Policy purpose for interim certificates
- The order directs DAR to issue a CARP Beneficiary Certificate (CBC) when EPs or CLOAs cannot be immediately issued because legal and administrative requirements are not yet fulfilled.
- Section 24 of Republic Act No. 6657 requires ownership evidence through an Emancipation Patent (EP) or a Certificate of Landownership Award (CLOA), which must contain legal restrictions and conditions and be recorded/annotated in the Register of Deeds.
- The order provides that identified beneficiaries may already be in possession of awarded land but still lack the EP/CLOA pending completion of required processes.
- The order states that the CBC serves as an intermediate document to evidence that recipients are identified and have qualified as agrarian reform beneficiaries under CARP.
- The order further provides that the CBC entitles the recipient to receive support services under the CARP.
Coverage and who may receive CBCs
- CBCs must be issued to farmers or farm-workers who are properly identified and have qualified as CARP beneficiaries.
- CARP qualification for CBC issuance requires execution of the required undertaking: Application to Purchase-Farmers Undertaking (APFU) or Land Valuation Summary-Farmers Undertaking (LVSFU).
- Qualified beneficiaries must be in actual possession of the land to be awarded, whether as tenants, workers under a labor administration system, or where the landowner does not object to the DAR takeover and award to beneficiaries.
- CBCs are issued for land where Notices of Acquisition have been issued (using CARP Form Nos. 10 or 11) by the Regional Director, under Administrative Order No. 9, series of 1990.
- CBCs are issued for agricultural landholdings (private or public) turned over to DAR through a Deed of Transfer or Memorandum of Agreement pursuant to EO No. 407 (s. 1990), as amended by EO No. 448 (s. 1991), and other laws.
- CBCs are issued for areas for which EPs have already been generated but cannot be registered due to LRA Circular No. 29 (October 1, 1990), LRA Circular No. 29-A (November 7, 1990), and other constraints.
- CBCs are issued for areas covered under Operation Land Transfer that have not been covered by a Certificate of Land Transfer (CLT) or an EP, and for areas subject to subsequent land transfer actions.
Issuance process and official steps
- Issuance is anchored on the APFU or LVSFU signed by prospective recipients who qualify under the order’s coverage rules.
- The Provincial Agrarian Reform Office (PARO) must:
- Prepare the CBCs and Acknowledgement Receipts (Annexes 1 and 2) based on the copy of the duly accomplished CARP Form No. 19, Administrative Order No. 10, series of 1990.
- Forward the duly accomplished CBCs together with the original and duplicate Acknowledgment Receipts attached to the Regional Office for signature of the Regional Director, while retaining the LDF for later EP/CLOA generation.
- Log all generated CBCs forwarded to the Regional Director.
- The Regional Director must:
- Review the generated CBCs and Acknowledgment Receipts for accuracy and consistency.
- Sign the CBCs and return them and the Acknowledgment Receipts to the PARO.
- Log all signed CBCs.
- After receiving signed CBCs, the PARO must:
- Distribute CBCs to beneficiaries in collaboration with the concerned MARO, requiring beneficiaries to sign the original and duplicate Acknowledgment Receipts.
- Transmit, for record purposes, the original Acknowledgment Receipts to the Regional Director while retaining the duplicates.
- Maintain a separate Record Book for CBCs distributed by landholding and by municipality for proper control and monitoring.
- Submit to the DAR Central Office (Attention: Management Information Service and Bureau of Land Acquisition and Distribution) periodic reports on CBCs distributed.
Cancellation, nullification, and withdrawal
- CBCs issued by the Regional Director may be cancelled, nullified, or withdrawn upon any of the following grounds:
- Subsequent verification that the recipient is disqualified as a CARP beneficiary.
- Proper determination that the land subject of the CBC is not transferable under CARP.
- Written notice from the identified beneficiary that the beneficiary is no longer interested in becoming a beneficiary or is waiving the right to the land award, which the rules state will forever bar the identified beneficiary from becoming an awardee of the CARP.
- The order directs that prohibited acts under existing laws warranting disqualification or forfeiture of CARP land rights apply to CBC cancellation in a suppletory character.
- The Regional Director must issue Orders of Cancellation that are serially numbered.
- A report on the Orders of Cancellation must be included in the monthly report of the Regional Office to the Secretary (Attention: MIS and BLAD).
- CBC recipients must surrender the CBCs subject of Orders of Cancellation to the Regional Director in all cases.
Effectivity, publication, and supersession
- The administrative order takes effect ten (10) days after publication in two (2) newspapers of general circulation pursuant to Section 49 of RA 6657.
- DAR Administrative Order No. 11, s. 1991 supersedes DAR Memorandum Circular No. 5, series of 1990.
- The order modifies or revokes all other issuances that are inconsistent with it.