Law Summary
Irrevocability and Phase One Coverage
- Lands voluntarily offered for sale cannot be withdrawn.
- Such lands immediately enter Phase One of CARL implementation.
Transition Rules for Pending VOS Transactions
- Pending VOS with no payment are subject to Administrative Order No. 12 hearing and notice requirements.
- VOS filed before June 15, 1988, follow Executive Order No. 229 procedures.
- VOS filed after June 15, 1988, follow the current Administrative Order procedures, with some exceptions for folders sent before this order took effect.
Role of Municipal Agrarian Reform Officer (MARO)
- Landowner or representative must submit VOS Forms Nos. 1 and 1.a to MARO.
- MARO prepares the Voluntary Offer Claim Folder (VOCF) and collects ownership and property documents.
- Specific document requirements differ for titled and untitled property, including certificates of title, tax declarations, survey plans, and proof of ownership covering at least 10 years for untitled lands.
- MARO, with Barangay Agrarian Reform Council (BARC) and Land Bank representative, inspect the property and complete investigative and evaluative reports.
- Conducts preliminary conference and forwards the complete folder to Provincial Agrarian Reform Officer (PARO).
- All MARO procedures must conclude within 30 days from complete document submission.
Role of Provincial Agrarian Reform Officer (PARO)
- Follows procedures in Administrative Order No. 12, except valuation for pre-June 15, 1988 offers, which follow Administrative Order No. 5, 1988 guidelines.
- Completes processing within 10 working days and sends case folder to DAR Central Office through BLAD or Regional Director (RD) for properties of 10 hectares or less.
Role of Bureau of Land Acquisition and Distribution (BLAD)/Regional Director (RD)
- Reviews, evaluates, and determines property valuation within 5 working days.
- Prepares Summary Review and Evaluation Report detailing valuation and methodology, signed by officials involved.
- Submits report and VOCF to Land Bank of the Philippines (LBP) President.
Role of Land Bank of the Philippines (LBP)
- Reviews VOCF and valuation basis.
- May recommend higher or lower valuation to DAR Secretary.
- If agreeing with valuation, signs report and notifies BLAD and RD.
- If disagreeing, notifies DAR Secretary with reasons and proposed valuation.
- DAR-LBP Committee reconciles valuations monthly and submits agreed amount to BLAD.
BLAD’s Actions Post-Valuation
- Prepares Notice of Acquisition for DAR Secretary signature.
- Delivers written Notice of Acquisition to landowner via personal delivery or registered mail; posts copies publicly.
- Notifies landowner of DAR’s valuation; seeks acceptance within 30 days.
- If rejected or no reply, land subject to compulsory acquisition and hearing by DAR Adjudication Board (DARAB).
- Upon acceptance, prepares Order of Acquisition and Deed of Transfer for signatures of landowner, DAR Secretary, and LBP President.
- If rejected, DARAB conducts hearing to determine just compensation.
- Order of Acquisition and Deed of Transfer prepared and signed by LBP President and DAR Secretary after DARAB decision.
Office of the Secretary of Agrarian Reform
- Approves and signs Order of Acquisition and Deed of Transfer.
- Directives include:
- Acquisition decision and compensation amount.
- Payment instructions to LBP.
- Direction to landowner for physical turnover.
- Certification and title cancellation instructions.
- Redistribution instructions to Provincial Agrarian Reform Officer (PARO).
- Transmits signed documents for registration and compensation handling.
Land Bank of the Philippines (LBP) Responsibilities
- Ensures signing of Deed of Transfer by LBP President.
- Coordinates registration of land transfer with Register of Deeds and issuance of new title in the name of the Republic of the Philippines.
- Responsible for payment or deposit of compensation within twenty (20) working days.
- Handles mortgage payments if the land is encumbered.
- Furnishes BLAD with copies of documents after payment.
Land Valuation
- Computed pursuant to DAR Administrative Order No. 17, Series of 1989.
- Subject to amendments by succeeding administrative orders.
Repeal and Effectivity
- Repeals Administrative Order No. 3, Series of 1989.
- Modifies or repeals inconsistent rules and regulations.
- Further procedures to be issued through DAR Memorandum Orders.
- Effective ten (10) days after publication in two newspapers of general circulation per Section 49 of R.A. No. 6657.