Rules on excluding cattle-raising lands from CARP

Authority, purpose, and controlling policy

The Order is issued by the Department of Agrarian Reform (DAR) to implement rules on excluding cattle-raising lands from CARP.
The exclusion of private agricultural lands devoted to cattle raising must be governed by the Order’s policy rules (Section 3).
The Order is designed to prevent circumvention of CARP through unauthorized change or conversion and fraudulent declarations of lands actually, exclusively, and directly used for cattle raising.
The Order protects the rights of agronarian reform beneficiaries (ARBs) against possible unlawful ejectment linked to exclusion applications.
Exclusion is treated as a controlled exception: it is granted only on proof of qualifying cattle-raising use before 15 June 1988 and continued use up to the time of application (Section 3.2).

Coverage and exclusions by date and use

The Order covers all applications for exclusion from CARP coverage of private agricultural lands or portions thereof actually, exclusively, and directly used for cattle raising as of 15 June 1988 (Section 1).
Private agricultural lands (or portions) are excluded from CARP coverage only if they are actually, exclusively, and directly used for cattle raising as of 15 June 1988 (Section 3.1).
Exclusion is granted only upon proof that the land was devoted to cattle production prior to 15 June 1988 and was continuously utilized or devoted for such purpose up to the time of application for exclusion (Section 3.2).
Only the grazing area within the farm and the portions required for infrastructure necessary for cattle raising are considered for exclusion (Section 3.6).
Any other areas within the farm that are not used and necessary for grazing/pasture or other cattle-related activities but are suitable for crop production automatically revert to agricultural land and are covered under CARP through Compulsory Acquisition (CA) (Section 3.6).
Exclusion applications filed as a response to a Notice of CARP Coverage are denied if filed sixty (60) days after the landowner’s receipt of the Notice, pursuant to DAR A.O. No. 01, Series of 2003 (Section 3.10).

Definitions for livestock and land

Agricultural Lands for purposes of the Order refer to lands actually, exclusively, and directly used for cattle raising based on ratios under Art. II, Section 4, Item 4.1 (Section 2.1).
A Farmworker is a natural person who renders service for value as an employee or laborer in an agricultural enterprise/farm devoted to cattle raising, including a person whose work ceased due to or in connection with a pending agrarian dispute and who has not obtained substantially equivalent and regular farm employment (Section 2.2).
Infrastructure covers cattle-related buildings/structures and facilities such as poultry houses, breeding houses, feeding troughs, furrowing pens, calving houses, feed storage, corrals, dikes, embankments, gates, paved lot, electrical installations, and other physical facilities, equipment, and improvements (Section 2.3).
Animal Unit (A.U.) expresses daily animal demand/potential intake of dry matter (DM) and standardizes grazing description among species (Section 2.4).
Animal Unit Equivalent (AUE) expresses forage demand rates of classes of cattle as fractions of one (1) animal unit, with values including Bulls 1.2, Cows 1.0, 2–3 Year old cattle 0.75, 1–2 year old cattle 0.5, and Calves (<1 year old) 0.25 (Section 2.5).
Carrying Capacity (CC) is the maximum stocking rate achieving a target level of animal performance over time without ecosystem deterioration (Section 2.6).
Stocking Rate (SR) is the relationship between number of animals and grazing land, reflecting a management decision for a particular period with respect to seasonal conditions (Section 2.7).
Terrain is categorized by definitions of Terrain, Undulating, Steep, and Slope, including the slope formula Slope = h/d x 100 and the categorical slope percentage ranges (Section 2.8–2.11).
The Order defines cattle types and raising operations, including Bull, Calf, Cattle, Cow, Heifer, Herd, Steer, Weanling/Weaner, Yearling, and operational systems such as Breeder Farm Operation, Cow-Calf Breeding/Operation, Feeder Stock, Feedlot, Feedlot Operation (Intensive System), Growing-Fattening Operation, Ranching Operation (Extensive System) (Section 2.12–2.28).
Grazing management and forage/pasture categories are defined, including Open Grazing, Grazing, Grazing or Pasture Areas, Rotational Grazing, Soiling or Zero Grazing, Forage, Herbage, Improved Pastures, Native Pasture (Section 2.29–2.37).

Requirements and allowable exclusion computations

Areas qualified for exclusion are determined using land-to-cattle ratios based on Stocking Rate (SR) and topography (Section 4.1).
The required Stocking Rate (SR), expressed as animal unit per hectare (AU/ha), is case-specific per individual farm and is based on topography using the stated SR criteria (Section 4.1.1).
For nearly flat or level to gently sloping lands, where >50% of the entire area is nearly flat/level to gently sloping with slopes ranging from 3% to 8%, the SR is 1.0 AU/ha (Section 4.1.1.1).
For gently sloping to undulating/rolling slopes, where >50% of the area has slopes ranging from 8% to 18%, the SR is 0.5 AU/ha (Section 4.1.1.1).
The land/area requirement for infrastructure or production facilities for cattle raising is computed using minimum space requirements per cattle type, age, and weight classification specified in LVSTK EXC Annex “C” (Section 4.1.2).
Applicants must file a complete set of documentary requirements for exclusion (Section 3.11 and Section 4.2).

Documentary requirements for applicants

Applicants must submit a duly accomplished application form for exclusion subscribed and sworn to before a Notary Public (LVSTK EXC Form No. 1) (Section 4.2.1).
Applicants who are not registered owners must submit a Special Power of Attorney (SPA) or Affidavit of Ownership (Section 4.2.2).
Corporations/cooperatives/juridical entities must submit a notarized Corporate/Cooperative Secretary’s Certificate or Corporate/Cooperative Board Resolution authorizing the representative to file the sworn CARP exclusion application (Section 4.2.3).
Applicants must submit true copies of Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) certified by the Register of Deeds (ROD) issued not earlier than or within one (1) year prior to filing (Section 4.2.4).
For untitled private agricultural lands, applicants must submit DENR–CENRO certification for administrative confirmation of imperfect title, or Clerk of Court certification for judicial confirmation of imperfect title, showing that the titling process has commenced and there are no adverse claimants (Section 4.2.4).
Applicants must submit Vicinity Map, Topography Map, and Sketch Plan (Lot Plan) prepared by a duly Licensed Geodetic Engineer indicating the lots and their technical description (Section 4.2.5).
Applicants must submit a sketch plan of the area and a list of improvements and other facilities with description of nature of improvements and date constructed (Section 4.2.6).
Applicants must submit MARO certification on ownership status, type and area of land, presence of farmers/lessees/share tenants/occupants, and posting of the required billboard announcement (LVSTK EXC Form No. 4) (Section 4.2.7).
Applicants must submit a Certificate of Ownership of large animals from the municipality indicating the average number of cattle during the last four (4) years prior to filing (Section 4.2.8).
Applicants must submit copies of Cattle Registration for the current cattle stocks based on actual head count as of filing (Section 4.2.9).
Applicants must submit true copies of Individual Income Tax Returns (BIR Form No. 1701-A) or Corporate Income Tax Returns (BIR Form No. 17020) for at least four (4) years prior to filing, certified by the Bureau of Internal Revenue (BIR) (Section 4.2.10).
Applicants must submit other supporting documents/evidence proving cattle-raising use on or before 15 June 1988 or logically connected/supportive of asserted land use (Section 4.2.11).
Examples of supporting evidence expressly include Tax Declaration covering 1987 to the year prior to application certified by the Municipal Assessor’s Office, recent 5R photographs, business permit covering calendar years 1987 to present, audited financial statement, and other probative evidence including affidavits, loan documents using the farm as collateral, accreditation/permit to import live bovine animals from BAI-DA, and membership certificates/indorsements from registered organizations such as FCRAP or CFAP (Section 4.2.11.1–4.2.11.5).
An inspection cost of PHP 5,000.00 is required from the landowner/applicant regardless of the area and location of the landholding applied for exclusion (Section 4.3).

Filing, notices, and ocular inspection mechanics

The landowner/applicant must secure the application form (LVSTK EXC Form No. 1) from RCLUPPI or CLUPPI and file the notarized application and documentary requirements (Section 5.1).
Applications involving lands with area ≤ five (5) hectares are handled by RCLUPPI at the DAR Regional Office, with the Regional Director as approving authority (Section 5.1.1).
Applications involving lands with area > five (5) hectares are handled by CLUPPI at DAR Central Office, with the Secretary as approving authority and authority may be delegated to any Undersecretary (Section 5.1.2).
The RCLUPPI/CLUPPI Secretariat requires the applicant to submit three (3) sets for RCLUPPI (one original and two photocopied sets) and four (4) sets for CLUPPI (one original and three photocopied sets) and to organize folders pursuant to Section 4.2 (Section 5.2.3).
Applicants must post a billboard notice at the landholding(s) using strong/weather-resistant materials measuring 1.22 meters by 2.44 meters (or 4 feet by 8 feet), with one (1) billboard for every twenty (20) hectares (Section 5.2.4.1).
Applicants must also post a notice in the respective barangay halls of the barangays where the landholding(s) is/are located using LVSTK EXC Form No. 2 (Section 5.2.4.2).
The billboard and barangay notice must be readable, in the local dialect, and must contain: announcement of exclusion application for pasture/livestock raising; complete names of landowner(s) and applicant(s); total area and exact location of the proposal; date of filing; protest deadlines under Article IV, Section 9, Item 9.1; addresses of DAR offices where protests may be filed; address of approving authority; and blank lines for date of ocular inspection (OCI) (to be filled by MARO but not later than seven (7) days before inspection) and date of approval/denial (to be filled by MARO after approval/denial) (Section 5.2.4).
Applicants must furnish DAR Municipal Office (DARMO) an advance photocopy of application and key maps/plans for reference during preliminary OCI (Section 5.2.5).
DARMO verifies ownership/legal status/type/area, presence of affected persons, and verifies billboard posting using BARC or the Barangay Council substitute, and inspects the billboard and notice (Section 5.3.1–5.3.2).
DARMO must issue a MARO certification (LVSTK EXC Form No. 4) signed by the MARO within five (5) days after verification, making the original available for inclusion in exclusion folders; a photocopy of the notice must be attached to the certification (Section 5.3.3).
Applicants must include the MARO certification in the proper number of folders and submit to RCLUPPI or CLUPPI (Section 5.4).
Upon receipt, RCLUPPI/CLUPPI records applications in a logbook; the acceptance date becomes the filing date (Section 6.1.1).
RCLUPPI/CLUPPI reviews folders for correctness and completeness; if complete, the applicant is required to pay the inspection cost and submit missing documents if incomplete (Section 6.1.3).
After direct filing at RCLUPPI, a Notice to Conduct Ocular Inspection (LVSTK EXC Form No. 5) is scheduled within five (5) days from filing date, copy-furnished DARMO (Section 6.2.1).
DARMO delivers invitation letters/notices of meeting (LVSTK EXC Form No. 6) through personal service at least five (5) days before OCI; proof of service (LVSTK EXC Form No. 7) is filed for record, and if recipients refuse, DARMO records refusal for record purposes (Section 6.2.2).
During the meeting with farmers/farmworkers/occupants, DAR conducts local-dialect explanation of salient features; interviews affected persons to ensure awareness/consent (including signed waivers) and to determine qualification for disturbance compensation; assists those who qualify; and requires presence at the site during OCI (Section 6.2.3.1–6.2.3.4).
DAR records minutes of the meeting using LVSTK EXC Form No. 8 (Section 6.2.4).
OCI is conducted on the scheduled date with assistance of DARMO, DARPO, the LO/applicant or representative, and farmers/farmworkers/occupants; OCI confirms whether the land was devoted to cattle raising as of 15 June 1988, identifies affected persons, and gathers other relevant information (Section 6.2.5.1–6.2.5.3).
The RCLUPPI inspection team may request assistance of the Provincial/Regional Livestock Inspector to ascertain actual land/use (including pasture/grazing area and existing infrastructure) and existence/number of cattle by type (Section 6.2.5.4–6.2.5.5).
The inspection team computes the total area to be excluded (for pasture/grazing and necessary infrastructure) and attaches computation to the OCI report using sample computations in LVSTK EXC Annexes “B” and “C” (Section 6.2.6).
The OCI report is prepared using LVSTK EXC Form No. 3 and submitted with MARO certification and minutes of meeting as inputs to RCLUPPI committee deliberations (Section 6.2.7).
Where exclusion is filed at CLUPPI, CLUPPI issues a memorandum directing RCLUPPI to schedule meeting and OCI; RCLUPPI organizes a three-member special inspection team and schedules meeting and OCI consistent with the procedures in Section 6.2.1–6.2.6; the RCLUPPI submits OCI report to the RCLUPPI Chair for transmittal/endorsement; CLUPPI Secretariat records in a logbook for committee deliberations (Section 6.3.1–6.3.5).
RCLUPPI/CLUPPI committee members assess merits and may call parties for clarificatory questioning if disputes arise, ensuring the land meets all conditions under Article II, Section 4; they prepare draft order and forward folder with OCI report and recommendations to the final disposition authority (Section 6.4.1–6.4.3).

Approval timelines and outcomes

The Regional Director and the DAR Secretary (or authorized Undersecretary) approve or disapprove the application within thirty (30) calendar days from receipt of the exclusion folder (Section 7).
The thirty (30) day reglementary period may be extended upon due notice to concerned parties if a protest is filed or in meritorious cases when additional time is needed for evaluation (Section 7).

Disturbance compensation obligations

Before issuance or release of the exclusion order, the DAR requires observance of disturbance compensation rules for qualified and displaced persons resulting from exclusion (Section 8).
The LO/applicant must pay disturbance compensation in cash or in kind, or a combination, to qualified displaced farmers, farmworkers, agricultural lessees, share tenants, actual tillers, and/or occupants, in amounts/terms mutually agreed, provided the amount is not disadvantageous to the affected persons (Section 8.1).
Compensation in kind may include housing, homelots, employment, and/or other benefits (Section 8.1).
The DAR approves the terms of any agreement for disturbance compensation and monitors compliance.
Compliance with the compensation agreement cannot extend beyond sixty (60) days from the date of approval of the application for exclusion (Section 8.2).
If parties fail to agree on compensation amount or raise prejudicial issues that justify non-payment, either party may refer the issue to the Provincial Agrarian Reform Adjudicator (PARAD).
While the PARAD case is pending, landowners/applicants must not evict affected farmers/tenants/occupants until the adjudicator resolves the prejudicial issue(s) with finality (Section 8.3).
The LO/applicant must furnish RCLUPPI/CLUPPI proof of payment within five (5) days from receipt of payment by the affected persons (Section 8.4).

Protest, reconsideration, and appeals

Any person displaced or directly affected may file a written protest against exclusion within thirty (30) days from posting of the requisite billboards, or within fifteen (15) days from conduct of OCI—whichever comes later (Section 9.1).
RCLUPPI/CLUPPI must receive and record protests, review validity, and either dismiss with notice or order the concerned parties to file comment/reply/rejoinder and other pleadings (Section 9.2.1–9.2.3).
If pleadings warrant, RCLUPPI/CLUPPI conduct investigations with DARPO and prepare an investigation report (Section 9.2.4).
RCLUPPI/CLUPPI schedule hearings and send notices; PARO and MARO may participate in clarificatory questioning; the hearing must take place not later than thirty (30) days from receipt of the protest(s) (Section 9.2.5).
RCLUPPI/CLUPPI conducts summary administrative proceedings where parties present evidence, then prepares and submits report with recommendations and pertinent documents to the RD or DAR Secretary for resolution (Section 9.2.6–9.2.7).
The receiving officer of the DARRO or DARCO records the report and forwards it to the RD or DAR Secretary (Section 9.3).
The RD or DAR Secretary must resolve the protest within thirty (30) days from receipt of the RCLUPPI/CLUPPI report and inform parties through RCLUPPI/CLUPPI, copied to DARRO/DARPO/DARMO (Section 9.4.1).
The RD/DAR Secretary directs RCLUPPI/CLUPPI to prepare the order approving or disapproving the application consistent with Section 6.4.2 (Section 9.4.2).

Motion for reconsideration (MR)

A party may file only one (1) motion for reconsideration on the decision/resolution/final order of the RD or DAR Secretary (Section 10).
The MR must be filed within a non-extendible period of fifteen (15) calendar days from receipt of the contested decision/resolution/final order (Section 10).
A timely MR stays execution of the contested decision/resolution/final order (Section 10).
If MR is denied at the RD level, the movant may appeal to the Secretary only within the remainder of the same non-extendible fifteen (15) day period; if MR is granted and reversal results, appeal to the Secretary must be filed within a full but non-extendible fifteen (15) day period from receipt of the reversed resolution (Section 10.1).
If MR is denied at the Office of the Secretary level, appeal to the Office of the President (OP) must be filed within fifteen (15) calendar days from receipt of the resolution denying MR (Section 10.2).

Appeals

Only aggrieved parties (applicants or protestors/oppositors) or their successors-in-interest may appeal the RD or DAR Secretary decision/resolution/final order within fifteen (15) days from receipt (Section 11.1).
The appellant must furnish copies of appeal pleadings to all parties and to RCLUPPI, Regional Director, CLUPPI and DAR Secretary, and may perfect appeal within a non-extendible fifteen (15) calendar days from receipt of the decision/resolution/final order (Section 11.1).
The OP appeal is governed by applicable OP rules once DAR loses jurisdiction by virtue of the OP appeal (Section 11.1).
Appeals are filed with the following approving authorities:
- RD decision → appeal to the DAR Secretary via filing a Notice of Appeal before the Office of the Regional Director or origin, furnishing copies to adverse parties, with payment of requisite appeal fees to the cashier of the Regional Office under existing DAR agrarian law implementation (ALI) rules (Section 11.2.1).
- Secretary decision → appeal to the Secretary’s-level route via filing a notice of appeal before the Bureau of Agrarian Legal Assistance (BALA) Director or directly at the OP, furnishing copies to adverse parties, with payment of requisite appeal fees to the cashier of either the DAR or OP (Section 11.2.2).
- Secretary decision → Secretary’s decision may be taken to the Court of Appeals by certiorari consistent with Section 54 of R.A. No. 6657 (Section 11.2.3).
For RD-to-Secretary appeals:
- The appellant submits an appeal brief with BALA within fifteen (15) days from perfection, furnishing copy to all parties and to RCLUPPI/Regional Director/CLUPPI/DAR Secretary or authorized Undersecretary (Section 11.3.1).
- The appellee may submit a comment within ten (10) days from receipt of the appeal brief, furnishing copy to appellant and the specified offices (Section 11.3.2).
- BALA issues a preliminary order stating either the need for clarificatory hearing and then allows ten (10) days after termination for simultaneous filing of appeal memoranda, or the pleadings are insufficient and simultaneous appeal memoranda must be filed within ten (10) days from receipt of order (Section 11.3.3).
- After sufficient pleadings, the BALA Director submits recommendation to the deciding authority (Section 11.3.4).
Execution pending appeal:
- RD appeals stay execution unless the Secretary directs execution pending appeal upon exceptional nature/circumstances under E.O. 292 (1987), Book VII, Chapter 4, Section 21 (Section 11.4.1).
- OP appeals stay execution unless the OP directs execution pending appeal under terms and conditions it deems just and reasonable under OP-AO-18 (1987) Section 4 (Section 11.4.2).

Finality and executory effect

The Order of Exclusion or Denial becomes final and executory after lapse of fifteen (15) calendar days from the date of receipt, provided no Motion for Reconsideration or Appeal has been filed.
The head of the Legal Division of the Regional Office or the BALA Director issues the appropriate certificate of finality (Section 12).

Revocation and permanent continuous exclusion

A petition to revoke/cancel an exclusion order may be filed by the RD/PARO/MARO or any party in interest before the RD or DAR Secretary within ninety (90) days from discovery of facts warranting revocation/cancellation (Section 13.1).
Grounds for revocation/cancellation include:
- misrepresentation or concealment of material facts to the grant of exclusion;
- serious violations of DAR rules and regulations and agrarian laws; or
- other substantial grounds deemed appropriate by DAR field officials (Section 13.1.1–13.1.3).
Upon filing, RD/DAR Secretary (or authorized Undersecretary) orders respondents to file comment within fifteen (15) days from receipt (Section 13.2.1).
RD/DAR Secretary conducts an ocular inspection and may invite witnesses for clarificatory questioning (Section 13.2.2).
RD/DAR Secretary must decide within