Law Summary
Departmental Mandate and Coordination
- The Department of Agrarian Reform (DAR) is tasked to initiate acquisition of idle or abandoned agricultural lands promptly.
- Coordination with the Presidential Agrarian Reform Council (PARC) is required for planning and programming land acquisition and distribution.
- Acquisition of idle or abandoned lands is a priority in Phase One of the agrarian reform program.
Definition and Scope of Idle or Abandoned Lands
- Defined under Section 3(e) of R.A. No. 6657:
- Lands not cultivated, tilled, or developed for agricultural purposes continuously for 3 years prior to notice.
- Excludes lands dedicated permanently or regularly to non-agricultural use.
- Excludes lands rendered unproductive due to force majeure or fortuitous events, if previously used agriculturally.
Identification and Coverage Procedures
- The Municipal Agrarian Reform Officer (MARO) identifies idle or abandoned lands in their jurisdiction based on a 3-year reckoning period prior to acquisition notice.
- Newly identified lands outside the 3-year period are monitored for future coverage.
Notice and Notification Process
- The Notice of Coverage (I/A Form No. 1) must indicate the land is deemed idle or abandoned.
- The notice is sent by registered mail to the landowner and posted for 30 days at barangay and municipal halls.
Landowner's Right to Protest and Retention
- Landowners or claimants have 30 days to reply or 15 days to file a written protest with MARO after notice receipt or posting.
- Failure to reply or protest is deemed waiver of retention rights.
- If protested, issues of coverage are subject to administrative determination.
Evidence Requirements
- Secure sworn statements (I/A Form No. 2) from at least two disinterested farmers in the barangay with two witnesses, preferably Barangay Agrarian Reform Committee members.
Handling of Large Landholdings
- For holdings over 50 hectares where landowners opt for temporary retention:
- Areas exceeding 50 hectares are covered first.
- Idle or abandoned portions within temporarily retained areas are also covered accordingly.
Acquisition, Compensation, and Distribution
- Procedures prescribed in Sections 16, 17, 18, and 22 of R.A. 6657 and related implementing guidelines must be strictly observed.
- This includes valuation standards and modes of compensating landowners.
Effectivity and Repeal of Inconsistent Orders
- The Administrative Order takes effect 10 days after publication in two national newspapers.
- All inconsistent orders, circulars, rules, and regulations are revoked, amended, or modified accordingly.