ra 6657 with index
DESCRIPTION
Ra 6657 With IndexTRANSCRIPT
Republic Act No. 6657 (with Index of Issuances)
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 IPreliminary 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,
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
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
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
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.
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. 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 ConcernedOfficials 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, 1993Subject: 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, 2000Subject: Rationalizing Non-Government Organizations (NGOs) Involvement in the
DAR’s Foreign-Assisted Projects
A.O. No. 11 - April 26, 1989Subject: 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,
& OtherPertinent 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 Lawsand Mainstreaming Gender and Development in the Department of Agrarian Reform M.C. No. 05 – March 26, 2009Subject: 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, 2009Subject: Addendum to Memorandum Circular No. 02 Dated January 16, 2008
Reconstitution andStrengthening 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, 2005Subject: Reconstitution and Strengthening of the Gender and Development
(GAD) Focal Point M.C. No. 05 - January 24, 2001Subject: 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, 1999Subject: 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, 1992Subject: 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 Womenand Pursue a Non-bias Gender Consciousness Implementation for CARP
R.A. 7192 - February 12, 1992Subject: An Act Promoting the Integration of Women as Full and Equal Partners of Men
inDevelopment 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: “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 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 Landswhich 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
theComprehensive Agrarian Reform Program [Amends pertinent provisionsof 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 )
ofRepublic Act No. 6657 and Department of Justice (DOJ) Opinion No. 44, series of 1990
M.C. No. 07 - August 08, 2001Subject: 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, 2003Subject: Addendum to the Special Order No. 823 Reconstituting Center for Land Use
Policy, Planning andImplementation (CLUPPI) Secretariat
S.O. No. 823 – October 27, 2003Subject: 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, 2001Subject: Issuance of DAR Certification and Extending Full Support and Cooperation to
Local GovernmentUnits in the Preparation/Completion and/or Updating of Their Comprehensive Land Use Plans
M.C. No. 11 – July 06, 2000Subject: Directing All Municipal Agrarian Reform Officers (MAROs), Provincial
Agrarian Reform Officers(PAROs), and Regional Directors (RDs) to Extend Full Support and Cooperation to AllConcerned Local Government Units (LGUs) in the Preparation and Completion ofTheir Comprehensive Land Use Plans (CLUPs)
INVENTORY
M.C. No. 07 - August 08, 2001Subject: 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, 1988Subject: Inclusion/Non-inclusion of Agro-Forestry Leases in Lungsod Silangan Townsite
Reservation Within the CARP
DOJ Opinion No. 137 - September 26, 1994Subject: 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, 2001Subject: Inventory and Regular Monitoring of Land Use Conversion and
Exemption/Exclusions
M.C. No. 16 - July 18, 1996Subject: Prescribing the Revised Guidelines in the Performance of the Regular Functions
of the RegionalPlanning 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, 2004Subject: 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, 2004Subject: 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, 1995Subject: 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, 1992Subject: 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
EighteenPercent (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 andMainstreaming Gender and Development in the Department of Agrarian Reform M.C. No. 05 – March 26, 2009Subject: Addendum to Memorandum Circular No. 03 Dated February 27, 2009 Re: Re-
Constitutionand Strengthening of the Gender and Development (GAD) Focal Points
M.C. No. 03 – February 27, 2009Subject: Addendum to Memorandum Circular No. 02 Dated January 16, 2008
Reconstitution andStrengthening of the Gender and Development (GAD) Focal Points
M.C. No. 02 – January 16, 2008Subject: Reconstitution and Strengthening of the Gender and Development (GAD)
Focal Points M.C. No. 01 – April 11, 2005Subject: Reconstitution and Strengthening of the Gender and Development (GAD)
Focal Point M.C. No. 05 - January 24, 2001Subject: 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, 1999Subject: 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/Certificatesof Land Ownership Award (EPs/CLOAs) to Qualified Agrarian Reform Beneficiaries and theirSpouses Pursuant to R.A. No. 7192
M. C. No. 04 - August 27, 1992Subject: Defining the DAR Policy/Program Framework in the Recognition of the Role of
Women onDevelopment and in Addressing their Concerns: “Implementing Rules and Regulations toBuild Mechanisms to Integrate Women and Pursue a Non-bias Gender ConsciousnessImplementation for CARP
R.A. 7192 - February 12, 1992Subject: An Act Promoting the Integration of Women as Full and Equal Partners of Men
inDevelopment and Nation Building and for Other Purposes
CHAPTER IICoverage
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:
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: 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
(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.
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. 99-22Subject: 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 1997Regarding Untitled Private Agricultural Lands
Joint DAR-DENR M. C. No. 14 - March 31, 1997Subject: Clarifying the Jurisdiction of the Department of Agrarian Reform (DAR) and the Department ofEnvironment 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 Typesof Lands of the Public Domain Covered by the CARP Joint DAR-DENR A.O. No. 7, Series of 1991Subject: Amending Joint DAR-DENR AO 2, S. ’87 Re: Guidelines for the
Implementation ofSec. 15, EO 229 on Joint DAR-DENR Certification on Public Lands
M.C. No. 4 - May 10, 1991Subject: Agricultural Lands Covered by Homestead Patents Pursuant to Public Land Act
(CA No. 141)
Joint DAR-DENR A.O. No. 2, Series of 1988Subject: Implementation of Sec. 15, EO 229, on Joint DAR-DENR Certification on
Public Lands A.O. No. 98, Series of 1988Subject: AR in Public Lands – Program D of the CARP M.C. No. 15 - October 25, 1983Subject: 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, 1997Subject: Guidelines to Implement the Joint DAR-DENR Memorandum Circular No. 14, Series of 1997Regarding Untitled Private Agricultural Lands
Joint DAR-DENR M. C. No. 14 - March 31, 1997Subject: Clarifying the Jurisdiction of the Department of Agrarian Reform (DAR) and the
Departmentof Environment and Natural Resources (DENR) on the Disposition of Untitled Privately Claimed Agricultural Lands
Joint DAR-DENR A.O. No. 6 - July 24, 1991Subject: 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 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
PrivateAgricultural 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 byR.A. No. 9700
INVENTORY OF THE CARP SCOPE (ICS)
M.C. No. 13 – August 11, 2003Subject: 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 PrivateAgricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
M.C. No. 06 – July 15, 2011Subject: Clarificatory Guidelines on the Implementation of the Land Acquisition and
DistributionPhasing Under Republic Act No. 9700
M.C. No. 8 – October 27, 2010Subject: Guidelines in the Treatment, Use and Updating of the PARC Execom-
Approved CARPERLand Acquisition and Distribution (LAD) Balance
M.C. No. 06 – June 24, 2010Subject: Clarificatory Guidelines on the Transitory Provisions of DAR A.O. No. 2,
Series of 2009
PARC Executive A.O. No. 01 – November 16, 2009Subject: Guidelines Governing Declaration of Certain Provinces as Priority Land
ReformAreas 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 Subjectof 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 Subjectof 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 AgriculturalLands 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 UnderE. 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 andA.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 CompulsoryAcquisition (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 PrivateAgricultural 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, 1998Subject: Retention Rights of Landowners and Award to Their Qualified Children A.O. No. 4 - April 26, 1991Subject: Supplemental Guidelines Governing the Exercise of Retention Rights by
Landowners Under PD 27
A.O. No. 11 - August 30, 1990Subject: 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, Screeningand 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
PrivateAgricultural 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, 1998Subject: 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, 2009Subject: Clarifying the Reckoning date of the 5-year Prohibitory Period of
Encumbering/AlienatingLands Acquired Through Free Patent and Homestead Patent
M.C. No. 4 - May 10, 1991Subject: 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 orConveyances
M.C. No. 18 – August 18, 2004Subject: Clarificatory Guidelines on the Coverage, Acquisition and Distribution of
AgriculturalLands 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
ComprehensiveAgrarian Reform Program (CARP) Executed in Violation of Section 6, paragraph 4of 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
ComprehensiveAgrarian 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 AwardedLands 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, 1993Subject: 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, 1986Subject: 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
The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the 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
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;
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: That with respect to voluntary land transfer, only those submitted by June 30, 2009 shall be allowed ProvidedJune 30, 2009, the modes of acquisition shall be limited to voluntary offer to sell and compulsory acquisition: 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, finallyConstitution, 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 AgriculturalLands 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 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 AgriculturalLands 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 PrivateAgricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
M.C. No. 06 – July 15, 2011Subject: Clarificatory Guidelines on the Implementation of the Land Acquisition and
DistributionPhasing Under Republic Act No. 9700
M.C. No. 8 – October 27, 2010
Subject: Guidelines in the Treatment, Use and Updating of the PARC Execom-ApprovedCARPER Land Acquisition and Distribution (LAD) Balance
M.C. No. 06 – June 24, 2010Subject: Clarificatory Guidelines on the Transitory Provisions of DAR A.O. No. 2,
Series of 2009
PARC Executive A.O. No. 01 – November 16, 2009Subject: 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 LandsSubject 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 LandsSubject 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 LandsSubject 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 AgriculturalLands 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 UnderE. 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 CompulsoryAcquisition (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, 2011Subject: Creation of a Joint Task Force Which Shall Determine Policy Direction in Order
to AddressJurisdictional and Operational Issues Between the DAR, DENR, LRA and NCIP OverAgricultural, Public, and/or Ancestral Lands
Joint DAR-DENR-LRA-NCIP M.C. No. 05 – May 03, 2011Subject: Extension of Time for the DAR-DENR-LRA-NCIP Task Force to
Formulate theJoint 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 CulturalCommunities/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
(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.
from the coverage of the 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. 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 andFound 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
PrivateAgricultural 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 Landswhich 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 CattleRaising 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, 2004Subject: Modifying Special Orders Nos. 823 and 832 and Providing Guidelines for
Rationalizing theDisposition of Applications for Conversion, Exemption, Exclusion and Other Agrarian LawImplementation (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 theProcessing 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 AllLands Devoted to or Suitable for Agriculture
S.O. No. 832 – November 03, 2003Subject: Addendum to the Special Order No. 823 Reconstituting Center for Land Use
Policy,Planning and Implementation (CLUPPI) Secretariat
S.O. No. 823 – October 27, 2003Subject: Reconstitution of Center for Land Use Policy, Planning and Implementation
(CLUPPI) Secretariat M.C. No. 14 – August 29, 2003Subject: 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 of1994 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 )
ofRepublic Act No. 6657 and Department of Justice (DOJ) Opinion No. 44, series of 1990
M.C. No. 07 - August 08, 2001Subject: 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, 1999Subject: 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 toApprove/Disapprove/Act on Protest Cases of Regional Directors (RDs) in CertainProvinces in Regions III and IV Granted Under A.O. Nos. 9,10 and 12, S. 1994and A.O. No. 5, Series of 1992
M.C. No. 6 - March 11, 1998Subject: Amendment to M.C. No. 9, S. 1997 Entitled: “Recalling the
Authority toApprove/Disapprove/Act on Protest Cases of Regional Directors (RDs) in CertainProvinces in Regions III and IV Granted Under A.O. No. 9 and 12, S. 1994and 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
andCA and Found Unsuitable for Agricultural Purposes
M.C. No. 32 - Series of 1997Subject: Lifting Suspension of the Implementation of R.A. 7881 and its Implementing
Rule M.C. No. 23 - June 02, 1997Subject: 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, 1997Subject: 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, 1996Subject: 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 DecideApplications for Exemptions for All Land Sizes
A.O. No. 9 - December 27, 1993Subject: Exclusion of Agricultural Lands Used for Livestock Poultry & Swine
Raising from CARP Coverage
Joint M.C. DAR-LBP-DENR-DA - January 27, 1992Subject: Clarificatory Guidelines on Land Acquisition Pursuant to NIACIT Resolution
No. 91-7-2 NIACIT Resolution No. 91-7-2Subject: Resolution Clarifying the Guidelines on Land Acquisition to Fast Tract CARP
Implementation
A.O. No. 13 - August 30, 1990Subject: 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 1997Subject: 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, 1995Subject: 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, 1995Subject: 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”] 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 1997Subject: 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
CommercialFarms 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 Landswhich 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 ComprehensiveAgrarian Reform Program [Amends pertinent provisions of DAR A.O. No. 9, Series of 1993]
A.O. No. 9 - December 27, 1993Subject: 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 ImplementingRule, 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, 2001Subject: Inventory and Regular Monitoring of Land Use Conversion and
Exemption/Exclusions
M.C. No. 16 - July 18, 1996Subject: 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, 2004Subject: Moratorium on the Processing and Grant of Applications for Conversion and Exemptionof All Lands Devoted to or Suitable for Agriculture
PRAWN FARMS/FISHPOND (Exemption)
M.C. No. 32 - Series of 1997Subject: 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 itsImplementing Rule, A. O. No. 3, S. 1985
M.C. No. 27 - November 20, 1995Subject: 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 IIIImprovement 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 LeaseArrangement, 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 andJoint 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, 2008Subject: 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
RentalUnder Lease Arrangement, Amending A. O. No. 11, Series of 1988
SUGARCANE LANDS
A.O. No. 4 - April 06, 1992Subject: 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/AmortizationPayments 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 IVRegistration
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 PrivateAgricultural 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
AgriculturalLands 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 theIdentification, 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
Distributionto Agrarian Reform Beneficiaries (ARBs) of Private Agricultural Lands Under RepublicAct (R.A.) No. 6657
A.O. No. 10 - May 03, 1989Subject: 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 Mainstreamingin the Land Acquisition and Distribution Process
M.C. No. 04 – September 20, 2006Subject: Guidelines Implementing the Agrarian Reform Beneficiaries Carding and
IdentificationSystem 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
theIssuance of Identification Cards (IDs) to All Agrarian Reform Beneficiaries (ARBs)
M.C. No. 3 - January 15, 1997Subject: 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, 1988Subject: LISTASAKA II ( Compulsory Registration of Agricultural
Lands Under RA 6657
CHAPTER VLand 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 noticeto acquire the land to the owners thereof, by personal delivery or registered mail, and post
the samein a conspicuous place in the municipal building and barangay hall of the place where the property islocated. Said notice shall contain the offer of the DAR to pay a corresponding value in accordancewith 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, thelandowner, 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 thelandowner the purchase price of the land within thirty (30) days after he executes and delivers a deedof 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 proceedingsto determine the compensation for the land requiring the landowner, the LBP and other interestedparties to submit evidence as to the just compensation for the land, within fifteen (15) days fromthe receipt of the notice. After the expiration of the above period, the matter is deemed submittedfor 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
PrivateAgricultural 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, 1995Subject: Authority of the Adjudication Board to Conduct Summary Administrative
Proceedingsfor the Preliminary Determination of Just Compensation
SUMMARY ADMINISTRATIVE PROCEEDINGSM.C. No. 1 - January 5, 1995Subject: Authority of the Adjudication Board to Conduct Summary Administrative
Proceedingsfor 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,
onSummary Administrative Proceedings on Land Compensation
A.O. No. 8 - July 31, 1991Subject: 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, 1991Subject: Summary Administrative Proceedings on Land Compensation
A.O. No. 13 - November 08, 1989Subject: 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 PrivateAgricultural 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
AgriculturalLands 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,
Rulesand Procedures Governing the Acquisition of Agricultural Lands Subject of VoluntaryOffer 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 andProcedures Governing the Acquisition of Agricultural Lands Subject of Voluntary Offer toSell 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 andProcedures Governing the Acquisition of Agricultural Lands Subject of Voluntary Offer toSell 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 ofVoluntary 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 VoluntaryOffer 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
andRegulations on A.O. No. 3, Series of 1996, Re: Reconveyance of Properties TurnedOver to DAR Pursuant to E.O. No. 407, as Amended, and Lands Voluntarily OfferedUnder 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 CAFound 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: Reconveyanceof 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
Guidelinesand 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
andLands 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, 1995Subject: Supplementary Instructions to Facilitate the Acquisition and Distribution of
SugarEstates & 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, 1994Subject: Manner of Certification Required in DAR A.O. No. 1, Series of 1993, Annex
“A”, Section C-6
A.O. No. 1 - March 18, 1993Subject: An Order Amending Certain Provisions of AO No. 9, Series of 1990, Entitled
“Revised Rules and Procedures Governing the Acquisition of Agricultural LandsSubject of VOS and CA Pursuant to RA 6657
A.O. No. 5 - April 06, 1992Subject: Clarificatory Guidelines and Amendments to A.O. No. 9, Series
of 1990
A.O. No. 10 - September 03, 1991Subject: Amending AO No. 9, Series of 1990: Revised Rules Re: Acquisition of
AgriculturalLands Subject of VOS and CA to Fast-Track Land Acquisition in the Strategic Operation Provinces
A.O. No. 9 - August 30, 1990Subject: Revised Rules Re: Acquisition of Agricultural Lands Subject of VOS/CA
Pursuant to RA 6657
A. O. No. 19 - November 6, 1989Subject: Revised Rules and Procedures Governing VOS Transactions and Providing a
Deadline for the Filing Thereof A. O. No. 14-A - November 8, 1989Subject: 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, 1989Subject: Summary Proceedings for the Final Administrative Determination of
Compensation in CA of Land A.O. No. 12 - July 26, 1989Subject: 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, 1988Subject: Clarifying Memorandum Circular No. 8-88, Series of 1988 Re: Valuation of
Agricultural LandsVoluntarily Offered for Sale by Landowners Pursuant to R.A. 6657
M. C. No. 8 - October 14, 1988Subject: Amending Memorandum Circular No. 6, Series of 1988 on the Land Valuation
ofAgricultural 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, 1996Subject: Adoption of a Joint DAR-LRA Operations Manual on Land
Titling, Registration and Distribution Under the CARP
LRA Circular No. 54 - June 09, 1993Subject: 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 theDAR 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 Philippinesdated March 23, 1993
DAR-LRA Joint M.C. - March 11, 1993Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land Ownership
Awards’ (CLOA) Registration and Distribution A.O. No. 9 - May 05, 1989Subject: Titling and Distribution of Lots in DAR Settlement Projects M.C. NLTDRA - September 07, 1988Subject: 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 Sections16(e) and 28 of R.A. No. 6657
DISTRIBUTION OF LANDS UNDER THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP)
M.C. No. 03 – September 20, 2005Subject: Supplemental/Clarificatory Guidelines on DAR Memorandum Circular No. 2,
Series
of 2005 (Full Implementation and Continuation of the Land Acquisition and DistributionProcess Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Seriesof 2004 and the Supreme Court Ruling in the Cuenca Case)
M.C. No. 02 – September 16, 2005Subject: Full Implementation and Continuation of the Land Acquisition and Distribution
ProcessPursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004and the Supreme Court Ruling in the Cuenca Case
M.C. No. 06 – March 03, 2004Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining
OrdersIssued by the Regular Courts on Acquisition and Distribution of Lands Under theComprehensive Agrarian Reform Program (CARP)
EASEMENTS
Joint DAR-LBP M.C. No. 03 - April 11, 1995Subject: Acquisition, Distribution and Compensation of Patches or Portions of
AgriculturalLands 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 andProcedures for the Disposal/Lease of Foreclosed Properties/Assets”
M.C. No. 05 – May 23, 2007Subject: 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
Subjectof 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, 2001Subject: 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, 2000Subject: 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, 1996Subject: Guidelines Clarifying Sections 3 and 6 of RA 7881 Relative to Applications for
Commercial Farm Deferment and the Turn-Over to DAR of ForeclosedAssets 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 inA.O. No. 10 - September 03, 1991Subject: 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, 1995Subject: 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, 1996Subject: The Use of Internal Control Forms for Land Survey Project Management
System Joint DAR-DENR M.C. No. 24 - October 16, 1995Subject: Adopting Common Monitoring Report on Surveys, Inspection, Verification &
Approval Under ARF M.C. No. 18 - July 21, 1995Subject: 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, 1991Subject: 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 VICompensation
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.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. 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 AgriculturalLands 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 UnderP.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 ofSix Percent (6%) Yearly Interest Compounded Annually on Lands Covered byPresidential 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 InterestCompounded Annually on Lands Covered by Presidential Decree (P.D.) No. 27and 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 ReformProgram (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-MeterRiverbank Protection in the Distribution of DAR-Administered Public Land Bordering Such Rivers andNatural Bodies of Water
Joint DAR-LBP M.C. No. 15 - July 21, 1999Subject: 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, 1995Subject: Acquisition, Distribution and Compensation of Patches or Portions of
AgriculturalLands not Actually Planted to Any Crop and Lands Subject to Legal Easements
M.C. No. 1 - January 5, 1995Subject: Authority of the Adjudication Board to Conduct Summary Administrative
Proceedingsfor 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 Offeredor 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,
onSummary Administrative Proceedings on Land Compensation
A.O. No. 6 - October 30, 1992Subject: Rules and Regulations Amending the Valuation of Lands Voluntarily Offered
andCompulsorily Acquired as Provided for Under Administrative Order No. 17, Series of1989, as Amended, Issued Pursuant to Republic Act No. 6657
A.O. No. 8 - July 31, 1991Subject: Amendments to AO No. 2, Series of 1991, Entitled “Rules and
Regulations on SummaryAdministrative Proceedings on Land Compensation
A.O. No. 3 - April 25, 1991
Subject: Rules and Regulations Amending Certain Provisions of AO 17 Which Governs theValuation of Lands Voluntarily Offered Pursuant to EO 229 and RA 6657 andCompulsorily 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 1989Subject: Rules and Regulations Amending Valuation of Lands Voluntary Offered
Pursuantto EO 229 and R.A. 6657 and Those Compulsorily Acquired Pursuant to R.A. 6657
A.O. No. 13 - November 08, 1989Subject: 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, 1988Subject: 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, 1988Subject: 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, 2007Subject: Guidelines in the Determination of Valuation Inputs for Landholdings Planted
to Cavendish Banana
VALUATION OF ROADS AND BRIDGESM.C. No. 12 – August 12, 2003Subject: Dissemination of LBP Land Valuation Guideline No. 97-004 and 97-005, Series
of1997, 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
— Twenty-five percent (25%) cash, the balance to be paid in government financial
(b) For lands above twenty-four (24) hectares and up to fifty (50)
— Thirty percent (30%) cash, the balance to be paid in government financial instrument
(c) For lands twenty-four (24) hectares and below.
— Thirty-five percent (35%) cash, the balance to be paid in government financial instrument
is concerned.
instruments negotiable at any time.
hectares.
s negotiable at any time.
s 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
AgriculturalLands 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 andProcedures 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
AgriculturalLands Subject of VOS and CA and Those Covered UnderE.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 AgriculturalLands Subject of VOS and CA and Those Covered UnderE.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
AgriculturalLands Subject of VOS and CA and Those CoveredUnder 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 theAcquisition of Agricultural Lands UnderR.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 LandsSubject of VOS and CA and Those Covered UnderE. 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 2000and 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 ofVoluntary Offer to Sell and Compulsory Acquisition Pursuant to Republic ActNo. 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 PropertiesTurned Over to DAR Pursuant to E.O. No. 407, as Amended, and LandsVoluntarily Offered Under Section 19 of R.A. No. 6657 But Foundto 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 ofVOS and CA Pursuant to RA No. 6657
M.C. No. 2 - February 5, 1998Subject: 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:
Reconveyanceof Properties Turned-over to DAR Pursuant to E.O. No. 407, as Amended, and LandsVoluntarily Offered under Section 19 of R.A. No. 6657 but Found to be Outside the Coverage of CARP
M.C. No. 34 - December 10, 1997Subject: 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 Guidelinesand 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 LandsVoluntarily 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
Subjectof Voluntary Offer to Sell and Compulsory Acquisition Pursuant to Republic Act No. 6657
Joint DAR-LBP M.C. No. 17 - July 12, 1995Subject: Supplementary Instructions to Facilitate the Acquisition and Distribution of
SugarEstates 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 Offeredor Compulsorily Acquired as Embodied in A.O. No. 06, Series of 1992
M.C. No. 12 - August 18, 1994Subject: 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, 1993Subject: An Order Amending Certain Provisions of A. O. No. 9, S. ’90, Entitled:
“Revised Rules and Procedures Governing the Acquisition of Agricultural Lands Subject ofVoluntary Offer to Sell and Compulsory Acquisition Pursuant to RA 6657
A.O. No. 5 - April 6, 1992Subject: Clarificatory Guidelines and Amendments to A.O. No. 9, S. ‘90
A.O. No. 10 - September 03, 1991Subject: 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, 1990Subject: Revised Rules Governing the Acquisition of Agricultural Lands Subject of
VOS and CA Pursuant to RA 6657 A.O. No. 19 - November 6, 1989Subject: Revised Rules and Procedures Governing VOS Transactions and Providing a
Deadline for the Filing Thereof A.O. No. 14-A - November 8, 1989Subject: Amendments to A.O. No. 3, series of 1989, Governing VOS Transactions and
Providinga 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, 1988Subject: 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, 1988Subject: Amending Memorandum Circular No. 6, Series of 1988 on the Land Valuation
of AgriculturalLands 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, 1992Subject: Clarificatory Guidelines and Amendments to A. O. 9, S. ‘90
A.O. No. 9 - August 30, 1990Subject: 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
PrivateAgricultural 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
AgriculturalLands 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
AgriculturalLands 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, 1991Subject: 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 AgriculturalLands Under Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS)
CHAPTER VIILand 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 PrivateAgricultural 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 provisionof 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 46Subject: Revised Rules and Procedures Governing the Acquisition and Distribution of
PrivateAgricultural 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, 1998Subject: 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 Mainstreamingin the Land Acquisition and Distribution Process
M.C. No. 04 – September 20, 2006Subject: Guidelines Implementing the Agrarian Reform Beneficiaries Carding and
IdentificationSystem 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 Issuanceof Identification Cards (IDs) to All Agrarian Reform Beneficiaries (ARBs)
M.C. No. 3 - January 15, 1997Subject: 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
CircumventionsCommitted by the Agrarian Reform Beneficiaries (ARBs), Providing Sanctions Thereforand Filing of Appropriate Administrative, Quasi-Judicial and/or Criminal Actions
A.O. No. 2 - March 07, 1994Subject: 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 PrivateAgricultural 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
amendedby 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 OtherNatural Bodies of Water, Including the Legal Easements/20-Meter Riverbank Protection;Exclusion of Legal Easements/20-Meter Riverbank Protection in the Distributionof DAR-Administered Public Land Bordering Such Rivers and Natural Bodies of Water
M.C. No. 03 – September 20, 2005Subject: Supplemental/Clarificatory Guidelines on DAR Memorandum Circular No. 2,
Seriesof 2005 (Full Implementation and Continuation of the Land Acquisition and DistributionProcess Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Seriesof 2004 and the Supreme Court Ruling in the Cuenca Case)
M.C. No. 02 – September 16, 2005Subject: Full Implementation and Continuation of the Land Acquisition and Distribution
ProcessPursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004and the Supreme Court Ruling in the Cuenca Case
M.C. No. 06 – March 03, 2004Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining
OrdersIssued by the Regular Courts on Acquisition and Distribution of Lands Under theComprehensive 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, 1997Subject: Land Distribution and Information Schedule
Joint DAR-LRA M.C. No. 09 - June 14, 1996Subject: 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, 1995Subject: 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, 1995Subject: Acquisition, Distribution and Compensation of Patches or Portions of
AgriculturalLands 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/Acquisitionby 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, 1993Subject: EP Monitoring and CLOAs Registration/Distribution A.O. No. 2 - April 16, 1993Subject: Supplemental Guidelines on AO 10, S. 1990, and Other Issuances on the Rights
of Farmworkers A.O. No. 12 - November 21, 1991Subject: Acquisition/Distribution of Homelots Under CARP
Joint DAR-DA A.O. No. 5 - June 1991Subject: Distribution of Cancelled or Expired FLAs Under EO 407 as Amended by EO
448
A.O. No. 10 - August 30, 1990Subject: 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, 1993Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land Ownership
Awards’(CLOA) Registration and Distribution
DISTRIBUTION AND TITLING OF NLSF LANDSM.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 theDAR for Distribution Under CARP Pursuant to EO 407, S. 1990, as Amended by 448,S. 1991 & Clarified Under Memorandum Order No. 107 of the Presidentof 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
Distributionto Agrarian Reform Beneficiaries (ARBs) of Private Agricultural Lands Under Republic Act (R.A.) No. 6657
Ministry M.C. No. 4 - May 07, 1986Subject: Disposition of Excess Areas Under AO No. 3-’85 A.O. No. 3 - July 24, 1985Subject: Disposition of Farmlots Containing Areas in Excess of That Prescribed for Economic Family-Size Farms.
UNPAID DISTRIBUTED LANDS
M.C. No. 12 - July 23, 1993Subject: 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 landcompleted 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.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 CircumventionsCommitted by the Agrarian Reform Beneficiaries (ARBs), Providing SanctionsTherefor and Filing of Appropriate Administrative, Quasi-Judicial and/or Criminal Actions A.O. No. 2 - March 07, 1994Subject: 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 ProceduresGoverning the Cancellation of Registered Emancipation Patents (EPs), Certificatesof 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 2011for 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 theCancellation 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 RegisteredEmancipation 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, 2004Subject: 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, 2003Subject: 2003 Systems and Procedures for the Requisition, Issuance, Utilization and
Accounting of EP/CLOA Judicial Forms and the Utilization and Control ofSigning and Sealing Machines
M.C. No. 20 - May 21, 1997Subject: DAR-LRA Operational Guidelines on the Registration of EP/CLOA and
CARP Monitoring & Reporting System
M.C. No. 24 - October 11, 1996Subject: Amendment to M. C. No. 14, Series of 1994 Entitled: “Additional Measures
to be Observed in the Preparation of Collective Certificates of Land OwnershipAwards (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, 1996Subject: Adoption of a Joint DAR-LRA Operations Manual on Land Titling,
Registrationand Distribution Under the CARP
M.C. No. 14 - August 30, 1994
Subject: Additional Measures to be Observed in the Preparation of Collective CLOAs asDescribed in DAR AO No. 3, Series of 1993
A.O. No. 02 - March 07, 1994Subject: 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, 1993Subject: Issuance of Collective CLOAs and Subsequent Issuance of Individual Titles to
Co-owners DAR-LRA Joint M.C. - March 11, 1993Subject: 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 Describedin 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, 1996Subject: Monitoring of Violations or Circumventions Committed by the ARBs, Providing
Sanctions and Filing of Appropriate Administrative/Criminal Actions A.O. No. 2 - March 07, 1994Subject: 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, 2003Subject: 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, 1993Subject: 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, 1997Subject: Registration of EP/CLOA and CARP Monitoring and Reporting System
Joint DAR-LRA M.C. No. 09 - June 14, 1996Subject: Adoption of a Joint DAR-LRA Operations Manual on Land
Titling, Registration and Distribution Under the CARP
DAR-LRA Joint M.C. - March 11, 1993Subject: Monitoring of Emancipation Patents (EP) and Certificate of Land
Ownership Awards’ (CLOA) Registration and Distribution M.C. NLTDRA - September 07, 1988Subject: 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, 1996Subject: Adoption of a Joint DAR-LRA Operations Manual on Land
Titling, Registration and Distribution Under the CARP
LRA Circular No. 54 - June 09, 1993Subject: 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, 2003Subject: 2003 Systems and Procedures for the Requisition, Issuance, Utilization and
Accountingof 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, 1996Subject: 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
tothe 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 thePhilippines 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. 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/orTransfer of Paid-up Share Capital in Agrarian Reform Plantation-Based Cooperatives
Joint DAR-CDA-DA A.O. No. 2 - April 09, 1997Subject: Membership Issues/Concerns of Farmworkers and Employee Beneficiaries in
Agrarian Reform Plantation-Based Cooperatives Joint DAR-CDA A.O. No. 2 - November 29, 1995Subject: Membership Issues/Concerns of Farmworkers and Employee-Beneficiaries in
AR Plantation-Based Coops A.O. No. 6 - June 15, 1990Subject: 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 LandsUnder Republic Act (R.A.) No. 6657
Ministry M.C. No. 4 - May 07, 1986Subject: Disposition of Excess Areas Under AO No. 3-’85 A.O. No. 3 - July 24, 1985Subject: 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, 2000Subject: 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, 1997Subject: Joint Venture Agreements Between DAR and Other Interested Parties and on
theProcessing of Applications for Lease Back Arrangements, Joint- Venture Agreementsand Other Schemes that may be Recommended by the PARCCOM to the PARC
R.A. 7905 - February 23, 1995Subject: 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 PrivateAgricultural 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
UnderE. 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, 1993Subject: Revised Implementing Guidelines and Procedures Governing
Payment of Land Amortization by ARBs A.O. No. 3 - March 11, 1992Subject: Payment of Land Amortization by FBs Pursuant to Section 26 of RA 6657 Ministry M.C. No. 7 - June 13, 1986Subject: 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 CLOAsDue 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
Lands acquired by beneficiaries under this Act 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: Providedchildren 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/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.
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.
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. 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
ComprehensiveAgrarian 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, 1993Subject: 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, 1983Subject: Supplemental Guidelines to Govern Transfer Action of Areas Concerned
Covered byP.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 toSections 16(e) and 28 of R.A. No. 6657
CHAPTER VIIICorporate 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 andValuation and/or Transfer of Paid-up Share Capital inAgrarian Reform Plantation-Based Cooperatives
Joint DAR-CDA-DA A.O. No. 2 - April 09, 1997Subject: 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-Beneficiariesin AR Plantation-Based Coops
A.O. No. 6 - June 15, 1990Subject: 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, 1997Subject: Joint Venture Agreements Between DAR and Other Interested Parties and
on the Processing of Applications for Lease Back Arrangements, Joint-VentureAgreements and Other Schemes that may be Recommended by the PARCCOM to the PARC
R.A. 7905 - February 23, 1995Subject: 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, 1992Subject: Revised Rules and Procedures Governing the Disposition of Homelots
and Other Lots in Barangay Sites and Residential, Commercial, and IndustrialLots in Townsites Within DAR Settlement Projects and Similar Other areas Under DAR Jurisdiction
A.O. No. 12 - November 21, 1991Subject: Acquisition/Distribution of Homelots Under CARP Ministry M.C. No. 3 - February 24, 1986Subject: 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, 1978Transferring of Homelots to Tenant-Tillers who are Beneficiaries of PD No. 27 DAR M.C. No. 12 - April 26, 1974Subject: 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
StockDistribution Option (SDO) Plans
A.O. No. 1 - January 30, 1991Subject: 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 SHARINGA.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, 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 2008Subject: Amendment of the Joint DAR-LANDBANK Memorandum Circular (MC) No.
07, Series of2006: 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, 2006Subject: Guidelines in the Implementation of Credit Assistance Program for Program
BeneficiariesDevelopment Window III (CAP-PBD WINDOW III)
M.C. No. 23 - September 29, 1995Subject: Clarifying Roles and Activities for the Beneficiaries Development Program M.C. No. 21 - August 23, 1995Subject: Creation of the Program Beneficiaries Development Coordinating Unit Under
theOffice of the Undersecretary for Field Operation/Support Services and theOperationalization of the PBD/SS Management Team
CARP (STRENGTHENING ITS IMPLEMENTATION)PARC ExeCom Policy Order No. 1 – August 18, 1997Subject: 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, 1995Subject: An Act to Strengthen the Implementation of the CARP and for Other Purposes
DEVELOPMENT FACILITATORS, ARCs
M.C. No. 15 - September 07, 1994Subject: 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, 1999Subject: Framework of the Information and Education Program for Agrarian Reform
Beneficiaries
KALAHI ARZONES
M.C. No. 01 - January 16, 2003Subject: Development Framework for Bayan-Anihan Agrarian Reform Zones
(BARZones)
M.C. No. 04 – April 03, 2003Subject: 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, 1987Subject: DAR-Coordinating Secretariat for the National Reconciliation
and Development Program (NRDP)
Gen. Memo Order No. 4 - March 12, 1991Subject: Project Management of the NRDP Bayanihan Resettlement Community Project
RESEARCH AND DEVELOPMENT
A.O. No. 5 - Series of 1990Subject: SOP on CARP Research and Development Project
SUSTAINABLE RURAL DEVELOPMENT (SRD)
M.C. No. 02 - February 1, 2000Subject: Classification of Existing and to be Launched ARC’s Pursuant to theSustainable Rural Development Framework for Agrarian Reform Communities
M.C. No. 6 - March 22, 1999
Subject: Guidelines for Regional and Provincial Offices for Sustainable RuralDevelopment (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: Providedshall 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 years, as far as practicable, a minimum of two (2) Agrarian Reform Communities (ARCs) shall be established by the DARcoordination with the local government units, non-governmental organizations, based cooperatives and people's organizations in each legislative district with a predominant agricultural population: ProvidedThat the areas in which the ARCS are to be established shall have been covered under the provisions of this Act and other agrarian or land reform laws: 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 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;
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, accreditedand 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: 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: 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
(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.
(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 KaunlaranSecretariat 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 or lesser sanctions as may be provided by the PARC, without prejudice to criminal prosecution. (as amended by RA 9700)
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.
AGRIBUSINESS DEVELOPMENT PROGRAMS AND INITIATIVES
M.C. No. 10 – September 30, 2011Subject: Transforming the ARB Agribusiness Entrepreneurship Development Program
(AREDP)Office to National ARCCESS Program Coordinating Office (NAPCO) and InstallingARCCESS 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, 2007Subject : 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, 2011Subject: Interim Guidelines Governing the Integration of Agrarian Reform Communities
Monitoring and Tracking System (ARC MTS) and ARC Level of DevelopmentAssessment (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, 2011Subject: Operational Directives on the Conduct of ARC Level of
Development Assessment (ALDA) for CY 2011
Memorandum of the Secretary No. 147 – May 04, 2011Subject: Integrating ALDA and ARC-MTS in the Department’s
Planning, Monitoring and Evaluation System (PMES)
M.C. No. 09 – November 5, 2010Subject: Clarificatory Guidelines on the Conduct of ARC Level of
Development Assessment (ALDA) for CY 2010 M.C. No. 06 – June 20, 2001Subject: 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 Levelof Development (ALDA) of Agrarian Reform Communities
ARC CLUSTERS, Development of
M.C. No. 13 – September 14, 2009Subject: Operational Guidelines for the Development of ARC Clusters
ARCs CONNECTIVITY
M.C. No. 03 – September 5, 2006Subject: Intensified Rural Development Through Agrarian Reform
Communities (ARCs) Connectivity ARC DEVELOPMENT FACILITATORS
M.C. No. 15 - September 07, 1994Subject: 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, 2008Subject: 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 2006Subject: Implementing Guidelines on Operation and Maintenance of
Completed Rural Infrastructure Sub-Projects of the DAR-ADBAgrarian Reform Communities Project (ARCP)
AREDP (ARB AGRIBUSINESS ENTREPRENEURSHIP DEVELOPMENT PROGRAM)
M.C. No. 06 – October 25, 2006Subject: Revised Implementing Policies and Guidelines on the “ARB
Agribusiness Entrepreneurship Development Program (AREDP)”
M.C. No. 05 – December 13, 2005Subject: 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, 2001Subject: Revised Thresholds for ARCs Level of Development Assessment
(Amending Memorandum Circular No. 03, series of 2001) M.C. No. 03 - January 10, 2001Subject: 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, 1998Subject: 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
CircumventionsCommitted by the Agrarian Reform Beneficiaries (ARBs), ProvidingSanctions Therefor and Filing of Appropriate Administrative,Quasi-Judicial and/or Criminal Actions
A.O. No. 2 - March 07, 1994Subject: Correction and Cancellation of Registered/Unregistered EPs,
and CLOAs Due to Unlawful Acts and Omissions or Breach of Obligations of ARBs
CAP-PBDM.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, 2000Subject: 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 2008Subject: Amendment of the Joint DAR-LANDBANK Memorandum Circular (MC) No.
07,Series of 2006: Guidelines in the Implementation of Credit AssistanceProgram for Program Beneficiaries Development Window III (CAP-PBD WINDOW III)
Joint DAR-LBP M.C. No. 07 – November 15, 2006Subject: 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, 2003Subject: 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, 1996Subject: Monitoring of Violations or Circumventions Committed by the ARBs, Providing
Sanctions and Filing of Appropriate Administrative/Criminal Actions A.O. No. 2 - March 07, 1994Subject: 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 ProgramBeneficiaries Development Window III (CAP-PBD) WINDOW III
Joint DAR-LBP M.C. No. 07 – November 15, 2006Subject: 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, 2003Subject: Amending Memorandum Circular No. 26, Series of 1996 and Memorandum
Circular No. 29, Series of 1997 pm the Composition of CAP-PBDImplementing Structures at Different Levels
Joint DAR-ETF M.C. No. 09 - May 19, 2000Subject: Revised Implementing Policies and Guidelines for the
Joint DAR-ETF Livelihood Credit Assistance Program
Joint DAR-LBP M.C. No. 04 - March 24, 2000Subject: 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 CreditAssistance Program for Program Beneficiaries Development
Joint DAR-LBP M.C. No. 12 - June 22, 1999Subject: 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, 2011Subject: 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 2011Subject: 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 Liberalizationof 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, 2002Subject: Establishment of Farmers’ Bayanihan Center for Rural Development (FBCRD)
FARMERS TRUST DEVT. PROGRAM
E.O. No. 151 - September 27, 1999Subject: Establishing the Farmers Trust Development Program and
Providing Institutional Reforms and Fund Mechanisms for MobilizingLong Term Private Sector Capital for Rural Development
FARMING SYSTEM DEVELOPMENT (FSD)
M.C. No. 8 - June 03, 1998Subject: 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, 2002Subject: Creation of the Policy Governing Committee for Foreign-Assisted Projects
FOREIGN-ASSISTED PROJECTS, NGOs Involvement in
M.C. No. 13 - September 07, 2000Subject: Rationalizing Non-Government Organizations (NGOs)
Involvement in the DAR’s Foreign-Assisted Projects
HAND TRACTORS AND ACCESSORIES TO FARMER-BENEFICIARIESM.C. No. 6 – July 21, 1987Subject: Guidelines in the Repossession, Voluntary Surrender and
Redistribution or Recycle of Hand Tractors and Accessories to Farmer-Beneficiaries
INFRASTRUCTURE PROJECTSM.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 AssistanceProgram (LCAP) [Supersedes Joint DAR-ETF M.C. No. 9, Series of 2000]
Joint DAR-ETF M.C. No. 09 - May 19, 2000Subject: Revised Implementing Policies and Guidelines for the Joint DAR-ETF
LivelihoodCredit Assistance Program [Supersedes Joint DAR-NLSF M.C. No. 26, Series of 1997]
MICROFINANCE IN AGRARIAN REFORM AREAS, GrassrootsJoint DAR-LANDBANK M.C. No. 01 – January 7, 2009Subject: Grassroots Microfinance in Agrarian Reform Areas (GMFA)
MICROFINANCE POLICY FRAMEWORK/CAPACITY DEVELOPMENT PROGRAM
Joint DAR-LBP M.C. No. 03 - Series of 2011Subject: Microfinance Capacity Development Program in Agrarian Reform Areas
(MicroFin_CAP@ARAs)
M.C. No. 17 – December 30, 2003Subject: Microfinance Policy Framework for Agrarian Reform Areas
NAPCO (NATIONAL ARCCESS PROGRAM COORDINATING OFFICE)
M.C. No. 10 – September 30, 2011Subject: 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-ETFLivelihood 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 2008Subject: Submission of Support Lists on Program Beneficiary Development (PBD)
Accomplishment
PBD DIRECTIVES
M.C. No. 01 - January 28, 2000Subject: Program Beneficiaries Development Directives for CY 2000
PBD PARTNERSHIP SUPPORT FUND
M.C. No. 04 – May 18, 2011Subject: Implementing Guidelines to Access Funds, Implement and Monitor
Projects Under the DAR-PBD Partnership Support Fund
PEASANT FUND, Availment ofM.C. No. 11 - June 14, 1999Subject: Amendment on the Memorandum Circular No. 15, Series of 1997
Re: Availment of Peasant Fund
M.C. No. 15 - April 02, 1997Subject: Availment of Peasant Fund Per AO No. 1, S. ’97 M.C. No. 3 - April 18, 1996Subject: 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 Programfor Program Beneficiaries Development Window III (CAP-PBD) WINDOW III
Joint DAR-LBP M.C. No. 07 – November 15, 2006Subject: 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, 2000Subject: Revised Implementing Policies and Guidelines for the Joint DAR-ETF
Livelihood Credit Assistance Program
Joint DAR-LBP M.C. No. 04 - March 24, 2000Subject: Re-Availment of Loans Granted Under the Credit Assistance Program for
Program Beneficiaries Development (CAP-PBD)
M.C. No. 01 - January 28, 2000Subject: 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, 1999Subject: 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, 1995Subject: Creation of the PBD Coordinating Unit under the Office of the Undersecretary
forField Operation/Support Services and the Operationalization of the PBD/SS Management Team
RUBBER PLANTATIONS Joint DAR-LBP M.C. No. 12 - June 22, 1999Subject: Supplemental Guidelines on the DAR-LBP Joint Financing for Rubber
ReplantingUnder the Credit Assistance Program for Program Beneficiaries Development (CAP-PBD)
RURAL DEVELOPMENT
M.C. No. 03 – September 5, 2006Subject: Intensified Rural Development Through Agrarian Reform Communities (ARCs)
Connectivity
M.C. No. 06 – May 20, 2003Subject: 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, 2007Subject: Guidelines Governing the Identification/Selection/ Confirmation of Special
AgrarianReform Communities (SARCs)
SOCIAL INFRASTRUCTURE AND LOCAL CAPABILITY BUILDING (ARBs)
M.C. No. 19 - November 3, 1999Subject: 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 theDAR-PBD Partnership Support Fund
Joint DAR-LBP M.C. No. 03 - Series of 2011Subject: 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 SupportServices 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
toCredit 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, 1996Subject: Strategic Direction of Support Services
SURVEY SERVICES, Requisition, Approval and Monitoring of
M.C. No. 1 - January 4, 2008Subject: 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, 2004Subject : 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, 1999Subject: 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 Lawsand Mainstreaming Gender and Development in the Department of Agrarian Reform M.C. No. 05 – March 26, 2009Subject: 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, 2009Subject: Addendum to Memorandum Circular No. 02 Dated January 16, 2008
Reconstitutionand Strengthening of the Gender and Development (GAD) Focal Points
M.C. No. 02 – January 16, 2008Subject: Reconstitution and Strengthening of the Gender and Development (GAD)
Focal Points M.C. No. 01 – April 11, 2005Subject: Reconstitution and Strengthening of the Gender and Development (GAD)
Focal Point M.C. No. 05 - January 24, 2001Subject: 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, 1999Subject: 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 AgrarianReform Beneficiaries and their Spouses Pursuant to R.A. No. 7192
M. C. No. 04 - August 27, 1992Subject: Defining the DAR Policy/Program Framework in the Recognition of the Role of
Women on Development and in Addressing their Concerns: “Implementing Rules andRegulations to Build Mechanisms to Integrate Women and Pursue a Non-bias GenderConsciousness Implementation for CARP
R.A. 7192 - February 12, 1992Subject: 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;
Section 38. Support Services for Landownerswith 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
(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.
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, 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:
(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 bondsface 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 tlandholding 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 XSpecial 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/Acquisitionby 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 Lawsand Mainstreaming Gender and Development in the Department of Agrarian Reform M.C. No. 05 – March 26, 2009Subject: Addendum to Memorandum Circular No. 03 Dated February 27, 2009 Re: Re-
Constitutionand Strengthening of the Gender and Development (GAD) Focal Points
M.C. No. 03 – February 27, 2009Subject: Addendum to Memorandum Circular No. 02 Dated January 16, 2008
Reconstitution andStrengthening of the Gender and Development (GAD) Focal Points
M.C. No. 02 – January 16, 2008Subject: Reconstitution and Strengthening of the Gender and Development (GAD)
Focal Points M.C. No. 01 – April 11, 2005Subject: Reconstitution and Strengthening of the Gender and Development (GAD)
Focal Point
M.C. No. 05 - January 24, 2001Subject: 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, 1999Subject: 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 ReformBeneficiaries and their Spouses Pursuant to R.A. No. 7192
M. C. No. 04 - August 27, 1992Subject: Defining the DAR Policy/Program Framework in the Recognition of the Role of
Womenon Development and in Addressing their Concerns: “Implementing Rules and Regulationsto Build Mechanisms to Integrate Women and Pursue a Non-bias GenderConsciousness 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 Veteransof 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 toA.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 Veteransof 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, toLandless War Veterans of Military Campaigns, Their Surviving Spouses and Orphans, AFPand 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 toA.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 Veteransof Military Campaigns, Their Surviving Spouses & Orphans, AFP and INP/PNP
Retirees, Returnees, Surrenderees, Agriculture Graduates of Agricultural Schools& Other Similar Beneficiaries
CHAPTER XIProgram 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; Land Registration Authority; and six (6)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 A Provincial Agrarian Reform Coordinating Committee is hereby
(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.
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: 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, furtherreform 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, finallyand/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
CARP (STRENGTHENING ITS IMPLEMENTATION)PARC Executive Committee M.C. No. 01 - August 30, 2000Subject: Designating PARCCOM Representatives as One of the Signatories on the Final InspectionTeam Report Prior to Turn-Over of Completed CARP-Funded Projects PARC ExeCom Policy Order No. 1 – August 18, 1997Subject: 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
CertainProvisions of RA 6657 and Other Pertinent Laws
R.A. No. 7905 - February 23, 1995Subject: 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, 2000Subject: 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 theFormation, Organization and Operation of the PARCCOM
M.C. No. 16 - July 04, 1995Subject: 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, 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, 1997Subject: 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 Provisionsof RA 6657 and Other Pertinent Laws
R.A. No. 7905 - February 23, 1995Subject: 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 2010Subject: 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, 1990Subject: 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, 2003Subject: 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 ofBarangay 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, 1990Subject: 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/CONCILIATIONA.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, 2003Subject: Amending Memorandum Circular No. 9, Series of 1997 as Amended by
MC No. 6, Series of 1998, Restoring the Authority to Approve/Disapprove/Acton Protest Cases of Regional Directors (RDs) in Certain Provinces in Region IV GrantedUnder Administrative Order No. 9, 10 and 12, Series of 1994 andAdministrative 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, 1998Subject: Amendment to M.C. No. 9, S. 1997 Entitled: “Recalling the
Authorityto Approve/Disapprove/Act on Protest Cases of Regional Directors (RDs) in CertainProvinces in Regions III and IV Granted Under A.O. Nos. 9,10and 12, S. 1994 and A.O. No. 5, Series of 1992
M.C. No. 6 - March 11, 1998Subject: Amendment to M.C. No. 9, S. 1997 Entitled: “Recalling the
Authority toApprove/Disapprove/Act on Protest Cases of Regional Directors (RDs) in CertainProvinces in Regions III and IV Granted Under A.O. No. 9 and 12, S. 1994and A.O. No. 5, Series of 1992
M.C. No. 18 - May 07, 1997Subject: 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 CertainProvinces 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
Landsfrom CARP Under Sec. 10 of RA 6657,” to Authorize All RDs toHear & 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, 1988Subject: 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, 1987Subject: Authorizing Regional Offices to Hear/Investigate and Resolve Cases Ministry M.C. No. 5 - August 19, 1984Subject: Authorizing all MAR RDs to Confirm and/or Designate the Successor of
a Deceased Farmer-Beneficiary Ministry M.C. No. 19 - September 12, 1978Subject: Death of a Tenant-Beneficiary
CONFIDENTIALITY (Inter-Office Communications)/RIGHT TO INFORMATIONM.C. No. 07 – July 19, 2011Subject: Adopting and Implementing the Right to Information with Respect to the
Quasi-Judicial and Disciplinary Functions of the Department of Agrarian Reformand 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, 1995Subject: 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, 1995Subject: 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, 2004Subject: 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, 2004Subject: Release of DAR Central Office Decisions, Resolutions, or Orders in Agrarian
Law Implementation Cases and Personnel Discipline Cases
M.C. No. 5 - April 03, 1995Subject: 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, 1997Subject: Providing Mechanism for the Resolution of Flashpoint Cases
LEGAL OPINIONM.C. No. 10 - March 13, 1997Subject: Guidelines on the Rendition of Legal Opinions
OPEN DOOR POLICY/TRANSPARENCY
M.C. No. 04 – March 03, 2004Subject: Adopting and Directing an Open Door Policy and Planning Implementing
Accessibilityand Transparency in the Department of Agrarian Reform
POLICY FORMULATION PROCESS, Institutionalizing the
M.C. No. 14 – July 30, 2004Subject: 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 andSystems 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, 2003Subject: 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 RegionalDirectors (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, 1998Subject: Amendment to M.C. No. 9, S. 1997 Entitled: “Recalling the
Authority toApprove/Disapprove/Act on Protest Cases of Regional Directors (RDs) in CertainProvinces in Regions III and IV Granted Under A.O. Nos. 9,10 and12, S. 1994 and A.O. No. 5, Series of 1992
M.C. No. 6 - March 11, 1998Subject: 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 RegionsIII and IV Granted under AO No. 9 & 12, S. 1994 and AO No. 5, S. 1992
M.C. No. 18 - May 07, 1997Subject: Clarifying the Internal Rules of Procedure of MC No. 9, S. ’97, Amending
Certain Provisions
M.C. No. 9 - March 13, 1997Subject: Recalling the Authority to Approve/Disapprove/Act on Protest Cases of RDs in
RegionsIII & 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 6657or 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
Certificatesof Title to be Initiated by the DAR Provincial Office
R.A. 6732 - July 17, 1989Subject: An Act Allowing Administrative Reconstitution of Original Copies of
Certificatesof Titles Lost or Destroyed Due to Fire, Flood and Other Force Majeure, Amendingfor the Purpose Section One Hundred Ten of Presidential Decree Numbered FifteenTwenty-Nine and Section Five of Republic Act Numbered Twenty-Six
LRA Circular No. 13 - July 26, 1989Subject: Administrative Reconstitution of Original Copies of Lost or Destroyed
Certificateof Title Pursuant to R.A. 6732
LRA Circular No. 35 – June 13, 1983
Subject: Supplemental Rules and Regulations Governing the Reconstitution of Lost orDestroyed Land Certificates of Title
R.A. No. 26 - September 25, 1946
Subject: An Act Providing a Special Procedure for the Reconstitution of TorrensCertificates 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 TurnedOver to DAR Pursuant to E.O. No. 407, as Amended, and Lands Voluntarily Offered UnderSection 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 PropertiesTurned-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
andLands Voluntarily Offered Under Sec. 19 of RA 6657 but Found tobe 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, 1998Subject: Amendment to M.C. No. 9, S. 1997 Entitled: “Recalling the
Authority toApprove/Disapprove/Act on Protest Cases of Regional Directors
(RDs) in CertainProvinces in Regions III and IV Granted Under A.O. Nos. 9,10and 12, S. 1994 and A.O. No. 5, Series of 1992
M.C. No. 6 - March 11, 1998Subject: 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, 1997Subject: Amending Certain Provisions in MC No. 9, S. 1997
M. C. No. 9 - March 13, 1997Subject: 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, 1992Subject: RDs Have no Supervision and Control Over the PARADs and RARADs
A.O. 14 - October 28, 1988Subject: 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, 1987Subject: 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 aDeceased Farmer-Beneficiary
Ministry M.C. No. 19 - September 12, 1978Subject: Death of a Tenant-Beneficiary
SUBSTANTIVE AND PROCEDURAL ASPECTS OF THE AGRARIAN LAWS
M.C. No. 3 - July 24, 1992Subject: Lecture on the Substantive and Procedural Aspects of the Agrarian Laws,
Including the CARL
CHAPTER XIIAdministrative 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.
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 tecumwrits 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.
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 portion thereof involving solely the issue of just compensation(as amended by Section 18, RA 9700)
ADMINISTRATION OF OATHSA.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 thePreliminary Determination of Just Compensation
DARAB New Rules of Procedure (1994)
M.C. No. 6 - September 14, 1992Subject: Signing Authority on Travel Orders of DARAB Officials and Personnel
M.C. No. 7 - September 30, 1991Subject: 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, 2004Subject: Reaffirming the Vital Roles of Farmer-Paralegals in Facilitating the Delivery
of AgrarianJustice and Providing for the Creation of Agrarian Justice Paralegal Support Fund
SUMMARY ADMINISTRATIVE PROCEEDINGS
M.C. No. 1 - January 5, 1995Subject: Authority of the Adjudication Board to Conduct Summary Administrative
Proceedingsfor 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 SummaryAdministrative Proceedings on Land Compensation
A.O. No. 8 - July 31, 1991Subject: 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, 1991Subject: 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, 2010Subject: Guidelines on the Investigation and Referral of Cases to the Department of
AgrarianReform Pursuant to Section 19 of R.A. No. 9700
Supreme Court Court Administrator Circular No. 62-2010 – April 28, 2010Subject: Implementation of Sections 7 and 50-A of R.A. No. 6657, Also Known as the
ComprehensiveAgrarian 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, 2007Subject: 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, 2005Subject: Supplemental/Clarificatory Guidelines on DAR Memorandum Circular No. 2,
Seriesof 2005 (Full Implementation and Continuation of the Land Acquisition and DistributionProcess Pursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Seriesof 2004 and the Supreme Court Ruling in the Cuenca Case)
M.C. No. 02 – September 16, 2005Subject: Full Implementation and Continuation of the Land Acquisition and Distribution
ProcessPursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004and the Supreme Court Ruling in the Cuenca Case
INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, Effect on CARP Coverage of
M.C. No. 09 - May 13, 2004Subject: 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 theLegal Support Fund for the Purpose
M.C. No. 06 – March 03, 2004Subject: 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 PARADM.C. No. 1 - January 5, 1995Subject: 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 [Modifiesand Repeals DAR A.O. No. 6, Series of 2000]
M.C. No. 10 - May 28, 1994Subject: Procedure in the Issuance of Finality of Orders/Resolution of Cases Arising
fromthe Administrative Implementation of AR Law Issued by the Secretary
M.C. No. 3 - February 28, 1994Subject: 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 XIIIJudicial 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 PARCduly authorized or designated agenciescontroversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform. Section 20, RA 9700)
INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, Effect on CARP Coverage of
M.C. No. 03 – September 20, 2005Subject: Supplemental/Clarificatory Guidelines on DAR Memorandum Circular No. 2,
Series of 2005
(Full Implementation and Continuation of the Land Acquisition and Distribution Process Pursuantto the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004 and theSupreme Court Ruling in the Cuenca Case)
M.C. No. 02 – September 16, 2005Subject: Full Implementation and Continuation of the Land Acquisition and Distribution
ProcessPursuant to the Provisions of DAR Memorandum Circular Nos. 6 and 9, Series of 2004and the Supreme Court Ruling in the Cuenca Case
M.C. No. 09 - May 13, 2004Subject: 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, 2004Subject: 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, 2011Subject: 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 XIVFinancing
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
The amount needed to implement this Act until the year 2008 shall be funded from the Agrarian Reform Fund.
Additional amounts necessary for this
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 lawsthe Agrarian Reform Fund and 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
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:
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:
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 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 form and nature arisingreform operations, projects and programs 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
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
(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
credits, infrastructures, and other support services required by this Act;
other support services required by this Act; 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: 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: Providedall just compensation payments to landowners, including execution of judgments therefore, shall only be sourced from the Agrarian Reform Fund: 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: Providedafter 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 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 XVGeneral 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: furthermore, That irrigated and irrigable lands, shall not be subject to conversion: Provided, finallyIrrigation 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.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 toOffice 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 LandConversion 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, 2004Subject: Enjoining Strict Compliance with the Pertinent Provisions of DAR A.O. No. 1,
S. 2002in the Processing of Application for Extension of Time to Conduct Development on Lands Issuedwith Conversion Order and Mandating the Immediate Acquisition and Distribution of LandsNot 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, 2004Subject: Modifying Special Orders Nos. 823 and 832 and Providing Guidelines for
Rationalizingthe 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 Exemptionof All Lands Devoted to or Suitable for Agriculture
S.O. No. 832 – November 03, 2003Subject: Addendum to the Special Order No. 823 Reconstituting Center for Land Use
Policy, Planning and Implementation (CLUPPI) Secretariat
S.O. No. 823 – October 27, 2003Subject: 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, 2002Subject: Guidelines for the Processing of Land Use Conversion Applications Pursuant
toAdministrative 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,
Clearancesand Permits, and Imposing Sanctions for Failure to observe the Same
M.C. No. 08 - October 15, 2001Subject: Issuance of DAR Certification and Extending Full Support and Cooperation to
Local GovernmentUnits in the Preparation/Completion and/or Updating of Their Comprehensive Land Use Plans
M.C. No. 07 - August 08, 2001Subject: 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 BondPursuant to Administrative Order No. 1, series of 1999, Entitled “Revised Rules and Regulationson 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, 2000Subject: Directing All Municipal Agrarian Reform Officers (MAROs), Provincial
Agrarian ReformOfficers (PAROs), and Regional Directors (RDs) to Extend Full Support and Cooperation to All Concerned Local Government Units (LGUs) in the Preparation and Completion ofTheir 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, 1998Subject: 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, 1997Subject: 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, 1997Subject: 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, 1997Subject: 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, 1997Subject: Additional Guidelines on Land Use Conversion Application Processing and
Status Reporting
M.C. No. 4 - April 22, 1996Subject: 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, 1995Subject: 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, 1994Subject: Amendments to Joint AO No. 4, Series of 1993, on Illegal Conversion of
Agricultural Lands Joint A.O. No. 4 - May 04, 1993Subject: 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, 1993Subject: 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, 1992Subject: Amendments to AO No. 8, Series of 1990
DA A.O. No. 2 - February 24, 1992Subject: 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, 1990Subject: Processing and Approval of Applications for Land Use Conversion A.O. No. 1 - March 22, 1990Subject: Revised Rules and Regulations on the Conversion on Private Agricultural Lands
to Non-agricultural Uses A.O. No. 18 - December 14, 1989Subject: Revised Rules and Procedures on Conversion of Private Agricultural Lands to
Non-Agricultural Uses A.O. No. 16 - November 6, 1989Subject: Cutting of Coconut Trees and/or Change in Use of Lands Primarily Devoted to
Coconut A.O. No. 15 - November 6, 1989Subject: 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 ofDA A.O. No. 2 - February 24, 1992Subject: 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, 1996Subject: 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, 1997Subject: 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, 1994Subject: Creating Socialized Housing One-Stop Processing Centers to Facilitate the
Processing and Issuanceof 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, 1993Subject: Establishing Priorities and Procedures in Evaluating Areas Proposed for Land
Conversion in Regional Agri-Industrial Centers/Regional Industrial Centers, Tourism Development Areas andSites for Socialized Housing
R.A. No. 7279 - March 24, 1992Subject: 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, 1994Subject: Amendment to Joint AO No. 4, Series of 1993 on Illegal Conversion of
Agricultural Lands Joint A.O. No. 4 - May 04, 1993Subject: 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 toApprove/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, 2003Subject: Addendum to the Special Order No. 823 Reconstituting Center for Land Use
Policy, Planning and Implementation (CLUPPI) Secretariat
S.O. No. 823 – October 27, 2003Subject: 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, 2004Subject: 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, 2001Subject: Inventory and Regular Monitoring of Land Use Conversion and
Exemption/Exclusions
LAND USE PLANS, Comprehensive
M.C. No. 08 - October 15, 2001Subject: 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, 2001Subject: Inventory and Regular Monitoring of Land Use Conversion and
Exemption/Exclusions
M.C. No. 16 - July 18, 1996Subject: 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, 2001Subject: Inventory and Regular Monitoring of Land Use Conversion and
Exemption/Exclusions
PERFORMANCE BONDM.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, 1995Subject: Suspension of the Implementation of RA 7881, Its Implementing Rule, AO No.
3, Series of1995, 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, 1997Subject: 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, 1996Subject: Expedited Processing of Applications for Conversion/Exemption Thru the
SHOPC Per EO 184 S. 1994 E.O. No. 184 - June 27, 1994Subject: 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 AgenciesConcerned to Support the Operations of the Said Centers
E.O. No. 124 - September 8, 1993Subject: Establishing Priorities and Procedures in Evaluating Areas Proposed for Land
Conversion inRegional Agri-Industrial Centers/Regional Industrial Centers, Tourism DevelopmentAreas and Sites for Socialized Housing
R.A. No. 7279 - March 24, 1992Subject: 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, 2004Subject: 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 ofA.O. No. 15 - November 6, 1989Subject: 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)
CONVERSIONA.O. No. 02 – July 19, 2011 (Effectivity Date – August 2, 2011)Subject: Rules on the Conversion of Agricultural Lands for Government Housing
Projects Intendedfor 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, 2004Subject: 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, 2002Subject: 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, 2001Subject: Inventory and Regular Monitoring of Land Use Conversion and
Exemption/Exclusions
M.C. No. 01 - January 09, 2001Subject: 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, 1998Subject: 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 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 9700)
INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, Effect on CARP Coverage of
M.C. No. 03 – September 20, 2005Subject: Supplemental/Clarificatory Guidelines on DAR Memorandum Circular No. 2,
Series of 2005 (Full Implementation and Continuation of the Land Acquisition and Distribution Process Pursuantto 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, 2005Subject: 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, 2004Subject: Clarificatory Guidelines on the Effect of Injunctions and Temporary Restraining
Orders Issued bythe 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, 2004Subject: 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, 2004Subject: 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 asAmended by EO No. 228 and RA 6657
LRA Circular No. 54 - June 09, 1993Subject: 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, 1998Subject: Retention Rights of Landowners and Award to Their Qualified Children A.O. No. 4 - April 26, 1991Subject: Supplemental Guidelines Governing the Exercise of Retention Rights by
Landowners Under PD 27 A.O. No. 11 - August 30, 1990Subject: 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 2008Subject: 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, 1996Subject: 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, 1996Subject: 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;
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.
(c) Any conversion by any landowner of 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, completion of the appropriate conversion under Section 65 of Republic Act No. 6657, as amendedregistration 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 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 41Subject: Revised Rules and Procedures Governing the Acquisition and Distribution of
Private AgriculturalLands 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, 1998Subject: Retention Rights of Landowners and Award to Their Qualified Children A.O. No. 4 - April 26, 1991Subject: Supplemental Guidelines Governing the Exercise of Retention Rights by
Landowners Under PD 27
A.O. No. 11 - August 30, 1990Subject: 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, 1994Subject: 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, 1994Subject: 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, 1993Subject: 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, 2004Subject: 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, 2004Subject: 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, 1995Subject: 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. 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.
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
If the offender is a corporation or association, the officer responsible therefore shall be criminally liable
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. 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, 1988Subject: 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 tecumsuch 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 APPROVALRepublic Act 6657 June 10, 1988Republic Act No. 7881 February 20, 1995Republic Act No. 7905 February 23, 1995Republic Act No. 8532 February 23, 1998Republic Act No. 9700 August 7, 2009
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