November 16, 2009
PARC EXECUTIVE COMMITTEE ADMINISTRATIVE ORDER NO. 01-09
SUBJECT : Guidelines Governing the Declaration of Certain Provinces as Priority Land Reform Areas Pursuant to Section 5 of Republic Act No. 9700
I. Prefatory Statement
Paragraph 9, Section 5 of Republic Act (RA) 9700 provides that "Land acquisition and distribution shall be completed by June 30, 2014 on a province-by-province basis. In any case, the PARC or the PARC Executive Committee (PARC ExCom), upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare certain, provinces as priority land reform areas, in which case the acquisition and distribution of private agricultural lands therein under advanced phases may be implemented ahead of the above schedules on the condition that prior phases in these provinces have been completed: Provided, That notwithstanding the above schedules, phase three (b) shall not be implemented in a particular province until at least ninety percent (90%) of the provincial balance of that particular province as of January 1, 2009 under Phase One, Phase Two (a), Phase Two (b), and Phase Three (a), excluding lands under the jurisdiction of the Department of Environment and Natural Resources (DENR), have been successfully completed". IDSEAH
Further, the PARC ExCom in its 108th Meeting issued, as one of the PARC policy directives for Land Tenure Improvement (LTI) pursuant to RA 9700, the acquisition and distribution of the remaining agricultural lands with finality within five (5) years taking into consideration, among others, "the declaration of some provinces as priority land reform areas, as recommended by the PARCCOM, wherein advance phases may be implemented ahead of schedule on the condition that prior phases in these provinces have been completed".
II. Coverage
This guidelines will cover the procedures and data requirements in the declaration of certain provinces as "priority land reform areas" which will enable them to: (1) advance to the acquisition and distribution of landholdings enumerated under the next phase of implementation or (2) advance to the acquisition and distribution of landholdings covered under phase 3-b implementation based on the conditions cited under paragraph 9, section 5 of RA 9700.
III. Definition of Terms
A. Provincial LAD Scope — refers to the magnitude of the lands that have been distributed as of June 30, 2009 under the Comprehensive Agrarian Reform Program (CARP) and those targeted to be acquired and distributed within the five-year extension period starting July 01, 2009 to June 30, 2014 pursuant to RA 9700.
B. Provincial LAD Scope Balance by Phase — refers to the remaining areas for acquisition and distribution under the different phases as provided for under Section 5 of RA 9700.
C. Priority Land Reform Area — a province which can advance to the next phase of land acquisition and distribution (LAD) implementation having completed the acquisition and distribution of the lands under the previous phases or a province which can already implement phase 3-b having satisfied the 90% completion requirements as provided for under paragraph 9, Section 5 of RA 9700.
D. Program Implementation by Phase — refers to the prescribed period/time line that the remaining unacquired and undistributed landholdings for the five-year of extension period can be acquired and distributed as provided for under RA 9700, as follows:
1. Phase One — July 1, 2009 to June 30, 2012
a. All private agricultural lands (PALs) with aggregate landholdings in excess of 50 hectares which have already been subjected to a Notice of Coverage (NOC) issued on or before December 10, 2008
b. Rice and corn lands under PD 27
c. All idle and abandoned lands
d. All lands voluntary offered by the landowners
e. Voluntary land transfer (VLT) lands submitted by June 30, 2009 aSTcCE
f. All lands foreclosed by Government Financial Institutions (GFIs)
g. All lands acquired by the Presidential Commission on Good Government (PCGG)
h. All other lands owned by the government devoted to or suitable for agriculture
2. Phase Two (a) — July 1, 2009 to June 30, 2012
a. All PALs of landowners with aggregate landholdings above twenty four (24) hectares up to fifty (50) hectares which have already been subjected to a NOC issued on or before December 10, 2008
b. All alienable and disposable (A&D) public agricultural lands
c. All arable public agricultural lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6, Article XIII of the Constitution
d. All public agricultural lands which are to be opened for new development and resettlement
3. Phase Two (b) — July 1, 2012 to June 30, 2013
a. All remaining PALs of landowners with aggregate landholdings in excess of twenty four (24) hectares which have not yet been subjected to NOC
4. Phase Three (a) — July 1, 2012 to June 30, 2013
a. Lands of landowners with aggregate landholdings above ten (10) hectares up to twenty four (24) hectares, in so far as the excess hectarage above (10) hectares is concerned
5. Phase "Three (b) — July 1, 2013 to June 30, 2014
a. Lands of landowners with aggregate landholdings from the retention limit up to ten (10) hectares
IV. Policy Statement
A. In consideration of the scope and time frame for the completion of LAD as prescribed under RA 9700, the PARCCOMs and other concerned units shall accordingly prioritize the implementation of this legal mandate pursuant to RA 9700.
B. As a general rule, the phases of LAD shall follow the prescribed period as provided for under Section 5 of RA 9700. As an exemption, however, certain provinces can be declared as "Priority Land Reform Area" by the PARC ExCom, as recommended by the PARCCOM, in two (2) situations:
1. If said province has completed the acquisition and distribution of all the lands under prior phase before the end of the prescribed period, hence, it can already advance to acquire and distribute landholdings covered in the next phase.
2. A province which has completed ninety (90) percent of the provincial balance as of January 01, 2009 under phase one, phase two-a, phase two-b, and phase three-a, excluding lands under the jurisdiction of the DENR, could also be declared as "Priority Land Reform Area" and can already implement phase 3-b. aTSEcA
C. The PARCCOM shall ensure the smooth implementation of LAD by phase through close monitoring. It shall facilitate the resolution of issues, concerns and problems, which cause delay in the coverage of targeted landholdings within the period specified under Section 5 of RA 9700, at the provincial or regional level. The PARCCOM shall also elevate to the national level (PARC ExCom), through the PARC Secretariat, unresolved issues which may hamper its province to advance to the next phase.
D. For consistency and efficiency in pursuing this new role of the PARCCOM, as mandated under RA 9700, the PARCCOM Secretariat shall, at all stages, provide all the necessary administrative and technical support to the PARCCOM.
E. In implementing its new role, the PARCCOMs and other concerned units shall be guided by Sections 24, particularly item (h), and 25 of RA 9700 which pertain to the prohibited acts and omission and penalties, respectively.
V. Operating Procedures
A. Evaluation of the Province as a "Priority Land Reform Area"
1. The PARC Secretariat shall orient the PARCCOMs, together with the Provincial Agrarian Reform Officers (PAROs), Provincial Chief Agrarian Reform Program Officers (CARPOs) for Operation and Heads of the PARCCOM Secretariat on the implementation of these guidelines.
2. After the orientation, the PARCCOM shall immediately meet and formulate action plan/time table to carry out its new mandated role which will start with the presentation of the data required by the PARO until such time that the PARCCOM Resolution is submitted to the PARC ExCom through its Secretariat.
3. In accordance with said time table, the PARO shall provide the PARCCOM with the data requirements, using Forms 1 and 1-a, including the supporting documents, as follows:
a. LAD accomplishment of the province by municipality/barangay broken down by phase beginning 01 January 2009 and supported by the duly certified list of the CLOAs containing the names of ARBs installed, area, location and crops planted. The certified photocopies of distributed EPs/CLOAs which are compiled at the DARPO shall be made available for the PARCCOM's reference, upon request.
b. Validated provincial scope balance as of 01 July 2009 for second semester implementation and as of 31 December of every year thereafter. It must be broken down into annual targets, and by phase and supported by a list of landholdings/landowners with pertinent information such as title number, area, location, and crops planted. Also, it must be supported by duly certified photocopy of the titles generated by the DAR from the Registry of Deeds (RODs). SEIacA
4. When deemed necessary, the PARCCOM may validate the authenticity of the data presented by the PARO. It may also call on the DAR, through the concerned PARO, and other CARP Implementing Agencies (CIAs) within the province to explain any discrepancy and/or to provide the lacking information or data requirements.
5. If already satisfied with the validity of the data presented, the PARCCOM shall proceed with their evaluation if the province can be recommended as "Priority Land Reform Area" under the following conditions:
a. The province has completed a prior phase, hence, may already implement the LAD under an advance phase prior to the prescribed period; as cited in item IV-B.1
b. The province can already implement phase three-b based on the conditions cited under IV-B.2
6. Upon evaluation, the PARCCOM shall formulate its recommendation to be embodied in a PARCCOM Resolution using the attached Form 2 or Form 2-a, whichever is applicable. To be considered as officially passed, the Resolution must bear the signatures of a simple majority of the entire PARCCOM membership. The signatories, however, shall include at least anyone of the ex officio members i.e., LBP, DENR, DA/PAO.
7. The PARCCOM shall submit its Resolution, together with the data (Forms 1 and 1-a) and other supporting documents to the PARC ExCom, through the PARC Secretariat.
8. The PARC Secretariat shall review the merit of the PARCCOM's recommendation as well as the completeness of the supporting documents within fifteen (15) days upon receipt before endorsing them to the PARC ExCom for its approval.
9. Upon deliberation and approval, the PARC ExCom shall declare a certain province as Priority Land Reform Area through the issuance of a PARC ExCom Resolution.
10. In case of disapproval, the PARCCOM will undergo the same process with stricter adherence to the step by step requirements.
B. Monitoring of the LAD Implementation
1. Using the attached Form 3 and Form 3-a, the PARCCOM shall monitor the LAD implementation by the DAR and other CIAs in accordance to the phases presented under RA 9700 to determine if the province can already advance to the next phase of LAD.
2. The PARCCOM shall take note of all the issues/problems which may derail the coverage of certain landholdings and call on the assistance of concerned agencies within the province to resolve these issues. In case that these issues cannot be resolved at their level and even at the regional level, the PARCCOM must immediately elevate them to the PARC ExCom, through the PARC Secretariat.
3. The PARCCOM Secretariat shall establish a filing system of the reports and other related documents and shall update the data regularly. ECcTaH
4. The PARC Secretariat shall facilitate the resolution of issues elevated by the PARCCOM by endorsing them to the concerned agencies at the national level or submit them to the PARC ExCom for resolution.
VI. Reporting and Monitoring
For reporting and monitoring purposes, the PARCCOM shall furnish the PARC ExCom through the PARC Secretariat, a copy of the filled up monitoring Form 3 and Form 3-a. These reports shall be submitted not later than 15 days after the end of the quarter. The PARC Secretariat shall consolidate these reports and the issues reported, and submit them to the PARC ExCom.
VII. Repealing Clause
All orders, circulars, rules and regulations inconsistent herewith are hereby revoked, amended or modified as the case may be.
VIII. Effectivity
This Administrative Order shall take effect ten (10) days upon publication in two (2) newspapers of general circulation.
Diliman, Quezon City, November 16, 2009.
(SGD.) NASSER C. PANGANDAMAN
DAR Secretary and Chairman, PARC Executive Committee
ATTACHMENT
Form 1
SUMMARY OF VALIDATED LAD SCOPE BALANCE
(AS OF JANUARY 1, 2009)
Province: ____________
No. of Municipalities: ___________
LAD Scope Balance Accomplishment Beginning Scope Balance
Program Implementation (January 1, 2009) (January-June 2009) (As of July 1, 2009)
by Phase/Coverage (2) (3) (4)=2-3
(1) Area Estimated Area ARBs Area ARBs
(Ha.) ARBs (No.) (Ha.) (No.) (Ha.) (No.)
Phase I (July 1, 2009-
June 30, 2012)
• PALS with aggregate
landholdings in
excess of 50 hectares
with notice of coverage
as of Dec. 10, 2008
• Rice and Corn lands
under PD 27 (OLT)
• Idle and Abandoned
lands cTDaEH
• All lands voluntary
offered by the
landowners (VOS)
• Voluntary Land
Transfer submitted
by June 30, 2009
(VLT)
• Lands Foreclosed
by Government
Financial
Institutions (GFIs)
• All lands acquired
by PCGG
• All other govt.
lands devoted to
or suitable for
agriculture (GOL)
Phase II — A (July 1,
2009-June 30, 2012)
• PAL above 24 to 50
hectares with notice
of coverage as of
Dec. 10, 2008
Phase II — B (July 1,
2012-June 30, 2013)
• All remaining PAL
with aggregate
landholdings in
excess of 24
hectares without
notice of coverage
Phase III — A (July 1,
2012-June 30, 2013)
- All PAL with
aggregate above
10 to 24 hectares,
in so far as the
excess hectarage
above 10 hectares
is concerned CTcSAE
Phase III — B (July 1,
2013-June 30, 2014)
• PAL with aggregate
landholdings from
retention limit up
to 10 hectares
TOTAL
Prepared by: _____________________ Approved and Certified Correct By: _________________
CARPO for Operation/ PARO
PMEU Head
Date: ____________/___________ Date: _________________
Form 1-A
VALIDATED PROVINCIAL SCOPE BALANCE BY INDIVIDUAL LANDHOLDING
(BEGINNING JULY 01, 2009)
Province: ______________
Municipality: __________
Program Implementation Proof of Land Total Area
By Phase/Name of Landowner Location Ownership (Title, TD, etc.) (Ha.) Crops Planted
Phase 1 (July 1, 2009-June
30, 2012)
• PALs with aggregate
landholdings in excess
of 50 hectares with
notice of coverage as
of Dec. 10, 2008
• Rice and Corn lands
under PD 27 (OLT)
• Idle and Abandoned
lands
• All private lands
voluntarily offered
by the owners (VOS)
• Voluntary Land
Transfer submitted
by June 30, 2009
(VLT)
• Lands Foreclosed
by Government
Financial Institutions
(GFIs)
• All lands acquired
by PCGG aEHASI
• All other govt.
lands devoted
to or suitable for
agriculture (GOL)
Sub-total
Phase II — A (July 1, 2009
-June 30, 2012)
• PAL above 24 to 50
hectares with notice
of coverage as of
Dec. 10, 2008
Phase 11 — B (July 1,
2012-June 30, 2013)
• All remaining PAL
with aggregate
landholdings in
excess of 24
hectares without
notice of coverage
Sub-total
Phase III — A (July 1,
2012-June 30, 2013)
• All PAL with
aggregate above
10 to 24 hectares,
in so far as the
excess hectarage
above 10 hectares
is concerned
Phase III — B (July 1,
2013-June 30, 2014)
• PAL with
aggregate
landholdings
from retention
limit up to 10
hectares
Sub-total
Total
Prepared by: __________________ Approved and Certified Correct By: ___________________
CARPO for Operation PARO
Date: _________________ Date: ________________
Form 2
PARCCOM RESOLUTION NO. ______, Series of 2009
A RESOLUTION RECOMMENDING TO THE PARC EXECUTIVE COMMITTEE THE DECLARATION OF THE PROVINCE OF ____________ AS PRIORITY LAND REFORM AREA
WHEREAS, Paragraph 9, Section 5 of Republic Act (RA) 9700 provides that "Land acquisition and distribution shall be completed by June 30, 2014 on a province-by-province basis. In any case, the PARC or the PARC Executive Committee (PARC ExCom), upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare certain provinces as priority land reform areas, in which case the acquisition and distribution of private agricultural lands therein under advanced phases may be implemented ahead of the above schedules on the condition that prior phases in these provinces have been completed: Provided, That notwithstanding the above schedules, phase three (b) shall not be implemented in a particular province until at least ninety percent (90%) of the provincial balance of that particular province as of January 1, 2009 under Phase One, Phase Two (a), Phase Two (b), and Phase Three (a), excluding lands under the jurisdiction of the Department of Environment and Natural Resources (DENR), have been successfully completed"; cSEaDA
WHEREAS, the land acquisition and distribution (LAD) of all land types provided for under Section 5 of RA 9700, amending Section 7 of RA 6657 under phase __________ have been completed based on the accomplishment reports presented by the DAR Provincial Office and other CARP Implementing Agencies (CIAs) to the PARCCOM and duly supported by the required documents;
WHEREAS, the LAD implementation in the province of _____ has to proceed to the next phase so that the implementation of the Comprehensive Agrarian Reform Program (CARP) in said province shall be fast tracked and thus, achieved the goal of promoting social justice to the Agrarian Reform Beneficiaries (ARBs) in the area;
NOW THEREFORE, on motion duly seconded;
RESOLVED, AS IT IS HEREBY RESOLVED, THAT THE PARCCOM APPROVES, to recommend to the PARC Executive Committee the declaration of the Province of __________ as Priority Land Reform Area and to authorize it to proceed to LAD implementation under phase ______;
UNANIMOUSLY APPROVED.
Form 2-a
PARCCOM RESOLUTION NO. ___________, Series of 2009
A RESOLUTION RECOMMENDING TO THE PARC EXECUTIVE COMMITTEE THE DECLARATION OF THE PROVINCE OF _______ AS PRIORITY LAND REFORM AREA
WHEREAS, Paragraph 9, Section 5 of Republic Act (RA) 9700 provides that "Land acquisition and distribution shall be completed by June 30, 2014 Executive Committee (PARC ExCom), upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare certain provinces as priority land reform areas, in which case the acquisition and distribution of private agricultural lands therein under advanced phases may be implemented ahead of the above schedules on the condition that prior phases in these provinces have been completed: Provided, That notwithstanding the above schedules, phase three (b) shall not be implemented in a particular province until at least ninety percent (90%) of the provincial balance of that particular province as of January 1, 2009 under Phase One, Phase Two (a), Phase Two (b), and Phase Three (a), excluding lands under the jurisdiction of the Department of Environment and Natural Resources (DENR), have been successfully completed";
WHEREAS, the land acquisition and distribution (LAD) in the province of ________________ has already reached ninety percent (90%) of the provincial balance involving the different types of land under phase 1, phase 2-a, phase 2-b, and phase 3-a as of January 01, 2009 based on the accomplishment reports presented by the DAR Provincial Office (DARPO) and other CARP Implementing Agencies (CIAs) to the PARCCOM and duly supported by the required documents;
WHEREAS, the LAD implementation in the province of ___________ has to proceed to phase 3-B so that the implementation of the Comprehensive Agrarian Reform Program (CARP) in said province shall be fast tracked and thus, achieve the goal of promoting social justice to the Agrarian Reform Beneficiaries (ARBs) in the area;
NOW THEREFORE, on motion duly seconded;
RESOLVED, AS IT IS HEREBY RESOLVED, THAT THE PARCCOM APPROVES, to recommend to the PARC Executive Committee the declaration of the Province of _______________ as Priority Land Reform Area and to authorize it to proceed to LAD implementation under phase 3-b;
UNANIMOUSLY APPROVED. TAECSD
Form 3
PROGRESS REPORT ON LAND ACQUISITION AND DISTRIBUTION IMPLEMENTATION BY PHASE
Form 3-a
ISSUES AND CONCERNS ON THE IMPLEMENTATION OF LAD BY PHASE
