Law Summary

Prefatory Statement

• Legal Principle: This order amends Administrative Order No. 7, Series of 2011, which governs the acquisition and distribution of private agricultural lands under Republic Act No. 6657, as amended.
• Key Definitions:
  • Notice of Coverage (NOC): A mandatory requirement notifying landowners that their lands are covered under the Comprehensive Agrarian Reform Program (CARP).
• Important Requirements:
  • Issuance of NOC to landowners is essential to initiate compulsory land acquisition proceedings.
• Timeframes:
  • NOCs must be issued at least 180 days before the scheduled date of acquisition.
• Consequences: NOCs serve as a formal initiation of land acquisition processes.

Section 1: Amendment to Section 15 of A.O. No. 7, Series of 2011

• Legal Principle: Clarification on the issuance of NOCs when identifying the Registered Landowner (RLO).
• Key Definitions:
  • RLO: The individual listed in the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT).
• Important Requirements:
  • NOC issuance is based on the RLO indicated in the TCT/OCT.
  • In cases where the TCT/OCT is unavailable, alternatives include: • Photocopy of TCT/OCT in DAR’s possession prior to July 1, 2010. • Tax Declaration indicating landowner’s name. • Certification from the Register of Deeds stating the TCT/OCT is missing. • Public documents such as notarized deeds indicating land ownership.
• Timeframes: The ROD must provide a certified true copy within 30 days of request.
• Consequences: If discrepancies arise in ownership, all identified persons will receive NOCs, subject to resolution of ownership rights.

Section 2: Amendment to Section 16 of A.O. No. 7, Series of 2011

• Legal Principle: Guidelines for the service of NOC.
• Important Requirements:
  • In cases where the RLO's address is unknown or service fails, the Municipal Agrarian Reform Officer (MARO) must: • Report the situation to the Provincial Agrarian Reform Officer (PARO). • Ensure the NOC is sent to the Bureau of Land Tenure Improvement (BLTI) for publication.
• Consequences: Immediate publication of the NOC is required if served based on alternative documentation methods.

Section 3: Repealing Clause

• Legal Principle: Any conflicting A.O.s are repealed or modified to ensure consistency with this order.

Section 4: Separability Clause

• Legal Principle: If any provision of this order is declared unconstitutional, the remaining provisions remain valid.

Section 5: Effectivity Clause

• Legal Principle: The amendments take effect 10 days after publication in two newspapers of general circulation.

Key Takeaways

• The amendments clarify the process for issuing Notices of Coverage (NOCs) under the Comprehensive Agrarian Reform Program (CARP), specifically regarding the identification of landowners and the service of notices.
• NOCs are crucial for initiating land acquisition, requiring careful adherence to the specified timeframes and documentation requirements.
• The order emphasizes the importance of alternative documentation methods when original land titles are not available, ensuring that land acquisition processes can continue without undue delay.
• The provisions also safeguard the validity of the remaining regulations in case of any constitutional challenges.