensive determination for every action or proceeding before it.

 

It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces tecum, and enforce its writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court.

 

Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their organizations in any proceedings before the DAR: provided, however, that when there are two or more representatives for any individual or group, the representatives should choose only one among themselves to represent such party or group before any DAR proceedings.

 

Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately executory.

 

The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the DENR.

 

 

It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case. Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious and inexpensive determination of every action or proceeding before it.

 

It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces tecum and to enforce its writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court.

 

Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their organizations in any proceedings before the DAR Provided, however, That when there are two or more representatives for any individual or group, the representatives should choose only one among themselves to represent such party or group before any DAR proceedings.

 

Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately executory except a decision or a portion thereof involving solely the issue of just compensation. (as amended by Section 18, RA 9700)

 

 ADMINISTRATION OF OATHS

            A.O. No. 05 – September 13, 2011

Subject:  2011 Rules on the Administration of Oaths in Pursuance of Section 50 of R.A. No. 6657, as Amended

 ALI (AGRARIAN LAW IMPLEMENTATION) CASES

A.O. No. 03 – January 16, 2003 (Effectivity Date – February 8, 2003)

Subject:  Agrarian Law Implementation (ALI) Cases [Modifies and Repeals DAR A.O. No. 6, Series of 2000] 

A.O. No. 06  -  August 30, 2000 (Effectivity Date – September 15, 2000)

Subject:   Agrarian Law Implementation (ALI) Cases [Modifies or Repeals DAR A.O. No. 9, Series of 1994]

 
DARAB Rules        

2009 Department of Agrarian Reform Adjudication Board (DARAB) Rules of Procedure – September 01, 2009

 

2003 Department of Agrarian Reform Adjudication Board (DARAB) Rules of Procedure – January 17, 2003

 

M.C. No. 1  -  January 05, 1995

Subject:  Authority of the Adjudication Board to Conduct Summary Administrative Proceedings for the
Preliminary Determination of Just Compensation
 

            DARAB New Rules of Procedure (1994)

 

M.C. No.  6  -  September 14, 1992

Subject:  Signing Authority on Travel Orders of DARAB Officials and Personnel

 

M.C. No.  7  -  September 30, 1991

Subject: Scope of Jurisdiction of DARAB, RARADs and PARADs Over Orders/Decisions of the Secretary 

PARALEGALS,  Vital Role of Farmer

M.C. No. 15 – August 6, 2004

Subject:  Reaffirming  the  Vital  Roles of Farmer-Paralegals in Facilitating the Delivery of Agrarian
Justice and Providing for the Creation of Agrarian Justice Paralegal Support Fund
 

SUMMARY ADMINISTRATIVE PROCEEDINGS

            M.C. No. 1  -  January 5, 1995

Subject: Authority of the Adjudication Board to Conduct Summary Administrative Proceedings
for the Preliminary Determination of Just Compensation

 

A.O. No. 8  -  October 05, 1993 (Effectivity Date – October 24, 1993)

Subject:  Amendment to AO No. 8, s. 1991:  Amendments to AO No. 2, Series of 1991, on Summary
Administrative Proceedings on Land Compensation

 

A.O. No. 8  -  July 31, 1991

Subject:  Amendments to AO No. 2, Series of 1991, Entitled “Rules and Regulations on Summary
Administrative Proceedings on Land Compensation

 

A.O. No. 2  -  February 15, 1991

Subject:  Summary Administrative Proceedings on Land Compensation 

A.O. No. 13  -  November 08, 1989

Subject: Summary Proceedings for the Final Administrative Determination of Compensation in CA of Land

 

Section 50-A. Exclusive Jurisdiction on Agrarian Dispute. - No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists: Provided, That from the determination of the DAR, an aggrieved party shall have judicial recourse. In cases referred by the municipal trial court and the prosecutor's office, the appeal shall be with the proper regional trial court, and in cases referred by the regional trial court, the appeal shall be to the Court of Appeals.

In cases where regular courts or quasi-judicial bodies have competent jurisdiction, agrarian reform beneficiaries or identified beneficiaries and/or their associations shall have legal standing and interest to intervene concerning their individual or collective rights and/or interests under the CARP.

The fact of non-registration of such associations with the Securities and Exchange Commission, or Cooperative Development Authority, or any concerned government agency shall not be used against them to deny the existence of their legal standing and interest in a case filed before such courts and quasi-judicial bodies. (as added by Section 19, RA 9700)

 REFERRAL OF OR JURISDICTION ON AGRARIAN DISPUTE 

            A.O. No. 03 – July 19, 2011 (Effectivity Date – July 23, 2011)

Subject:  Revised Rules and Regulations Implementing Section 19 of R.A. No. 9700 (Jurisdiction
on and Referral of Cases that are Agrarian in Nature)

 

            DOJ Circular No. 40 – June 10, 2010

Subject:  Guidelines on the Investigation and Referral of Cases to the Department of Agrarian
Reform Pursuant to Section 19 of R.A. No. 9700

 

            Supreme Court Court Administrator Circular No. 62-2010 – April 28, 2010

Subject:  Implementation of Sections 7 and 50-A of R.A. No. 6657, Also Known as the Comprehensive
Agrarian Reform Law of 1988, as Respectively Amended by Sections 5 and 19 of R.A. No. 9700
(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)

 

            A.O. No. 04 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:    Implementing Section 19 of R.A. No. 9700 (Jurisdiction on and Referral of Agrarian Dispute)

 

DOJ Circular No. 23 – June 14, 2007

Subject:  Preliminary Investigation of Criminal Cases Related to Agrarian Reform

 

CUENCA CASE,  Continuation of the LAD Process Pursuant to the

M.C. No. 03 – September 20, 2005

Subject:   Supplemental/Clarificatory Guidelines  on DAR Memorandum Circular No. 2, Series
of 2005 (Full Implementation and  Continuation of  the Land Acquisition and Distribution
Process Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series
of 2004 and the Supreme Court Ruling in the Cuenca Case)
 

M.C. No. 02 – September 16, 2005

Subject:  Full Implementation and Continuation of the Land Acquisition and Distribution Process
Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004
and the Supreme Court Ruling in the Cuenca Case
 

INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, Effect on CARP Coverage of

M.C. No. 09  - May 13, 2004

Subject:   Supplemental Guidelines to Memorandum Circular No. 06, Series of 2004, Providing
Legal Assistance to DAR Officials and Employees Unjustly Charged in Court or Other
Government Bodies in the Performance of Their Duties, and Creating the
Legal Support Fund for the Purpose
 

M.C. No. 06 – March 03, 2004

Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining
Orders Issued by the Regular Courts on Acquisition and Distribution of Lands Under
the Comprehensive Agrarian Reform Program (CARP)
 

JURISDICTION OF DARAB, RARAD AND PARAD

M.C. No.  1  -  January 5, 1995

Subject: Authority of the Adjudication Board to Conduct Summary Administrative
Proceedings for the Preliminary Determination of Just Compensation

 

M.C. No. 7  -  September 30, 1991

Subject: Scope of Jurisdiction of DARAB, RARADs and PARADs Over Orders/Decisions of the Secretary

Section 51. Finality of Determination.

Any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution. Only one (1) motion for reconsideration shall be allowed. Any order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.

FINALITY OF ORDERS/DECISIONS

A.O. No. 03 – January 16, 2003 (Effectivity Date – February 8, 2003) – Sections 35 and 36

Subject:  Agrarian Law Implementation (ALI) Cases [Modifies
and Repeals DAR A.O. No. 6, Series of 2000]

 

M.C. No.  10  -  May 28, 1994

Subject:  Procedure in the Issuance of Finality of Orders/Resolution of Cases Arising from
the Administrative Implementation of AR Law Issued by the Secretary

 

M.C. No.  3  -  February 28, 1994

Subject:  Finality of Decisions/Orders Issued by the DAR Through the Secretary

Section 52. Frivolous Appeals.

To discourage frivolous or dilatory appeals from the decisions or orders on the local or provincial levels, the DAR may impose reasonable penalties, including but not limited to fines or censures upon erring parties.

Section 53. Certification of the BARC.

The DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from the BARC that the dispute has been submitted to it for mediation and conciliation without any success of settlement is presented: provided, however, that if no certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for mediation or conciliation the case or dispute may be brought before the PARC.




CHAPTER XIII
Judicial Review

Section 54. Certiorari.

Any decision, order, award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof.

The findings of fact of the DAR shall be final and conclusive if based on substantial evidence.

 

Section 55. No Restraining Order or Preliminary Injunction.

No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform.

 

Except for the Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC, the DAR, or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform. (as amended by Section 20, RA 9700)

 INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, Effect on CARP Coverage of

M.C. No. 03 – September 20, 2005

Subject:   Supplemental/Clarificatory Guidelines  on DAR Memorandum Circular No. 2, Series of 2005
(Full Implementation and  Continuation of  the Land Acquisition and Distribution Process Pursuant
to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004 and the
Supreme Court Ruling in the Cuenca Case)
 

M.C. No. 02 – September 16, 2005

Subject:  Full Implementation and Continuation of the Land Acquisition and Distribution Process
Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004
and the Supreme Court Ruling in the Cuenca Case
 

M.C. No. 09  - May 13, 2004

Subject:   Supplemental Guidelines to Memorandum Circular No. 06, Series of 2004, Providing
Legal Assistance to DAR Officials and Employees Unjustly Charged in Court or Other
Government Bodies in the Performance of Their Duties, and Creating the Legal Support Fund for the Purpose
 

M.C. No. 06 – March 03, 2004

Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining Orders
Issued by the Regular Courts on Acquisition and Distribution of Lands Under the
Comprehensive Agrarian Reform Program (CARP)
  

Section 56. Special Agrarian Court.

The Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court.

The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province. In the designation, the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian Relations.

The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts.

The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts.

 

Section 57. Special Jurisdiction.

The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, and the prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts, unless modified by this Act.

The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision.

 

Section 58. Appointment of Commissioners.

The Special Agrarian Courts, upon their own initiative or at the instance of any of the parties, may appoint one or more commissioners to examine, investigate and ascertain facts relevant to the dispute including the valuation of properties, and to file a written report thereof with the court.


Section 59. Orders of the Special Agrarian Courts.

No order of the Special Agrarian Courts on any issue, question, matter or incident raised before them shall be elevated to the appellate courts until the hearing shall have been terminated and the case decided on the merits.


Section 60. Appeals.

An appeal may be taken from the decision of the Special Agrarian Courts by filing a petition for review with the Court of Appeals within fifteen (15) days receipt of notice of the decision; otherwise, the decision shall become final.

An appeal from the decision of the Court of Appeals, or from any order, ruling or decision of the DAR, as the case may be, shall be by a petition for review with the Supreme Court within a non-extendible period of fifteen (15) days from receipt of a copy of said decision.

 

APPEAL FEES/FEES AND CHARGES

M.C. No. 02 – March 25, 2011

Subject:  Revised Rates of Fees and Charges 

M.C. No. 15  -  December 21, 2000 (Effectivity Date – December 31, 2000)

Subject:   Revised Rates of Fees and Charges

                M. C.  No. 10  -  May 18, 2000

            Subject:  Revised Rates of Fees and Charges

Section 61. Procedure on Review.

Review by the Court of Appeals or the Supreme Court, as the case may be, shall be governed by the Rules of Court. The Court of Appeals, however, may require the parties to file simultaneous memoranda within a period of fifteen (15) days from notice, after which the case is deemed submitted for decision.


Section 62. Preferential Attention in Courts.

All courts in the Philippines, both trial and appellate, shall give preferential attention to all cases arising from or in connection with the implementation of the provisions of this Act.

All cases pending in court arising from or in connection with the implementation of this Act shall continue to be heard, tried and decided into their finality, notwithstanding the expiration of the ten-year period mentioned in Section 5 hereof.

 

CHAPTER XIV
Financing

Section 63. Funding Source.

The initial amount needed to implement this Act for the period of ten (10) years upon approval hereof shall be funded from the Agrarian Reform Fund created under Sections 20 and 21 of Executive Order No. 229.

 

 

 

Additional amounts are hereby authorized to be appropriated as and when needed to augment the Agrarian Reform Fund in order to fully implement the provisions of this Act.

 

 

 

 

Sources of funding or appropriations shall include the following:

The amount needed to implement this Act until the year 2008 shall be funded from the Agrarian Reform Fund.

 

 

 

 

 

Additional amounts necessary for this purpose are hereby authorized to be appropriated in excess of the initial funds, amounting to Fifty billion pesos (P50,000,000,000.00) provided under Sections 20 and 21 of Executive Order No. 229.

The additional amount hereby authorized to be appropriated shall in no case exceed Fifty billion pesos (P50,000,000,000.00).

Sources of funding or appropriations shall include the following:
 

The amount needed to further implement the CARP as provided in this Act, until June 30, 2014, upon expiration of funding under Republic Act No. 8532 and other pertinent laws, shall be funded from the Agrarian Reform Fund and other funding sources in the amount of at least One hundred fifty billion pesos (P150,000,000,000.00).

 

Additional amounts are hereby authorized to be appropriated as and when needed to augment the Agrarian Reform Fund in order to fully implement the provisions of this Act during the five (5)-year extension period.

 

 

 

Sources of funding or appropriations shall include the following:

 

(a) Proceeds of the sales of the Assets Privatization Trust;

a) Proceeds of the sales of the Assets Privatization Trust;

 

(a) Proceeds of the sales of the Privatization and Management Office (PMO);

(b) All receipts from assets recovered and from sales of ill-gotten wealth recovered through the Presidential Commission on Good Government;

 

b) All receipts from assets recovered and from sales of ill-gotten wealth recovered through the Presidential Commission on Good Government;

 

b)All receipts from assets recovered and from sales of ill-gotten wealth recovered through the PCGG excluding the amount appropriated for compensation to victims of human rights violations under the applicable law;

(c) Proceeds of the disposition of the properties of the Government in foreign countries;

 

c) Proceeds of the disposition of the properties of the Government in foreign countries, for the specific purposes of financing production credits, infrastructure and other support services required by this Act;

 

(c) Proceeds of the disposition and development of the properties of the Government in foreign countries, for the specific purposes of financing production credits, infrastructure and other support services required by this Act;

 

d) All income and collections arising from the agrarian reform operations, projects and programs of CARP implementing agencies;

 

(d) All income and, collections of whatever form and nature arising from the agrarian reform operations, projects and programs of the DAR and other CARP implementing agencies;

(d) Portion of amounts accruing to the Philippines from all sources of official foreign grants and concessional financing from all countries, to be used for the specific purposes of financing production credits, infrastructures, and other support services required by this Act;

e) Portion of amounts accruing to the Philippines from all sources of official foreign aid grants and concessional financing from all countries, to be used for the specific purposes of financing production, credits, infrastructures, and other support services required by this Act;

(e) Portion of amounts accruing to the Philippines from all sources of official foreign aid grants and concessional financing from all countries, to be used for the specific purposes of financing productions, credits, infrastructures, and other support services required by this Act;

 

f) Yearly appropriations of no less than Three billion pesos (P3,000,000,000.00) from the General Appropriations Act;

(f) Yearly appropriations of no less than Five billion pesos (P5,000,000,000.00) from the General Appropriations Act;

 

g) Other government funds not otherwise appropriated. (as amended by Section 1, RA 8532)

(g) Gratuitous financial assistance from legitimate sources; and

(e) Other government funds not otherwise appropriated.

 

 

(h) Other government funds not otherwise appropriated.

All funds appropriated to implement the provisions of this Act shall be considered continuing appropriations during the period of its implementation

 

All funds appropriated to implement the provisions of this Act shall be considered continuing appropriations during the period of its implementation: Provided, That if the need arises, specific amounts for bond redemptions, interest payments and other existing obligations arising from the implementation of the program shall be included in the annual General Appropriations Act: Provided, further, That all just compensation payments to landowners, including execution of judgments therefore, shall only be sourced from the Agrarian Reform Fund: Provided, however, That just compensation payments that cannot be covered within the approved annual budget of the program shall be chargeable against the debt service program of the national government, or any unprogrammed item in the General Appropriations Act: Provided, finally, That after the completion of the land acquisition and distribution component of the CARP, the yearly appropriation shall be allocated fully to support services, agrarian justice delivery and operational requirements of the DAR and the other CARP implementing agencies. (as amended by Section 21, RA 9700)

Section 64. Financial Intermediary for the CARP.

The Land Bank of the Philippines shall be the financial intermediary for the CARP, and shall insure that the social justice objectives of the CARP shall enjoy a preference among its priorities.

 

CHAPTER XV
General Provisions

Section 65. Conversion of Lands.

After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: provided, that the beneficiary shall have fully paid his obligation.

 

After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner with respect only to his/her retained area which is tenanted, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That if the applicant is a beneficiary under agrarian laws and the land sought to be converted is the land awarded to him/her or any portion thereof, the applicant, after the conversion is granted, shall invest at least ten percent (10%)of the proceeds coming from the conversion in government securities: Provided, further, That the applicant upon conversion shall fully pay the price of the land: Provided, furthermore, That irrigated and irrigable lands, shall not be subject to conversion: Provided, finally, That the National Irrigation Administration shall submit a consolidated data on the location nationwide of all irrigable lands within one (1)year from the effectivity of this Act.

Failure to implement the conversion plan within five (5) years from the approval of such conversion plan or any violation of the conditions of the conversion order due to the fault of the applicant shall cause the land to automatically be covered by CARP. (as amended by Section 22, RA 9700)

 

  

CONVERSION

A.O. No. 02 – July 19, 2011 (Effectivity Date – August 2, 2011)

Subject:  Rules  on the Conversion of Agricultural Lands for Government Housing Projects Intended for Armed
Forces of the Philippines and Philippine National Police Personnel Pursuant to
Office of the President Administrative Order No. 9, Series of 2011
 

OP A.O. No. 226-A – July 14, 2008 (Amending OP A.O. No. 226)

 

OP A.O. No. 226 – May 16, 2008 (Suspending the Processing and Approval of All Land
Conversion Applications of All Rice Lands)

 

A.O. No. 05 – August 02, 2007 (Effectivity Date – August 16, 2007)

Subject:   Amendments to the 2002 Comprehensive Rules on Land Use Conversion 

M.C. No. 20 – August 16, 2004        

Subject:  Enjoining Strict Compliance with the Pertinent Provisions of DAR A.O. No. 1, S. 2002
in the Processing of Application for Extension of Time to Conduct Development on Lands Issued
with Conversion Order and Mandating the Immediate Acquisition and Distribution of Lands
Not Developed Despite the Expiration of the Maximum Period for Development
 

MEMORANDUM FROM THE SECRETARY – June 30, 2004

            Subject   :  Lifting of Moratorium on Conversion and Exemption Applications 

S.O. No. 453 – June 28, 2004

Subject: Modifying Special Orders Nos. 823 and 832 and Providing Guidelines for Rationalizing
the Disposition of Applications for Conversion, Exemption, Exclusion and Other Agrarian
Law Implementation (ALI) Cases and For Purposes of Ensuring the Integrity of Case Records

 

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004 (Moratorium on the Processing
                   and Grant of Applications for Conversion and Exemption of All Lands Devoted to or Suitable for Agriculture) 

M.C. No. 05 – March 03, 2004

Subject:  Moratorium on the Processing and Grant of Applications for Conversion and Exemption
of All Lands Devoted to or Suitable for Agriculture 

S.O. No. 832 – November 03, 2003

Subject:  Addendum to the Special Order No. 823 Reconstituting Center for Land Use Policy,
Planning and Implementation (CLUPPI) Secretariat 

 

S.O. No. 823 – October 27, 2003

Subject:  Reconstitution of Center for Land Use Policy, Planning and Implementation (CLUPPI) Secretariat 

A.O. No. 02 -  May 21, 2002 (Effectivity Date – June 6, 2002)

Subject:  Institutionalization of the Center for Land Use Policy, Planning and Implementation (CLUPPI) 

 

M.C. No. 02  -  May 21, 2002

Subject:   Guidelines for the Processing of Land Use Conversion Applications Pursuant to
Administrative Order No. 1, Series of 2002 Entitled “2002 Comprehensive Rules on Land Use Conversion”
 

A.O. No.  01  -   February 28, 2002 (Effectivity Date – May 13, 2002) – Major Guideline

Subject:  2002 Comprehensive Rules on Land Use Conversion

 

            E.O. No. 45  -  October 24, 2001 

Subject:  Prescribing Time Periods for Issuance of Housing Related Certifications, Clearances
and Permits, and Imposing Sanctions for Failure to observe the Same
 

M.C. No.  08  -   October 15, 2001

Subject: Issuance of DAR Certification and Extending Full Support and Cooperation to Local Government
Units in the Preparation/Completion and/or Updating of Their Comprehensive Land Use Plans
 

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

M.C. No.  01   -   January 09, 2001 (Effectivity Date – January 22, 2001)

Subject:  Operational Guidelines for the Posting and Disposition of Cash Bond and Performance Bond
Pursuant to Administrative Order No. 1, series of 1999, Entitled “Revised Rules and Regulations
on the Conversion of Agricultural lands to Non-Agricultural Uses”
 

A.O. No.  02  -   August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Modified Guidelines on the Conversion of Agricultural Lands for Socialized and Low Cost Housing Purposes 

M.C. No. 11 – July 06, 2000

Subject:  Directing All Municipal Agrarian Reform Officers (MAROs), Provincial Agrarian Reform
Officers (PAROs), and Regional Directors (RDs) to Extend Full Support and Cooperation
to All Concerned Local Government Units (LGUs) in the Preparation and Completion of
Their Comprehensive Land Use Plans (CLUPs)

 

M.C. No. 17  -   October 26, 1999 (Effectivity  Date – November 8, 1999)

             Subject:  Granting a Final Grace Period for Acceptance of Conversion Applications Under
DAR Administrative Order No. 1, Series of 1999, Using the Prescribed Forms Under AO 7, Series of 1997

 

            M.C. No. 9   -   May 15, 1999

            Subject:  Internal/Clarificatory Guidelines for the Processing of Land Use Conversion Applications
Pursuant to A.O. No. 1, Series of 1999 Entitled “Revised Rules and Regulations on the
Conversion of Agricultural to Non-Agricultural Uses”
                       

A.O. No. 1  -   March 30, 1999

            Subject:   Conversion of Agricultural Lands to Non-Agricultural Uses

 

M.C. No.  1   -   January  11, 1999

            Subject:   Suspension of Issuance of Land Use Conversion

 

M.C. No.  3  -  February 6, 1998

Subject:  Internal Guidelines for the Processing of Land Use Conversion Applications Under
A.O. No. 7, S. 1997:  “Omnibus Rules and Procedures Governing Conversion of Agricultural
Lands to Non-agricultural uses”, and its Amendments

 

R.A. No. 8435  -  December  22,  1997

Subject:  An Act Prescribing Urgent Related Measures to Modernize the Agriculture and Fisheries
Sectors of the Country in Order to Enhance their Profitability, and Prepare Said Sectors for
the Challenges of Globalization Through an Adequate, Focused and Rational Delivery of Necessary
Support Services, Appropriating Funds Therefor and for Other Purposes

 

A.O. No. 10  -  December 16,  1997 (Effectivity Date – November 15, 1997)

Subject:  Amendments to A. O. No. 7, S. 1997,  Entitled:  “Omnibus Rules and Procedures Governing
Conversion of Agricultural Lands to Non-agricultural Uses”

 

M.C. No. 9  -  March 13,  1997

Subject:  Recalling the Authority to Approve/Disapprove/Act on Protest Cases of RDs in Certain
Provinces in Regions III and IV Granted Under A. O. Nos. 9,10 and 12, Series of 1994 and A. O. No. 5, Series of 1992
 

A.O. No. 7   -  October 29,  1997 (Effectivity Date – November 15, 1997)

Subject:  Omnibus Rules and Procedures Governing Conversion of Agricultural Lands to Non-agricultural Uses 

A.O. No.  363  -  October 9,  1997  (Office of the President)

Subject: Prescribing Guidelines for the Protection of Areas Non-Negotiable for Conversion and
Monitoring Compliance with Section 20 of the Local Government Code

 

M.C. No. 23  -  June 02, 1997

Subject: Amending MC 04, S. 1996, Designating a SHOPC Desk Officer with Authority to
Approve/Disapprove Applications for Conversion and Exemption Pursuant to EO 184, S.
1994 & Providing Additional Guidelines

 

M.C. No. 6  -  January 29, 1997

Subject:  Additional Guidelines on Land Use Conversion Application Processing and Status Reporting 

M.C. No. 4  -  April 22, 1996

Subject:  Expedited Processing of Applications for Conversion/Exemption Thru the SHOPC Per EO 184  S. 1994

 

A.O. No. 1  -  February 02, 1996 (Effectivity Date – July 15, 1996)

Subject:  Conversion of Public Agricultural Lands to Fishponds/Prawn Farms Pursuant to RA 6657 as Amended

 

A.O. No. 4  -  May 16, 1995

Subject:  Supplemental Guidelines to AO No. 12, Series of 1994 on Conversion of Agricultural Lands
to Non-agricultural Uses, Pursuant to RA 7881

 

A.O. No. 12  -  October 24, 1994 (Effectivity Date – November 10, 1994)

Subject: Revised Rules Governing Conversion of Agricultural Lands to Non-Agricultural Uses

 

Joint DAR-DOJ A.O. No. 5  -  April 22, 1994

Subject:  Amendments to Joint AO No. 4, Series of 1993, on Illegal Conversion of Agricultural Lands

 

Joint A.O. No. 4  -  May  04, 1993

Subject:  Illegal Conversion of Agricultural Lands 

A.O. No. 20  -  Dec. 07, 1992  (Office of the President)

Subject:  Interim Guidelines on Agricultural Land Use Conversion 

M.C. No. 54  -  June 08, 1993  (Office of the President)

Subject: Prescribing the Guidelines on the LGC  of 1991 Authorizing Cities and Municipalities to Reclassify
Agricultural Lands into Non-agricultural Uses

 

E.O.  124  (OP)  -  September  8,  1993

Subject: Establishing Priorities and Procedures in Evaluating Areas Proposed for Land Conversion
in Regional Agri-Industrial Centers/Regional Industrial Centers, Tourism Development Areas
and Sites for Socialized Housing

 

E.O. No.  72  -  March 25, 1993

Subject: Providing for the Preparation and Implementation of the Comprehensive Land Use Plans
of LGU Pursuant to the LGC 1991 and Other Pertinent Laws

 

A.O. No.  7  -  November  05, 1992

Subject:  Amendments to AO No. 8, Series of 1990

 

DA A.O. No. 2  -  February 24, 1992

Subject:  Amending the Guidelines on Certification of  Eligibility for Conversion of Agricultural
Land to Non-agricultural Uses

 

A.O. No. 8  -  August 13, 1990

Subject:  Amendments to AO No. 18, Series of 1989 and AO No. 1 and 2, Series of 1990

 

A.O. No.  2  -  March 22, 1990

Subject:  Processing and Approval of Applications for Land Use Conversion

 

A.O. No. 1  -  March  22, 1990

Subject: Revised Rules and Regulations on the Conversion on Private Agricultural Lands to Non-agricultural Uses

 

A.O. No.  18  -  December  14, 1989

Subject:  Revised Rules and Procedures on Conversion of Private  Agricultural Lands to Non-Agricultural Uses

 

A.O. No. 16  -  November 6, 1989

Subject:  Cutting of Coconut Trees and/or Change in Use of Lands Primarily Devoted to Coconut

 

A.O. No.  15  -  November 6, 1989

Subject:  Conversion of Untenanted Lands Located Within the Non-agricultural Zones as Embodied
in the Land Use Plans of Cities/Municipalities

 

A.O. No. 15  -  December 5, 1988 (Effectivity Date – December 17, 1988)

Subject: Rules and Procedures Governing Conversion of Private Agricultural Lands to Non-agricultural Uses 

            Section 65 of R.A. 6657

 
CONVERSION CLEARANCES,  Suspension of Issuance

M.C. No.  1   -   January  11, 1999

            Subject:   Suspension of Issuance of Land Use Conversion

 
CONVERSION FOR AFP/PNP PERSONNEL HOUSING PROJECTS

A.O. No. 02 – July 19, 2011 (Effectivity Date – August 2, 2011)

Subject:  Rules  on the Conversion of Agricultural Lands for Government Housing Projects Intended
for Armed Forces of the Philippines and Philippine National Police Personnel Pursuant to
Office of the President Administrative Order No. 9, Series of 2011

 

ELIGIBILITY for Conversion, Certificate of

DA A.O. No. 2  -  February 24, 1992

Subject:  Amending the Guidelines on Certification of  Eligibility for Conversion of Agricultural Land to Non-agricultural Uses 

EXPEDITED PROCESSING  (Conversion/Exemption)

M.C. No.  4  -  April 22, 1996

Subject:  Expedited Processing of Applications for conversion & Exemption Thru the SHOPC Per EO 184 S. ’94 

HOUSING, Socialized or Low-Cost (Conversion)

A.O. No.  02  -   August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:  Modified Guidelines on the Conversion of Agricultural Lands for Socialized and Low Cost Housing Purposes

 

            M.C. No. 23  -  June  02,  1997

            Subject: Designating a SHOPC Desk Officer and Authorizing Him to Approve/ Disapprove Applications for
Conversion & Exemption Through the Socialized Housing One Stop Processing Center Per EO 185  S. 1994

 

E.O. No. 184  -  June 27, 1994

Subject:  Creating Socialized Housing One-Stop Processing Centers to Facilitate the Processing and Issuance
of Permits, Clearances, Certifications and Licenses Appropriate and Necessary for the Implementation
of Socialized Housing Projects, and Directing All Government Agencies Concerned to Support the
Operations of the Said Centers

 

E.O. No.  124  -   September 8, 1993

Subject:  Establishing Priorities and Procedures in Evaluating Areas Proposed for Land Conversion in Regional
Agri-Industrial Centers/Regional Industrial Centers, Tourism Development Areas and
Sites for Socialized Housing

 

R.A. No.  7279  -  March 24, 1992

Subject:  An Act to Provide for a Comprehensive Agrarian Reform Program and Continuing
Urban Development and Housing Program, Establish the Mechanism for
Its Implementation, and for Other Purposes
 

ILLEGAL CONVERSION

Joint DAR-DOJ A.O. No. 5  -  April 22, 1994

Subject: Amendment to Joint AO No. 4, Series of 1993 on Illegal Conversion of Agricultural Lands

 

Joint A.O. No. 4  -  May  04, 1993

Subject:  Illegal Conversion of Agricultural Lands 

NON-NEGOTIABLE FOR CONVERSION

A.O. No.  363  -  October 9,  1997  (Office of the President)

Subject:  Prescribing Guidelines for the Protection of Areas Non-negotiable for Conversion
and Monitoring Compliance with Section 20 of the Local Government Code

 

M.C. No. 54  -  June 08, 1993  (Office of the President)

Subject:  Prescribing the Guidelines on the LGC  of 1991 Authorizing Cities and Municipalities
to Reclassify Agricultural Lands into Non-agricultural Uses
 

            A.O. No. 20  -  December 07, 1992  (Office of the President)

            Subject:  Interim Guidelines on Agricultural Land Use Conversion

 AUTHORITY OF SHOPC DESK OFFICER

            M.C. No. 23  -  June  02,  1997

            Subject:  Designating a SHOPC Desk Officer and Authorizing Him to

                           Approve/Disapprove Applications for Conversion & Exemption Through the Socialized
Housing One Stop Processing Center Per EO 185  S. 1994
 

BOND  (CASH AND PERFORMANCE)

            M.C. No.  01   -   January 09, 2001 (Effectivity Date – January 22, 2001)

Subject:  Operational Guidelines for the Posting and Disposition of Cash Bond and Performance
Bond Pursuant to Administrative Order No. 1, series of 1999, Entitled “Revised Rules
and Regulations on the Conversion of Agricultural Lands to Non-Agricultural Uses”
 

       M.C. No. 06  -  May 21, 1993 (Effectivity  Date – May 31, 1993)

            Subject: Pre-Qualification, Public Raffle and Award of CARP Module Survey Projects

 
CLUPPI

            S.O. No. 832 – November 03, 2003

Subject:  Addendum to the Special Order No. 823 Reconstituting Center for Land Use Policy,
Planning and Implementation (CLUPPI) Secretariat 

 

S.O. No. 823 – October 27, 2003

Subject:  Reconstitution of Center for Land Use Policy, Planning and Implementation (CLUPPI) Secretariat

 

A.O. No. 02  -   May 21, 2002 (Effectivity Date – June 2, 2002)

             Subject:  Institutionalization of the Center for Land Use Policy, Planning and Implementation (CLUPPI)

 

            A.O. No. 14  -  December 06,  1994 (Effectivity Date – December 30, 1994)

            Subject:  Creating a Center for Land Use Policy, Planning and Implementation  (CLUPPI) 

EXTENSION OF TIME TO CONDUCT DEVELOPMENT (Conversion)

M.C. No. 20 – August 16, 2004        

Subject:  Enjoining Strict Compliance with the Pertinent Provisions of DAR A.O. No. 1, S. 2002
in the Processing of Application for Extension of Time to Conduct Development on Lands
Issued with Conversion Order and Mandating the Immediate Acquisition and Distribution
of Lands Not Developed Despite the Expiration of the Maximum Period for Development
 

GRACE PERIOD (Acceptance of Conversion Applications)

               M.C. No. 17  -   October 26, 1999 (Effectivity  Date – November 18, 1999)

             Subject:  Granting a Final Grace Period for Acceptance of Conversion Applications Under
DAR Administrative Order No. 1, Series of 1999, Using the Prescribed
Forms Under AO 7, Series of 1997
 

INVENTORY

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions 

LAND USE PLANS, Comprehensive

            M.C. No. 08  -   October 15, 2001

Subject:   Issuance of DAR Certification and Extending Full Support and Cooperation to
Local Government Units in the Preparation/Completion and/or Updating of
Their Comprehensive Land Use Plans
 

LOW-COST AND SOCIALIZED HOUSING, Conversion of Agricultural Lands for

A.O. No.  02  -   August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Conversion of Agricultural Lands for Socialized and Low Cost Housing  

MONITORING (Conversion/Exemptions/Exclusions)

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

 

            M.C. No. 16  -  July 18, 1996

Subject: Prescribing the Revised Guidelines in the Performance of the Regular
Functions of the Regional Planning Divisions (RPDs) and Provincial Planning,
Monitoring and Evaluation Units (PMEUs)
 

MORATORIUM ON CONVERSION/EXEMPTIONS

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004
            (Moratorium on the Processing and Grant of Applications for Conversion and Exemption
            of All Lands Devoted to or Suitable for Agriculture)
 

M.C. No. 05 – March 03, 2004

Subject:  Moratorium on the Processing and Grant of Applications for Conversion and
            Exemption of All Lands Devoted to or Suitable for Agriculture
 

A.O. No. 04 – January 16, 2003 (Effectivity Date – February 9, 2003)

Subject:  2003 Rules on Exemption of Lands from CARP Coverage Under Section 3 (c )
of Republic Act No. 6657 and Department of Justice (DOJ) Opinion No. 44, series of 1990
 

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions 

PERFORMANCE BOND

M.C. No.  01   -   January 09, 2001 (Effectivity Date – January 22, 2001)

Subject:  Operational Guidelines for the Posting and Disposition of Cash Bond and
Performance Bond Pursuant to Administrative Order No. 1, series of 1999,
Entitled “Revised Rules and Regulations on the Conversion of Agricultural
Lands to Non-Agricultural Uses”
 

R.A. 7881

R.A. No. 7881 – February 20, 1995

Subject:  An Act Amending Certain Provisions of R.A. No. 6657 [Section 3(b), 10, 11, 32, 65 and 73] 

 

M.C. No. 32  -  Series of  1997 

 

 

Subject:  Lifting the Suspension of the Implementation of R.A. No. 7881 and its Implementing Rule, A. O. No. 3, S. 1985

 

M.C. No. 27  -  November 20, 1995

Subject:  Suspension of the Implementation of RA 7881, Its Implementing Rule, AO No. 3, Series of
1995, Per Supreme Court Resolution dated Nov. 13, 1995
 

RECLASSIFICATION/CONVERSION

M.C. No. 54  -  June 08, 1993  (Office of the President)

Subject:  Prescribing the Guidelines Governing Sec. 20 of RA 7160 Known as the LGC of 1991
Authorizing Cities and Municipalities to Reclassify Agricultural Lands into Non-Agricultural Uses
 

            Joint HLRB-DAR, DA, DILG M.C.  -  March 21, 1995

Subject:  Prescribing the Guidelines to Implement MC 54 (The Authority of Cities and Municipalities to
Reclassify Lands Within the Limits Prescribed by Section 20 of RA 7160 Otherwise
Known as the Local Government Code of 1991)
 

REGIONAL AGRI-INDUSTRIAL/INDUSTRIAL CENTERS/TOURISM DEVELOPMENT AREAS

E.O.  124  (OP)  -  September  8,  1993

Subject: Establishing Priorities and Procedures in Evaluating Areas Proposed for Land
Conversion in Regional Agri-Industrial Centers/Regional Industrial Centers,
Tourism Development Areas and Sites for Socialized Housing

 

SOCIALIZED HOUSING One Stop Processing Center  -   (SHOPC)

A.O. No.  02  -   August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Modified Guidelines on the Conversion of Agricultural Lands for Socialized
and Low Cost Housing Purposes

 

            M.C. No. 23  -  June  02,  1997

            Subject:  Designating a SHOPC Desk Officer and Authorizing Him to Approve/Disapprove
            Applications for Conversion & Exemption Through the Socialized Housing
            One Stop Processing Center Per EO 185  S. 1994
 

M.C. No. 4  -  April 22, 1996

Subject:  Expedited Processing of Applications for Conversion/Exemption Thru the SHOPC Per EO 184  S. 1994 

 

E.O. No. 184  -  June 27, 1994

Subject:  Creating Socialized Housing One-Stop Processing Centers to Facilitate the Processing and
Issuance of Permits, Clearances, Certifications and Licenses Appropriate and Necessary for the
Implementation of Socialized Housing Projects, and Directing All Government Agencies
Concerned to Support the Operations of the Said Centers

 

E.O. No.  124  -   September 8, 1993

Subject:  Establishing Priorities and Procedures in Evaluating Areas Proposed for Land Conversion in
Regional Agri-Industrial Centers/Regional Industrial Centers, Tourism Development
Areas and Sites for Socialized Housing

 

R.A. No.  7279  -  March 24, 1992

Subject:  An Act to Provide for a Comprehensive Agrarian Reform Program and Continuing
Urban Development and Housing Program, Establish the Mechanism for Its
Implementation, and for Other Purposes
 

TOURIST DEVELOPMENT AREAS

E.O.  124  (OP)  -  September  8,  1993

Subject: Establishing Priorities and Procedures in Evaluating Areas Proposed for Land
Conversion in Regional Agri-Industrial Centers/Regional Industrial Centers, Tourism
Development Areas and Sites for Socialized Housing
 

TOURIST ZONES

            DAR M.C. No. 07 – March 29, 2004          

Subject: Clarificatory Guidelines on the Effect of Declarations of General Areas in the Country
as “Tourist Zones” to the Coverage of Lands Devoted to or Suitable for Agriculture Within
Said Areas Under the Comprehensive Agrarian Reform Program (CARP)

 

UNTENANTED LANDS,  Conversion of

A.O. No.  15  -  November 6, 1989

Subject:  Conversion of Untenanted Lands Located Within the Non-agricultural Zones as
Embodied in the Land Use Plans of Cities/Municipalities

 

Section 65-A. Conversion into Fishpond and Prawn Farms. — No conversion of public agricultural lands into fishponds and prawn farms shall be made except in situations where the provincial government with the concurrence of the Bureau of Fisheries and Aquatic Resources (BFAR) declares a coastal zone as suitable for fishpond development. In such case, the Department of Environment and Natural Resources (DENR) shall allow the lease and development of such areas: Provided, That the declaration shall not apply to environmentally critical projects and areas as contained in title (A) sub-paragraph two, (B-5) and (C-1) and title (B), number eleven (11) of Proclamation No. 2146, entitled "Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within the Scope of the Environmental Impact Statement (EIS) System established under Presidential Decree No. 1586," to ensure the protection of river systems, aquifers and mangrove vegetations from pollution and environmental degradation: Provided, further, That the approval shall be in accordance with a set of guidelines to be drawn up and promulgated by the DAR and the BFAR: Provided, furthermore, That small-farmer cooperatives and organizations shall be given preference in the award of the Fishpond Lease Agreement (FLAs).

 

No conversion of more than five (5) hectares of private lands to fishpond and prawn farms shall be allowed after the passage of this Act, except when the use of the land is more economically feasible and sound for fishpond and/or prawn farm, as certified by the Bureau of Fisheries and Aquatic Resources (BFAR), and a simple and absolute majority of the regular farm workers or tenants agree to the conversion, the Department of Agrarian Reform, may approve applications for change in the use of the land: Provided, finally, That no piecemeal conversion to circumvent the provisions of this Act shall be allowed. In these cases where the change of use is approved, the provisions of Section 32-A hereof on incentives shall apply. (as added by Section 5, RA 7881)

Section 65-B. Inventory. — Within one (1) year from the effectivity of this Act, the BFAR shall undertake and finish an inventory of all government and private fishponds and prawn farms, and undertake a program to promote the sustainable management and utilization of prawn farms and fishponds. No lease under Section 65-A hereof may be granted until after the completion of the said inventory.

The sustainable management and utilization of prawn farms and fishponds shall be in accordance with the effluent standards, pollution charges and other pollution control measures such as, but not limited to, the quantity of fertilizers, pesticides and other chemicals used, that may be established by the Fertilizer and Pesticide Authority (FPA), the Environmental Management Bureau (EMB), and other appropriate government regulatory bodies, and existing regulations governing water utilization, primarily Presidential Decree No. 1067, entitled "A Decree Instituting A Water Code, Thereby Revising and Consolidating the Laws Governing the Ownership, Appropriation, Utilization, Exploitation, Development, Conservation and Protection of Water Resources.” (as added by Section 5, RA 7881)

Section 65-C. Protection of Mangrove Areas. — In existing Fishpond Lease Agreements (FLAs) and those that will be issued after the effectivity of this Act, a portion of the fishpond area fronting the sea, sufficient to protect the environment, shall be established as a buffer zone and be planted to specified mangrove species to be determined in consultation with the regional office of the DENR. The Secretary of Environment and Natural Resources shall provide the penalties for any violation of this undertaking as well as the rules for its implementation. (as added by Section 5, RA 7881)

Section 65-D. Change of Crops. — The change of crops to commercial crops or high value crops shall not be considered as a conversion in the use or nature of the land. The change in crop should, however, not prejudice the rights of tenants or leaseholders should there be any and the consent of a simple and absolute majority of the affected farm workers, if any, shall first be obtained. (as added by Section 5, RA 7881)

 

 CONVERSION

A.O. No. 02 – July 19, 2011 (Effectivity Date – August 2, 2011)

Subject:   Rules on the Conversion of Agricultural Lands for Government Housing Projects Intended
for Armed Forces of the Philippines and Philippine National Police Personnel Pursuant to
Office of the President Administrative Order No. 9, Series of 2011
 

A.O. No. 05 – August 02, 2007 (Effectivity Date – August 16, 2007)

Subject:   Amendments to the 2002 Comprehensive Rules on Land Use Conversion 

M.C. No. 20 – August 16, 2004        

Subject:   Enjoining  Strict  Compliance with the Pertinent Provisions of DAR A.O. No. 1, S. 2002
in the Processing of Application for Extension of Time to Conduct Development on Lands
Issued with Conversion Order and Mandating the Immediate Acquisition and Distribution of
Lands Not Developed Despite the Expiration of the Maximum Period for Development
 

M.C. No. 08 – May 06, 2004

Subject:  Clarificatory Guidelines on DAR Memorandum Circular No. 5, S. 2004 (Moratorium on the
Processing and Grant of Applications for Conversion and Exemption of All Lands
Devoted to or Suitable for Agriculture)
 

M.C. No. 05 – March 03, 2004

Subject:  Moratorium on the Processing and Grant of Applications for Conversion and Exemption
             of All Lands Devoted to or Suitable for Agriculture

 

M.C. No. 02  -  May 21, 2002

Subject:  Guidelines for the Processing of Land Use Conversion Applications Pursuant to
Administrative Order No. 1, Series of 2002, Entitled: “2002 Comprehensive
Rules on Land Use Conversion”
 

A.O. No. 1 – February 28, 2002 (Effectivity Date – May 13, 2002)

Subject:    2002 Comprehensive Rules on Land Use Conversion 

M.C. No.  07  -   August 08, 2001

Subject: Inventory and Regular Monitoring of Land Use Conversion and Exemption/Exclusions

M.C. No.  01   -   January 09, 2001

Subject:    Posting and Disposition of Cash Bond and Performance Bond Pursuant to
Administrative Order No. 1, series of 1999, Entitled: “Revised Rules and
Regulations on the Conversion of Agricultural Lands to Non-Agricultural Uses”
 

A.O. No.  02  -   August 29, 2000 (Effectivity Date – September 14, 2000)

Subject:   Conversion of Agricultural Lands for Socialized and Low-Cost Housing  

INTERNAL/CLARIFICATORY GUIDELINES, Processing of Conversion Applications

              M.C. No. 9   -   May 15, 1999

            Subject:  Internal/Clarificatory Guidelines for the Processing of Land Use Conversion Applications
Pursuant to A.O. No. 1, Series of 1999 Entitled “Revised Rules and Regulations on the
Conversion of Agricultural to Non-Agricultural Uses”

 

M.C. No.  3  -  February 6, 1998

Subject:  Internal Guidelines for the Processing of Land Use Conversion Applications Under
A.O. No. 7, S. 1997:  “Omnibus Rules and Procedures Governing Conversion of
Agricultural Lands to Non-agricultural uses”, and its Amendments

Section 66. Exemptions from Taxes and Fees of Land Transfers.

Transactions under this Act involving a transfer of ownership, whether from natural or juridical persons, shall be exempted from taxes arising from capital gains. These transactions shall also be exempted from the payment of registration fees, and all other taxes and fees for the conveyance or transfer thereof; provided, that all arrearages in real property taxes, without penalty or interest, shall be deductible from the compensation to which the owner may be entitled.


Section 67. Free Registration of Patents and Titles.

All Registers of Deeds are hereby directed to register, free from payment of all fees and other charges, patents, titles and documents required for the implementation of the CARP.


Section 68. Immunity of Government Agencies from Undue Interference.

No injunction, restraining order, prohibition or mandamus shall be issued by the lower courts against the Department of Agrarian Reform (DAR), the Department of Agriculture (DA), the Department of Environment and Natural Resources (DENR), and the Department of Justice (DOJ) in their implementation of the program.

In cases falling within their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be issued by the regional trial courts, municipal trial courts, municipal circuit trial courts, and metropolitan trial courts against the DAR, the DA, the DENR, and the Department of Justice in their implementation of the program. (as amended by Section 23, RA 9700)

 INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, Effect on CARP Coverage of

M.C. No. 03 – September 20, 2005

Subject:   Supplemental/Clarificatory Guidelines  on DAR Memorandum Circular No. 2, Series of 2005
(Full Implementation and  Continuation of  the Land Acquisition and Distribution Process Pursuant
to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004 and the Supreme
Court Ruling in the Cuenca Case)
 

M.C. No. 02 – September 16, 2005

Subject:  Full Implementation and Continuation of the Land Acquisition and Distribution Process Pursuant
to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004 and the Supreme
Court Ruling in the Cuenca Case
 

M.C. No. 09  - May 13, 2004

Subject:   Supplemental Guidelines to Memorandum Circular No. 06, Series of 2004, Providing Legal
Assistance to DAR Officials and Employees Unjustly Charged in Court or Other Government
Bodies in the Performance of Their Duties, and Creating the Legal Support Fund for the Purpose
 

M.C. No. 06 – March 03, 2004

Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining Orders Issued by
the Regular Courts on Acquisition and Distribution of Lands Under the
Comprehensive Agrarian Reform Program (CARP)

Section 69. Assistance of Other Government Entities.

The PARC, in the exercise of its functions, is hereby authorized to call upon the assistance and support of other government agencies, bureaus and offices, including government-owned or -controlled corporations.


ENFORCEMENT OF AGRARIAN REFORM LAWS AND PROGRAM

Joint DAR-DILG-DND Circular No.  05  -   June 10, 2002

Subject:   Law Enforcement of Agrarian Reform Laws and Programs 

            Earlier MOAs: 

            1)   MOA Between DAR-DILG-PNP  (May 3, 1995)

2)   MOA Between DAR-DND  (December 20, 1989) 

Section 70. Disposition of Private Agricultural Lands.

The sale or disposition of agricultural lands retained by a landowner as a consequence of Section 6 hereof shall be valid as long as the total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholding ceilings provided for in this Act.

Any sale or disposition of agricultural lands after the effectivity of this Act found to be contrary to the provisions hereof shall be null and void.

Transferees of agricultural lands shall furnish the appropriate Register of Deeds and the BARC an affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the landholding ceiling. The Register of Deeds shall not register the transfer of any agricultural land without the submission of this sworn statement together with proof of service of a copy thereof to the BARC.

 

CONVEYANCE UNDER SECTIONS 6, 70 AND 73 (a) OF R.A. NO. 6657, Acquisition of Lands Subject of

A.O. No. 08 – September 30, 2011 (Effectivity Date – October 16, 2011)

Subject:    Rules for the Coverage of CARP-Covered Lands Subject to Unauthorized Transfers or Conveyances

 

A.O. No. 05 – May 26, 2006 (Effectivity Date – June 10, 2006)

Subject:  Acquisition and Distribution of Agricultural Lands Subject of Conveyance Under Sections 6,
70 and 73 (a) of R.A. No. 6657 [Repeals/Amends M.C. Nos. 2, Series of 2001
and 18, Series of 2004 and amends DAR A.O. No. 2, Series of 2003]
 

M.C. No. 18 – August 18, 2004

Subject:  Clarificatory Guidelines on the Coverage, Acquisition and Distribution of Agricultural Lands
Subject of Conveyance Executed in Violation of Sec. 6., Par. 4 of R.A.
No. 6657 [Modifies M.C. No. 2, Series of 2001]
 

M.C. No. 16 – August 10, 2004

Subject:  Strengthening the Safeguards on Transfer or Conveyance of Agricultural Lands
Covered by CARP Pursuant to RA 6657
 

M.C. No.  02   -   January 9, 2001 (Effectivity Date – January 22, 2001)

Subject: Guidelines on Annulment of Deeds of Conveyance of Lands Covered by the Comprehensive
Agrarian Reform Program (CARP) Executed in Violation of Section 6,
paragraph 4 of Republic Act (RA) No.  6657

 

            A.O. No. 6  -  November 21, 1996 (Effectivity Date – December 9, 1996)

Subject:  Supplemental Guidelines to A.O. No. 8, Series of 1995  Re  Transferability of
Awarded Lands Awarded to ARBs Pursuant to PD 27/EO No. 228 and RA 6657

 

            A.O. No. 8  -  December 18, 1995 (Effectivity Date – January 5, 1996)

            Subject:  Transferability of Lands Awarded to ARBs Pursuant to PD 27 as
Amended by EO No. 228 and RA 6657

 

LRA Circular No. 54  -  June 09, 1993

Subject:  Revised Guidelines on the Registration of Transactions Under the CARP

 

A.O. No. 1  -  January 03, 1989

Subject:  Rules and Procedures Governing Land Transactions

 

RETENTION

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 27 to 41

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657,
as amended by R.A. No. 9700

 

A.O. No. 02  -  January 16, 2003 (Effectivity Date – February 7, 2003)

Subject:  2003 Rules and Procedures Governing Landowner Retention Rights

 

A.O. No. 05  -  August 30, 2000 (Effectivity Date – September 17, 2000)

Subject:   Revised Rules and Procedures for the Exercise of Retention Right by Landowners 

M.C. No.  12  -   August 14, 1998

Subject:  Retention Rights of Landowners and Award to Their Qualified Children

 

A.O. No. 4  -  April 26, 1991

Subject:  Supplemental Guidelines Governing the Exercise of Retention Rights by Landowners Under PD 27

 

A.O. No. 11  -  August 30, 1990

Subject:  Exercise of Retention Rights by Landowners and Award to Children Under Section 6 of RA 6657 

            Ministry A.O.  No. 01  -   February 27, 1985

                Subject:   Providing for a Cut-Off Date for Landowners to Apply for Retention and/or Protest the
Coverage of their Landholdings Under Operation Land Transfer Pursuant to P.D. No. 27

 SAFEGUARDS ON TRANSFER OR CONVEYANCE OF AGRICULTURAL LANDS

M.C. No. 16 – August 10, 2004 (Effectivity Date – August 10, 2004)

Subject:  Strengthening the Safeguards on Transfer or Conveyance of Agricultural Lands
Covered by CARP Pursuant to RA 6657

Section 71. Bank Mortgages.

Banks and other financial institutions allowed by law to hold mortgage rights or security interests in agricultural lands to secure loans and other obligations of borrowers, may acquire title to these mortgaged properties, regardless of area, subject to existing laws on compulsory transfer of foreclosed assets and acquisition as prescribed under Section 13 of this Act.


FORECLOSED BY GFIs, Acquisition of Agricultural Lands

            M.C. No. 13 – Series of 2008

Subject: Clarification in  the Acquisition of Agricultural Lands  Foreclosed by Government
Financial Institutions (GFIs)
 

 
FORECLOSURE OR MORTGAGE, ACQUISITION OF AGRICULTURAL LANDS SUBJECT OF   

            A.O. No.  01  -   May 31, 2000 (Effectivity Date – June 16, 2000)

Subject:  Revised Rules and Regulations on the Acquisition of Agricultural Lands Subject of
Mortgage or Foreclosure

 

A.O.  No. 2  -  February 11,  1997 (Effectivity Date – February 28, 1997)

Subject:  Acquisition of Private Agricultural Lands Subject of Mortgage or Foreclosure of Mortgage

 

M.C. No.  5  -  April 18, 1996

Subject:  Guidelines Clarifying Sections 3 and 6 of RA 7881 Relative to Applications for Commercial
            Farm Deferment and the Turn-Over to DAR of Foreclosed Assets of Government
            Financial Institutions, Respectively

Section 72. Lease, Management, Grower or Service Contracts, Mortgages and Other Claims.

Lands covered by this Act under lease, management, grower or service contracts, and the like shall be disposed of as follows:

(a) Lease, management, grower or service contracts covering private lands may continue under their original terms and conditions until the expiration of the same even if such land has, in the meantime, been transferred to qualified beneficiaries.

(b) Mortgages and other claims registered with the Register of Deeds shall be assumed by the government up to an amount equivalent to the landowner's compensation value as provided in this Act.

 

FORECLOSURE OR MORTGAGE   

            A.O. No.  01  -   May 31, 2000  (Effectivity Date – June 16, 2000)

Subject:  Revised Rules and Regulations on the Acquisition of Agricultural Lands Subject of
Mortgage or Foreclosure

 

A.O.  No. 2  -  February 11,  1997 (Effectivity Date – February 28, 1997)

Subject:  Acquisition of Private Agricultural Lands Subject of Mortgage or Foreclosure of Mortgage

 

M.C. No.  5  -  April 18, 1996

Subject:  Guidelines Clarifying Sections 3 and 6 of RA 7881 Relative to Applications for
            Commercial Farm Deferment and the Turn-Over to DAR of Foreclosed Assets of
            Government Financial Institutions, Respectively

Section 73. Prohibited Acts and Omissions.

The following are prohibited:

(a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries;

 

(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program;

 

(c) The conversion by any landowner of his agricultural land into any non-agricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers of the land tilled by them;

(d) The willful prevention or obstruction by any person, association or entity of the implementation of the CARP;

(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this Act.

 

(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act.

 

The following are prohibited:

(a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries;

 

(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program;

 

(c) Any conversion by any landowner of his/her agricultural land into any non-agricultural use with intent to avoid the application of this Act to his/her landholdings and to dispossess his/her bonafide tenant farmers;

(d) The malicious and willful prevention or obstruction by any person, association or entity of the implementation of the CARP;

(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act, except after final completion of the appropriate conversion under Section 65 of Republic Act No. 6657, as amended. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this Act;

(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he/she acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act;

(g) The unjustified, willful, and malicious act by a responsible officer or officers of the government through the following:

(1) The denial of notice and/or reply to landowners;

(2) The deprivation of retention rights;

(3) The undue or inordinate delay in the preparation of claim folders; or

(4) Any undue delay, refusal or failure in the payment of just compensation;

(h) The undue delay or unjustified failure of the DAR, the LBP, the PARC, the PARCCOM, and any concerned government agency or any government official or employee to submit the required report, data and/or other official document involving the implementation of the provisions of this Act, as required by the parties or the government, including the House of Representatives and the Senate of the Philippines as well as their respective committees, and the congressional oversight committee created herein;

(i) The undue delay in the compliance with the obligation to certify or attest and/or falsification of the certification or attestation as required under Section 7 of Republic Act No. 6657, as amended; and

(j) Any other culpable neglect or willful violations of the provisions of this Act.

In the case of government officials and employees, a conviction under this Act is without prejudice to any civil case and/or appropriate administrative proceedings under civil service law, rules and regulations. "Any person convicted under this Act shall not be entitled to any benefit provided for in any agrarian reform law or program. (as amended by Section 24, RA 9700)

 

 

RETENTION

A.O. No. 07 – September 30, 2011 (Effectivity Date – October 15, 2011) – Sections 27 to 41

Subject:  Revised Rules and Procedures Governing the Acquisition and Distribution of Private Agricultural
Lands Under Republic Act (R.A.) No. 6657, As Amended

 

A.O. No. 02 – October 15, 2009 (Effectivity Date – July 1, 2009)

Subject:   Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by R.A. No. 9700

 

A.O. No. 02  -  January 16, 2003  (Effectivity Date – February 7, 2003)

Subject:  2003 Rules and Procedures Governing Landowner Retention Rights

 

A.O. No. 05  -  August 30, 2000  (Effectivity Date – September 17, 2000)

Subject:   Revised Rules and Procedures for the Exercise of Retention Right by Landowners 

M.C. No.  12  -   August 14, 1998

Subject:  Retention Rights of Landowners and Award to Their Qualified Children

 

A.O. No. 4  -  April 26, 1991

Subject:  Supplemental Guidelines Governing the Exercise of Retention Rights by Landowners Under PD 27

 

A.O. No. 11  -  August 30, 1990

Subject:  Exercise of Retention Rights by Landowners and Award to Children Under Section 6 of RA 6657 

            Ministry A.O.  No. 01  -   February 27, 1985

                Subject:   Providing for a Cut-Off Date for Landowners to Apply for Retention and/or Protest the Coverage of
their Landholdings Under Operation Land Transfer Pursuant to P.D. No. 27

BREACH OF OBLIGATIONS/VIOLATIONS/ CIRCUMVENTIONS  OF ARBs

M.C. No. 19  -  August 8, 1996 (Effectivity Date – August 26, 1996)

Subject:  Guidelines and Procedures Governing the Monitoring of Violations or Circumventions Committed
by the Agrarian Reform Beneficiaries (ARBs), Providing Sanctions Therefor and Filing of
Appropriate Administrative, Quasi-Judicial and/or Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject:  Correction and Cancellation of Registered/Unregistered EPs, and CLOAs Due to Unlawful
Acts and Omissions or Breach of  Obligations of ARBs

 

CORRECTION AND CANCELLATION OF REGISTERED/UNREGISTERED EPs and CLOAs

M.C. No. 19  -  August 08, 1996 (Effectivity Date – August 26, 1996)

Subject: Monitoring  of  Violations  or Circumventions Committed by the ARBs, Providing Sanctions
and Filing  of Appropriate Administrative/Criminal Actions

 

A.O. No. 2  -  March 07, 1994

Subject: Correction and Cancellation of Registered/Unregistered EPs, and CLOAs Due to Unlawful
Acts and Omissions or Breach of  Obligations of ARBs
 

CODE OF CONDUCT FOR THE OFFICIALS AND EMPLOYEES OF DAR

            M.C. No. 10 – December 19, 2007

            Subject:  Code of Conduct for the Officials and Employees of DAR

 

LAND TRANSACTIONS/TRANSFERS

M.C. No.  02   -   January 9, 2001 (Effectivity Date – January 22, 2001)

Subject:  Guidelines on Annulment of Deeds of Conveyance of Lands Covered by the Comprehensive
Agrarian Reform Program (CARP) Executed in Violation of Section 6, paragraph 4 of
Republic Act (RA) No.  6657

 

            A.O. No. 6  -  November 21, 1996 (Effectivity Date – December 9, 1996)

Subject:  Supplemental Guidelines to A.O. No. 8, Series of 1995  Re  Transferability of Awarded
Lands Awarded to ARBs Pursuant to PD 27/EO No. 228 and RA 6657

 

            A.O. No. 8  -  December 18, 1995 (Effectivity Date – January 5, 1996)

            Subject:  Transferability of Lands Awarded to ARBs Pursuant to PD 27 as
            Amended by EO No. 228 and RA 6657

 

LRA Circular No. 54  -  June 09, 1993

Subject:  Revised Guidelines on the Registration of Transactions Under the CARP

 

A.O. No. 1  -  January 03, 1989

Subject:  Rules and Procedures Governing Land Transactions

 SAFEGUARDS ON TRANSFER OR CONVEYANCE OF AGRICULTURAL LANDS

M.C. No. 16 – August 10, 2004

Subject:  Strengthening the Safeguards on Transfer or Conveyance of Agricultural Lands
Covered by CARP Pursuant to RA 6657

 TRANSFER OR CONVEYANCE OF AGRICULTURAL LANDS, Safeguards on

M.C. No. 16 – August 10, 2004

Subject: Strengthening  the  Safeguards on Transfer or Conveyance of Agricultural
Lands Covered by CARP Pursuant to RA 6657
 

R.A. 7881

R.A. No. 7881 – February 20, 1995

Subject:  An Act Amending Certain Provisions of R.A. No. 6657 [Section 3(b), 10, 11, 32, 65 and 73] 

M.C. No. 32  -  Series of  1997 

 

Subject:  Lifting the Suspension of the Implementation of R.A. No. 7881 and its
Implementing Rule, A. O. No. 3, S. 1985

 

M.C. No. 27  -  November 20, 1995

Subject:  Suspension of the Implementation of RA 7881, Its Implementing Rule, AO No. 3,
Series of 1995, Per Supreme Court Resolution dated Nov. 13, 1995

Section 73-A. Exception.

The provisions of Section 73, paragraph (e), to the contrary notwithstanding, the sale and/or transfer of agricultural land in cases where such sale, transfer or conveyance is made necessary as a result of a bank's foreclosure of the mortgaged land is hereby permitted. (as added by Section 6, RA 7881)

Section 74. Penalties.

Any person who knowingly or willfully violates the provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000.00), or both, at the discretion of the court.

 

 

 

 

 

 

 

 

 

 

 

 

If the offender is a corporation or association, the officer responsible therefore shall be criminally liable

Any person who knowingly or willfully violates the provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than One thousand pesos (P1,000.00) and not more than Fifteen thousand pesos (P15,000.00), or both, at the discretion of the court: Provided, That the following corresponding penalties shall be imposed for the specific violations hereunder:

(a) Imprisonment of three (3) years and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00)and not more than One hundred fifty thousand pesos (P150,000.00), or both, at the discretion of the court upon any person who violates Section 73, subparagraphs (a), (b), (f), (g), and (h) of Republic Act No. 6657, as amended; and

(b) Imprisonment of six (6) years and one (1) day to twelve (12) years or a fine of not less than Two hundred thousand pesos (P200,000.00) and not more than One million pesos (P1,000,000.00), or both, at the discretion of the court upon any person who violates Section 73, subparagraphs (c), (d), (e), and (i) of Republic Act No. 6657, as amended.

If the offender is a corporation or association, the officer responsible therefore shall be criminally liable. (as amended by Section 25, RA 9700)

Section 75. Suppletory Application of Existing Legislation.

The provisions of Republic Act No. 3844 as amended, Presidential Decree Nos. 27 and 266 as amended, Executive Order Nos. 228 and 229, both Series of 1987; and other laws not inconsistent with this Act shall have suppletory effect.


Section 76. Repealing Clause.

Section 35 of Republic Act No. 3834, Presidential Decree No. 316, the last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No. 1038, and all other laws, decrees executive orders, rules and regulations, issuances or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

REFERRAL Cases

M.C. No. 7  -  August 25, 1988

Subject:  Disposition of Referral Cases Upon the Effectivity of RA 6657

Section 77. Separability Clause.

If, for any reason, any section or provision of this Act is declared null and void, no other section, provision, or part thereof shall be affected and the same shall remain in full force and effect.


ection 78. Effectivity Clause.

This Act shall take effect immediately after publication in at least two (2) national newspapers of general circulation.


Approved: June 10, 1988

New Provisions in RA 9700 which did not repeal, neither amend nor supersede any provision in RA 6657

Section 26. Congressional Oversight Committee.

A Congressional Oversight Committee on Agrarian Reform (COCAR) is hereby created to oversee and monitor the implementation of this Act. It shall be composed of the Chairpersons of the Committee on Agrarian Reform of both Houses of Congress, three (3) Members of the House of Representatives, and three (3) Members of the Senate of the Philippines, to be designated respectively by the Speaker of the House of Representatives and the President of the Senate of the Philippines.

The Chairpersons of the Committees on Agrarian Reform of the House of Representatives and of the Senate of the Philippines shall be the Chairpersons of the COCAR. The Members shall receive no compensation; however, traveling and other necessary expenses shall be allowed.

In order to carry out the objectives of this Act, the COCAR shall be provided with the necessary appropriations for its operation. An initial amount of Twenty-five million pesos (P25,000,000.00) is hereby appropriated for the COCAR for the first year of its operation and the same amount shall be appropriated every year thereafter.

The term of the COCAR shall end six (6) months after the expiration of the extended period of five (5) years.

 

Section 27. Powers and Functions of the COCAR.

The COCAR shall have the following powers and functions:

(a) Prescribe and adopt guidelines which shall govern its work;

(b) Hold hearings and consultations, receive testimonies and reports pertinent to its specified concerns;

(c) Secure from any department, bureau, office or instrumentality of the government such assistance as may be needed, including technical information, preparation and production of reports and submission of recommendations or plans as it may require, particularly a yearly report of the record or performance of each agrarian reform beneficiary as provided under Section 22 of Republic Act No. 6657, as amended;

(d) Secure from the DAR or the LBP information on the amount of just compensation determined to be paid or which has been paid to any landowner;

(e) Secure from the DAR or the LBP quarterly reports on the disbursement of funds for the agrarian reform program;

(f) Oversee and monitor, in such a manner as it may deem necessary, the actual implementation of the program and projects by the DAR;

(g) Summon by subpoena any public or private citizen to testify before it, or require by subpoena duces tecum to produce before it such records, reports, or other documents as may be necessary in the performance of its functions;

 

(h) Engage the services of resource persons from the public and private sectors as well as civil society including the various agrarian reform groups or organizations in the different regions of the country as may be needed;

(i) Approve the budget for the work of the Committee and all disbursements therefrom, including compensation of all personnel;

(j) Organize its staff and hire and appoint such employees and personnel whether temporary, contractual or on constancy subject to applicable rules; and

(k) Exercise all the powers necessary and incidental to attain the purposes for which it is created.


Section 28. Periodic Reports.

The COCAR shall submit to the Speaker of the House of Representatives and to the President of the Senate of the Philippines periodic reports on its findings and recommendations on actions to be undertaken by both Houses of Congress, the DAR, and the PARC.


Section 29. Access to Information.

Notwithstanding the provisions of Republic Act No. 1405 and other pertinent laws, information on the amount of just compensation paid to any landowner under Republic Act No. 6657, as amended, and other agrarian reform laws shall be deemed public information.


Section 30. Resolution of Case.

Any case and/or proceeding involving the implementation of the provisions of Republic Act No. 6657, as amended, which may remain pending on June 30, 2014 shall be allowed to proceed to its finality and be executed even beyond such date.


Section 31. Implementing Rules and Regulations.

The PARC and the DAR shall provide the necessary implementing rules and regulations within thirty (30) days upon the approval of this Act. Such rules and regulations shall take effect on July 1, 2009 and it shall be published in at least two (2) newspapers of general circulation.

Section 32. Repealing Clause.

Section 53 of Republic Act No. 3844, otherwise known as the Agricultural Land Reform Code, is hereby repealed and all other laws, decrees, executive orders, issuances, rules and regulations, or parts thereof inconsistent with this Act are hereby likewise repealed or amended accordingly.

Section 33. Separability Clause.

If, for any reason, any section or provision of this Act is declared unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full force and effect.


Section 34. Effectivity Clause.

This Act shall take effect on July 1, 2009 and it shall be published in at least two (2) newspapers of general circulation.


DATES OF APPROVAL OF RELEVANT AGRARIAN REFORM LAWS

TITLE

DATE OF APPROVAL

Republic Act 6657

June 10, 1988

Republic Act No. 7881

February 20, 1995

Republic Act No. 7905

February 23, 1995

Republic Act No. 8532

February 23, 1998

Republic Act No. 9700

August 7, 2009

 



CONTACT INFORMATION

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines
Tel. No.: (632) 928-7031 to 39

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