Law Summary
Coverage
- Applies to voluntary offer to sell (VOS) and compulsory acquisition (CA) of agricultural lands.
- Includes lands under Section 7 of RA 6657 and lands acquired under Executive Order No. 407.
- VOS: private agricultural lands voluntarily offered by landowners to government.
- CA: all idle/abandoned lands regardless of size and other private agricultural lands as per RA 6657.
- E.O. 407 acquisition covers lands transferred to DAR under said order.
Policy
- Landowners may voluntarily sell covered lands before receiving notices of coverage.
- Tenants continue lease payments until transfer formalities completed.
- Landowners retain share of standing crops at time of acquisition.
- Compensation determined by mutual agreement, administrative valuation, or court determination.
- Non-bank landowners who voluntarily sell entitled to additional 5% cash payment.
Operating Procedures
- Identification and Documentation:
- Landowners submit Letter Offer (CARP Form No. 1) with ownership documents.
- DAR Municipal Offices review and acknowledge documents and prepare claim folders.
- For CA and EO 407 covered lands, similar document gathering and title transfers arranged.
- Field Investigation:
- Lists forwarded to Land Bank for inspection scheduling.
- Notices sent to government agencies, landowners, prospective ARBs.
- Joint field investigations conducted.
- Field Investigation Report (FIR) prepared.
- Qualified ARBs selected; Landowners notified of coverage with posting requirements.
- Review and Completion of Data:
- Claim folders reviewed by DAR-Land Bank Pre-Processing Unit (PPU).
- Land Survey:
- Surveys conducted and approved by DENR.
- Land Valuation and Compensation:
- Land Bank evaluates and determines valuation, forwarding Memorandum of Valuation.
- Landowners notified of valuation and invited to submit claims.
- If accepted:
- Deed of Transfer prepared.
- Compensation deposited.
- Titles transferred to Republic of the Philippines.
- If rejected or no reply:
- Compensation deposited in landowner's name pending administrative proceedings.
- DAR Adjudication Board conducts summary proceedings.
- If disagreement persists, parties may elevate to Special Agrarian Court.
- Land Distribution:
- DAR takes possession and distributes land to qualified ARBs.
Reporting and Monitoring
- Monthly provincial reports on VOS/CA status submitted to Undersecretary for Field Operations.
- Landowners regularly updated on claim status.
Transitory Provisions
- Trust accounts from previous administrative orders converted to deposit accounts in landowner's name.
- Provincial officers directed to inventory claim documents and coordinate with Land Bank for deposits.
- Previous trust deposits converted to cash and bond deposits.
Repealing Clause
- Prior inconsistent orders, circulars, and issuances repealed or amended accordingly.
Effectivity
- Order takes effect ten days after publication in two newspapers of general circulation.
This comprehensive framework ensures orderly acquisition and distribution of agricultural lands under agrarian reform laws, balancing landowner rights with government mandates for land redistribution.