Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 01)
The Notice of Coverage (NOC) initiates the compulsory acquisition of private agricultural lands coverable under the Comprehensive Agrarian Reform Program (CARP), ensuring due process and addressing landowner resistance.
The Municipal Agrarian Reform Officer (MARO) is responsible for preparing the NOC after the Pre-Ocular Inspection Report is accomplished.
Any person may commence the proceedings by filing a petition for coverage before the DAR Regional Office or Provincial Office where the landholding is located.
The MARO must post copies of the NOC for at least seven (7) days on the bulletin boards of the barangay hall and municipal/city hall where the property is located.
The modes of service include: personal service to the landowner, substituted service by leaving the NOC at the residence or office, and service by publication if personal or substituted service is not practicable.
Service may be made by publication in a newspaper of general circulation in the relevant places and for the time the DAR may order.
The MARO must issue and personally serve copies of the NOC to each landowner. If any co-landowners reside outside the municipality but within the Philippines, the NOC is endorsed to the MARO of that locality for personal service.
The publication must include: complete names of landowners, location of the landholding, OCT/TCT or latest Tax Declaration number, declaration of coverage under CARP, case number, a reasonable period of at least 60 days for response, and office addresses holding case records.
Service shall be made personally to the landowner and their legal guardian, guardian ad litem, or, in case of a minor, also upon the father and/or mother.
The landowner’s voluntary appearance in the action is considered equivalent to service of the Notice of Coverage.
The PARO shall send a Notice of Land Valuation & Acquisition (NLVA) to the landowner following the same service procedures and require the landowner to submit documents required for payment of claims using CARP Form No. 10.
Proof must be in writing, stating manner, place, date of service, papers served, and the person who received them, and must be sworn to if made by a person other than the MARO.
The Order takes effect ten (10) days after its publication in two national newspapers of general circulation as per Section 49 of RA 6657.
This Order amends and repeals inconsistent provisions of DAR Administrative Order No. 2, Series of 1996, Administrative Order No. 1, Series of 1998, and any other conflicting orders or circulars.
The MARO endorses the NOC to the MARO exercising jurisdiction over the landowner’s place of residence for personal service.