Amendment on DAR Order re: Land Acquisition

The policy framework is anchored on Executive Order (EO) 229, which provides that alienable and disposable lands suitable for agriculture and outside proclaimed settlements shall be distributed by DENR to qualified beneficiaries as certified jointly by DAR and DENR.
Joint DAR–DENR Administrative Order No. 02, s. of 1988 provides guidelines for implementing Section 15 of EO 229 and delineates DAR and DENR responsibilities on disposition and beneficiary identification.
Item 111.7 of DAR Administrative Order No. 02, s. of 2005 is amended regarding the coverage of landholdings issued patents under the “Handog Titulo” program.
The amended policy incorporates criteria tied to Republic Act (R.A.) No. 6657, R.A. No. 6940 (as amended by R.A. No. 9176), R.A. No. 9167, and R.A. No. 6657 retention and just compensation rules.

Section III.7 of DAR A.O. 2, s. of 2005 is amended to establish that untitled public A & D lands are within DENR’s jurisdiction pursuant to Commonwealth Act (C.A.) 141 (Public Land Act).
Subject lands are deemed “private” only when all requisites under R.A. No. 6940, as amended by R.A. No. 9176, are satisfied, using the following requisites:
- Continuous occupancy and cultivation by oneself or one’s predecessors-in-interest for at least thirty (30) years prior to the effectivity of R.A. No. 9176 on 4 December 2002 (i.e., 4 December 1972).
- The land must have been classified as alienable and disposable for at least thirty (30) years prior to the effectivity of R.A. No. 9176.
- Payment of the real estate tax.
- No adverse claims.
Landholdings covered by Free Patents are treated as the same type or classification as untitled private lands covered by DAR under the criteria defined in R.A. No. 9167.

Under Section 6 of R.A. No. 6657, the area of Free Patent landholding in excess of the five (5) hectare retention limit is subject of acquisition and distribution by DAR to identified qualified ARBs, provided that the requisites in Paragraph III.1.a-d of the Administrative Order are met.
The landowner/patent holder is entitled to payment of just compensation pursuant to Section 17 of R.A. No. 6657.
If the landowner/patent holder has landholdings other than those covered by Free Patents, the landowner/patent holder has the right to choose the area to be retained that shall be compact or contiguous pursuant to Section 6 of R.A. No. 6657.
If the landowner/patent holder has already exercised retention rights over other titled agricultural lands, then all remaining lands covered by patents are subject to acquisition and distribution by DAR under CARP.

Applications for Voluntary Offer to Sell (VOS) involving retained areas are not accepted.
Applications for VOS involving landholdings with an aggregate area of five (5) hectares and below per landowner are not accepted.

Acquisition and distribution of landholdings covered by patents must follow the general procedures and required documents under DAR A.O. 2, s. of 2005.
In addition to the general requirements, patent-covered land acquisition and distribution must be supported by the following:
- Copies of patent-related documents showing the patent application number, date of patent application and issuance, patent number, lot number, survey plan number, location, area, and other data relevant to the administrative issuance of patent.
- Certification from DENR stating that the patent holder satisfied the requisites/criteria for acquiring vested right on the land pursuant to the Free Patent Law.

The order amends DAR Administrative Order No. 02, s. of 2005 by revising Section III.7 of that administrative order.
All orders, circulars, and other issuances inconsistent with this Administrative Order are repealed and/or modified accordingly.