Law Summary
Policy Statements
- Qualified beneficiaries per Section 22 of RA 6657 and residing in the barangay/municipality are automatically included in the preliminary ARB list after proof of tenancy/farmwork status as of June 15, 1988.
- Acceptable documentary proofs include leasehold contracts, payroll, SSS records, illegal dismissal cases, pay slips, affidavits from farm officials or workers, and other probative sources.
- Persons disqualified under Section 5 of DAR A.O. No. 7 (2003) shall not be included despite submitted documents.
- Contesting a person's qualification carries the burden of proof on the contesting party.
- Potential ARBs must submit essential documents proving their qualifications within 15 days of list posting.
- Failure to submit required documents results in exclusion from the list; existing DARMO documents will be used if available.
- Cases on qualifications are treated as Agrarian Law Implementation cases per DAR A.O. No. 3 (2003).
- Qualified ARBs who pass screening sign the Application to Purchase and Farmers Undertaking (APFU); refusal without coercion is deemed waiver and results in disqualification and delisting.
- Disqualified ARBs are replaced through a nomination process by the Barangay Agrarian Reform Committee (BARC) and selection by the Beneficiary Screening Committee (BSC).
- Landowners’ retention rights waiver leads to acquisition and reallocation of land even if tenants refuse to sign APFU; refusal considered waiver; continued occupation construed as CARP implementation impediment.
- Refusal or failure to be identified or registered contradicts the willingness qualification for beneficiaries under RA 6657.
- Refusal to sign APFU due to harassment does not cause automatic disqualification but hinders CARP implementation; proper notices must be given.
- Provisions to secure tenure shall not obstruct CARP execution.
Operating Procedures
- The BSC or MARO, with BARC assistance, will investigate whether refusal to sign APFU is due to threats or harassment.
- If no threat is found, refusal to sign APFU equals unwillingness and leads to disqualification.
- If threat is documented, efforts will be made to resolve the issue and encourage signing or nomination of qualified immediate household members as replacements.
- Notice will be sent allowing 30 days to sign the APFU or nominate replacements; failure to act within the period results in automatic waiver.
- DAR shall then select other qualified ARBs, prioritizing immediate household members.
- Follow-up actions adhere to DAR A.O. No. 2, series of 2005.
Sanction
- DAR officials or employees who fail to comply without justification face immediate administrative and/or criminal action under Sections 73 and 74 of RA 6657 and other laws.
Effectivity
- This Administrative Order supplements DAR A.O. No. 7 (2003) and takes effect 10 days after publication in two general circulation newspapers.
- All inconsistent orders, circulars, and issuances are repealed or modified accordingly.