QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 02, S. 1994)
The Order cites Presidential Decree No. 27, Executive Order No. 228, and Republic Act No. 6657, along with jurisdiction and DAR authority provisions found in P.D. No. 946, E.O. No. 129-A, and related DARAB authority.
It has original and exclusive jurisdiction over matters involving annulment of decisions or lease contracts and cancellation of amendments of titles pertaining to agricultural lands under DAR/LBP administration and disposition, including cancellation of Emancipation Patents issued under P.D. 266 and other specified patents in settlement/resettlement areas under DAR.
Registered EPs/CLOAs may only be corrected or cancelled by order of the Provincial or Regional Adjudicator with jurisdiction over the property, in accordance with DARAB rules and procedures.
They apply from the time and date of issuance by DAR up to the tenth year, when the legal restriction on conveyance/alienation ends under Sec. 27, R.A. No. 6657; if the ARB has not fully paid obligations beyond the tenth year, the rules continue to apply.
Yes—ownership may be transferred after full payment of amortization by the ARB.
Any act causing substantial and unreasonable damage to the land, deteriorating/depleting soil fertility and improvements; it also includes knowingly planting, growing, raising, or permitting plants that are sources of dangerous drugs under P.D. No. 1683 as amended.
Willful failure of the ARB, together with the farm household, to cultivate/till/develop the land or use it for a specific economic purpose continuously for two calendar years.
Changing the land’s use from agricultural to non-agricultural purposes without the DAR clearance.
Examples include: misuse of financial/support services (Sec. 37, R.A. 6657); misuse of land (Sec. 22, R.A. 6657); material misrepresentation of basic qualifications (Sec. 22, R.A. 6657 / P.D. 27 / other agrarian laws); illegal conversion (cf. Sec. 73, R.A. 6657); sale/transfer/lease/conveyance to circumvent Sec. 73 and related laws; default in three consecutive amortizations (voluntary land transfer/direct payment scheme); failure to pay at least three annual amortizations to LBP (except force majeure); neglect/abandonment for two years; land found exempt/excluded; and other grounds circumventing agrarian laws.
Conveyance intended to circumvent Sec. 73 and related agrarian laws may be a ground for cancellation; however, if the land was acquired under P.D. No. 27/E.O. No. 228, ownership may be transferred only after full payment of amortization.
For voluntary land transfer/direct payment scheme: default in the obligation to pay an aggregate of three (3) consecutive amortizations (except fortuitous events/force majeure). For payment to LBP: failure to pay at least three (3) annual amortizations (except fortuitous events/force majeure).
It is determined by the Secretary of DAR or his authorized representative as a continuous failure to cultivate/till/develop/use for a specified economic purpose for two calendar years.
Non-identification of spouse, corrections of civil status, corrections of technical descriptions, and other matters related to agrarian reform.
Cancellation of registered EP/CLOA; reimbursement of lease rental as amortization to ARBs; forfeiture of amortizations; ejectment of ARB; reallocation to qualified beneficiary; perpetual disqualification to become an ARB; reimbursements of amortization payment and value of improvements; and other ancillary matters related to cancellation.
Implementation is governed by procedures adopted by the DAR Adjudication Board, including concepts of designating a nominal party and exhaustion of administrative remedies.
It takes effect ten (10) days after publication in two national newspapers of general circulation, pursuant to Section 49 of R.A. No. 6657.
All Orders, Circulars, Memoranda, and Rules and Regulations inconsistent with the Order are revoked, cancelled, or modified accordingly.