Title
Guidelines on Land Acquisition Schemes
Law
Dar Administrative Order No. 5 S. 1992
Decision Date
Apr 6, 1992
DAR Administrative Order No. 5, issued on April 6, 1992, clarifies and amends guidelines for land acquisition schemes, allowing for the withdrawal of voluntary offers to sell and the lifting of Notices of Acquisition under specific conditions to better address current agrarian reform challenges.

Conditions for Withdrawal of Voluntary Offer to Sell (VOS)

  • Withdrawal allowed if the VOS pertains to the landowner’s retained area not exceeding five (5) hectares and no payment has been made.
  • Withdrawal permissible if to wait for compulsory acquisition under Phase III-A or III-B, and Notice of Valuation has not been served.
  • Withdrawal allowed for switching mode of acquisition to Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS).

Grounds for Rejection of Voluntary Offer to Sell

  • Landholding unsuitable for agriculture or underdeveloped with slope exceeding 18%, as per joint guidelines dated January 27, 1992.
  • Lack of agrarian reform beneficiaries (ARBs) willing to take the land due to valid reasons like peace and order.
  • Only qualified ARBs identified are the children of the landowner, disqualifying the offer.

Withdrawal or Lifting of Notices on Land for National Interest Use

  • Withdrawal or lifting allowed if the landholding is deemed more suitable for townsite, resettlement, or institutional use related to national interest or calamities.
  • DAR regulations on land use conversion and disturbance compensation apply.
  • DAR may issue new Notice of Acquisition later if justified.

Procedures for Withdrawal of VOS or Lifting of Notice of Acquisition

  • Landowners must submit a written request specifying reasons.
  • Municipal Agrarian Reform Officer (MARO) verifies request and submits report with findings, recommendations, and supporting documents to Provincial Agrarian Reform Officer (PARO) within five (5) working days.
  • PARO reviews, evaluates, and forwards recommendations to Regional Director within five (5) days.
  • Regional Director approves/disapproves applications for lands less than ten (10) hectares and forwards others with recommendations to the Secretary.
  • For grounds of rejection under specific conditions, Regional Director issues official rejection.
  • Undersecretary for Field Operations approves/disapproves withdrawals or lifting of notices for lands under one hundred (100) hectares within 15 days.
  • Secretary approves/disapproves applications for lands one hundred (100) hectares and above.
  • DAR central and regional legal offices review all applications within ten (10) days before authority approval.

Effectivity and Repealing Clause

  • Effective ten (10) days after publication in two national newspapers.
  • Amends or revokes inconsistent previous orders, memoranda, circulars, and issuances.

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