Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 09,s. 1997)
E.O. No. 407 and its amendment E.O. No. 448 mandate all government instrumentalities to transfer ownership of all lands suitable for agriculture and no longer used for their original reserved purpose to the Department of Agrarian Reform (DAR) for distribution under the Comprehensive Agrarian Reform Program (CARP).
Lands or portions thereof found outside the coverage of CARP shall be reconveyed to the original transferors or landowner-offerors through Deeds of Reconveyance or rescission of the Deed of Transfer (DOT).
Non-coverage is determined if the land is no longer suitable for agriculture as per DAR/LBP, if exempted by Department of Justice Opinion No. 44, or if declared for non-agricultural use by a Presidential Proclamation.
DAR assists by offering relocation to CARP-covered sites, negotiating land purchase directly with agencies, granting a one-year period for making unproductive lands productive, and potentially issuing Orders of Coverage if lands become productive and ARBs agree to purchase.
Any amortization payments they made to the Land Bank of the Philippines (LBP) must be refunded to the concerned farmers.
The DAR office that originally signed the Deed of Transfer retains the authority to sign the Deed of Reconveyance or related instruments. For lands under Voluntary Offer to Sell (VOS), the Provincial Agrarian Reform Officer (PARO) will sign.
All procedures and actions for reconveyance must be completed within ninety (90) days from receipt of the petition for reconveyance.
Petitions for reconveyance may be filed with the provincial, regional, or national offices of the Department of Agrarian Reform (DAR).
The Bureau of Land Acquisition and Distribution (BLAD) of the DAR is tasked to monitor the implementation of these guidelines.
Parties may file motions for reconsideration with the Regional Director and appeals to the Secretary as provided under Administrative Order No. 9, Series of 1994.
Supporting documents include certifications that land is no longer suitable for agriculture from DA, non-agricultural classification from HLURB, or Presidential Proclamations declaring specific non-agricultural uses.
The DAR Provincial Office submits and registers Deeds of Reconveyance or amended Deeds of Transfer, along with approved subdivision plans and technical descriptions, to the Register of Deeds (ROD) to effect the transfer.