QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 09,s. 1997)
It is anchored on E.O. No. 407 (execution of Deeds of Transfer and surrender of ownership documents to the DAR), as amended by E.O. No. 448 (segregation of lands reserved for non-agricultural uses that are no longer necessary/actually used for the reserved purpose and transfer to DAR for CARP distribution), and on Section 19 of R.A. No. 6657 (voluntary offering of lands for sale under CARP by landowners other than banks/financial institutions). The DAR A.O. provides the mechanics when portions are later found outside CARP coverage.
Non-coverage may be based on: (a) the land is no longer suitable for agriculture and could not be valued by LBP, as determined by DAR/LBP; (b) the property is exempted from CARP coverage pursuant to DOJ Opinion No. 44; or (c) a Presidential Proclamation declares the property for certain uses other than agricultural.
Any party in interest may file a petition for reconveyance of a particular landholding (or portions thereof) with the provincial, regional, or national offices of the DAR, citing specific reasons for reconveyance.
DARPO conducts an investigation to determine whether the landholding (or portions) sought for reconveyance are outside CARP coverage, and then secures supporting documents through its designated action officers.
Examples include: (1) certification from the Department of Agriculture that the subject land is no longer suitable for agriculture; (2) certification from the Housing and Land Use Regulatory Board (HLURB) that the land is classified as non-agricultural; and/or (3) Presidential Proclamations declaring areas for uses other than agricultural. The A.O. also generally requires other documents necessary to justify reconveyance.
EPs or CLOAs already generated must be cancelled pursuant to Administrative Order No. 2, series of 1994 prior to actual physical reconveyance. Cancellation must be done administratively if unregistered, or through quasi-judicial/judicial proceedings if already registered.
DAR must assist ARBs through options: (a) relocation to another CARP-covered site if available; (b) negotiation for direct acquisition by ARBs if they want to buy; (c) for lands declared unproductive/not suitable, a one-year period to make the land productive with MARO re-investigation afterward and possible review by a composite team; (d) for lands made productive by ARBs before issuance of the A.O., similar review and inspection; and (e) DAR Secretary may issue an Order of Coverage if found beneficial, provided ARBs agree in writing to purchase at LBP-determined values subject to affordability provisions.
ARBs are given one (1) year to make the land productive subject to landowner approval. After one year, MARO conducts re-investigation to determine productivity, and if productive, MARO requests the Regional Director to convene a composite review team (DAR, LBP, DENR, DA) for possible CARP distribution.
Any amortization payments made by farmer beneficiaries to LBP for reconveyance-requiring landholdings shall be refunded to the concerned amortizing farmers.
The party may file a motion for reconsideration with the Regional Director (RD) and an appeal to the DAR Secretary, following the appeal process and RD authority under Administrative Order No. 9, series of 1994.
The Bureau of Land Acquisition and Distribution (BLAD) of DAR monitors the implementation.
All necessary procedures and actions for reconveyance must be completed within ninety (90) days from receipt of the petition for reconveyance.
It takes effect ten (10) days after its publication in two (2) newspapers of general circulation, pursuant to Section 49 of R.A. No. 6657.