Title
Rules on of Coverage under RA 6657
Law
Dar Administrative Order No. 01
Decision Date
Jan 16, 2003
This administrative order establishes streamlined procedures for the issuance of Notices of Coverage and the acquisition of private agricultural lands under the Comprehensive Agrarian Reform Program, addressing common issues of landowner resistance and ensuring due process in the acquisition process.
A

Commencement of Proceedings

  • MARO determines landholding coverability and prepares NOC after Pre-Ocular Inspection.
  • Any party may file a petition for coverage at DAR Regional or Provincial offices.
  • Upon petition, case folder is sent to MARO; service rules for NOC apply similarly to petition.

Posting and Certification Requirements

  • MARO must post NOC copies for at least 7 days on barangay and municipal/city bulletin boards.
  • Barangay Agrarian Reform Committee Chairperson and local government official must certify posting compliance.

Service of Notice of Coverage

  • MARO issues and orders service of NOC to the LO.
  • If LO resides outside the municipality, NOC is endorsed to the appropriate MARO for personal service.
  • In co-ownership, NOC must be served to each owner; endorsements and personal service apply similarly.
  • If LO residence is unknown or abroad, service by publication is arranged.

Receipt of Service Rules

  • General rule: NOC must be served directly on the LO.
  • For minors or incompetent LOs, service on legal guardian, guardian ad litem, or parents is required.
  • Entities without juridical personality: service on any associated person or office/person in charge, not binding to those previously severed.
  • Domestic private juridical entities: service on key officers such as president or corporate secretary.
  • Service on unknown or absent LOs may be made by publication in newspapers.

Modes of Service

  • Personal service: direct hand over or tendering of NOC.
  • Substituted service: leaving NOC at residence or office with a responsible person.
  • Service by publication: used when personal/substituted service impracticable, includes registered mail and newspaper publication with specific essential particulars.

Essential Particulars for Publication

  • Names of LO(s).
  • Location of landholding including barangay, municipality and province.
  • Relevant title or tax declaration numbers.
  • Declaration of CARP coverage.
  • Case/reference number.
  • Minimum 60-day period to respond with consequences for non-response.
  • Address of office(s) holding case records available to the public.

Proof of Service

  • Personal or substituted: written proof detailing manner, date, place, recipient; sworn if server not MARO.
  • By publication: affidavits from publication staff and postal service proof attached to publication.

Voluntary Appearance of LO

  • Treated as equivalent to service of the NOC.

Notice of Land Valuation & Acquisition (NLVA)

  • Following receipt of MOV-CFPVS from Land Bank, PARO sends NLVA to LO following service rules.
  • NLVA includes copy of MOV-CFPVS and requirements for claims payment documents.

Annotation and Registration

  • PARO copies NLVA to Register of Deeds to annotate corresponding title.
  • Register secures title and annotates NLVA on CARP Volume.

Repealing Clause and Effectivity

  • Amends previous DAR Administrative Orders No. 2 (1996) and No. 1 (1998), among others.
  • Takes effect 10 days after publication in two national newspapers as per RA 6657 Section 49.

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