Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 04, S. 2008)
Its purpose is to provide supplemental guidelines to DAR Administrative Order No. 7, Series of 2003, specifically to address concerns and facilitate the identification, screening, selection, and distribution of private agricultural lands to agrarian reform beneficiaries (ARBs), especially in sugarlands and plantation farms, under Republic Act No. 6657 (Comprehensive Agrarian Reform Law).
Qualified beneficiaries enumerated under Section 22 of R.A. No. 6657 residing in the barangay/municipality as established by law, documented as tenants or farmworkers of the landholding as of June 15, 1988, whether or not they have expressed interest.
Leasehold contracts, payrolls, Social Security System records, records of illegal dismissal cases at DOLE or NLRC, pay slips, sworn affidavits from farm administrators/managers/overseers or local officials, and other sources with probative value.
They shall no longer be included in the list. Existing documentary evidence at the DAR municipal office shall be used to assess their qualifications, and any dispute could be treated as an Agrarian Law Implementation (ALI) case.
Their refusal is considered a waiver of their rights to become an ARB, leading to disqualification and delisting. The beneficiary screening committee will then select replacement qualified ARBs.
The Beneficiary Screening Committee or municipal agrarian reform officer shall determine the harassment, attempt resolving the issue, encourage signing the APFU, and advise nominating qualified immediate farm household members as replacements. If refusal persists, a notice is sent indicating waiver after 30 days.
The DAR may file appropriate actions before the Department of Agrarian Reform Adjudication Board (DARAB) against the uncooperative tenant/farmworker.
The beneficiary must have willingness, aptitude, and ability to cultivate and make the land productive as possible.
They may face immediate filing of proper administrative and/or criminal actions pursuant to Sections 73 and 74 of R.A. No. 6657 and other applicable laws.