Title
Guidelines on VLT/DPS for Agrarian Reform Lands
Law
Dar Administrative Order No. 08, S. 2003
Decision Date
Dec 23, 2003
Guidelines establish a framework for landowners to voluntarily transfer agricultural lands to agrarian reform beneficiaries through a direct payment scheme, ensuring fair terms and efficient processing under the Comprehensive Agrarian Reform Program.
A

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.

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