Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 12)
The Department is mandated to initiate the expropriation or acquisition of idle or abandoned agricultural lands for distribution to farmer-beneficiaries of the agrarian reform program.
Idle or Abandoned Land refers to any agricultural land not cultivated, tilled, or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three years immediately prior to the receipt of notice of acquisition by the government, excluding lands permanently devoted to non-agricultural purposes or lands unproductive due to force majeure.
The policies are grounded on Section 22 of Article XVIII of the 1987 Constitution, Section 7 and related provisions of R.A. No. 6657, and Executive Order No. 229, which emphasize social justice, land's social function, and the priority of acquiring idle or abandoned lands.
The guidelines apply to all idle or abandoned agricultural lands regardless of size within cities or municipalities under the jurisdiction of the Department.
MARO must identify all idle or abandoned lands with an initial reckoning period of three years prior to Notice of Acquisition, monitor lands not yet qualifying, send Notices of Coverage indicating idle status to landowners, post notices for 30 days in public places, and secure sworn statements from disinterested farmers and witnesses.
If no reply is received within 30 days, it is assumed the landowner waived retention rights, and the Department proceeds with the acquisition and distribution of the entire property or identified portions under compulsory acquisition procedures.
They may file a written protest with the MARO, with copies to the PARO and RARO, within fifteen days from receipt of the Notice or date of posting to contest the coverage designation.
For landholdings over 50 hectares where the landowner opts for temporary retention, the Department first covers the area in excess of 50 hectares and then investigates and covers any idle or abandoned portions within the temporarily retained lands accordingly.
The procedures for acquisition, compensation, and distribution, including valuation and mode of compensation, must follow Sections 16, 17, 18, and 22 of R.A. 6657 and the implementing guidelines issued for such purposes.
It took effect ten days after publication in two national newspapers of general circulation, and all orders, circulars, rules, and regulations inconsistent with it were revoked, amended, or modified accordingly.