Title
Amendment to AO No. 5 on CARP Implementation
Law
Dar Administrative Order No. 05
Decision Date
Jun 8, 2015
The amendment to Administrative Order No. 5, Series of 2014, allows the Department of Agrarian Reform to issue a "Notice to Proceed" for the acquisition and distribution of private agricultural lands covered by pending cases as of June 30, 2014, while establishing clear procedures and timelines for landowners to respond regarding their rights and obligations.
A

Section 30 of RA 9700 and Its Implications

  • Section 30 allowed the government to continue acquisition and distribution of private agricultural lands covered by Notices of Coverage (NOC) or cases pending as of June 30, 2014.
  • This section permits proceedings in both administrative/quasi-judicial cases and ongoing program coverage as of June 30, 2014.
  • The provision emphasizes completing all pending cases and proceedings beyond the expiration date.

Limitations on DAR's Authority Post-June 30, 2014

  • Lands not covered by a NOC, Voluntary Offer to Sell (VOS), or case before June 30, 2014, cannot be processed for LAD without new legislation.
  • DAR is authorized to issue NOCs for lands subject to cases as of the cutoff date but cannot initiate new LAD proceedings for previously uncovered lands.
  • The issuance of NOCs itself is not prohibited but limited in scope.

Amendment to Administrative Order No. 5, Series of 2014 – Notice to Proceed

  • The nomenclature "Notice of Coverage" under the 2014 order is changed to "Notice to Proceed."
  • Upon directive, the Provincial Agrarian Reform Program Officer (PARPO) must initiate issuing the Notice to Proceed to landowners.
  • The notice informs landowners about the continuation of preliminary processing until valuation and confirmation of revocation/exemption orders.
  • It specifies deadlines for protesting coverage, nominating beneficiaries, filing exemptions, exercising retention rights, and submitting tenant lists.
  • Emphasis is placed that these actions by landowners do not affect their pending appeals.

Procedures for Landowners Regarding Coverage and Exemptions

  • Landowners have a non-extendible 30-day period from receipt of the Notice to protest coverage, nominate preferred beneficiaries, file exemption manifestations, and exercise retention rights.
  • Applications or petitions for exemption or exclusion may be filed with the manifestation or within 60 days post-receipt of the Notice to Proceed.
  • Failure to meet these deadlines is considered a waiver or abandonment of the rights to file for exemption or exclusion.

Repealing and Separability Clauses

  • All orders, circulars, rules, regulations, and inconsistent issuances conflicting with this amendment are repealed or modified accordingly.
  • Any judicial ruling declaring any provision unconstitutional will not affect the validity of the other provisions not affected.

Effectivity Clause

  • The amendment takes effect ten (10) days after publication in two newspapers of general circulation.

Key Legal Concepts and Clarifications

  • Continuity of pending cases is preserved beyond legislative program timeout.
  • Issuance of notices enables procedural fairness and opportunity for landowner rights to be exercised.
  • Clear limitations on DAR’s authority ensure adherence to legislative intent and pending legal frameworks.
  • Timelines for various landowner responses streamline administrative processes while securing due process.
  • Amendments aim to avoid confusion and reinforce procedural clarity in agrarian reform implementation.

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