QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 01, S. 2004)
The Supreme Court held that lands devoted to the raising of livestock, poultry and swine are excluded from the coverage of R.A. No. 6657.
The land must be actually, exclusively, and directly used for cattle raising as of 15 June 1988.
It requires proof that the land was used for cattle production prior to 15 June 1988 and that it was continuously utilized/devoted for such purpose up to the time of application for exclusion.
It is considered invalid and illegal and does not affect the CARP coverage of the landholding; any change in agricultural use after the effectivity of the A.O. must follow existing DAR guidelines on land use conversion.
Only the grazing area within the farm and the portions of the property required for infrastructure necessary for cattle raising are considered for exclusion.
They automatically revert to the category of agricultural land and are covered under CARP through Compulsory Acquisition.
Farmers/farmworkers/lessees/actual tillers who are qualified and will be displaced due to exclusion are entitled to disturbance compensation in accordance with existing laws.
Nearly flat/level to gently sloping: 1.0 AU/ha; gently sloping to undulating/rolling: 0.5 AU/ha (based on where more than 50% of the area falls within the slope category).
Agricultural lands are lands actually, exclusively, and directly used for cattle raising, based on the ratios provided in Article II, Section 4, Item 4.1.
AU is a unit expressing daily animal demand/potential intake of dry matter to describe grazing by different species on a common basis; AUE expresses the demand rate for forage for different classes of cattle as a fraction of one (1) AU.
A true copy of OCT/TCT certified by the Register of Deeds issued not earlier than or within one year prior to filing; for untitled private agricultural lands, DENR-CENRO (administrative confirmation of imperfect title) or the Clerk of Court (judicial confirmation), showing titling has commenced and no adverse claimants.
A certification from the MARO of the average number of cattle during the last four (4) years prior to filing; and copies of cattle registration based on actual headcount of cattle inventoried for exclusion as of the filing date.
A billboard (for every 20 hectares, strong materials) must be posted on the landholding itself, and a notice must be posted in the barangay halls where the landholding is located.
Within 30 days from posting of the required billboards, or within 15 days from conduct of ocular inspection—whichever comes later.
Prior to issuance/release, the landowner must pay disturbance compensation (cash/in-kind/combination) as agreed, subject to DAR approval and monitoring; if parties cannot agree or raise prejudicial issues, either/both may refer to the Provincial Agrarian Reform Adjudicator (PARAD) for resolution, and eviction is not allowed until final resolution.