Agrarian Ao No. 2 Series 2009

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AO no. 2 Series 2009

RULES AND PROCEDURES

GOVERNING LAND ACQUISTION


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Coverage

Pursuant to Section 3 of R.A. No. 9700, the

landholdings of LOs owning a total of five (5)

hectares or less shall not be subject of

acquisition and distribution under CARP.

Landholdings distributed by the DENR under

R.A. No. 6657, as amended shall no longer be

acquired and distributed by the DAR.


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Compulsory Acquisition

All private agricultural lands which become

due for coverage following the phasing of

implementation based on the area of the

landowners landholdings.

It is also done in idle and abandoned lands

regardless of their size and phasing, and in

lands whose commercial farm deferment isrevoked.


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Compulsory Acquisition

Covers landholdings above five (5) hectares

which were offered under voluntary land

transfer (VLT) and not approved by the DAR


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Voluntary Offer to Sell

is a scheme wherein landowners come

forward and voluntarily offer their agricultural

lands for coverage regardless of the phasing.

The DAR encourages this mode because VOS

generally ensures the cooperation of the

landowners.


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Landowners (LOs) may voluntarily offer theirprivate agricultural lands for coverage

Upon its acceptance by the DAR, the Letter-Offer

for coverage under Voluntary Offer to Sell (VOS)can no longer be withdrawn.

In any case, the DAR can immediately subjectsuch landholding to coverage under compulsory

acquisition and distribution under CARPnotwithstanding the schedule of prioritizedphasing under R.A. No. 9700.


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The acceptance letter for VOS shall stipulate thatupon offer under VOS, the schedule of coverageunder R.A. No. 9700 is deemed waived.

Landowners who received NOCs for theirlandholdings under Compulsory Acquisition (CA)may be allowed to shift to Voluntary Offer to Sell(VOS), provided, that the claim folder (CF) for thesubject landholding has not yet been received by

the Claims Processing, Valuation and PaymentDivision (CPVPD) of the Land Bank of thePhilippines (LBP) for valuation.


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Disqualified Agrarian Reform

Beneficiaries (ARB)

Landowners who have voluntarily offered theirlandholdings for coverage under CARP and thosewho have previously waived their rights to retain.

The LO's voluntary offer or his previous waiver isconstrued to be his inability and/or unwillingnessto cultivate the land and make itproductive.

Likewise, children of the same landowners whowere not nominated as preferred beneficiariesare disqualified from becoming an ARB in anotherlandholding.


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Tenanted Lands / Under Lease

ARBs shall continue to pay their lease rentals

as tenants/lessees based on their leasehold

contracts until such time that the LBP issues a

Certification of Deposit (COD).


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Private Lands

General Rule: untitled public alienable and

disposable (A & D) lands are within the

jurisdiction of the Department of Environment

and Natural Resources (DENR) pursuant to

Commonwealth Act (C.A.) No. 141 (Public

Land Act).


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Private Lands

Exception: requisites under R.A. No. 6940, asamended by R.A. No. 9176 have already beenacquired based on the following: Continuous occupancy and cultivation by oneself or

through one's predecessors-in-interest for at leastthirty (30) years prior to the effectivity of R.A. No.9176 on December 4, 2002 (i.e., December 1972);

land must have been classified as alienable anddisposable for at least thirty (30) years prior to theeffectivity of R.A. No. 9176;

One must have paid the real estate tax thereon; and

There are no adverse claims on the land.


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CARP Volume

Maintained by LRA_CARP personnel undersupervision of the ROD.

Consists of the current list of all lands covered by

NOCs and all remaining unacquired andundistributed landholdings (in the process of oracquired by schedule) covered under CARPsubmitted by the DARPO to the ROD concerned

for segregation of the corresponding originalcopy of the Certificates of Title of all these landsfrom the regular volume or files of the Registry.


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CARP Volume

Any title contained in the CARP Volume shall

only be returned to the general/regular file

upon proof that the property covered by said

title is exempted, excluded or ascertained tobe outside CARP coverage. Such proof may be

in the form of a Court Order or DAR Order

which has become final and executory.


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Register of Deeds

Shall issue a Transfer Certificate of Title (for

titled properties) and an Original Certificate of

Title (for untitled properties) in the name of

the Republic of the Philippines (RP title) uponreceipt of a copy of the LBP's Certification of

Deposit (COD) from the DARPO.


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Validation

Landholdings subject of acquisition shall be

validated based on ownership documents and

on the projection by the DAR on DENR land

classification maps to determine whether ornot the areas are alienable and disposable.


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Projections undertaken by DARPO

Survey based on the cadastral map of the DENR:

shall be confirmed or validated by the DENR-

Community Environment and Natural Resources

Office (CENRO) or Provincial Environment and NaturalResources Office (PENRO) as to the land classification

status of said lands.

Survey based on the Private Survey (Psu) Plan of

the LRA:

shall be confirmed or validated by the LRA on whether

these lands do not overlap with other titled or

decreed property.


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Titles Issued Prior to 1921 (Act No.

2874)

Need not be validated or confirmed by the DENR-

CENRO/PENRO as to their land classification

status. However, the DARPO shall:

Undertake the projection as to land classificationstatus; and

Obtain a certification from the Land Registration

Authority (LRA) that the property does not overlap

with a titled or decreed property. Such certification

shall include, among others, the Judicial Decree

number, date of issuance of Decree, name of

adjudicatee, location and area.


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Titles Issued Prior to 1921 (Act No.

2874)

Such properties that partially overlap with

other titled or decreed properties

shall be segregated accordingly during the

conduct of survey by the landholdings subject ofacquisition.

The acquisition and distribution of such

landholdings that either partially or fully overlapwith decreed properties shall continue regardless

in whose name the decree is.


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Survey

General Rule: Determination of land use,

segregation of coverable and not coverable

area, and subdivision survey shall be

undertaken prior to field investigation (FI).

The PARO shall ensure that all field survey

activities shall be completed before the

conduct of field investigation (FI).


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Survey

Except: In the event that the finalization of the

master list of ARBs will necessitate resolution

of petitions for inclusion and exclusion of

ARBs in the master list, the PARO shall informthe Land Bank of the Philippines (LBP)

regarding the matter.

Survey will now come after the FI or uponfinalization of the master list of ARBs


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Land Use Management and

Development (LUMD)

LUMD fund shall be released and utilized only

for CARP covered lands with Requisition

Survey Services (RSS) approved by the DAR's

Bureau of Land Development (BLD), pursuantto existing guidelines on requisition, approval

and monitoring of survey services.


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Foreclosed Agricultural Land

Landowner-mortgagor with expired two-yearright of redemption and land is subsequently tobe covered under CARP, cannot qualify as an ARB

on the foreclosed land notwithstanding his/herbeing in actual possession and cultivation thereof.

The DAR shall be responsible for takingpossession of the land by negotiating or filing of

the appropriate case, if necessary, and tosuccessfully install the qualified ARB/s.

Agrarian Ao No. 2 Series 2009

Documents

Transcript of Agrarian Ao No. 2 Series 2009