Policy Framework and Eligibility
- Agrarian Reform Beneficiaries (ARBs) eligible under VLT/DPS must be the same as those qualified under compulsory acquisition or voluntary offer to sell.
- Children of landowners (LOs) may enter VLT/DPS agreements only if tenants prior to June 15, 1988.
- Priority in processing Certificate of Land Ownership Award (CLOA) for ARBs opting VLT/DPS.
- Land distributed directly to individual ARBs or collectively via cooperatives if division is unfeasible.
- Terms must not be less favorable than government purchase offers, including interest which is capped at 6% per annum.
- Direct payment terms are mutually agreed and binding upon DAR approval.
- Immediate transfer of possession and ownership to ARBs with LO’s reasonable time to harvest crops.
- Tax delinquencies of LO must be settled before registration; arrangements for payment with ARB and Municipal Treasurer allowed.
- Grace period for ARBs defaulting on payments due to force majeure; penalties apply otherwise.
- Payments by ARBs must be receipted; refusal by LO empowers ARB to deposit payments with Land Bank of the Philippines (LBP).
- Transfers within ten years restricted except for hereditary succession, government, LBP, or qualified beneficiaries.
- VLT/DPS agreements to be explained in the local dialect.
- Land mortgaged to banks or individuals excluded from VLT/DPS.
- Disputes unresolved within six months lead to compulsory acquisition.
- Landowner retention limits apply; waiver possible to subject land to CARP coverage.
Documentary Requirements
- For titled lands: certified copies of titles, tax declarations, approved plans, tax clearances, certificates from Register of Deeds and LBP.
- For untitled lands: certifications from CENRO, survey plans, acquisition instruments, tax office certifications, court certifications, and LRA certification.
Operating Procedures
- Application initiated by LO and ARB submitting required forms and documents to DAR Municipal Office (DARMO).
- Screening includes posting preliminary ARBs list for 15 days with field investigations confirming eligibility and land values.
- Signing of VLT/DPS Agreement facilitated with meetings explaining terms, with mediation if disagreements arise.
- DAR Provincial Office (DARPO) mediates disputes within six months.
- Review and approval by DAR Regional Office (DARRO) within 30 days; presumed approval if no notice of disapproval.
- Upon approval, executed Deed of Voluntary Land Transfer (DVLT) registered with appropriate annotations and issuance of CLOAs.
- Distribution of CLOAs coordinated by DARMO with assistance in securing tax declarations.
Monitoring and Reporting
- Annual field inspections by DARMO and Barangay Agrarian Reform Committee (BARC) to ensure compliance.
- Issues such as possession transfer, cultivation, compliance with terms, and alienation restrictions are monitored.
- DARPO reviews unresolved issues, prepares consolidated reports, and furnishes reports to higher authorities.
- Internal Audit Service conducts annual compliance audits, submitting consolidated reports for the Secretary's action.
- Quarterly reporting of landholdings under VLT/DPS prepared by DARMO and DARPO and consolidated by DARRO and DARCO.
Sanctions and Penalties
- ARBs defaulting on payments without valid reasons face permanent disqualification from CARP, cancellation of CLOA, and forfeiture of payments.
- Landowners obstructing CARP face penalties under R.A. No. 6657 and disqualification from VLT/DPS application; land subject to compulsory acquisition.
- Administrative sanctions imposed on DAR personnel who willfully or negligently bypass rules, including potential criminal and civil liabilities.
Final Provisions
- Pending VLT/DPS cases at the time of effectivity continue under previous administrative rules; new cases governed by current guidelines.
- Repeals all inconsistent orders, circulars, rules, and regulations.
- Takes effect ten days after publication in newspapers of general circulation.