Issuing authority and related offices
- The Municipal Agrarian Reform Officer (MARO) prepares and issues the NOC (CARP Form No. 5-A) after determining coverability and completing the Pre-Ocular Inspection Report.
- The DARRO or DARPO receives and acts on petitions for coverage and transmits the case folder to the MARO for the municipality where the land is located.
- The MARO issues and orders the service of the NOC to the LO under these rules.
- The PARO issues the Notice of Land Valuation & Acquisition (NLVA) after receiving valuation documents from the Land Bank of the Philippines (LBP) and the related profile/summary materials.
- The Register of Deeds (ROD) annotates the NLVA request based on the process required in the PARO’s furnishing of copies.
Commencement of coverage proceedings
- The MARO commences the NOC process after determining that a landholding is coverable under CARP and after accomplishing the Pre-Ocular Inspection Report, by preparing the NOC (CARP Form No. 5-A).
- Any person may commence the proceedings by filing a petition for coverage before the DARRO or DARPO of the region or province where the subject landholding is located.
- Upon receipt of a petition for coverage, the DARRO or DARPO transmits the case folder to the MARO of the municipality where the subject landholding is located.
- Once a petition is filed, the rules on service of a copy of the NOC to the LO apply correspondingly to the service of a copy of the petition for coverage to the LO.
Posting and certification of posting compliance
- The MARO must post copies of the NOC for at least seven (7) days on the bulletin boards of:
- the barangay hall where the property is located; and
- the municipal/city hall where the property is located.
- The Barangay Agrarian Reform Committee (BARC) Chairperson and the proper municipal/city government official must issue a Certification of Posting Compliance.
Service of NOC: who must be served
- The MARO issues and orders service of the NOC to the LO.
- If the subject landholding and the LO’s residence are in different municipalities or cities, the MARO endorses the NOC to the MARO with jurisdiction over the place where the LO resides; the endorsee MARO then personally serves the NOC.
- In co-ownership, the MARO must issue the NOC and personally serve copies to each and every LO.
- If co-landowners reside outside the municipality/city where the land is located but within the Philippines, the MARO endorses copies to the MARO(s) exercising jurisdiction over each co-landowner’s place of residence, and those MARO(s) personally serve the NOC to each co-landowner.
- When the LO’s residence is outside the Philippines or unknown, the MARO arranges service by publication.
- For minors or incompetents, service is made personally on the minor, insane, or incompetent, and also on:
- the legal guardian if one exists; or
- if none exists, a guardian ad litem whose appointment is applied for by the DAR.
- For minors, service may also be made on the minor’s father and/or mother.
- For persons associated in an entity without juridical personality, service can be effected by serving any one of the LOs sued under the common name, or the person in charge of the office or regular place of business maintained in that name; service binds all associated LOs except individuals whose connection is severed upon due notice before the action is brought.
- For a domestic private juridical entity (corporation, partnership, or association with juridical personality), service is made on any of: the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel.
- When the LO is an unknown owner or the LO’s whereabouts are unknown and cannot be ascertained by diligent inquiry, service may be made by publication in a newspaper of general circulation in the places and for the time ordered by the DAR.
- When the LO does not reside and is not found in the Philippines, or is ordinarily residing in the Philippines but is temporarily out, service may be made by publication in a newspaper of general circulation in the places and for the time ordered by the DAR.
Modes of service and publication essentials
- Personal service requires the MARO to personally serve the NOC to the LO in person, or tender it if the LO refuses to receive the NOC for any reason.
- Substituted service applies when direct service to the LO is not practicable within a reasonable time; copies of the NOC are left at the LO’s:
- residence with some person of suitable age and discretion then residing therein; or
- office or regular place of business with some competent person in charge thereof.
- Service by registered mail and publication applies when personal or substituted service is not practicable:
- copies are sent by registered mail to the LO’s last known address; and
- publication is made in a newspaper of general circulation in the places and for the time ordered by the DAR.
- Publication need not state the entire NOC; it must state these essential particulars:
- complete name(s) of the LO/all LOs;
- address or location of the subject landholding (barangay, municipality/city, province);
- the number of the Original or Transfer Certificate of Title (OCT or TCT) or the latest Tax Declaration (TD) covering the subject landholding;
- a declaration that the Republic of the Philippines shall cover the subject landholding under the CARP;
- case or reference number;
- a reasonable period of not less than sixty (60) days from publication date for the LO to file a response, with a warning that failure to respond within the period means waiver of the right/privilege to:
- apply for exemption/exclusion or retention,
- nominate child/ren as beneficiary/ies, or
- submit evidence for determining just compensation; and
- the address of the office(s) holding custody of the case records (or copies), which are public documents available for photocopying during reasonable office hours upon payment of reasonable reproduction costs and certification fees.
Proof of service, voluntary appearance
- Proof of personal or substituted service must:
- be made in writing by the server;
- set forth the manner, place, and date of service;
- specify any papers served together with the process and the name of the person who received them; and
- be sworn to when made by a person other than the MARO.
- Proof of service by publication may be established by:
- an affidavit of the printer (or his foreman/principal clerk) or the editor/business/advertising manager, with a copy of the publication attached; and
- an affidavit showing deposit of a copy of the NOC and order for publication in the post office (with postage prepaid), directed to the LO by registered mail to the LO’s last known address.
- The LO’s voluntary appearance in the action is equivalent to service of the NOC.
Post-valuation acquisition notice and title annotation
- After receipt of the Memorandum of Valuation from the Land Bank of the Philippines (LBP) and the Claim Folder Profile and Valuation Summary (MOV-CFPVS), the PARO sends a Notice of Land Valuation & Acquisition (NLVA) to the LO using the same service procedures.
- The NLVA must be sent with a copy of the MOV-CFPVS and must require the LO to submit the documents required for payment of claims using CARP Form No. 10.
- The PARO must furnish a copy of the NLVA to the Register of Deeds (ROD) with a request for annotation at the back of the corresponding title covered by the MOV-CFPVS.
- The ROD secures the title from the CARP Volume if already segregated from the regular volume and then proceeds with the requested annotation of the NLVA.
Repeal, effectivity, and publication timing
- DAR Administrative Order No. 01, s. 2003 amends DAR Administrative Order No. 2, Series of 1996 and Administrative Order No. 1, Series of 1998, and all other orders or circulars inconsistent with these rules.
- The order takes effect ten (10) days after its publication in two (2) national newspapers of general circulation, pursuant to Section 49 of Republic Act No. 6657.
- The order is adopted on January 16, 2003, signed by HERNANI A. BRAGANZA, Secretary.