Question & AnswerQ&A (Administrative Order No. 05)
The constitutional basis is Section 4, Article XIII of the 1987 Philippine Constitution, which provides the right of farmers and regular farmworkers who are landless to own, directly or collectively, the lands they till or to receive a just share of the fruits thereof.
The Department of Agrarian Reform (DAR) has the legal mandate and authority to implement CARP, as reiterated under Executive Order No. 129-A and Republic Act No. 6657, as amended.
Its primary goal is to expedite the land acquisition and distribution (LAD) process of all remaining agricultural lands with pending proceedings or cases under the CARP to ensure the installation of agrarian reform beneficiaries (ARBs).
No, the filing of such petitions does not stop the continuation or completion of the LAD process, including the installation of ARBs, unless suspended by the Secretary of DAR or by the Supreme Court through a Cease and Desist Order, Status Quo Order, Temporary Restraining Order, or Preliminary Injunction.
Applications for conversion involving agricultural lands under pending acquisition proceedings are immediately denied to give way to the LAD process, unless there is a final order of conversion.
The DAR must immediately proceed with the LAD process up to the installation of ARBs despite any appeal to the Office of the President or courts, unless suspended by the Secretary, the Office of the President, or the Supreme Court.
The Provincial Agrarian Reform Program Officer (PARPO) is responsible for identifying, validating, and determining the status of all agricultural landholdings and pending proceedings.
The PARPO can issue a Writ of Installation and, if necessary, call for assistance from the Philippine National Police (PNP) and/or Armed Forces of the Philippines (AFP) to ensure ARBs are in full physical possession and control of the land.
The Order takes effect ten (10) days after its publication in two newspapers of general circulation and it applies retroactively.
Such a judicial pronouncement shall have no effect on the validity of the other provisions not affected by the judgment, preserving the rest of the Order.