Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 01, S. 2004)
The Order governs the exclusion of private agricultural lands actually, exclusively, and directly used for cattle raising from coverage under the Comprehensive Agrarian Reform Program (CARP) as of June 15, 1988.
It covers all applications for exclusion of private agricultural lands or portions thereof actually, exclusively, and directly used for cattle raising as of June 15, 1988.
Agricultural lands refer to lands actually, exclusively, and directly used for cattle raising based on prescribed land to cattle raising ratios.
Changes or conversions to cattle raising after June 15, 1988, made to circumvent CARP coverage are invalid and illegal, and such lands remain covered by CARP.
Farmworkers are natural persons rendering service for value as employees or laborers in cattle-raising agricultural enterprises, including those whose work ceased due to agrarian disputes without substantially equivalent employment.
The required stocking rate is 1.0 animal unit per hectare for lands where more than 50% is nearly flat or gently sloping with slopes of 3% to 8%.
Applicants must submit a notarized application form, proof of ownership, corporate resolutions if applicable, certified copies of titles, vicinity and topography maps, MARO certification, cattle ownership certificates, cattle registration, income tax returns, and other supporting documents showing use for cattle raising since June 15, 1988.
Persons affected may file a written protest within 30 days of billboard posting or 15 days after ocular inspection. The DAR office evaluates protests, may conduct hearings, prepare reports, and forward recommendations to the approving authority for resolution.
Disturbance compensation in cash or kind (housing, employment, etc.) is paid to qualified displaced persons, with terms approved and monitored by the DAR, and agreed compensation must not disadvantage affected parties.
Grounds include misrepresentation or concealment of material facts, serious violations of DAR rules and agrarian laws, or other substantial grounds deemed appropriate by DAR officials.
The lands revert to agricultural land status and shall be covered immediately under CARP.
The lands must be continuously used for cattle production and maintain the prescribed stocking rate without falling below it for specified periods; owners must also submit annual sworn compliance reports to DAR offices.
They shall be liable under Section 74 of R.A. 6657 and other applicable laws, with corporate officers criminally liable if the offender is a corporation or association.
They shall render a decision within thirty (30) calendar days from receipt of the exclusion folder, extendable upon notice in cases involving protests or merit requiring further evaluation.
It informs stakeholders and parties of interest of the exclusion application, providing details and allowing affected persons to file protests within prescribed deadlines.