QuestionsQuestions (DAR Administrative Order No. 03, s. 2015)
It amends DAR A.O. No. 5, s. 2014 by changing the term “Notice of Coverage” to “Notice to Proceed” and clarifying procedures and timelines for preliminary acts in CARP land acquisition cases, especially those pending and affecting execution after 30 June 2014.
It allows execution of any case pending on 30 June 2014 even after that date; thus, when a decision becomes executory and results in coverage under CARP, DAR may acquire and distribute the land beyond 30 June 2014.
It involves cancellation of the land title of the landowner in favor of the Republic of the Philippines and the deposit by LandBank of the landowner’s just compensation.
Yes. It states nothing prevents DAR and CARP agencies from doing preliminary acts short of title cancellation and just compensation deposit, such as screening beneficiaries, conducting surveys, and calculating just compensation.
To prevent confusion that notices could not be issued beyond 30 June 2014; “Notice to Proceed” reflects preliminary processing pursuant to cases pending since on or before that date.
Upon receipt by the PARPO of the directive to proceed with preliminary processing.
That DAR shall proceed with preliminary processing up to the issuance of the Memorandum of Valuation with the attached Land Valuation Worksheet by LBP, and that thereafter it will proceed if the Office of the President affirms the Secretary’s decision to revoke the Exemption/Exclusion or Conversion Order.
The periods for filing: (1) protest on coverage, (2) nomination of preferred beneficiaries/ies, (3) manifestation for exemption/exclusion, and (4) manifestation to exercise retention rights—plus the consequences of failure to act within those periods.
The Notice must require submission of a duly attested list of agricultural lessees, farm workers, and/or tenants in the landholding, and must state in bold letters that such acts (nominating preferred beneficiaries, exercising retention, submitting lists) do not prejudice the landowner’s legal position in the pending appealed case in the OP.
Within a non-extendible period of thirty (30) days from receipt of the Notice to Proceed.
It is construed as waiver of the rights to protest coverage, nominate preferred beneficiaries/children, file a petition for exemption/exclusion, and/or exercise retention—depending on which acts were not done. Late filings are no longer accepted.
It may be filed within sixty (60) days from receipt of the Notice to Proceed, together with the documents required by the rules on exemption or exclusion.
Non-submission within the reglementary period is construed as a waiver or abandonment of the right to file the petition for exemption/exclusion regarding the landholding.
The landowner may choose a retention area at the same time as the manifestation to exercise retention; otherwise, the landowner has a non-extendible period of fifteen (15) days after manifesting desire to exercise retention.
No. The A.O. states these acts are contingent upon the final decision regarding revocation and shall not prejudice the landowner or developer against revocation; the acts also do not prejudice the landowner’s legal position in the pending appealed case in the OP.
It suggests that submitting an approved Application for Land Use Conversion can be an implied acknowledgment that undeveloped portions are agricultural in nature; thus, a Petition for Exclusion based on non-agricultural grounds may be denied.
DAR will not accept a Petition for Exemption/Exclusion if the ground thereof is the same as that being sought to be revoked.