QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 05, S. OF 2008)
Its basis is Section 15 of E.O. 229, which provides that A&D lands outside proclaimed settlements are distributed by DENR to qualified beneficiaries as jointly certified by DAR and DENR, and it is implemented through DAR-DENR issuances. It also relies on the CARP framework and related laws referenced in the text (e.g., R.A. 6657, R.A. 6940 as amended by R.A. 9176, R.A. 9167, R.A. 91 76, and R.A. 9167 criteria for coverage).
Section III.7 (Item III.7/Item 111.7 as stated) of DAR AO No. 2, s. of 2005, which previously stated that landholdings issued patents under the DENR “Handog Titulo” program after June 15, 1988 would not be subject of acquisition and distribution by the DAR/DLR unless Section 6 of R.A. 6657 applies, and otherwise depended on the 5-hectare rule.
Because tenanted landholdings covered by “Handog Titulo” patents were still being treated under CARP even if they exceeded the 5-hectare retention limit, yet the earlier provision could be read to “disenfranchise” tenants by excluding those landholdings from CARP coverage.
It was a strategy formulated by DENR mainly to accelerate the issuance of quality patents to complement the accelerated cadastral survey program in the 1980s; it is tied to the issuance of patents rather than being a gratuitous government grant.
The text clarifies that free patents distributed under the “Handog Titulo” project are not government grants; they are confirmations of imperfect title over alienable and disposable public agricultural lands through administrative procedure.
They are deemed private if all requisites are satisfied under R.A. 6940 as amended by R.A. 9176, specifically: (a) continuous occupancy and cultivation by oneself or predecessor-in-interest for at least 30 years before the effectivity of R.A. 9176 on 4 December 2002 (i.e., since 4 December 1972); (b) the land was classified A&D for at least 30 years before that effectivity; (c) payment of real estate tax; and (d) no adverse claims.
It states that landholdings covered by Free Patents constitute the same type or classification as untitled private lands covered by the DAR pursuant to the criteria defined in R.A. 9167, and thus are subject to acquisition and distribution by the DAR for the area in excess of the 5-hectare retention limit under Section 6 of R.A. 6657, provided requisites under Paragraph III.1(a)-(d) are met.
When the landholdings are covered by Free Patents and all requisites in Paragraph III.1(a)-(d) are met; then the excess over 5 hectares is subject of acquisition and distribution by DAR to identified qualified ARBs under CARP.
Section 17 of R.A. 6657, as expressly stated in the text.
The landowner/patent holder has the right to choose the area to be retained, which must be compact or contiguous pursuant to Section 6 of R.A. 6657.
Then all remaining lands covered by patents shall be subject to acquisition and distribution by the DAR under CARP.
No. Applications for VOS involving retained areas or those landholdings totalling an aggregate area of 5 hectares and below per landowner shall not be accepted.
Copies of documents pertinent to the issuance of the patent/s showing patent application number/date, patent number, lot number, survey plan number, location, area, and other relevant data; and a DENR certification stating that the patent holder satisfied requisites/criteria for acquiring vested right under Free Patent law.
It serves as proof that the patent holder met the requisites/criteria to acquire a vested right on the land pursuant to Free Patent law, which is required for DAR to proceed with acquisition and distribution rules in the AO.
It amends AO No. 2, s. of 2005 and takes effect ten (10) days after publication in two (2) newspapers of general circulation. It also states that all inconsistent orders, circulars, and issuances are repealed and/or modified accordingly.