DAR Application for Exemption
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Transcript of DAR Application for Exemption
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Department of Agrarian Reform CENTRAL OFFICE
CITIZENS CHARTER
STEPS AND PROCEDURES IN THE AVAILMENT OF FRONTLINE SERVICES
Where to Apply: Land Use Cases Division (LUCD), Bureau of Agrarian Legal Assistance (BALA)
Schedule of Availability of Service: Monday Friday, 8:00 am 5:00 pm (NO LUNCH BREAK)
Who May Avail of the Service:
1. Owners of private agricultural lands or other person/s duly authorized by the landowner.
2. Government agencies, including government-owned or controlled corporations, and LGUs that own agricultural land as their patrimonial property.
Requirements:
Applicant shall submit in quadruplicate the following documents in four (4) separate bound folders (one [1] original set and [3] photocopy sets) with table of contents and page numbers of all documents, sequentially numbered, except for maps which the applicant
shall submit in quadruplicate but in separate envelopes with proper label of the contents of envelope.
1. Official receipt showing proof of payment of filing and inspection fees.
2. Sworn Application for CARP Exemption or Exclusion, duly accomplished and subscribed and sworn to before a Notary Public or any person authorized to administer oaths.
Special Power of Attorney (SPA) if the applicant is not the registered owner or one of the co-owners of the property.
Notarized secretarys certificate of a corporate or cooperative board resolution authorizing the applicants representative to file the Sworn Application for CARP Exemption, if the applicant is a corporation or cooperative or some other judicial entity. The applicant shall
also submit its latest notarized General Information Sheet (GIS) which must comply with the pertinent requirements of the Securities and Exchange Commission.
3. True copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) of the subject land certified by the Register of Deeds not earlier than thirty (30) days prior to application filing date. In case of untitled land, the following shall be required in
lieu of a title:
Certification from the DENR Community Environment and Natural Resources Officer (CENRO) that the landholding has been classified as alienable and disposable; and
Certification from the DENR CENRO (for administrative confirmation of imperfect title) or the Clerk of Court (for judicial conformation of imperfect title) that the titling process/proceedings has commenced and there are no adverse claimants;
4. Land classification certification:
Certification from the Housing and Land Use Regulatory Board (HLURB) Regional Officer on the actual zoning or classification of the subject land in the approved comprehensive land use plan, citing the municipal or city zoning ordinance number, resolution number,
and date of its approval by the HLURB or its corresponding board resolution number.
For lands classified as mineral: certification issued by DENR Mines & Geosciences Bureau or the proper DENR office attesting that the subject land is classified as mineral and covered by a mining permit issued by said Bureau or the proper Local Government Unit
(LGU) in case of small scale mines.
For lands classified as forest: certification issued by the DENR Forestry Sector of the proper DENR office attesting that the subject land is classified as with in the forest zone.
5. Certification of the National Irrigation Administration (NIA) that the area is not irrigated nor scheduled for irrigation rehabilitation nor irrigable with firm funding commitment;
6. Certification of the Municipal Agrarian Reform Officer (MARO) attesting compliance with the public notice requirement and its corresponding report;
7. Photographs, size 5R (five [5] inches by seven [7] inches), using color film, and taken on the subject land under sunlight. The applicant shall attach the pictures to a paper background, and the photographer who took said pictures shall sign on said paper background to
certify the authenticity of the pictures. On each background paper shall be written a short description of each picture. The pictures shall consist of:
At least four (4) photographs taken from the center of the landholding: one (1) facing north, one (1) facing east, one (1) facing south, and one (1) facing west;
At least one (1) photograph per corner, taken from each corner of the landholdings borders;
At least two (2) photographs each for all distinct man-made structures existing on the land, taken from opposite angles;
At least two (2) photographs each of the front view of the billboard(s). The applicant shall set aside the second copy of the said billboard photographs for submission to the MARO; and
Sufficient number of photographs of the most conspicuous landmarks on the ingress and egress routes leading to and from the subject landholding.
8. Proof of receipt of payment of disturbance compensation or a valid agreement to pay or waive payment of disturbance compensation.
9. Affidavit/Undertaking in a single documents of the applicant stating: The number and names of the farmers, agricultural lessees, share tenants, farmworkers, actual tillers, and/or occupants in the landholding: if there are no such persons, a statement attesting to such fact;
That the applicant has erected the billboard(s); and undertakes not to remove, deface or destroy the same; and that he shall repair or replace the same when damaged, until after the approving authority disposes of the application with finality;
That he has not committed any act of forum shopping as defined in the rules governing Agrarian Law Implementation (ALI ) cases; and
That when there is a dispute on the fixing of disturbance compensation pending before the Provincial Agrarian Reform Adjudicator (PARAD) or Regional Agrarian Reform Adjudicator (RARAD) or DAR Adjudication Board (DARAB), the applicant shall abide with the
decision of the Adjudicating authority on the fixing of disturbance compensation.
10. Lot plan prepared by a duly-licensed geodetic engineer indicating the lots being applied for and their technical descriptions.
11. Vicinity or directional map.
How to avail of the service
FRONTLINE SERVICE: Application for Exemption of Land From CARP Coverage ( above 5 hectares )
Note: OSII also referred as ocular inspection (OCI).
Steps
Applicant /Client
Action to be taken
Duration of Activity (under nor-mal circumstances)
Person In-Charge
Fees
Form
1
Get Application Form
Hands out Application Form
5 minutes
RMD or Downloadable at DAR website
(www.dar.gov.ph)
Php 21.00
ACE Form #1
2 Install Public Notice Billboards in the subject property
3
Furnish the Municipal Agrarian Reform Program Officer 2 copies of accomplished application form together with the
photocopy of title and directional map
Receives the documents
5 minutes
MARPO
4
Transmits one folder to the PARPO
Within 5 days from receipt of Application Form
MARPO
5
Issues MARPO Certification to include status of CARP coverage, billboard posting, presence of farmer/occupants, and posting of notices
Within 10 days from receipt of Application Form
MARPO
6
Fill application with necessary data, reproduced in three clear
photocopies and place in three separate folders and submit
the same. Attaching the MARPOs certificate.
Receives the application folder and rubberstamp the word ORIGINAL on
the original copy
Administrative Staff
7
Reviews completeness of the application folder
30-45 minutes Administrative Staff / Officer of the Day
8
If complete, forwards the application to Chief, LUCD for review and orders the preparation of order of payment of filing fee
and inspection cost.
Computes assessment fees application fee and inspection cost
5 minutes
30 minutes
Officer of the Day/ Admin Secretariat
9
If incomplete, returns the application folder
15 minutes
Administrative Staff
10
Pay necessary fees
Issues official receipt
5 minutes
Cashier
Php 2,000.00 Application fee
Inspection fee of Php 10,000.00 within the main island of Luzon
Php 20,000 for Mindanao group of islands
11
Furnishes PARPO and MARPO with the Application for Exemption Folders
LUCD
12
Raffles the application folder or case to LUCD Technical Staff
5 10 minutes
Chief, LUCD
13
Issues Notice of On Site Inspection and Investigation (OSII)
Within 5 days from filing date
Chief, LUCD
14
Transmit Notice of OSII to MARO and indicate the inspection date on the billboard
Within 5 days before OSII
15
Participate during the OSII
Conducts OSII
Not earlier than 10 days but not later than 15 days from issuance
of Notice of on Site Inspection and Investigation
LUCD (Technical and Administrative Staff),
PAMRS and Committee member
16
Submits OSII Report
5 days after inspection
LUCD technical staff and Committee
member
17
Deliberates on the merits of the application / case
Within 40 days from filing date
LUCD Committee
18
Submits recommendation to approving authority
10 days after deliberation
LUCD
19
Issues Order
At least 30 days after receipt of draft order
DAR Secretary
END OF THE TRANSACTION