Amendment to DAR AO No. 5 on Land Acquisition Process

Section 30 of Republic Act No. 9700 allows the execution of any case pending on 30 June 2014 even after 30 June 2014.
When execution becomes executory and results in coverage under the Comprehensive Agrarian Reform Program (CARP), DAR may acquire the land from the landowner and distribute it to qualified beneficiaries even beyond 30 June 2014.
The cancellation of the landowner’s title in favor of the Republic of the Philippines and the deposit of the landowner’s just compensation by the Land Bank of the Philippines constitute the actual execution act described in the administrative order’s policy framework.
DAR and other CARP implementing agencies are allowed to perform preliminary acts short of cancellation and deposit, including screening beneficiaries, conducting land surveys, and calculating just compensation, before the case becomes executory.

The amendment establishes that preliminary CARP processing may proceed once a decision becomes the basis for a directive to proceed, even when execution occurs after 30 June 2014.
The amendment prevents confusion over the timing of coverage-related processing by replacing the term “Notice of Coverage” with “Notice to Proceed” for the relevant preliminary processing stage.
The amendment clarifies that beneficiary nomination, retention action, and submission of tenant/farm worker lists are procedural acts connected to pending appealed issues in the Office of the President (OP) without prejudicing the landowner’s legal position in the pending appeal.

The PARPO must issue a Notice to Proceed upon receipt of the directive to proceed with the preliminary processing.
The Notice to Proceed must be issued in the same manner and to the same persons as a Notice of Coverage under the amended framework.
The Notice to Proceed must inform the landowner that DAR shall proceed with preliminary processing of the acquisition of the subject land until issuance of the Memorandum of Valuation with the attached Land Valuation Worksheet by the LBP.
The Notice to Proceed must further state that DAR shall proceed thereafter should the Office of the President affirm the decision of the Office of the Secretary in its decision to revoke the Exemption/Exclusion or Conversion Order.
The Notice to Proceed must state the applicable periods for: (a) LO to file a protest on coverage, (b) nomination of preferred beneficiary/ies, (c) manifestation for exemption/exclusion, and (d) manifestation to exercise the right of retention, and it must require submission of a duly attested list of agricultural lessees, farm workers, and/or tenants.
The Notice to Proceed must state in bold letters that the landowner’s acts of (i) nominating preferred beneficiaries, (ii) exercising the right of retention, and (iii) submitting lists of tenants and farm workers shall not prejudice the landowner’s legal position in the pending appealed case in the OP.

The landowner (LO) must complete specified actions within a non-extendible period of thirty (30) days from receipt of the Notice to Proceed.
Within the 30-day period, the LO must file a Protest against coverage before the PARPO, and the protest must contain its substantial bases.
Within the 30-day period, the LO must nominate child/ren who may qualify as preferred beneficiary/res.
Within the 30-day period, the LO must file a Manifestation for Exemption or Exclusion from CARP coverage before the PARPO.
Within the 30-day period, the LO must file a Manifestation to Exercise the Right of Retention before the PARO.
Failure to file any of the foregoing within the 30-day period constitutes a waiver by the LO of the right to: (a) protest coverage, (b) nominate child/ren as preferred beneficiary/ies, (c) file a petition for exemption or exclusion from CARP coverage, and/or (d) exercise the right of retention.
All protests, nominations, and manifestations/petitions made after the 30-day period are no longer accepted.

The Application/Petition for Exemption or Exclusion from CARP coverage may be filed together with the Manifestation actions described under the same process framework.
If not filed jointly, the LO may file the Application/Petition for Exemption or Exclusion, together with documents required by the exemption/exclusion rules, within sixty (60) days from receipt of the Notice to Proceed.
Non-submission of the application/petition within the 60-day period constitutes a waiver or abandonment of the LO’s right to file the petition for exemption or exclusion with respect to the landholding covered.

The LO may choose a retention area at the same time as the LO manifests the desire to exercise the right of retention.
If the retention area is not chosen at the time of the retention manifestation, the LO may choose the retention area within a non-extendible period of fifteen (15) days after manifesting the desire to exercise the right.
The LO’s acts of nominating preferred beneficiaries, exercising retention, and submitting tenant/farm worker lists are understood as acts contingent on the final decision regarding revocation of the exemption/exclusion or conversion order.

The protest to coverage, nomination of preferred beneficiary/ies, and manifestation to exercise retention are contingent upon the final decision on the revocation issue regarding the Exemption/Exclusion or Conversion Order.
These acts are not prejudicial to the landowner’s position in the pending appealed case in the OP.
The landowner’s acts described under the Notice to Proceed—including nomination, retention, and tenant/farm worker list submission—must be treated as non-prejudicial to the legal position in the pending appeal.

The amendment repeals or modifies all orders, circulars, rules and regulations, and issuances or portions thereof inconsistent with the administrative order.
If any provision is declared unconstitutional by a judicial pronouncement, the invalidated provision has no effect on the validity of other provisions not affected.
The order becomes effective ten (10) days after publication in two (2) newspapers of general circulation.