Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 5 S. 1992)
It provides clarificatory guidelines and amendments to Administrative Order No. 9, Series of 1990, concerning land acquisition schemes under the Comprehensive Agrarian Reform Law, specifically on withdrawal of Voluntary Offer to Sell (VOS) and lifting of Notices of Acquisition.
DAR may allow withdrawal if the land is part of the owner's retained area not exceeding 5 hectares with no payment made, if withdrawal is to wait for compulsory coverage under Phase III-A or III-B with no Notice of Valuation served, or to shift acquisition to Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS).
DAR may reject if the land is unsuitable for agriculture or underdeveloped with slope over 18%, if there are no takers or agrarian reform beneficiaries due to valid reasons like peace and order issues, or if the only ARBs are the qualified children of the landowner.
The landowner must submit a written request stating the reasons to the DAR. The request undergoes verification and evaluation at the municipal (MARO), provincial (PARO), regional, and central levels before approval or disapproval.
The Regional Director approves or disapproves VOS withdrawal applications for lands less than ten hectares.
The Undersecretary for Field Operations approves or disapproves VOS withdrawal or lifting of Notice of Acquisition involving lands less than 100 hectares, and must act within 15 days.
Such applications are approved or disapproved by the DAR Secretary.
DAR central and/or regional legal offices review and evaluate all VOS withdrawal applications within 10 days before approval or disapproval by the concerned authority.
Yes, if the land is found more suitable as a townsite, resettlement site, or institutional use in national interest or calamity situations, following rules on land use conversion and disturbance compensation.
The DAR allows withdrawal provided that the Notice of Valuation for the property has not been served to the landowner.