Question & AnswerQ&A (DAR Administrative Order No. 05)
Section 30 allows any case or proceeding involving the implementation of CARP that is pending on June 30, 2014, to proceed to finality and be executed even beyond that date.
The change emphasizes that the DAR may proceed with preliminary processing of acquisition and distribution for land already under case or Notice of Coverage before June 30, 2014, without causing confusion about scope or legality.
The Notice to Proceed must inform the landowner of the preliminary processing, the issuance of Memorandum of Valuation by LBP, the process if exemption/exclusion is revoked, deadlines to file protests, nominate beneficiaries, file manifestations for exemption/exclusion or retention rights, submission of tenant lists, and consequences of failure to act.
No. Without a law extension, DAR cannot initiate land acquisition and distribution proceedings for lands not covered by NOC, VOS, or cases prior to June 30, 2014.
The landowner must perform these actions within a non-extendible period of thirty (30) days from receipt of the Notice of Coverage/Notice to Proceed.
The landowner may file the petition within sixty (60) days from receipt of the Notice to Proceed if not filed jointly with the manifestation on coverage protest.
Non-submission within the reglementary period shall be construed as waiver or abandonment of the right to file such petition for that landholding.
According to the Notice to Proceed, these acts do not prejudice the landowner's legal position in any pending appealed case before the Office of the President.
The Separability Clause ensures that if any provision is declared unconstitutional, it does not affect the validity of other provisions not affected by such ruling.