Law Summary
Circumstances Necessitating Issuance of CARP Beneficiary Certificates (CBC)
- EP or CLOA issuance may be delayed due to:
- Supreme Court rulings related to full compensation prior to State title transfer.
- Need for subdivision surveys to determine land parcels.
- Title consolidation in foreclosure proceedings (EO 407 & EO 448).
- In such cases, beneficiaries possess land without EP or CLOA.
- CBC acts as an intermediate document acknowledging beneficiary status.
- CBC also entitles beneficiaries to receive CARP support services.
Scope and Coverage of CBC Issuance
- CBCs issued to properly identified and qualified CARP beneficiaries.
- Beneficiaries must have executed Application to Purchase-Farmer's Undertaking (APFU) or Land Valuation Summary-Farmer's Undertaking (LVSFU).
- Must have actual possession of land as tenants, farm workers, or with landowner's acquiescence.
- Applicable to lands:
- Covered by CARP with Notices of Acquisition issued.
- Agricultural lands turned over to DAR under EO No. 407, amended by EO No. 448.
- Areas with EPs generated but unregistered due to legal constraints.
- Areas under Operation Land Transfer without CLT or EP.
Operating Procedures for Issuance of CBCs
- Provincial Agrarian Reform Office (PARO) responsibilities:
- Prepare CBCs and Acknowledgement Receipts using CARP Form No. 19.
- Forward CBCs and Acknowledgment Receipts to Regional Office for signature.
- Retain Land Distribution File (LDF) for EP/CLOA processing.
- Log all CBCs forwarded.
- Regional Director responsibilities:
- Review CBCs and receipts for accuracy.
- Sign CBCs and return to PARO.
- Log all signed CBCs.
- PARO upon receiving signed CBCs:
- Distribute CBCs requiring beneficiary acknowledgment.
- Transmit original Acknowledgment Receipts to Regional Director; retain duplicates.
- Maintain a Record Book for CBCs by landholding and municipality.
- Submit periodic CBC distribution reports to DAR Central Office.
Cancellation or Nullification of CBCs
- CBCs may be cancelled or nullified for:
- Verification of beneficiary disqualification.
- Determination that land is not transferable.
- Beneficiary's written waiver or disinterest.
- Disqualifications and forfeitures under existing laws apply.
- Regional Director issues serially numbered Orders of Cancellation.
- Cancellation reports submitted monthly to the Secretary.
- Beneficiaries must surrender cancelled CBCs.
Effectivity and Supersession
- Order effective ten (10) days after publication in two newspapers.
- Supersedes DAR Memorandum Circular No. 5, series of 1990.
- Modifies or revokes inconsistent prior issuances.