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for coverage under Voluntary Offer to Sell (VOS)can no longer be withdrawn.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