Title
Rules on excluding cattle-raising lands from CARP
Law
Dar Administrative Order No. 01, S. 2004
Decision Date
Aug 16, 2004
DAR Administrative Order No. 01, S. 2004 establishes regulations for the exclusion of private agricultural lands used for cattle raising from the Comprehensive Agrarian Reform Program, ensuring that only lands actively utilized for this purpose prior to June 15, 1988 can be exempted, while protecting the rights of agrarian reform beneficiaries against unlawful ejectment.
A

Definitions

  • Agricultural Lands: Lands directly used for cattle raising, as defined by specific stock ratios.
  • Farmworker: Individuals employed in cattle raising, including those affected by agrarian disputes.
  • Infrastructure: Facilities necessary for cattle raising, such as breeding houses and corrals.
  • Animal Unit (A.U.) and Animal Unit Equivalent (AUE): Metrics to measure livestock forage requirements.
  • Carrying Capacity and Stocking Rate: Terms defining sustainable grazing limits and management decisions.
  • Terrain and Slope: Classifications affecting grazing capacity (e.g., flat, rolling, steep).
  • Types of Cattle and Operations: Definitions of cattle classes (bull, cow, calf, etc.) and raising systems (ranching, feedlot, breeder farm).
  • Grazing Management: Methods such as open grazing, rotational grazing, and zero grazing.
  • Forage and Pasture Types: Distinction between improved and native pastures.

Policies on Exclusion

  • Exclusion granted only for lands used exclusively for cattle raising prior to June 15, 1988, and continuously used.
  • Conversion to cattle raising after this date to avoid CARP coverage is prohibited and invalid.
  • Displaced farmers, farmworkers, or occupants shall receive disturbance compensation.
  • Public notice via billboards and postings is mandatory for all applications.
  • Only land areas used for grazing and necessary infrastructure are excluded; other agricultural lands revert to CARP.
  • Oppositions to exclusion applications may be filed by affected parties.
  • Application must be timely and fully documented to be accepted.

Land and Documentary Requirements

  • Land use must meet specific stocking rate criteria based on terrain: 1.0 AU/ha for nearly flat, 0.5 AU/ha for rolling terrain.
  • Applicants must submit notarized application forms, proof of ownership or authorization, titles or certifications of land status, maps, infrastructure details, certifications of cattle ownership, tax returns, and other supporting evidence proving use for cattle raising before June 15, 1988.
  • An inspection fee of Php 5,000 applies per application.

Application Procedures

  • Applications filed with regional or central offices depending on land size.
  • Applicants must post public notices at the property and in local barangays.
  • Verification and preliminary inspections are conducted by local agrarian offices.
  • Meetings with affected farmers, farmworkers, or occupants are held to inform and ascertain consent or objections.
  • Ocular inspection confirms land use, cattle inventory, and affected parties.
  • Computation of excluded area includes grazing and infrastructure.
  • Applications are reviewed and recommendations prepared for approval.

Approval and Transmittal

  • Decision on applications made within 30 calendar days, extendable if protests are filed or for meritorious reasons.

Disturbance Compensation

  • Landowners must pay compensation to displaced parties either in cash, in kind, or a combination.
  • Terms must be fair and approved by the Department of Agrarian Reform (DAR).
  • Disputes on compensation are resolved by Provincial Agrarian Reform Adjudicator, with eviction prohibited pending resolution.

Protests, Motions for Reconsideration, and Appeals

  • Protests filed within 30 days of public posting or 15 days from inspection.
  • Protests undergo review, investigation, and hearing before recommendations are submitted to the approving authority.
  • Motions for reconsideration filed within 15 days; only one allowed per case.
  • Appeals can be made from decisions of Regional Directors to the DAR Secretary, and further to the Office of the President or Court of Appeals.
  • Appeals stay execution of orders unless overridden by higher authority.

Finality of Orders

  • Exclusion or denial orders become final after 15 calendar days unless a motion or appeal is filed.

Revocation or Cancellation

  • Exclusion orders may be revoked within 90 days upon discovery of misrepresentation, serious violations, or other substantial grounds.
  • Process includes comment, inspection, hearing, decision within 30 days, and notification.
  • Revoked lands revert to CARP coverage immediately.

Permanent Exclusion Conditions

  • Lands with exclusion orders remain excluded if continuously used for cattle raising.
  • Stocking Rate must not fall below prescribed standards for specified periods.
  • Landowners must submit annual compliance reports under oath.

Penalties and Sanctions

  • Violations lead to penalties under Section 74 of R.A. 6657 and other laws.
  • Responsible corporate officers may be held criminally liable.

Transitory and Final Provisions

  • The rules apply to applications filed after effectivity.
  • Inconsistent prior issuances are amended or repealed.
  • The order takes effect 10 days after publication in national newspapers.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.