JOINT DAR-DENR ADMINISTRATIVE ORDER
No. ______
Series of 2014
SUBJECT : GUIDELINES IN THE DISPOSITION OF UNTITLED PRIVATELY-CLAIMED AGRICULTURAL LANDS
PREFATORY STATEMENT
Republic Act (R.A.) No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided under Proclamation No. 131 and Executive Order (E.O.) No. 229, including other lands of the public domain suitable for agriculture.
E.O. No. 129-A dated July 26, 1987 empowers DAR to issue emancipation patents to farmers and farmworkers covered by agrarian reform for both private and public lands and when necessary, make administrative corrections of the same.
Untitled privately-claimed agricultural lands (UPALs) covered by the Agrarian Reform Law are acquired from landowner-claimants and distributed to landless farmers.
In the Department of Justice (DOJ) Opinion No. 100, dated 13 November 2012, it is stated that:
“x x x
Having settled that the limitation is now 12 hectares, Section 31, supra, of the Public Land Act is the applicable provision on the treatment of the excess area. To repeat, Section 31 provides that any excess in area over this maximum and all right, title, interest, claim or action held by any person, corporation, association, or partnership resulting directly or indirectly in such excess shall revert to the State. This interpretation is in accord with the Regalian doctrine and its concomitant assumption that all lands owned by the State, although declared alienable or disposable, remain as such and ought to be used only by the government. (Emphasis supplied)
x x x.”
Consistent with the provisions of R.A. No. 6657, as amended by R.A. No. 9700 and the Constitutional limitation on the ownership of UPALs as clarified under DOJ Opinion No. 100, dated November 13, 2012, this Joint Administrative Order (JAO) is hereby issued.
Section 1. Legal Bases.
Section 2. Definition of Terms.
For the purpose of this JAO, the following terms are defined:
Section 3. Objectives.
The objectives of this Joint Administrative Order (JAO) are:
Section 4. Coverage.
This JAO shall apply to all UPALs, categorized as follows:
Section 5. Statement of Policies.
Period when the Vested Right of the Landowner-Claimant Over the Land had Accrued |
Operative Law |
Applicable Titling Limit (Area in Hectares) |
From May 14, 1935 to January 16, 1973 |
Section 2, Article XIII, 1935 Constitution |
24 has.
|
From January 17, 1973 to February 01, 1987 |
Section 11, Article XIV, 1973 Constitution |
24 has. |
From February 02, 1987 to Present |
Section 3, Article XII, 1987 Constitution |
12 has. |
Section 6. Procedures.
The DAR shall issue a Notice of Coverage on all UPALs. These UPALs may fall under the following categories:
The DAR shall issue a Notice of Coverage (NOC) based on the list of initially-identified UPALs from its database covering the entire area of the landowner-claimant. The NOC, using CARPER LAD Form No. 3-D, shall contain the following statements:
The DAR, upon receipt of DENR’s Certification (CARPER-LAD Form 2-B) on UPALs with NOCs within the applicable titling limit, the PARPO shall issue the Letter Advice using CARPER LAD Form No. 3-E applying the rules on service of NOC and shall proceed with the Land Acquisition and Distribution (LAD) process.
Upon receipt of the certification from DENR-CENRO, the DAR-PARPO shall notify the landowner-claimant of the following information using CARPER-LAD Form No. 3-E:
The DAR shall issue a Notice of Coverage (NOC) to all lands offered under VOS without Acceptance Letter for VOS. The NOC using CARPER-LAD Form No. 3-D shall contain the following:
The DAR, upon receipt of DENR’s Certification (CARPER-LAD Form 2-B) on UPALs with NOCs within the applicable titling limit, the PARPO shall issue the Letter Advice to Landowner-claimant using CARPER LAD Form No. 3-E and shall proceed with the Land Acquisition and Distribution (LAD) process.
The DAR shall conduct the subdivision survey of the entire land, delineating and segregating the applicable titling limit from the area in excess thereof. The applicable titling limit shall include the retention area, if any, the area for distribution to the farmer beneficiaries and the preferred CARP beneficiaries, if there is/are any, and non-CARPable area such as roads, bridges, etc.
The area in excess of the applicable titling limit shall be surveyed as one (1) lot to be designated and indicated on the plan as “Public Land”.
The subdivision survey shall be submitted to the DENR for approval.
Section 7. Disposition of Areas Covered by this JAO.
The covered land considered as UPALs shall be acquired and distributed under the following:
A Free Patent for the retained area of not more than five (5) hectares shall be issued by DENR to the landowner-claimant.
The landowner-claimant shall be compensated by the Land Bank of the Philippines (LBP), pursuant to P.D. No. 27/E.O. NO. 228, E.O. No. 407, and R.A. No. 6657, as amended, and in accordance with existing policies, rules, and regulations.
Areas in excess of the applicable titling limit shall be retained under DENR’s jurisdiction to be disposed in accordance with the provisions of C.A. No. 141, as amended, and other pertinent rules and regulations. The DARMO may submit other documents to DENR-CENRO such as the list of actual tillers/occupants, if any, of the excess area for reference purposes in the disposition of the land.
Section 8. Funds.
All necessary and incidental expenses incurred in the conduct of all the activities herein shall be charged against the approved Maintenance and Other Operating Expenses (MOOE) of the DAR Provincial Agrarian Reform Office (DARPO) concerned, in accordance with existing accounting and auditing rules.
Section 9. Transitory Provision.
This JAO shall not apply to UPALs already issued with Certification of Deposit (COD) prior to its effectivity, provided that the validity of any and all acts already undertaken in accordance with prior rules and procedures on land acquisition and distribution of private agricultural lands shall still be governed by the rules and procedures governing at the time of the said acts were undertaken.
Section 10. Repealing Clause.
All issuances that are inconsistent herewith are hereby repealed or modified accordingly.
Section 11. Separability Clause.
In the event any of the provisions of this JAO is declared unconstitutional, the validity of the other provisions shall not be affected by said declaration.
Section 12. Effectivity.
This Joint Administrative Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation.
.
Diliman, Quezon City, ______________________, 2014
VIRGILIO R. DE LOS REYES RAMON J.P. PAJE
Secretary Secretary
DAR DENR
Republic of the Philippines
DEPARTMENT of AGRARIAN REFORM
CERTIFICATION
This is to certify that Joint DAR-DENR Administrator Order No. 3, Series of 2014 entitled “GUIDELINES IN THE DISPOSITION OF UNTITLED PRIVATELY-CLAIMED AGRICULTURAL LANDS” was published last Friday, 28 March 2014 at Business World and the Daily Tribune newspapers.
Issued this 1st day of April 2014 for whatever purpose it my serve.
ERLINDA M. MANLUCTAO
OIC-Director IV
Public Assistance and Media Relations Service
LIST OF FORMS
(Joint DAR-DENR A.O. No. 03, Series of 2014)
Subject |
Form Nos. |
|
2-A |
|
2-B |
|
3-E |
|
3-D |
CARPER LAD Form No. 3-D
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region ____
Province of ________________
Municipality of ____________________
NOTICE OF COVERAGE FOR UPALs
_________
Date
___________________________
Name of Landowner-Claimant/s
_____________________________
______________________________
______________________________
Address
Dear Sir/Madam:
Pursuant to Section 7 of Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700, Section 3 of Article XII of the 1978 Philippine Constitution (ratified on February 02, 1987), Commonwealth Act (C.A.) No. 141 of 1936, Presidential Decree (P.D.) No. 6940 as amended by R.A, 9176, and existing rules and regulations, the Department of Agrarian Reform (DAR), hereby subjects under the coverage of the Comprehensive Agrarian Reform Program (CARP) your Untitled Private Agricultural Lands (UPALs), with the following descriptions:
Tax Declaration (TD) No./s: _______________________________________________
Lot No./s: _____________________________________________________________
Approved Survey No./s: __________________________________________________
Area (hectares): ________________________________________________________
LAD Phasing: _________________________________________________________
Aggregate Area Covered per TD: __________________________________________
Location of Property/ies (Barangay, Municipality): _____________________________
______________________________________________________________________
In consonance with the provisions of Section 1, Article XIII of 1935 Constitution and Section 11 of the Public Land Act No. 141; Section 11, Article XIV of the 1973 Philippine Constitution; Section 3, Article XII of the 1987 Philippine Constitution and DOJ Opinion No. 100, dated 13 November 2012.
The abovementioned UPALs shall be subjected to the verification and certification/confirmation of the DENR on the applicable titling limit (12 hectares or 24 hectares) as contemplated in Section 5.2 of DAR-DENR JAO No. __ , Series of 2014. The area in excess of the applicable titling limit shall be reverted to the State, through the Department of environment and Natural Resources (DENR).
Further, be informed that:
Within thirty (30) calendar days from receipt of this Notice of Coverage (NOC) or Acceptance Letter for Voluntary Offer for Sale (VOS) for UPALs, you may coordinate/get in touch with or contact the Department of Agrarian Reform-Municipal Agrarian Reform Office (DARMO)/ Department of Agrarian Reform-Provincial Agrarian Reform Office (DARPO) of __________________________________, for any clarification.
Very truly yours,
__________________________
Provincial Agrarian Reform Program Officer
(Signature over Printed Name)
(Receipt to be accomplished by Addressee/Authorized Representative. Please do not detach)
Date Served: ________________
(check appropriate box)
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Personal Service
Substituted Service Relationship to addressee: ____________________
Received by: Witnessed by:
________________________ ________________________
(Signature Over Printed Name) (Signature Over Printed Name)
Addressee/Authorized Representative
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Refusal to Receive
NOC Server: _______________________
(Signature Over Printed Name)
COPY DISTRIBUTION:
Original : CF
Duplicate Original : Landowner
Triplicate Original : NOC Server
Quadruplicate : For Posting (City/Municipality)
Quintuplicate : For Posting (Barangay)
Sixtuplicate : DARPO
Septuplicate : DARMO
CARPER-LAD Form No. 3-E
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region No. _______
Province of ______________
Municipality of _________________
LETTER ADVICE TO LANDOWNER-CLAIMANT OF UPALs
WITH PREVIOUSLY ISSUED NOTICE OF COVERAGE (NOC)/WITH
ACCEPTANCE LETTER FOR VOLUNTARILY OFFERED FOR SALE (VOS) UPALs
__________
Date
_________________________
Name of Landowner-Claimant and/or
Successor/s-in- interest
__________________________
__________________________
Address
Dear Sir/Madam:
In accordance with Section 7 of Republic Act (R.A.) No. 6657, as amended by R.A. No. 9700; Section 3 of Article XII of the 1987 Philippine Constitution (ratified on February 02, 1987), Commonwealth Act (CA) No. 141 of 1936, Joint DAR-DENR Administrative Order No. ______, Series of 2014, and pertinent existing guidelines, please be informed that the herein attached DENR Certification, dated ______, and signed by _______________, shows that the subject land under CARP coverage is Untitled Private Agricultural Land (UPALs) in which you have acquired vested right on the area containing an area of __________ hectares more or less as the applicable titling limit prescribed under the following laws:
Section 1, Article XIII of 1935 Constitution and Section 11 of the Public Land Act No. 141
Section 11, Article XIV of the 1973 Philippine Constitution
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Section 3, Article XII of the 1987 Philippine Constitution
In view of the foregoing, the Department of Agrarian Reform (DAR) shall cover/process and distribute the said area certified as UPALs and the applicable titling limit indicated. The area in excess of the applicable titling limit shall be reverted to the State through the Department of Environment and Natural Resources (DENR), and the same shall be disposed by the DENR pursuant to CA No. 141, as amended.
Whenever applicable, within thirty (30) days from receipt of this Letter Advice, you have the right to:
You can visit the DAR Municipal Office (DARMO) at __________________ in order to exercise the aforementioned rights.
Very truly yours,
_____________________________________________
Municipal Agrarian Reform Program Officer (MARPO)
(Signature Over Printed Name)
Copy Distribution:
Original : CF
Duplicate : DARPO
Triplicate : DARRO