DAR ADMINISTRATIVE ORDER NO. 10-89
RULES AND PROCEDURES GOVERNING THE REGISTRATION OF BENEFICIARIES
Pursuant to Section 15, Chapter IV, of the Comprehensive Agrarian Reform Law of 1988, the DAR in coordination with the Barangay Agrarian Reform Committee (BARC), as organized pursuant to R.A. 6657, shall register all agricultural lessees, tenants and farmworkers who are qualified beneficiaries of the CARP. This Administrative Order provides the implementing Rules and Procedures for the said registration.
A. General — Develop a data bank of potential and qualified beneficiaries of the CARP for the effective implementation of the program.
B. Specific — Identify the actual and potential farmer-beneficiaries of the CARP.
2. Establish baseline data and information for validation with the data reported by the landowners in their LISTASAKA sworn statements.
3. Gather basic data for planning and development of programs in support of the beneficiaries.
A. The registration shall cover all agricultural lessees, share tenants and farmworkers of all public and private agricultural lands planted to rice, corn and all other crops, who are qualified to be beneficiaries of the CARP as defined under Section 22, Chapter VII of R.A. 6657 as follows:
1. Agricultural lessees and share tenants;
2. Regular farmworkers;
3. Seasonal farmworkers;
4. Other farmworkers;
5. Actual tillers or occupants of public lands;
6. Collectives or cooperatives of above beneficiaries; and
7. Others directly working on the lands, provided that the children of landowners who are qualified under Section 6 of R.A. 6657 shall likewise be registered.
B. A basic qualification of a beneficiary shall be his willingness, aptitude and ability to cultivate and make the land as productive as possible.
C. Excluded from Registration are the following:
1. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their lands.
2. Landowners or beneficiaries under P.D. 27 who already own or have already been awarded at least three (3) hectares of land under aforesaid Presidential Decree.
Definition of Terms
Agricultural Lessee is a person who, by himself and with aid available from within his immediate farm household, cultivates land belonging to, or possessed by, another with the latters consent, for purposes of production, for a price either in money or in produce or both. (Section 166, R.A. 3844)
Agricultural Share Tenant is a tenant-tiller under a share tenancy system, which exists whenever two persons agree on a joint undertaking of agricultural production where one party furnishes the land and the other his labor, with one or both contributing any one or several of the items of production, the tenant cultivating the land personally with the aid of labor available from members of his immediate farm household, and the produce thereof to be divided between the landholder and the tenant. (Section 166, R.A. 3844)
Immediate Farm Household consists of the members of the family of the lessee and other persons who are dependent upon him for support and who usually help him in his activities. (Section 166, R.A. 3844)
Agricultural Lands refers to lands devoted to agricultural activities as defined under Section 3 of R A. 6657 and which are not classified as mineral, forest, residential, commercial or industrial.
Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either by himself or primarily with the assistance of his immediate farm household, whether the land is owned by him or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof.
Farmworker is a natural person who renders service for value either as an employee or as a laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or pakyaw basis. The term may also be used to refer to an individual whose work has ceased as a consequence of, or in connection with, a pending agrarian dispute and who has not obtained a substantially equivalent and regular farm employment.
Regular Farmworker is a natural person who is employed on a permanent basis by an agricultural enterprise or farm. In case of a farmholding planted to multiple crops by different farmers in the same farmlot, the farmer who plants/produces the principal crop in the said farmlot shall be considered the regular farmworker.
Seasonal Farmworker is a natural person who is employed on a recurrent, periodic, intermittent basis by an agricultural enterprise or farm whether as a permanent or a non-permanent laborer, such as dumaan, sacada, and the like.
Other Farmworker refers to a farmhand who does not fall under items 6, 7 and 8. Example: Farmhand doing several farm activities but not paid for his labor.
Principal crop is the crop predominantly planted/produced in the subject landholding.
Procedure for Registration
A. Pre-Registration Activities —
1. Organization of BARCs — DAR fieldmen shall effect the organization of a Barangay Agrarian Reform Committee (BARC) in every barangay pursuant to this Administrative Order;
2. Information campaign — A nationwide information drive in coordination with the BARC, farmers' organization and NGOs through farmers meetings, I.E. BANDILLOs, mobile system, etc., shall be conducted for the information of all tenants, farmworkers and others concerned;
3. Orientation briefings/workshops — these shall be conducted among DAR fieldmen, BARC members and farmers' organizations that will be involved directly in the registration activity; and,
4. Establishment of registration Centers — A registration center shall be established at the local barangay hall or any appropriate barangay center under the supervision of DAR personnel. The actual registration shall be managed by a duly designated BARC representative or a barangay council member.
B. Actual Registration
1. Steps in registration — Immediately after the orientation/briefing of personnel and establishment of registration centers, DAR in coordination with BARC shall start actual registration. The following steps are hereby prescribed:
a. Prospective and/or potential beneficiaries shall secure BARC registration forms at the registration center in the barangay;
b. Registrants shall accomplish the registration forms in triplicate, with the assistance of the DAR Agrarian Reform Technologist (ART) or any member of the BARC or barangay council;
c. DAR ARTs in coordination with the BARC shall review the accomplished forms for completeness of data entry;
d. The registrant shall print his name and affix his signature on the form or his right thumbmark if he is unable to sign, and submit the form to the DAR ARTS or the BARC;
e. The BARC Chairman or BARC Secretary shall attest to the execution of the registration form.
2. Place of Registration —
a. For purposes of this registration prospective and/or potential beneficiaries should register in the barangay where they work most of the time within the year. In the event that they are not in their barangay/place of work at the time of registration, they may register in their place of residence.
b. A prospective or potential beneficiary is allowed to register only once. Violation of this is punishable under Section 74 in relation to Section 73 (d) of R.A. 6657.
c. In a situation where a beneficiary works in two or more farmholdings situated in different places, he may register in any of the registration centers where any one of said farmholdings is located.
3. Information required — The registrant will be required to supply the following data using the prescribed registration form:
a. Names of the registrant and members of his immediate farm household;
b. Name of owner or administrator of the land(s) he works on, nature or their tenurial relationship, and date such relationship was established;
c. Location(s) and area(s) of the land(s) worked on;
d. Crops planted and production data;
e. Share in the harvest or amount of rental paid or wage or salary received and other arrangements; and
f. Other relevant information.
The registration of farmer-beneficiaries shall be completed by December 31, 1989. Thereafter, registration of new qualified registrants shall be undertaken as a continuing activity of the DAR in coordination with the BARC.
Posting and data processing — Upon completion of the registration in a particular barangay, a copy of the registry or list of all potential/prospective CARP beneficiaries shall be posted in the barangay hall, school or other appropriate public building(s) for a period of fifteen (15) days for validation by the public.
Within the same period, any interested party may object to the inclusion of any person in the list by appearing before the Chairman of Secretary of the BARC and stating the reason for his objection. The BARC shall render the appropriate decision in each particular case.
After the validation of the posted list, a masterlist of potential beneficiaries by landowner/landholdings and by a barangay shall be prepared, certified and submitted by the BARC to the DAR Provincial Office concerned.
To carry out the registration of farm-beneficiaries there is hereby created the following committees:
A. Executive Committee — The Executive Committee shall be headed by the Undersecretary for operations with the three Assistant Secretaries (ASECs) for Luzon, Visayas and Mindanao and the Directors of Bureau of Agrarian Reform Beneficiaries Development (BARBD). and Bureau of Land-Acquisition and Distribution (BLAD) as members thereof. (The technical staff of both BLAD and BARBD may be called upon by the Committee to provide technical assistance). The committee shall be responsible for the following:
1. Formulation and issuance of specific instructions on registration of beneficiaries.
2. Organization of task forces, at the national and field levels, for information campaign, administrative and financial support, training, monitoring, data processing etc.
3. Arrangement for the timely provision of funds and needed administrative support services.
4. Generation of Registration Forms.
5. Orientation of personnel who will be involved in the Registration Operation.
6. Monitoring of the progress and status of the Registration Operation, including development of a system for data processing and control.
B. Regional Registration Committee (RRC) — The RRC shall be organized at the Regional level and shall be headed by the Assistant Regional Director (ARD), for operation with the Chief of Operation, Regional Coordinator, and statistician as members thereof. This Committee shall be responsible for the following:
1. Administration and supervision of the conduct of the registration within the Region.
2. Planning and execution of Regionwide Information/Briefing campaign on registration of beneficiaries.
3. Ensuring timely delivery of forms, supplies and needed administrative services.
4. Monitoring progress of registration operations in the region.
C. Provincial Registration Committee (PRC) — The PRC shall be organized at the Provincial level and shall be headed by the Provincial Agrarian Reform Officer (PARO), with the Chief Agrarian Reform Program Officer (CARPO), for operation, Provincial Coordinator and Statistician as members. The PRC shall be responsible for the following:
1. Administration of the smooth and orderly conduct of registration in the province.
2. Organization of Provincial task forces for information campaign and orientation of personnel involved in registration activities.
3. Ensuring the timely delivery of registration forms and needed administrative support services at the Municipal level.
4. Monitoring the progress and status of registration within the province.
5. Ensuring the accurate and timely processing of registration data at the Provincial Data Processing Centers.
D. Municipal Registration Committee (MRC) — The MRC shall be organized at the Municipal level and shall be headed by the MARO, with the Agrarian Reform Technologist (ART), (Action Officer) BARC representative/Secretary and statistician as members. The MRC shall be responsible for the following:
1. Ensuring the timely and adequate delivery or Registration Forms and needed Administrative support services at the barangay level;
2. Supervising the conduct of registration within the Municipality in close coordination with BARC;
3. Receiving and validating summary reports and accomplished Registration Forms;
4. Preparing and submitting reports to the PRC;
5. Keeping records of registration at the Municipal level.
E. Barangay Registration Committee (BRC) — The BRC shall be organized at the Barangay level and shall be headed by the BARC Chairman, assisted by the ART (BARC Secretary) and a representative of the Barangay Council. It shall be responsible for the following:
1. Setting up/establishing registration centers and issuing registration forms to prospective registrants at the barangay level;
2. Screening the list of potential beneficiaries;
3. Ensuring the smooth and orderly conduct of farmer-beneficiary registration in the barangay;
4. Checking the accomplished registration forms;
5. Preparing the masterlist of registrants to be posted for validation by the public;
6. Preparing and submitting reports to the MRC;
7. Keeping records of registration at the barangay level.
The DAR (from MARO to RD) shall monitor the results of registration.
A masterlist of prospective and potential beneficiaries in each barangay shall be prepared and submitted by the Regional Office to the DAR Central Office.
This administrative Order shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation pursuant to Section 49 of R.A. 6657. All Orders, Circulars, Rules and Regulations inconsistent herewith are hereby revoked, amended, or modified as the case may be.
Adopted: 3 May 1989
(SGD.) PHILIP ELLA JUICO
Effective: 10 June 1989