Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 02, S. 1994)
Ownership shall be evidenced by either an Emancipation Patent (EP) or Certificate of Landownership Award (CLOA).
The Court of Agrarian Reform has original and exclusive jurisdiction over such cases as stated in Section 12 (g) of Presidential Decree No. 946.
It means any act causing substantial and unreasonable damage to the land, depletion of soil fertility, or knowingly planting or raising dangerous drug-producing plants as defined in P.D. No. 1683.
It is the willful failure of the ARB and his household to cultivate or use the land for any economic purpose continuously for two calendar years.
Illegal conversion is changing the land use from agricultural to non-agricultural without clearance from the Department of Agrarian Reform (DAR).
Only the Provincial or Regional Adjudicator with jurisdiction over the property can order correction or cancellation.
Grounds include misuse or diversion of financial services, misuse of the land, material misrepresentation, illegal conversion, unlawful sale or lease to circumvent laws, default on payments, neglect or abandonment, and if the land is found exempt or part of the retained area.
Penalties may include cancellation of EP/CLOA, forfeiture of amortization payments, ejectment of ARB, reallocation of land to qualified beneficiaries, perpetual disqualification as ARB, and reimbursements related to cancellation.
They apply from the issuance up to the tenth year, particularly while the ARB still has unpaid obligations; after full amortization payment under P.D. No. 27 or E.O. No. 228, ownership may be transferred.