Title
Revised Dar Rules on Reconveyance of Non-CARP Lands
Law
Dar Administrative Order No. 09,s. 1997
Decision Date
Dec 10, 1997
This administrative order outlines the procedures for the reconveyance of lands turned over to the Department of Agrarian Reform that are later found to be outside the coverage of the Comprehensive Agrarian Reform Program, ensuring that original transferors can reclaim their properties while providing options for affected agrarian reform beneficiaries.
A

Policy Statement

  • Lands found outside CARP coverage shall be reconveyed to original transferors (government agencies or landowner-offerors).
  • Non-coverage is based on land unsuitability for agriculture, DOJ opinions, or presidential proclamations.
  • Reconveyance depends on whether the whole or part of the land is covered:
    • Entire land not coverable and titled: reconvey whole land via Deed of Reconveyance or Letter of Rescission if no title.
    • Partly covered land: segregation survey, amendment of DOT, transfer of covered part to DAR, reconveyance of non-covered part.
  • Emancipation Patents (EPs) or CLOAs for reconveyed land must be cancelled before reconveyance.
  • Assistance to ARBs on reconveyed lands includes relocation, negotiation for purchase, and a grace period for productivity improvement.
  • Refunds of amortization payments to affected farmer-beneficiaries shall be made.

Coverage

  • Applies to all lands turned over to DAR under E.O. Nos. 407, 448 and voluntary offers under Section 19 of R.A. No. 6657 that are later found outside CARP coverage.

Procedure

  • Petition for reconveyance filed with DAR citing specific grounds.
  • DAR Provincial Office (DARPO) investigates the non-coverage and secures supporting documents (e.g., certificates from DA, HLURB, Presidential Proclamations).
  • Recommendation for Order of Reconveyance submitted by Provincial Agrarian Reform Officer to Regional Director.
  • Special provisions if ARBs occupy land, including relocation, negotiation, moratorium for productivity.
  • Upon issuance of Order of Reconveyance:
    • Conduct segregation survey if partial reconveyance.
    • Cancel EPs or CLOAs administratively or judicially.
    • Draft and execute Deed of Reconveyance, amended DOT, or Letter of Rescission.
    • Register instruments with the Register of Deeds if titles were issued.
  • Notification to concerned parties and Land Bank of the Philippines (LBP) for amortization refunds.
  • Reconveyance to be completed within 90 days of petition receipt.

Filing/Resolution of Motions and Appeals

  • Interested parties may file motions for reconsideration with the Regional Director.
  • Appeals may be taken to the Secretary of DAR, as per Administrative Order No. 9, Series of 1994 procedures.

Monitoring

  • The Bureau of Land Acquisition and Distribution (BLAD) of DAR oversees implementation of the rules.

Effectivity

  • The Order takes effect ten (10) days after publication in two newspapers.
  • All inconsistent orders, circulars, rules, and regulations are revoked, amended, or modified accordingly.

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