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February 14, 1992

JOINT DAR-DENR ADMINISTRATIVE ORDER NO. 02-92

 

RULES AND PROCEDURES GOVERNING THE DISTRIBUTION OF CANCELLED OR EXPIRED PASTURE LEASE AGREEMENTS (PLAS) AND TIMBER LICENSE AGREEMENTS (TLAS) UNDER E.O. 407

 

Pursuant to Executive Order No. 407 dated 14 June 1990, the following rules and procedures on the disposition of cancelled or expired Pasture Lease Agreements (PLAs) and Timber License Agreements (TLAs) in favor of agrarian reform beneficiaries are hereby adopted:

I

Scope

This Order shall apply only to the redistribution or reallocation of lands of the public domain covered by cancelled or expired Pasture Lease Agreements (PLAs) and Timber License Agreements (TLAs) identified by the Department of Environment and Natural Resources (DENR) in favor of Agrarian Reform Beneficiaries (ARBs) either individually or collectively duly screened and verified by the Department of Agrarian Reform (DAR).   IcAaEH

II

Delineation of Responsibilities

1.         The Department of Environment and Natural Resources (DENR) shall be responsible for the following activities:

a.         Verification through the CENROs, PENROs and REDs the PLAs and TLAs which have already expired or which may be subject to cancellation for violation of regulations or non-compliance with DENR requirements;

b.         Issuance of orders cancelling the PLAs and TLAs;

c.         Notification to the DAR by the DENR Secretary that specified areas within certain cancelled/expired PLAs and TLAs, are available for CARP;

d.         Inventory, in close collaboration with the DAR, of all occupants-cultivators within the subject area;

e.         Subdivision of occupied areas into parcels of not more than 3 hectares, except in cases of collective distribution, in close coordination with the DAR representative in the Region/Province concerned;

f.          Providing the application forms and other required documents, acceptance and processing of the applications for Certificate of Stewardship (CS) under the Integrated Social Forestry (ISF) Program and collection of application fees and other dues thereon through DENR Regional Offices;

g.         Investigation and ocular inspection of the area; and

h.         reparation and approval of the Certificate of Stewardship Contract in favor of the FB.

2.         The DAR shall be responsible for the following activities:

a.         Verification if the actual occupants-cultivators within the subject have been registered as prospective beneficiaries pursuant to DAR Administrative Order No. 10, series of 1989;

b.         Screening of the prospective ARBs if not yet registered as prospective beneficiaries to determine if they are qualified;

c.         Prioritizing the registered beneficiaries giving preference to actual occupants-cultivators;

d.         Indorsing the ARBs to the DENR official concerned after verifying their qualifications; and

e.         Assistance to the ARBs in the preparation of their applications.

3.         In appropriate cases, the President, upon the recommendations of DAR, DENR, and DSWD may authorize the resettlement of the people who are victims of the natural calamities in any of the lands covered by this order.   HSCcTD

III

Procedure

1.         ENR Secretary identifies and declares that certain expired/cancelled leases are available for CARP;

2.         DAR verifies if the actual occupants-cultivators within the subject area have been registered as prospective beneficiaries pursuant to DAR Administrative Order No. 10, series of 1989.  If not, conducts an inventory of the occupants-cultivators;

3.         If there are registered prospective beneficiaries, DAR reviews the register, verifies who among them are actual occupants in coordination with DENR and prioritizes the allocation giving preference to actual occupants-cultivators;

4.         A survey of the parcels allocated to applicant/beneficiary shall be conducted by the DENR;

5.         Applicant, assisted by DAR, files his CS application, together with the certification of the Municipal Agrarian Reform Officer (MARO) in the prescribed form, at the DENR/CENRO office concerned where the are applied for is located;

6.         Applications with all required documents are received and processed by DENR/CENRO Office concerned; and

7.         The CENRO shall issue Certificate of Stewardship (CS) for areas up to three (3) hectares.

IV

Resolution of Disputes

1.         Disagreements on the qualification or eligibility of an applicant/beneficiary, on the CENRO/MARO level shall be resolved at the PENRO-PARO level.

2.         Any person who is not satisfied with the joint PENRO-PARO decision may appeal the case to the Regional level of the DENR-DAR. The Joint decision of the DENR-DAR Regional Directors shall be final.

V

Reporting of Accomplishment

The number of Certificate of Stewardship (CS) under the ISF Program, together with the hectarage, actually distributed to beneficiaries shall be included in the monthly report to the DENR Secretary and accordingly credited as accomplishment of the DENR Regional Office concerned under the CARP.

Likewise the number of beneficiaries screened by the DAR and who actually received Certificate of Stewardship (CS) from the DENR shall be reported to the DAR Secretary periodically and shall be credited as accomplishment of the DAR Regional Office concerned.   HIaSDc

VI

Effectivity

This Order takes effect immediately.

Adopted: 14 Feb. 1992

(SGD.) BENJAMIN T. LEONG
Secretary
Department of Agrarian Reform

 

(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary
Department of Environment and Natural Resources

 



CONTACT INFORMATION

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines
Tel. No.: (632) 928-7031 to 39

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