Definition of Problematic Lands
- Problematic lands are landholdings covered by the Comprehensive Agrarian Reform Program (CARP).
- Acquisition and/or distribution of these lands have been temporarily stalled.
- Causes of stall include legal, technical/operational, and administrative issues affecting program implementation.
Scope
- Covers lands classified as problematic in the PARC EXECOM-approved CARPER Land Acquisition and Distribution (LAD) balance database.
- Includes lands originally workable but which later encountered problems during LAD processing.
Procedure to Address Specific Problems
- Urgent revival of stalled claim folders processing at DAR Municipal and Provincial Offices is required.
- Re-analysis and evaluation are necessary to address the specific problems affecting each landholding.
- Examples and suggested solutions for problems are outlined in an annex.
- Within 7 days, DAR Provincial Office units will generate and distribute problematic lands lists to relevant offices.
At the DAR Municipal Office (DARMO) Level
- Municipal Agrarian Reform Officer (MARO) will conduct inventory, validation, and review of claim files.
- MARO shall prepare case briefs within 10 days and forward these to the DAR Provincial Office (DARPO).
- For initially workable lands later found problematic, MARO must prepare case briefs within 3 days and submit to PARO.
At the DAR Provincial Office (DARPO) Level
- Operations Division conducts inventory, validation, and review of CFs within 10 days.
- DARPO-PDPC/PMEU tags newly problematic landholdings in the LAD CARPER database.
- Creation of a Provincial Task Force on Problematic Landholdings headed by PARO, including CARPO for Operations, legal officers, and civil society representatives.
- Task Force responsibilities:
- Reviewing and strategizing solutions for each claim file.
- Communicating with concerned offices and requesting documents or legal opinions.
- Requesting early resolution of legal issues and additional funds if required.
- Initiating dispute resolution mechanisms and filing relevant cases.
- Activating the Provincial CARP Implementing Team.
- Taking any appropriate lawful actions to expedite LAD process.
- If landholding is workable, PARO orders documentation.
- If deductible under R.A. No. 6657 Section 10 and DAR A.O. No. 13 Series of 1990, landholding may be excluded from the database per M.C. No. 8, Series of 2010.
- Monthly status reports on problematic lands shall be submitted to the Regional Director.
At the DAR Regional Office (DARRO) Level
- Regional Director instructs Legal Division head to review cases pending for resolution within 15 days.
- ARDO prepares prioritized list of cases with LAD implications, submitted monthly to higher DAR officials.
- CARPO for Operations facilitates prompt resolution for workable lands and operational issues.
- RD monitors Provincial Task Forces and may create Special Action Teams.
- RD regularly reports the status of problematic lands to Undersecretaries for Field Operations and Legal Affairs.
At the DAR Central Office (DARCO) Level
- National Task Force on Problematic Landholdings established, co-chaired by Undersecretaries for Field Operations and Legal Affairs.
- Task Force includes senior officials and representatives from the Secretary's Office and civil society.
- Regular review of pending LAD cases and referred problematic landholdings.
- Bureau of Agrarian Legal Assistance to resolve high-impact legal cases.
- Bureaus of Land Acquisition and Distribution and Land Development to implement Task Force strategies.
- Undersecretaries or directors may coordinate with other agencies for case resolution.
Budget for the Task Force
- Provincial Task Force expenses charged to the respective DAR Provincial Office.
- National Task Force expenses borne by the Office of the Secretary.
Monitoring and Reporting
- PARO submits monthly reports on claim files processed or in documentation to the Regional Director and Assistant Secretary for Field Operations.
- PDPC/PMEU tags workable landholdings in database and prints reports for Provincial Task Force.
- Regional Director monitors and reports regional status of problematic lands monthly to Undersecretaries.
- Office of the Secretary monitors and acts on problematic cases pending at DAR Central Office consistent with laws.
Repealing Clause
- This Memorandum Circular modifies or repeals inconsistent prior issuances or portions.
Effectivity Clause
- The Circular takes effect immediately upon issuance.