Department of Agrarian Reform

SUBJECT : CY 2003 Guidelines on the Identification, Screening and Selection of, and Distribution to
Agrarian Reform Beneficiaries (ARBs) of Private Agricultural Lands Under Republic Act (R.A.) No. 6657.

Pursuant to Section 4, Article XIII of the Constitution, as restated in Section 2, Paragraph 3 of Republic Act (R.A.) No. 6657, also known as the Comprehensive Agrarian Reform Law (CARL), the agrarian reform program is founded on the rights of farmers and regular farmworkers who are landless to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. In all cases, the security of tenure on the land of the farmers and farmworkers prior to the approval of R.A. No. 6657 shall be respected. TcEaDS

The revised rules and regulations on identification, screening and selection of, and distribution to Agrarian Reform Beneficiaries (ARBs) of private agricultural lands under R.A. No. 6657 are hereby promulgated to define the parameters and qualifications which shall be used in identifying the ARBs who are qualified to receive the Certificates of Land Ownership Award (CLOAs).

ARTICLE I

General Provisions

SECTION 1. Coverage. This Administrative Order (A.O.) shall govern the identification, screening and selection of landless ARBs who may own individually or collectively the lands they till or receive a just share of the fruits thereof, and the distribution of all private agricultural lands, including the improvements thereon and/or other facilities acquired under R.A. No. 6657 and lands under Executive Order (E.O.) No. 407 as amended by E.O. No. 448, as amended.

SECTION 2. Statement of Policies.

2.1 Upon land acquisition, the government, through the Department of Agrarian Reform (DAR), shall immediately take steps to distribute the land to qualified beneficiaries and to make available support and coordinative services to enhance productivity.

2.2 Qualified beneficiaries shall include those determined/identified during the DAR's actual investigation and documentation as landless residents of the same barangay or in the absence thereof, landless residents of the same municipality, following the order of priority in Section 22 of R.A. No. 6657, to wit:

2.2.1 agricultural lessees and share tenants;

2.2.2 regular farmworkers;

2.2.3 seasonal farmworkers;

2.2.4 other farmworkers;

2.2.5 actual tillers or occupants of public lands;

2.2.6 collective or cooperatives of the above beneficiaries; and

2.2.7 others directly working on the land.

Provided, however, that the children of landowners who are qualified under Section 6 of R.A. No. 6657 shall be given preference in the distribution of the land of their parents as evidenced by a Certificate of Land Ownership Award (CLOA); Provided further, that actual tenant-tillers in the landholding shall not be ejected or removed therefrom.

A landless beneficiary is one who owns less than three (3) hectares of agricultural land.

2.3 In all cases, the aggregate award to a qualified beneficiary shall not exceed the limit of three (3) hectares and his total land ownership as a result of the award shall not exceed three (3) hectares. However, a qualified beneficiary may be awarded an area in excess of the three (3) hectare award ceiling only if:

2.3.1 the excess is negligible (e.g., 0.0975, 0.0099 hectare); and

2.3.2 it would be technically and administratively impractical to allocate the same to another qualified beneficiary.

2.4 Equitable distribution of the land shall be observed subject to the following considerations:

2.4.1 Actual occupancy of a tenant shall be the basis of the award, provided it does not exceed three (3) hectares;

2.4.2 After the tenants and/or actual occupants have been awarded the maximum area of three (3) hectares, the continuous cultivation of lands in excess of the award limit shall be strictly prohibited. The excess area shall be distributed to other qualified beneficiaries. However, the tenant/occupant shall be given reasonable time to harvest the produce of his/her crop subject to the rules on standing crops.

2.4.3 For untenanted land, all the farmworkers therein as qualified under Article II hereof, shall be considered as potential beneficiaries in the estate, provided that the proportional share of each will not exceed three (3) hectares, otherwise, additional farmworkers shall be considered.

2.4.4 For unoccupied lands, each identified beneficiary may be allowed the award ceiling of three (3) hectares, provided there are enough lands for distribution under CARP in the barangay to accommodate others who are equally qualified but who may not have been considered as awardees in the land under acquisition.

2.4.5 If due to the excessive number of tenants, lessees and/or farmworkers, the landholding acquired is not sufficient to accommodate some of the qualified beneficiaries, they may be granted ownership of other lands within the municipality available for distribution under CARL (i.e., excess land).

2.4.6 Tenants in the retained areas shall be given preference in other landholdings subject to those who are already in place, in accordance with Section 6 of R.A. No. 6657.

2.5 In general, lands shall be distributed directly to individual qualified beneficiaries. In case it is not economically feasible and sound to divide the lands, then it shall be owned collectively by the qualified beneficiaries who shall form a cooperative or association.

2.6 To facilitate the distribution of lands, this shall preferably be transferred collectively to groups of qualified beneficiaries. The qualified beneficiaries may opt for collective ownership, such as co-ownership or farmers cooperative or some other form of collective organization; Provided, That the total area that may be awarded shall not exceed the total number of co-owners or members of the cooperative or collective organization multiplied by the award limit of three (3) hectares, except in meritorious cases as may be determined by Presidential Agrarian Reform Council (PARC). Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization, as the case may be.

2.7 For purposes of this A.O. the Rules on Co-ownership under Articles 484 to 501 of the New Civil Code of the Philippines shall suppletory govern the property relations as mentioned in Section 25 of R.A. No. 6657, co-ownership or some other forms of collective ownership, except farmers cooperative under commercial farms. (LAD-ID SCRN & DSTRN Annex "A").

2.8 The farmworkers who are husband and wife may be entitled to three (3) hectares each provided that they qualify as RBs as individuals and that their vested rights to the land have been duly established. A separate CLOA shall be issued to each spouse.

2.9 All farmworkers, regardless of classification, but excluding those holding managerial or supervisory positions in the agricultural enterprise or corporation at the time of the effectivity of the CARL or on June 15, 1988 may qualify as ARBs.

2.10 In the event that there are enough agricultural lands for distribution and following the order of priority under Section 22 of R.A. No. 6657, the farmworker-beneficiaries, who are in or hired at the commercial farm on or prior to 15 June 1988 shall have the priority of award of a maximum of three (3) hectares.

On the other hand, farmworkers who were hired after the effectivity of CARL shall be accommodated based on their length of service reckoned from 15 June 1988, and subject to Section 4 of this A.O.

2.11 If the land is not sufficient, only the bonafide farmworkers as of 15 June 1988 shall be accommodated or qualified as ARBs.

2.12 Any potential ARB who fails to signify his/her interest to be an ARB before the expiration of the fifteen (15) day posting of the masterlist of ARBs by the Beneficiary Screening Committee (BSC) or the DAR Municipal Office (DARMO) is deemed to have waived his/her right to be an ARB.

2.13 If threat or intimidation by the former landowner is the cause of such failure to signify interest, the potential ARB waives his/her right to be an ARB if he/she fails to report in writing such threat or intimidation to any DAR office within thirty (30) days from the last day of public posting of the masterlist of ARBs by the Beneficiary Screening Committee (BSC) or DARMO.

2.14 Petitions and/or protests for inclusion in and exclusion from the masterlist of ARBs shall be governed by the rules for agrarian law implementation cases. In case of petitions/protests where the registered CLOAs have been distributed, the Department of Agrarian Reform Adjudication Board (DARAB) Rules of Procedures shall apply.

2.15 Upon receipt by the landowner of the corresponding payment or, in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in agrarian reform bonds in accordance with Section 16 (e) of R.A. No. 6657, the ARBs may be installed at the time the DAR takes possession of the land, or upon transfer of the title of the land in the name of the Republic of the Philippines, provided that the landowner shall be given a reasonable time to harvest the standing crops unharvested pursuant to Section 28 of R.A. No. 6657.

2.16 In the case of commercial farms, no potential ARBs shall take possession or prematurely enter landholdings subject of CARP coverage or with issued Notices of Coverage by DAR.

2.17 The existence of labor-related problems between the landowner and the farmworkers, and questions on the ownership of the subject landholding and payment of just compensation shall in no case deter or delay the process of land acquisition and distribution of the landholding.

2.18 Land improvements and facilities such as roads, bridges, warehouses, irrigation systems and the like, for common use and benefit as may be defined by DAR, may be transferred through a Farmers' Association or Cooperative, or in the absence thereof, through co-ownership, as far as practicable.

2.19 The processing of identification and screening of potential ARBs shall be held in abeyance until after the lapse of the sixty (60) day period from receipt of the notice of coverage as provided under DAR A.O. No. 1, Series of 2003 titled, "2003 Rules Governing Issuance of Notice of Coverage and Acquisition of Agricultural Lands Under R.A. No. 6657", or upon the final determination by authorized agency of the petition for retention exclusion and exemption, if any were filed.

SECTION 3. Definitions of Terms

(a) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship, or otherwise, over land devoted to agriculture, including disputes concerning farmworkers' associations, or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms and conditions of such tenurial arrangements.

It includes any controversy relating to compensation of lands acquired under R.A. No. 6657 and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other ARBs, whether the disputants stand in proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.

(b) Award is the issuance of title as evidenced by the CLOA to qualified agrarian reform beneficiaries.

(c) Bandillo means of making a public announcement using any form of public address system or any indigenous or local improvised instrument like hornpipe or megaphone.

(d) Cooperatives shall refer to organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources and operate on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person.

(e) Farmworker refers to a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or "pakyaw" basis. The term includes 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.

(f) Labor Dispute includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(g) Managerial or Supervisory Employee is a natural person who is employed in an agricultural enterprise or farm and is vested with powers or prerogatives to: (1) lay down and execute management policies; (2) hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees; and/or (3) effectively recommend such managerial actions.

(h) Regular Farmworker refers to a. natural person who is employed on a permanent basis by an agricultural enterprise or farm.

(i) Seasonal Farmworker refers to a natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as "dumaan," "sacada," and the like.

(j) Technical Farmworker refers to a natural person employed by an agricultural enterprise or farm, who is highly educated and trained, and performs functions in the fields of science, engineering, medicine, education/training and other related areas, but who is not vested with managerial or supervisory functions. Example of such employees are chemists, agronomists, veterinarians, soil analyst and the like.

(k) Other Farmworkers refer to farmworkers who do not fall under paragraphs (g), (h), (i), and (j) of this Section.

(l) Standing Crop refers to harvestable agricultural produce or a portion thereof (e.g., fruits, sap, root) normally harvested for such particular crop growing on the land at the time the DAR takes possession thereof.

(m) Substantially Equivalent and Regular Employment shall mean any employment or profession from which the applicant farmer derives income equivalent to the income of a regular farmworker in the deferred farm for at least one year before June 15, 1988.

(n) Vested Right is some right or interest in property that has been fixed and established, and is no longer open to doubt or controversy.

ARTICLE II

Qualification and Disqualification of ARBs

SECTION 4. Qualifications. Only those who meet the following qualifications shall be eligible as beneficiaries:

4.1 General Qualifications. All agrarian reform beneficiaries must be:

4.1.1 Landless as defined by R.A. No. 6657;

4.1.2 Filipino citizen;

4.1.3 Permanent resident of the barangay and/or municipality, if applicable. c

4.1.4 At least fifteen (15) years of age or head of family at the time of acquisition of the property (titled in the name of the Republic of the Philippines), or at least 18 years old as of 15 June 1988 in the case of Commercial Farms (CFs); and

4.1.5 Willing and have the ability and aptitude to cultivate and make the land productive.

4.2 Specific Qualifications for Farmworkers in Commercial Farms. In addition to item 4.1 above, the applicant must have been employed in the property being covered on June 15, 1988.

SECTION 5. Grounds for Disqualification/Exclusion. The following shall be the grounds for disqualification/exclusion as ARBs of the CARP:

5.1. Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657;

5.2. Non-payment of an aggregate of three (3) annual amortizations or default in payment of three (3) annual amortizations with the landowner (LO) that resulted to the foreclosure of mortgage on the awarded land by the LBP or repossession by the landowners (in the case of voluntary land transfer/direct payment scheme or VLT/DPS) of the awarded lands except if the non-payment of the rental is due to crop failure as a result of fortuitous events per Section 36(6) of R.A. No. 3844, to the extent of seventy-five percent (75%);

5.3. Misuse or diversion of financial support services extended to them (Section 37 of R.A. No. 6657);

5.4. Negligence or misuse of the land or any support extended to them (Section 22 of R.A. No. 6657);

5.5. Material misrepresentation of the ARB's basic qualifications as provided for under Section 22 of R.A. No. 6657, P.D. No. 27, and other agrarian laws;

5.6. Sale, disposition, or abandonment of the lands awarded by government under CARP or P.D. No. 27 which is violative of the agrarian laws;

5.7. Conversion of agricultural lands to non-agricultural use without prior approval from the DAR;

5.8. Retirement from the service, whether optional or mandatory, or voluntary resignation, provided this was not attended by coercion and/or deception, and there is no case questioning said retirement or voluntary resignation by the applicant as of the date of approval of this Order;

5.9. Dismissal from the service for cause and there is no case filed questioning said dismissal as of the approval of this Order and if there is any such case, the same has been affirmed by the proper entity of government;

5.10. Obtaining a substantially equivalent and regular employment, as defined in Section 3 (m) of this A.O.;

5.11. Retrenchment from the farm and receipt of separation pay, and the retrenchment not having been appealed or questioned in the proper government entity as of the approval of this A.O.;

5.12. Execution of a waiver of right to become an ARB in exchange for due compensation and waiver not having been questioned in the proper government entity as of the approval of this A.O.;

5.13. Refusal to be listed as an ARB and to provide pertinent information as requested by the DAR in the invitation letter, which shall be construed as unwillingness on the part of the potential beneficiary to be listed;

5.14. Forcible entry into the property or illegal detainer (e.g. after beneficiaries were paid by the LO); and

5.15. Commission of any violation of the agrarian reform laws and regulations, or related issuances, as determined with finality after proper proceedings by the appropriate tribunal or agency.

ARTICLE III

Rights and Obligations of ARBs

SECTION 6. Rights and Obligations. The rights and responsibilities of the ARB shall commence from the time the DAR issues the Certificate of Land Ownership Award (CLOA). Ownership of the beneficiary shall be evidenced by the CLOA, which contains the restrictions and conditions provided for in R.A. No. 6657, and shall be registered in the Registry of Deeds (ROD) concerned and annotated on the Transfer Certificate of Title in the name of the Republic of the Philippines (RP).

6.1 ARBs have the right of usufruct over the land from the time the DAR takes actual possession of the same until the award of a CLOA.

6.2 Pending the award of the CLOA and for the purpose of establishing usufructuary rights, the DAR at the time it takes actual possession of the land, shall immediately inform the ARBs that they have been identified and qualified to receive the land.

6.3 All ARBs shall exercise the diligence of a good father of the family in the use, cultivation and maintenance of the land including the improvements thereon. Negligence, misuse, or unauthorized sale of the land or any support extended to an ARB shall be a ground for the forfeiture of his right as such.

6.4 Lands awarded to ARBs under this Act may not be sold, transferred or conveyed except through hereditary succession or to the Government, or to the LBP, or to other qualified beneficiaries for a period of ten (10) years; Provided, however, that the children or the spouse of the transferor shall have a right to repurchase the land from the government or the LBP within a period of two (2) years from the date of transfer.

6.5 ARBs have the obligation to pay the LBP in thirty (30) annual amortizations with interest at six percent (6%) per annum unless the ARB opts to accelerate payment.

ARTICLE IV

Information Campaign

SECTION 7. Information Campaign. For the effective implementation of the identification and screening of ARBs and distribution of lands, the concerned offices/units under the DAR Provincial Office shall assist the DARMO in undertaking information dissemination on the activities for the identification, screening and selection of ARBs, in coordination with the Barangay Agrarian Reform Committee (BARC), or in the absence thereof, the Barangay Council, accredited Non-Government Organization/People's Organization (NGO/PO), through "bandillo," mobile system, distribution of flyers, farmers assembly or meeting and other possible means. The information campaign shall be undertaken prior to the identification and screening of ARBs, and shall include or contain the following:

a) Constitutional rights of an ARB;

b) Qualifications/Disqualifications of a potential ARB;

c) Procedures on the identification, screening and selection of ARBs (including posting period, protests mechanism, etc.);

d) Rights and obligations of the ARB, especially the execution of an Affidavit of Waiver of Rights to Become ARB or Affidavit of Potential ARB's Refusal to be Included in the List of Potential ARBs (LAD ID, SCRN & DSTRN Form No. 4 or 4.1); and

e) Rules and procedures on the distribution of lands;

ARTICLE V

Operating Procedures

SECTION 8. Procedures for the Identification of Potential ARBs (See Annex "K" on the Process Flow). The DARMO shall:

8.1. Inform and request the concerned LO to submit the (names of his/her preferred beneficiaries (i.e., qualified children) for inclusion in the list of potential ARBs using LAD-ID, SCRN & DSTRN Annex "B" (CARP Form No. 5(a), Revised 2003).

If the LO fails to submit the names of his/her children/preferred beneficiaries within sixty (60) days from receipt of Notice of Coverage, ensure that the LO signs the Affidavit of Express Waiver of Right to Nominate Preferred Beneficiaries (LAD-ID, SCRN & DSTRN Form No. 1). In case the LO refuses to sign the above affidavit, accomplish/fill up the Affidavit of Landowner's Refusal to Execute Waiver of Rights to Nominate Preferred Beneficiaries (LAD-ID SCRN & DSTRN Form No. 1.1). In both instances, the BARC or in the absence thereof, the Barangay Council representative shall attest to the LO's execution of waiver or refusal to sign waiver.

8.2. Gather information on the names of potential beneficiaries of the subject landholding seeking for the purpose, the assistance of the BARC, or in the absence thereof, the Barangay Council and all other reliable sources of information in the community.

8.3. Cause the posting of the preliminary list of names of potential beneficiaries for a period of fifteen (15) days in at least three (3) conspicuous places:

1. in the respective barangay halls of the barangays where the landholding/s is/are located;

2. in the municipal halls of the municipalities where the landholding/s is/are located; and

3. in other conspicuous places in the community.

The preliminary list shall be posted in a billboard made of strong materials such as weather-resistant plywood, galvanized iron, tin, panaflex, or other similar durable materials which could accommodate all the names of the potential ARBs, readable and in the local dialect understood by the residents.

The preliminary list of potential beneficiaries shall be accompanied by a general invitation written in both English/Pilipino and in the local dialect enjoining the listed potential ARBs and other concerned parties, if any, who are not yet in the initial list, to signify their intent or interest to the DARMO to be included in the preliminary list of potential ARBs (LAD-ID, SCRN & DSTRN Form No. 2) and to submit any or all of the following documents as proof of their qualification as an ARB within fifteen (15) days from posting of the said list.

a. community tax certificate (cedula) or barangay certificate indicating potential ARBs as permanent or bonafide resident of the barangay;

b. employment certificate;

c. payslips or payroll;

d. certificate of aggregate landholding from the city/municipal assessor;

e. original copy of a sworn affidavit/statement that the farmer/farmworker was under duress/threat by the landowner to support the party's right to be included in the preliminary list as an ARB;

f. voter's identification card or certified copy of voter's registration record; and

g. other identification documents with probative value.

The following documents, which may be used as basis for the qualification or disqualification of potential ARBs, may be required:

i. Original copy of waiver as beneficiary under oath or duly notarized;

ii. Original or certified copy of decision order or ruling by a court, quasi-judicial body or administrative agency in the event that there was a case related to the dismissal, retrenchment, etc. of the potential ARB;

iii. Original or certified copy of letter of resignation for farmworker beneficiaries;

iv. Original or certified copy of notice of dismissal or retrenchment for farmworker beneficiaries; or

v. Such other proof that will establish the qualifications or disqualifications of the potential beneficiary (certified true copy).

8.4. After the required period of posting, secure a Certificate of Posting Compliance from barangay/municipal officials, and/or other authorized officials in the community, indicating therein the inclusive days of posting (LAD-ID, SCRN & DSTRN Form No. 3).

8.5 Ensure that the potential ARB who fails to signify interest to be an ARB before the expiration of the fifteen (15) day posting of the master list of ARBs shall execute an Affidavit of Waiver of Rights to Become an ARB (LAD-ID, SCRN & DSTRN Form No. 4). Otherwise, accomplish the Affidavit of Potential ARB's Refusal to be Included in the List of Potential ARB (LAD-ID SCRN & DSTRN Form No. 4.1). In both instances, the BARC shall attest to the veracity of the waiver of rights by the ARB and the affidavit of the MARO.

8.6 Schedule the conduct of a meeting which shall be held not later than fifteen (15) days from the last day of posting.

8.7 Send invitation letters/liham paanyaya (LAD-ID, SCRN & DSTRN Form No. 5) by personal service or by registered mail with return card to potential beneficiaries and all those who have signified their interest for inclusion in the master list, and post a general notice (LAD-ID, SCRN & DSTRN Form No. 6) to other interested/concerned parties on the subject landholding, regarding the schedule of meeting within five (5) days from the last day of posting of the initial list of potential beneficiaries.

For invitation letters/notice of meeting served by personal service and positively acknowledged or received by the concerned potential ARB, the DARMO shall accomplish Item I (For Liham Paanyaya Received by Potential ARBs) of the Proof of Personal Service (LAD-ID, SCRN & DSTRN Form No. 7) for file. In case the potential ARB refuses to receive/accept the invitation letter/notice of meeting for whatever reason, the DARMO shall fill-up/accomplish Item II (For Liham Paanyaya Refused to be Received by Potential ARB) of the Proof of Personal Service for file.

The invitation letters/notice of Meeting shall state that the potential beneficiaries and other interested/concerned parties should bring with them the lacking documents provided under Section 8, Item 8.3 of this A.O. as proof of their qualification as an ARB, if any.

SECTION 9. Procedures on the Screening of ARBs (See Annex "L" on the Process Flow). The screening of all qualified beneficiaries for all CARP-covered lands shall subscribe to the following procedures:

9.1 The DARMO shall:

9.1.1 With the assistance of the BARC, or in the absence thereof, the Barangay Council, conduct a meeting on the scheduled date with the potential beneficiaries and undertake the following:

9.1.1.1 Explain in the local dialect to all potential beneficiaries the salient feature of this A.O.;

9.1.1.2 Interview all potential ARBs individually; and

9.1.1.3 Assist all potential beneficiary-applicants in accomplishing the Beneficiary Application Form (LAD-ID, SCRN & DSTRN Annex "C").

9.1.2 In close coordination with the BARC review and evaluate the potential beneficiaries' application forms vis-a-vis documents/evidence submitted and ensure that based on the information from the applicant himself or other persons and the foregoing, documents, the qualifications provided in Article II, Section 4 of this A.O. are met.

9.1.3 If the potential ARB qualifies as beneficiary, include his/her name in the preliminary list. However, the potential ARBs who do not meet the qualifications provided in Article II, Section 4 of this A.O. shall be excluded in the preliminary list and be informed, through personal service or registered mail with return card. (LAD-ID, SCRN & DSTRN Form No. 8).

9.1.4 Prepare the updated preliminary list of ARBs.

9.1.5 For farms other than commercial, the updated preliminary list shall serve as reference for the conduct of the field investigation by the DARMO pursuant to Section 10, Item 10.2.1 of this A.O.

For commercial farms, submit the updated preliminary list of ARBs, together with application forms and supporting documents/evidence to the Beneficiary Screening Committee (BSC) through the DAR Provincial Office (DARPO).

9.2 FOR COMMERCIAL FARMS, OTHER PLANTATION FARMS AND IDLE LANDS:

9.2.1 Beneficiary Screening Committee (BSC) — a Beneficiary Screening Committee shall be created for the purpose of screening and selecting ARBs; DHITCc

9.2.1.1 Functions:

The Beneficiary Screening Committee shall exercise exclusive original jurisdiction in evaluating qualifications, and in screening and selecting ARBs in commercial farms, other plantation farms and idle lands. In the performance of its tasks, the Committee may invite landowner representatives or representatives from people's or non-government organizations, and/or such other groups or entities in the area, to act as resource persons as may be necessary, during the selection and screening process.

9.2.1.2 Composition:

i. Provincial Agrarian Reform Officer (PARO) as Ex-Officio Chairman;

ii. Municipal Agrarian Reform Officer (MARO) concerned;

iii. Legal officer of DARPO concerned;

iv. Provincial Agrarian Reform Coordinating Committee (PARCCOM) Chairman or his duly authorized representative; and

v. BARC Chairman or his duly authorized representative, of each of the barangays where the subject landholding is situated (in case landholding covers more than one barangay).

9.2.2 The BSC Chair shall convene the Committee. The Committee shall undertake the following:

9.2.2.1 Conduct the review, verification and validation of the updated preliminary list of potential ARBs, submitted by the DARMO, on the basis of the attached application forms and other supporting documents.

9.2.2.2 Within ten (10) days from receipt from the DARMO, cause the posting of the updated preliminary list of potential ARBs for fifteen (15) days in at least three (3) conspicuous places:

a. barangay hall/s of the barangay/s where the landholding is located;

b. municipal halls where the landholding is located; and

c. other conspicuous places in the community.

The updated list, shall contain a statement written in both English/Pilipino and in the local dialect, that any person may request/petition for inclusion in or exclusion from the said list within the fifteen (15) day posting period pursuant to Section 2, Item 2.12 of this Order.

9.2.2.3 Secure Certificate of Posting Compliance from the proper municipal and barangay officials after the fifteen (15) day posting period, indicating therein the inclusive dates of posting (LAD-ID SCRN & DSTRN Form No. 3).

9.2.2.4 Schedule the conduct of public hearing for inclusion in and exclusion from the updated preliminary list of actual/potential ARBs. Such public hearings shall commence not earlier than ten (10) days nor later than ninety (90) days from the last day of posting of the updated list.

SECTION 10. Procedures on the Selection of ARBs (See Annex "M" on the Process Flow).

10.1 FOR COMMERCIAL FARMS, OTHER PLANTATION FARMS AND IDLE LANDS

The BSC shall:

10.1.1 Send by registered mail with return card, Notice of Public Hearing (LAD-ID, SCRN & DSTRN Form No. 9) to all potential ARBs.

10.1.2 Conduct the hearings on the scheduled date with those who signified intent for inclusion, parties who filed protests on the posted preliminary list of ARBs and other concerned parties.

10.1.3 Within fifteen (15) days after the public hearing, prepare the master list of ARBs (LAD-ID, SCRN & DSTRN Form No. 10). The criteria for the inclusion or exclusion of potential ARBs in or from the master list as the case may be, shall be based on Sections 4 and 5 of this A.O. All qualified ARBs are ranked in accordance with the order of priority under Section 22 of R.A. No. 6657. Lower ranking ARBs may fall into a "waiting list" category of the same master list if the subject landholding cannot accommodate all qualified ARBs in the master list.

10.1.4 Post the master list in the same manner and for the same purpose as provided under Section 8, Item 8.3 hereof.

10.1.5 In case no protest is filed within the fifteen (15) day period of posting of the master list, transmit a copy of the master list to DARMO, through the DARPO, for the corresponding preparation of Land Distribution Folder (LDF).

10.2 FOR FARMS OTHER THAN COMMERCIAL FARMS

The DARMO shall:

10.2.1 Conduct a field investigation on the subject landholding, including the identity of the potential beneficiary/ies.

10.2.2 Re-evaluate the potential beneficiaries indicated in the updated preliminary list of ARBs based on the submitted documents/evidence and the result of the field investigation.

10.2.3 In case one or more conditions provided under Section 5 hereof is present, exclude disqualified applicants from the updated preliminary list of ARBs. Thereafter, send a Notice of Disqualification, citing the reason for the disqualification, through personal delivery or registered mail with return card. (LAD-ID, SCRN & DSTRN Form No. 8)

10.2.4 Rank all qualified ARBs in accordance with the order of priority under Section 22 of R.A. No. 6657.

10.2.5 Prepare and post the master list of ARBs (LAD-ID, SCRN & DSTRN Form No. 10) for fifteen (15) days in the designated areas as provided in Section 8, Item 8.3 hereof.

10.2.6 Consolidate into one (1) folder all the documents submitted by the qualified ARBs, including the investigation report and other requirements needed in the preparation of the LDF.

10.2.7 Submit master list of ARBs and forward the LDF of the

subject landholding to the DARPO concerned.

SECTION 11. Procedures on the Resolution of Protests in the Selection of ARBs (See Annex "N" on the Process Flow).

11.1. FOR COMMERCIAL FARMS, OTHER PLANTATION FARMS AND IDLE LANDS

11.1.1 Any person or interested party may file a written protest for the inclusion in/exclusion from the master list with the DARRO, not later than fifteen (15) days from the last day of its posting;

11.1.2 Upon receipt of the protest, the DAR Regional Office (DARRO) shall order the BSC to transmit all pertinent records/documents of the case. The resolution of protest shall be in accordance with Section 11, Item 11.3 of this Order.

11.2 FOR FARMS OTHER THAN COMMERCIAL FARMS

11.2.1 Any interested party may file a written protest regarding the master list of ARBs to the DARRO, through the DARPO, not later than fifteen (15) days from the last day of its posting.

11.2.2 Upon receipt of the protest, the DARPO shall:

11.2.2.1 Conduct and prepare field investigation report; and

11.2.2.2 Transmit pertinent documents and duly signed investigation report with concomitant recommendation to DARRO.

11.3 FOR COMMERCIAL FARMS, OTHER PLANTATION FARMS, IDLE LANDS AND FARMS OTHER THAN COMMERCIAL

11.3.1 The DARRO shall conduct an investigation on the protest/petition filed to determine the merits of the case through summary proceedings;

11.3.2 The Regional Director (RD) shall resolve the protest within thirty (30) days from receipt of the BSC records of the case, or DARPO investigation report and recommendation;

11.3.3 The DARRO shall furnish the BSC/DARPO and all parties concerned a copy of the Regional Director's decision on the protest;

11.3.4 Pursuant to the RD's decision, the BSC/DARPO shall include in the master list the names of qualified potential ARBs and notify the DARMO for the preparation of the LDF. Likewise, exclude from the master list the names of disqualified potential ARBs and simultaneously inform all parties concerned of the RD's decision through registered mail or personal service.

The master list becomes final and executory after the lapse of fifteen (15) days from receipt of the Regional Director's decision on the protest, but such finality is only for the specific purpose of generating the CLOA. All ARBs in the master list who are not in the waiting list category shall be recipients of a CLOA for the subject landholding.

11.3.5 In case an appeal/motion for reconsideration is made on the Regional Director's decision/s or order/s for inclusion/exclusion of potential ARBs in/from the master list, the rules and procedures as provided under A.O. No. 3, Series of 2003 titled, "2003 Rules for Agrarian Law Implementation (ALI) Cases" shall be followed.

SECTION 12. Procedures for the Generation and Registration of Title (CLOA) (See Annex "O" on the Process Flow). Upon receipt of the Memorandum of the Regional Director to take possession of the property, together with the copy of the TCT in the name of the Republic of the Philippines and copy of Deeds of Transfer or Proof of Trust Deposit from the Land Bank of the Philippines, as the case may be, the PARO shall direct the MARO to proceed with the land distribution in accordance with the following procedures:

The DARMO shall:

12.1.1 Inform the qualified ARBs or the Farmer's Cooperative/Association of their identification as ARBs and the commencement of their usufructuary rights over the property upon verification and validation based on the master list of ARBs and Application to Purchase and Farmer's Undertakings or APFUs (LAD-ID, SCRN & DSTRN Annex "D", CARP Form No. 4 per A.O. No. 2, Series of 1996).

12.1.2 Assist ARBs in the accomplishment of FB Request for Issuance of CLOA (LAD-ID, SCRN & DSTRN Annex "E", CARP Form No. 19 per A.O. No. 2, Series of 1996).

12.1.3 In case the ARBs prefer individual ownership, determine, in coordination with the Department of Agriculture (DA) and other concerned agencies, whether the land is economically feasible and sound to divide. If the land is feasible and sound to divide, request the DARRO, through DARPO, to immediately conduct a survey of the landholding.

Upon receipt of the Approved Survey Plan (ASP) from DARPO, prepare the Land Distribution Folder (LDF)

The LDF shall contain the following documents:

12.1.3.1 Copy of the Letters to Qualified ARBs Allocating Area of Award (LAD-ID, SCRN & DSTRN Annex "F", CARP Form No. 19 per A.O. No. 10, Series of 1990);

12.1.3.2 FB's Request for Issuance of CLOA (LAD-ID, SCRN & DSTRN Annex "E", CARP Form No. 19, per A.O. No. 2, Series of 1996);

12.1.3.3 MARO's Certification (LAD-ID, SCRN & DSTRN Annex "G", CARP Form No. 20);

12.1.3.4 Copy of the Approved Survey Plan or Plan of the Property prepared and approved by a licensed Geodetic Engineer;

12.1.3.5 Copy of the TCT in the name of the Republic of the Philippines;

12.1.3.6 Copy of the Deed of Transfer or Certificate of Trust Deposit, as the case may be; and

12.1.3.7 Copy of the LDF Transmittal Memorandum (LAD-ID, SCRN & DSTRN Annex "H", CARP Form No. 21). HEcSDa

12.1.4 In case majority of the qualifying ARBs prefer collective ownership and the landholding is not feasible and sound to divide pursuant to Sections 25 and 29 of R.A. No. 6657, facilitate the organization and registration of the association or cooperative in coordination with the appropriate government agencies, i.e., Cooperative Development Authority (CDA), Securities and Exchange Commission (SEC), or appropriate non-government agencies. In addition to the requirements mentioned above, submit the following documents:

12.1.4.1 Board Resolution authorizing any member of the association or cooperative to sign the application form on behalf of the association or cooperative; and

12.1.4.2 Articles of Incorporation and By Laws of the Cooperative or Association.

12.1.5 In the event that there are two (2) or more ARB cooperatives or associations in the landholding, determine the specific area to be allotted to each cooperative or association by drawing lots in the presence of all parties concerned.

If the qualifying ARBs fail to organize themselves into a cooperative or association in accordance with the requirements of the CDA or SEC, the Civil Code principles on co-ownership shall govern the cooperative or association ownership rights and obligations.

The preparation of the LDF shall be in accordance with the third paragraph of Section 12, Item 12.1.3 of this Order.

12.1.6 Forward the LDF to DARPO.

12.2 The DARPO shall:

12.2.1 Subsequent to the receipt from DARMO of the LDF pursuant to Section 12, Item 12.1.6:

12.2.1.1 Review all documents contained in the LDF to ensure that these are complete. In the case of lacking documents, require the DARMO to submit the pertinent documents;

12.2.1.2 In case ARBs prefer collective ownership or the landholding is not feasible/sound to divide, generate a collective CLOA (Original and Owner's Duplicate Certificate and as many Co-Owner's Duplicate Certificate) for the whole landholding in favor of the Farmers' Cooperative or Association, wherein all names of the ARBs, after the lead name, which appear on the face of the certificate of title, shall be typewritten on the succeeding pages of the title, with each name numbered consecutively, from "1" onwards, alphabetically arranged and reflecting the complete names (given, middle & surnames) of the ARBs pursuant to M.C. No. 24, Series of 1996. After the last typewritten name of ARBs, and immediately below a demarcating line, the words "nothing follows" shall be typed;

In the case of individual ownership, generate a CLOA (original and owners duplicate certificate) in the name of each ARB.

12.2.1.3 Ensure that all CLOAs shall contain the following annotation of lien in favor of the Land Bank of the Philippines (LBP):

A N N O T A T I O N

The parcel of land described in this Certificate of Land Ownership Award (CLOA) is encumbered in favor of:

LAND BANK OF THE PHILIPPINES

to ensure full payment of its value pursuant to R.A. No. 6657 by the agrarian reform beneficiaries/farmer's cooperative or farmer's association named herein.

Date ___________

_____________________________

Provincial Agrarian Reform Officer

The PARO shall affix his/her initial on all copies of the CLOA (original owners and co-owners duplicate certificates in the case of collective CLOAs)

12.2.1.4 Prepare the corresponding Judicial Forms Utilization Worksheet (LAD-ID, SCRN & DSTRN Annex "I") in accordance with the systems and procedures for the requisition, issuance, utilization and accounting of EP/CLOA Judicial Forms.

12.2.1.5 File the LDF containing the supporting documents and forward the generated CLOA including Judicial Forms Utilization Worksheet to DARRO.

12.3 The DARRO shall:

12.3.1 Review and validate the generated CLOAs. If in order, the Regional Director shall affix his/her initial on all copies of the CLOAs original owner's/co-owner's duplicate;

12.3.2 In case of lacking documents, require DARPO to submit the pertinent documents;

12.3.3 Return erroneously generated CLOA to DARPO for correction. Only error-free CLOAs shall be recommended for signature of the Secretary pursuant to existing guidelines; and

12.3.4 Forward signed and sealed CLOAs and the corresponding recording sheet with transmittal memorandum to DARPO for registration.

12.4 The DARPO shall:

Upon receipt from the DARRO of the signed and sealed CLOA pursuant to Section 12, Item 12.3.4:

12.4.1 Record signed and sealed CLOAs and enter the same in the CLOA Registry Book of the Register of Deeds (ROD);

12.4.2 Cause the registration of the CLOA with the ROD;

12.4.3 Reflect title number and date of registration in the CLOA Registry Book;

12.4.4 Provide the DARMO with a certified photocopy of duplicate CLOA/title in case of collective ownership; and

12.4.5 Reproduce certified photocopies of registered Owner's/Co-Owner's Duplicate CLOA/Title and transmit the same to DARMO for distribution, retaining a copy for DARPO's future reference.

SECTION 13. Procedures on the Issuance of Title (See Annex "P" on the Process Flow).

13.1 Subsequent to the receipt from the DARPO of the registered owner's/co-owner's duplicate CLOA/title and certified photocopy of the same pursuant to Section 12, Item 12.4.5, the DARMO shall:

13.1.1 Record Owner's/Co-Owner's Duplicate CLOA/Title;

13.1.2 Prepare and submit to the LBP the Land Distribution Information Schedule (LDIS) thirty (30) days upon receipt of the CLOA;

13.1.3 Distribute Owner's/Co-Owner's Duplicate CLOA/title and ensure that these are duly received by the ARBs or Cooperative/Association;

13.1.4 Furnish the ARB a certified photocopy of co-owner's duplicate CLOA/title for collective ownership;

13.1.5 Assist ARBs in securing corresponding Tax Declaration from the Assessor/Treasurer's Office from the time the CLOA/title is distributed; and

13.1.6 Maintain a Registry Book of all CLOAs/Titles issued within the municipality and duly received by the ARBs, and prepares index card for all ARBs.

ARTICLE VI

Grounds for Re-Opening of ARB Identification and Selection

SECTION 14. Re-Opening of ARB Identification and Selection

14.1 Subsequent to the issuance of CLOAs but prior to the installation of ARBs, the Regional Director may grant due course to a sworn petition to re-open the identification, screening and selection process on the grounds of duress or threat by the landowner against the petitioner during the identification phase. After installation of the ARBs, only the Secretary may grant due course to such a petition.

14.2 Any petition to re-open the ARB identification, screening and selection process subsequent to installation shall be directly filed with the Office of the Regional Director where the property is located which shall have the exclusive jurisdiction to act on the petition. The procedures shall be in accordance with A.O. No. 3, Series of 2003 titled, "2003 Rules for Agrarian Law Implementation Cases".

The re-opening of ARB identification, screening and selection shall, however, subscribe to the provisions for qualification, disqualification, rights and obligations, and procedures prescribed under pertinent sections of this Administrative Order.

ARTICLE VII

Reporting and Monitoring

SECTION 15. Procedures on Reporting and Monitoring of CLOA Distributed to ARBs (See Annex "Q" on the Process Flow).

15.1 Based on the master list, the DARMO shall prepare and submit to the DARPO a monthly report on CLOA distributed vis-a-vis master list of ARBs using LAD-ID, SCRN & DSTRN Form No. 11 indicating name of ARBs, location, title no., lot no., area, crop planted, generation date, registration date and distribution date per landholding.

15.2 The DARPO shall.

15.2.1 Validate the DARMO report vis-a-vis the Judicial Form Utilization Worksheet (LAD-ID, SCRN & DSTRN Annex "I") and the Signing and Sealing Machine Utilization Recording/Reporting Sheet (LAD-ID, SCRN & DSTRN Annex "J") pursuant to existing guidelines on judicial forms; and

15.2.2 At the end of every quarter, consolidate and forward to BLAD-DARCO, copy furnished DARRO, the above-mentioned monthly report (LAD-ID, SCRN & DSTRN Form No. 11).

ARTICLE VIII

Final Provisions

SECTION 16. Transitory Provisions. In order to prevent delays in the identification, screening and selection of, and distribution to ARBs of private agricultural lands under R.A. No. 6657, documentation folders already forwarded to or pending in the DARRO shall continue to be processed under pertinent existing guidelines. However, all documentation folders still in the DARPO and DARMO levels at the time of effectivity of these guidelines shall be governed by this Administrative Order.

SECTION 17. Repealing Clause. This A.O. repeals A.O. No. 10, Series of 1990. All pertinent provisions of A.O. No. 6, Series of 1998 and A.O. No. 9, Series of 1998, and all other rules, regulations and issuances inconsistent herewith are hereby modified or repealed accordingly.

SECTION 18. Effectivity. This Administrative Order shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation.

Diliman, Quezon City, 18th day of December 2003.

(SGD.) ROBERTO M. PAGDANGANAN

Secretary

LIST OF LAD-ID, SCRN & DSTRN ANNEXES AND FORMS

I. ANNEXES

Ø Annex A — Rules on Co-Ownership

Ø Annex B — CARP Form No. 5(a) (Revised 2003) — Notice of Coverage

Ø Annex C — CARP Form No. 3 (Revised 2003) — Application for Actual/Prospective CARP Beneficiary

Ø Annex D — CARP Form No. 4, A.O. No. 2, Series of 1996 — Application to Purchase and Farmer's Undertaking (APFU)

Ø Annex E — CARP Form No. 19, A.O. No. 2, Series of 1996 — FB Request for Issuance of CLOA

Ø Annex F — CARP Form No. 19, A.O. No. 10, Series of 1990 (Revised 2003) — Letter to Qualified ARB Allocating Area of Award

Ø Annex G — CARP Form No. 20 — MARO's Certification

Ø Annex H — CARP Form No. 21 — LDF Transmittal Memorandum

Ø Annex I — LAD EP/CLOA Form No. 4 — Judicial Form Utilization Worksheet

Ø Annex J — LAD EP/CLOA Form No. 9 (Revised 2003) Signing and Sealing Machine Utilization Recording/Reporting Sheet

Ø Annex K — Procedures for the Identification of Potential ARBs (Section 8)

Ø Annex L — Procedures on the Screening of ARBs (Section 9)

Ø Annex M — Procedures on the Selection of ARBs (Section 10)

Ø Annex N — Procedures on the Resolution of Protests in the Selection of ARBs (Section 11)

Ø Annex O — Procedures for the Generation and Registration of Title (CLOA) (Section 12)

Ø Annex P — Procedures on the Issuance of Title (Section 13)

Ø Annex Q — Procedures on Reporting and Monitoring of CLOA Distributed to ARBs (Section 15)

II. FORMS

Ø FORM No. 1 — Affidavit of Express Waiver of Rights to Nominate Preferred Beneficiaries

Ø FORM No. 1.1 — Affidavit of Landowner's Refusal to Execute Waiver of Rights to Nominate Preferred Beneficiaries

Ø FORM No. 2 — List of Potential Beneficiaries of CARP

Ø FORM No. 3 — Certificate of Posting

Ø FORM No. 4 — Affidavit of Waiver of Rights to Become ARB

Ø FORM No. 4.1 — Affidavit of Potential ARB's Refusal to be Included in the List of Potential ARBs

Ø FORM No. 5 — Liham Paanyaya

Ø FORM No. 6 — Pahayag Pangmadla/General Notice

Ø FORM No. 7 — Proof of Personal Service

Ø FORM No. 8 — Pabatid Liham sa mga Hindi Kwalipikadong Maging Benepisyaryo ng CARP/Notice of Exclusion

Ø FORM No. 9 — Pahayag ng Pangmadlang Pulong/Pagdinig/Notice of Public Hearing

Ø FORM No. 10 — Master List of Agrarian Reform Beneficiaries

Ø FORM No. 11 — Monthly Report of Agrarian Reform Beneficiaries with CLOA ASETHC

LAD-ID, SCRN & DSTRN Annex "A"

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

RULES ON CO-OWNERSHIP

(Art. 484-501, Civil Code of the Philippines)

Pursuant to Section 2.7 of this Administrative Order _____, Series of _____, the property relations of ARBs within a collective ownership shall be governed by the Rules on Co-ownership under Articles 484 to 501 of the Civil Code of the Philippines, to wit.

ART. 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.

In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. (392.)

ART. 485. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void.

The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. (393a)

ART. 486. Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of the co-ownership may be changed by agreement, express or implied. (394a)

ART. 487. Any one of the co-owners may bring an action in ejectment. (n)

ART. 488. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. No such waiver shall be made if it is prejudicial to the co-ownership. (395a)

ART. 489. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in article 492. (n)

ART. 490. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed:

(1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each;

(2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata;

(3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. (396)

ART. 491. None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result there from. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief. (397a)

ART. 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding.

There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership.

Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common the court, at the instance of an interested party, shall order such measures as it may deemed proper, including the appointment of an administrator.

Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provisions shall apply only to the part owned in common. (398)

ART. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion, which may be allotted to him in the division upon the termination of the co-ownership. (399)

ART. 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned.

Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be extended by a new agreement.

A donor or testator may prohibit partition for a period, which shall not exceed twenty years.

Neither shall there be any partition when it is prohibited by law.

No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership. (400a)

ART 495. Notwithstanding the provisions of the proceeding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. But the co-ownership may be terminated in accordance with Article 498. (401a)

ART. 496. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. (402)

ART. 497. The creditors or assignees of the co-owners, may take part in the division of the thing owned in common and object to its being effected without their concurrence. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. (403)

ART. 498. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed. (404)

ART. 499. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude, or any other real rights belonging to them before the division was made. Personal rights belonging to them before the division was made. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition. (405)

ART. 500. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (n)

ART. 501. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. (n)

LAD-ID, SCRN & DSTRN Annex "B"

CARP Form No. 5 (a)

Revised 2003

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

NOTICE OF COVERAGE

Dear Sir/Madam:

Pursuant to Section 7 of R.A. No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, the Republic of the Philippines, thru the Department of Agrarian Reform (DAR), hereby subjects under the coverage of the Comprehensive Agrarian Reform Program your landholding with the following description:

Original or Transfer Certificate of Title (OCT or TCT): _____________

Registry of Deeds for: ______________________________________

Tax Declaration (TD): ______________________________________

Approximate Area: _____________________________ hectares

Location: _______________________________________________

In this connection, we invite you to a field investigation and/or public hearing which we shall conduct on _______________ (at least 2 weeks advance notice).

Whenever applicable, you have the right or privilege to:

1. apply for an exemption clearance or for exclusion from CARP coverage;

2. refrain an area not exceeding five (5) hectares pursuant to Section 6 of RA 6657;

3. nominate your child/ren who may qualify as beneficiary/ies to the subject landholding; and/or

4. submit evidence for determining just compensation of the subject landholding.

To exercise any of the above landowner rights/privileges, the necessary application or petition should be filed before the Government incurs any expense necessary for acquisition and distribution of the subject landholding, not later than 60 calendar days from receipt of this Notice of Coverage. Any late legal action that may be taken beyond the said 60-day period, resulting in the nullification of this CARP proceeding, shall hold you liable for the reimbursement of all expenses that the Government has spent for acquisition and distribution of the subject landholding.

Failure to file the proper application for retention within 60 days from receipt of this Notice of Coverage is deemed a waiver of the right to retention under Section 6 of RA 6657, in accordance with the applicable rules and regulations of the DAR. Within 30 days from filing of the application, you shall submit to the Municipal Agrarian Reform Officer (MARO) a sketch map of the area you wish to retain, failure to do so within said 30-day period constitutes an authorization for the MARO to choose the retention area in your behalf. The DAR may disapprove your choice of retention area if it is not compact and contiguous.

The privilege to nominate your child/ren who may qualify as beneficiary/ies is waived if you fail to submit to the MARO, within 60 days from receipt of this Notice of Coverage, the proper application with the complete names of your nominees, their addresses, birth dates, and other relevant information, in accordance with the applicable rules and regulations of the DAR.

The right to question the valuation of your landholding is waived if you fail to submit to the MARO, within 60 days from receipt of this Notice of Coverage, a Statement of Production and Net Income (Annex "A" of A. O. No. 1, Series of 2003) and other evidence necessary for determining just compensation under Section 17 of RA 6657, in accordance with the applicable rules and regulations of the DAR.

Pursuant to Executive Order No. 405, dated 14 June 1990, the DAR shall request the Land Bank of the Philippines (LBP) to determine the land value of the subject landholding. You will receive an update as soon as the DAR receives the LBP's Memorandum of Valuation.

Very truly yours,

(Name and Signature)

Municipal Agrarian Reform Officer

Attachment: Statement of Production and Net Income

Distribution of Copies:

Original - Land Owner

Duplicate - VOCF/CACF

Triplicate - For Posting

Quadruplicate - DAR Provincial Office

Quintuplicate - DARRO/File

LAD-ID, SCRN & DSTRN Annex "C"

CARP Form No. 3

Revised 2003

APPLICATION FOR ACTUAL/PROSPECTIVE CARP BENEFICIARY

LAD-ID, SCRN & DSTRN Annex "D"

CARP Form No. 4

A.O. No. 2, Series 1996

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

APPLICATION TO PURCHASE AND FARMER'S UNDERTAKING

We, the identified and qualified beneficiaries of the Comprehensive Agrarian Reform Program (CARP), do hereby apply to purchase farmlots/homelots of the parcel of land owned by _________________________ located at ___________________________.

We obligate ourselves to pay the amortization of the property computed pursuant to Section 26 of R. A. 6657 and in accordance with the prevailing and pertinent provisions of the Agrarian Reform Law, its rules and regulations. Likewise, we acknowledge and confirm that a lien by way of mortgage in favor of the LBP shall secure our obligation after LBP undertakes to finance the acquisition of the subject farmlots/homelots including interest thereon and penalties, if any.

We request that the property be awarded to us in [ ] individual ownership, [ ] co-ownership, [ ] cooperative or [ ] collective ownership. (Check appropriate box)

Finally, we obligate ourselves to comply with all the agrarian laws, rules and regulations pertaining to the acquisition and distribution of the land applied for.

In consideration of the foregoing, we hereby affix our signatures and/or right thumbmarks in this instrument.

NAME AND ADDRESS OF ARB SIGNATURE RIGHT THUMBMARK

1. ______________ ______________ ______________

2. ______________ ______________ ______________

3. ______________ ______________ ______________

4. ______________ ______________ ______________

5. ______________ ______________ ______________

NOTE: Use Additional sheets, if necessary.

We hereby certify that the above-named ARBs have voluntarily affixed their signatures and/or thumbmarks before us this ______________________ day of ______________, 20 __.

______________________ ______________________

Name & Signature Name & Signature

Agrarian Reform Program Technologist BARC Representative

Concurred by:

______________________

Name & Signature

Municipal Agrarian Reform Officer

Distribution of Copies:

Original - LDF

Duplicate - VOCF/CACF

Triplicate - LBP

Quadruplicate - DARPO

Quintuplicate - DARMO/File

LAD-ID, SCRN & DSTRN Annex "E"

CARP Form No. 19

(Per A.O. No. 2, S-1996)

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

FB REQUEST FOR ISSUANCE OF CLOA

____________

Date

The Secretary

Department of Agrarian Reform

Diliman, Quezon City

(Thru Channels)

Sir:

Pursuant to the provisions of R.A. 6657, dated June 10, 1988, and other implementing rules and regulations promulgated thereunder, we have the honor to request for the issuance of the corresponding Certificate of Landownership Award (CLOA) covering the parcel of land previously owned by __________________________ under OCT/TCT No. ____________ located at _______________________________ and awarded to us. In support hereof, we most respectfully state hereunder our names, addresses, estimated area awarded, and signatures. CAaSED

As CLOA recipients, we shall make the land awarded to us productive and we are aware that any beneficiary guilty or misuse of the land or any support extended to him shall forfeit his right to continue as a beneficiary.

We trust that this request will merit your immediate attention and due consideration.

Very respectfully yours,

Name Address Estimated Signature/

Area Thumb mark

___________ ___________ ___________ ___________

Distribution of Copies:

Original - LDF

Duplicate - ARB

Triplicate - DARPO

Quadruplicate - DARMO/File

LAD-ID, SCRN & DSTRN Annex "F"

CARP Form No. 19

(Per A.O. No. 10, S-1990)

Revised 2003

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region Office No. ____

LETTER TO QUALIFIED ARB ALLOCATING AREA OF AWARD
(FOR FARMS OTHER THAN COMMERCIAL FARMS/FOR COMMERCIAL FARMS, OTHER PLANTATION FARMS AND IDLE LANDS)

_________________

Dear ____________

Pursuant to Administrative Order No. _____, Series of __________ and on the basis of the Application to Purchase and Farmers Undertaking (APFU) which you have signed, you are hereby notified that you have been identified as a qualified beneficiary (Individual/Collective Ownership) of a portion of a parcel of land covering an area of ______________________ (ha.) more or less, owned by _________________________ and located at ______________________________________________________________ (Barangay) (Municipality) (Province)

The said portion is part of the subject parcel of land more particularly bounded and described thus: ________________________________________ with TCT/OCT No. __________ Tax Declaration No. ______________ issued at __________________________, dated ______________. That by authority of the provisions of Republic Act (R.A.) No. 6657 and R.A. No. 6938 or the Cooperative Code of the Philippines, this instrument hereby grants you all the rights and privileges and obliges you all the duties and responsibilities appurtenant to the portion awarded in your favor through individual or collective CLOA.

____________________________

Name & Signature

Municipal Agrarian Reform Officer

Distribution of Copies:

Original - ARB

Duplicate - LDF

Triplicate - DARPO

Quadruplicate - DARMO/File

LAD-ID, SCRN & DSTRN Annex "G"

CARP Form No. 20

A.O. No. 2, Series of 1996

Revised 2003

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

MARO's CERTIFICATION

TO WHOM IT MAY CONCERN:

This is to certify that the following are the FB/preferred beneficiary applicants of the landholding registered in the name of _________________ covered by OCT/TCT/TD No./s __________ with a total area of _____________________ [ ] hectares, more or less, to wit:

Name of FB/Preferred Age (If Collective Ownership) (If Individual Ownership)

Beneficiary Applicants 1 Estimated Area of Lot No. Area

Tillage

It is further certified that the above-named FB/preferred beneficiary applicants have met all the qualifications for qualified beneficiaries under Section 22 of R.A. 6657.

DONE and GIVEN this _________________ day of ___________ 20 ___.

____________________

MARO

(Name and Signature)

CONFIRMED:

__________________

PARO

(Name and Signature)

Distribution of Copies:

Original : LDF

Duplicate : ARB

Triplicate : DARPO

Quadruplicate : DARMO/File

1 Stipulate if farmer beneficiary or preferred beneficiary applicant in parenthesis

LAD-ID, SCRN & DSTRN Annex "H"

CARP Form No. 21

A.O. No. 2, Series of 1996

LDF TRANSMITTAL MEMORANDUM

FOR : The Provincial Agrarian Reform Officer
______________________________
______________________________

SUBJECT : Land Distribution Folder of
______________________________
______________________________

The attached Land Distribution Folder pertinent to the agricultural land of __________________________________ located at _____________________________ is hereby submitted with the following documents:

[ ] CARP Form No. 19 (per A.O. No. 10, Series of 1990)

[ ] CARP Form No. 19 (per A.O. No. 2, Series of 1996)

[ ] CARP Form No. 20

[ ] Approved survey plan or plan of the property prepared and approved by a licensed geodetic engineer

[ ] Certified copy of TCT in the name of RP

[ ] Certified copy of DOT

[ ] Certified copy of proof of Trust Deposit

[ ] Copy of Board Resolution (for Commercial Farms with Cooperative)

[ ] Copy of Articles of Incorporation and By-Laws (for Commercial Farms with Cooperative)

[ ] Other (specify)

__________________________________________________

________________ ____________________________

Date Name and Signature

Municipal Agrarian Reform Officer

Distribution of Copies:

Original : LDF

Duplicate : DARMO/File

LAD-ID, SCRN & DSTRN Annex "I"

LAD EP/CLOA Form No. 4

(Revised 2003)

JUDICIAL FORM UTILIZATION WORKSHEET

LAD-ID, SCRN & DSTRN Annex "J"

LAD EP/CLOA Form No. 9

(Revised 2003)

SIGNING AND SEALING MACHINE UTILIZATION RECORDING/REPORTING SHEET

ANNEX "K"

Sec. 8 Procedures on the Identification of Potential ARBs

ANNEX "L"

Sec. 9 Procedures on the Screening of Potential ARBs

ANNEX "M"

Sec. 10 Procedures on the Selection of ARBs

(For Commercial Farms, Other Plantation Farms & Idle Lands)

ANNEX "N"

Sec. 11 Procedures on the Resolution of Protests in the Selection of ARBs

ANNEX "O"

Sec. 12 Procedures on the Generation and Registration of Titles (CLOA)

ANNEX P

Sec. 13 Procedures on the Issuance of Titles

ANNEX "Q"

Sec. 15 Procedures on the Reporting and Monitoring of CLOA

LAD-ID, SCRN & DSTRN Form No. 1

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

REPUBLIC OF THE PHILIPPINES )

Province of __________________ ) S. S.

Municipality of _______________ )

AFFIDAVIT OF EXPRESS WAIVER OF RIGHTS TO NOMINATE PREFERRED BENEFICIARIES

I, ______________________ of legal age, with residence at ______________________________________, after having been duly sworn to in accordance with law, do hereby depose and say that:

1. I am an owner of an agricultural land covered by the Comprehensive Agrarian Reform Program (CARP), based on the findings of the Department of Agrarian Reform (DAR);

2. The said agricultural land is ________________________________ situated at _________________________, with an area of _________ hectares more or less;

3. I am not interested to nominate any of my children as preferred beneficiary/s under CARP of the said landholding pursuant to Section 6 of Republic Act (R.A.) No. 6657. Hence, I waive my right to nominate preferred beneficiary/ies by affixing my signature hereto;

4. I am executing this document to attest to the veracity of the foregoing statements.

Affiant further sayeth nothing.

_____________ day of ________________ at ___________________.

______________________

Affiant

Attested by:

__________________________

BARC Chairman or in the absence of

organized BARC, the Barangay

Council Representative

Witnessed by:

__________________________

SUBSCRIBED AND SWORN to before me, this ______ day of ______________, 200__, affiant exhibiting to me his/her Community Tax Certificate No. ________, issued on ___________________ at ____________________.

NOTARY PUBLIC

Doc. No. ________;

Page no. ________;

Book No. _______;

Series of ________.

Distribution of Copies:

LAD-ID, SCRN & DSTRN Form No. 1.1

AFFIDAVIT OF LANDOWNER'S REFUSAL TO EXECUTE WAIVER OF RIGHTS TO NOMINATE PREFERRED BENEFICIARIES

I, ______________________________, as the Municipal Agrarian Reform Officer (MARO) of _______________________, after having been sworn, depose and say that: DcSEHT

1. The said agricultural land is owned by _____________________ situated at _________________________, with an area of ___________ hectares, more or less;

2. On _______________, a copy of the Notice of Coverage was served to _________________________, registered owner of the agricultural land, informing the same that his/her landholding is subject of coverage under the Comprehensive Agrarian Reform Program (CARP);

3. On _______________________ after the lapsed of the sixty (60) days period for the landowner to exercise his/her rights/privileges prescribed under DAR Administrative Order No. 01, Series of 2003 titled, "2003 Rules Governing Issuance of Notice of Coverage and Acquisition of Agricultural Lands Under R.A. 6657", he/she fails and refuses to nominate his/her preferred beneficiary/ies;

4. The landowner refuses to sign the above Affidavit of Waiver of Rights to Nominate Preferred Beneficiaries.

Affiant further sayeth nothing.

_____________ day of ________________ at ____________________.

______________________

MARO/Affiant

Attested by:

__________________________

BARC Chairman or in the absence of

organized BARC, the Barangay

Council Representative

Witnessed by:

__________________________

SUBSCRIBED AND SWORN to before me, this ___________________ day of ____________, 200___, affiant exhibiting to me his/her Community Tax Certificate No. ____________ issued on at _____________________.

NOTARY PUBLIC

Doc. No. ________;

Page no. ________;

Book No. _______;

Series of ________.

Distribution of Copies:

LAD-ID, SCRN & DSTRN Form No. 2

Republic of the Philippines

Republika ng Pilipinas

DEPARTMENT OF AGRARIAN REFORM

KAGAWARAN NG REPORMANG PANSAKAHAN

Municipality of _________________

Munisipalidad ng _______________

Province of _________________

Probinsya ng _________________

LIST OF

LISTAHAN NG

POTENTIAL BENEFICIARIES OF CARP

MAAARING MAGING BENEPISYARYO NG CARP

To Whom It May Concern:

Sa Kinauukulan:

This is to inform you that based on the information gathered by the Department Ipinababatid po namin sa inyo na ayon sa mga impormasyon na nakalap ng

of Agrarian Reform Municipal Office (DARMO), the following persons

Kagawaran ng Repormang Pansakahang Pangmunisipal, ang mga sumusunod na tao ay

indicated herein have been listed in the said office as potential beneficiary of
nakatala sa aming tanggapan bilang mga maaaring maging benepisyaryo ng

the landholding covered under Comprehensive Agrarian Reform Program
lupang pansakahang na sakop ng Comprehensive Agrarian Reform Program

(CARP) owned by ______________________________________________ located at ________________________.

(CARP) na pag-aari ni ______________________________ na matatagpuan sa _______________________.

Name of Farmer Address

Pangalan ng Magsasaka Lugar ng Tirahan

1. _________________ _________________

2. _________________ _________________

3. _________________ _________________

4. _________________ _________________

5. _________________ _________________

6. _________________ _________________

7. _________________ _________________

8. _________________ _________________

9. _________________ _________________

10. _________________ _________________

All the listed farmers/farmworkers and other

Lahat ng nasa listahan na magsasaka/manggagawa sa bukid at

concerned parties who are not included, in this list but who have interests
sinuman ang kinauukulan na hindi nakatala sa listahang ito at may kaugnayan

in the said landholding, are invited to visit our office
sa nabanggit na lupa ay inaanyayahan na magsadya sa aming tanggapan

and bring the following documents as proof of qualification as an agrarian reform beneficiary of CARP within fifteen (15) days from posting of this list:
at dalhin ang mga sumusunod na dokumento na makakapagpatunay ng iyong pagkamarapat na maging isang benipisyaryo ng CARP sa loob ng labinlimang (15) araw magmula sa pagkapaskil ng listahan na ito:

a. community tax certificate (cedula);

b. barangay certificate indicating potential ARBs as permanent/bonafide residents of the barangay (sertipikasyon mula sa barangay na nagsasaad na ang maaring maging benepisyaryo ay permanenteng naninirahan sa barangay);

c. employment certificate (sertipikasyon mula sa kompanya);

d. payslips or payroll (resibo ng sahod o listahan ng pasahod);

e. certificate of aggregate landholding from the city/municipal assessor (sertipikasyon ng kabuuang pag-aaring lupain mula sa tanggapan ng pagtatasang panglungsod/pangbayan)

f. Original copy of a sworn affidavit/statement that the farmer/farmworker was under duress/threat by the landowner to support the party's right to be included in the preliminary list as an ARB (Orihinal na sipi ng sinumpaang pahayag o salaysay na ang mga magsasaka o manggagawa sa bukid ay napasailalim sa pilit na pagbabanta o pananakot ng may-ari ng lupa upang suportahan ang karapatan ng isang panig na maisama sa paunang talaan bilang benepisaryo ng repormang agraryo);

g. Voter's identification card or certified copy of voter's registration record; (Tanda ng pagkakakilanlan ng botante o kopya ng sertipikasyon ng talaan ng mga botante); and (at)

h. other identification documents with probative value (iba pang dokumento na may kaugnayan o magpapatunay na nagtrabaho o may kaugnayan sa nabanggit na lupain).

In addition to the above-mentioned documents, also submit the following as may be appropriate.(Maliban sa mga nabanggit na dokumento, pakidala din ang mga naaangkop na dokumento):

i. Original copy of waiver as beneficiary under oath or duly notarized (Orihinal na sipi ng pagpapaubaya bilang benepisaryo na pinanumpahan o tumpak na pinatunayan ng nabigyan ng kapangyarihan ng gobyerno na magsagawa ng mga panunumpa at magpatunay sa awtentisidad ng mga pirma);

j. Original or certified copy of decision order or ruling by a court, quasi-judicial body or administrative agency in the event that there was a case related to the dismissal, retrenchment, etc. of the potential ARB (Orihinal o pinatunayang sipi ng utos na hatol o hatol ng hukuman o mala-hukumang lupon o ahensiyang pampamahalaan sakaling may kaso ukol sa pagtitiwalag, pagbabawas at iba pa ng mga benepisaryong manggagawa sa bukid);

k. Original or certified copy of letter of resignation for farmworker beneficiaries (Original o pinatunayang sipi ng liham ng pagbibitiw para sa mga benepisaryong manggagawa sa bukid);

l. Original or certified copy of notice of dismissal or retrenchment for farmworker beneficiaries (Orihinal o pinatunayang sipi ng pasabing pagtitiwalag o pagbabawas para sa mga benepisaryong manggagawa sa bukid); and

m. Such other proof that will establish the qualifications or disqualifications of the prospective beneficiary (Ibang uri ng katibayang magpapatunay ng pagkamarapat o pagkawala ng karapatan ng inaasahang maging benepisaryo)

Done this ______________________ 200__.

Ginawa ngayong ika-______________, 200__.

________________________

Signature over Printed

Name of MARO

Distribution of Copies:

Pinamahaging Kopya:

Original : DARPO

Duplicate : BARC Chairman/Barangay Council

Triplicate : VOCF/CACF

Quadruplicate : DARMO/File

LAD-ID, SCRN & DSTRN Form No. 3

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Municipality of _________________

Province of _________________

CERTIFICATE OF POSTING COMPLIANCE

This is to certify that the list of names of actual/prospective beneficiaries of the subject landholding covered under the Comprehensive Agrarian Reform Program (CARP), owned by ______________________________, situated in _____________________________________, has been posted for a period of fifteen (15) days from ____________________ to _______________________.

This certification is issued as a proof that the Notice has been properly observed and posted in the Barangay and Municipal Halls, DAR Municipal Office and other designated public or conspicuous places after the lapse of the required fifteen (15) days posting period.

Done this ____________________________, 20____.

________________________________

(Signature over Printed name
of BARC Chairman, Brgy./Municipal
Official, Authorized Official of the
Community)

Distribution of Copies:

Original : DARPO

Duplicate : BARC Chairman

Triplicate : Municipal Office

Quadruplicate : DARMO/File

LAD-ID, SCRN & DSTRN Form No. 4

Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM

REPUBLIC OF THE PHILIPPINES )

Province of ________________ ) S. S.

Municipality of _______________ )

AFFIDAVIT OF WAIVER OF RIGHTS TO BECOME ARB

I, ____________________________ of legal age, with residence at _______________________________, after having been duly sworn to, in accordance with law, do hereby depose and say that:

1. I am a potential ARB of an agricultural land covered under the Comprehensive Agrarian Reform Program (CARP), based on the findings of the Department of Agrarian Reform (DAR);

2. The said agricultural land is owned by _______________________, situated at ____________________________, with an area of ____________ hectares more or less;

3. I am not interested to be listed as an ARB. Hence, I waive my right to become an ARB by affixing my signature/right hand thumbmark hereto;

4. I am executing this document to attest to the veracity of the foregoing statements.

Affiant further sayeth nothing.

______________________

Affiant

Attested by:

__________________________

BARC Chairman or in the absence

thereof, the Barangay Chairman

Witnessed by (at least two disinterested persons):

__________________________

SUBSCRIBED AND SWORN to before me, this _______ day of _________, 200__, affiant exhibiting to me his/her Community Tax Certificate No. __________ issued on _______________ at _____________________.

NOTARY PUBLIC

Doc. No. ________;

Page No. ________;

Book No. _______;

Series of ________.

Distribution of Copies:

LAD-ID, SCRN & DSTRN Form No. 4.1

AFFIDAVIT OF POTENTIAL ARB'S REFUSAL

TO BE INCLUDED IN THE LIST OF POTENTIAL ARBS

I, ______________________________, the Municipal Agrarian Reform Officer, (MARO) of the Municipality of ________________________________, after having been sworn, depose and say that:

1) _________________________, is a potential ARB of agricultural land covered under the Comprehensive Agrarian Reform Program (CARP), based on the findings of the Department of Agrarian Reform (DAR);

2) The said agricultural land is owned by _______________________, situated at ______________________, with an area of _______________ hectares more or less;

3) On ____________________, a copy of the Liham Paanyaya was properly served, through ___________ personal service or _________ registered mail (Registry Receipt No. _______ with postage fully prepaid and with the instruction to the postmaster to return the mail to the sender after ten (10) days if undelivered) to ______________________________, of legal age and resident of ______________________ informing the same to attend the scheduled meeting on __________________________, to signify his/her interest to become a beneficiary of the CARP and to submit the required documents/evidences as provided in the Liham Paanyaya;

4) Despite notices, the above potential ARB refused to apply for inclusion in the list of potential ARB or failed to signify interest to be an ARB before the expiration of the fifteen (15) day posting of the masterlist of ARBs.

____________ day of _____________________, at ______________.

______________________

MARO/Affiant

Attested by:

__________________________

BARC Chairman or in the absence

thereof, the Barangay Chairman

Witnessed by (at least two disinterested persons):

__________________________

SUBSCRIBED AND SWORN to before me, this _______ day of __________, 200___, affiant exhibiting to me his/her Community Tax Certificate No. _______________ issued on _______________ at ______________.

NOTARY PUBLIC

Doc. No. ________;

Page No. ________;

Book No. _______;

Series of ________.

Distribution of Copies:

[ ] Original : DARPO

LAD-ID, SCRN & DSTRN Form No. 5

Republika ng Pilipinas

KAGAWARAN NG REPORMANG PANSAKAHAN

Munisipalidad ng ____________

Probinsya ng ____________

LIHAM PAANYAYA

________________

Petsa

____________________

Mahal na Ginoo/Ginang:

Ipinababatid po namin sa inyong kaalaman na ang lupang pansakahan na pag-aari ni Ginoong/Ginang ______________________ na may Titulo Blg. __________, may sukat na ________________ at matatagpuan sa ______________________ ay nakatakdang sakupin ng Pambansang Batas Bilang 6657 (R.A. No. 6657) o Comprehensive Agrarian Reform Law (CARL).

Dahil dito, kayo po ay inaanyayahan na dumalo sa nakatakdang pulong/miting upang kayo ay makapanayam tungkol sa nasabing lupang pansakahan.

Petsa: _______________

Oras: _______________

Lugar: _______________

Bilang magsasaka sa lupaing ito ni ______________________ /bilang isang walang sinasakang lupain at naninirahan sa barangay _____________________________, bayan ng _____________________________ kayo ay may karapatan sa ilalim ng Saligang Batas o Konstitusyon ng Pilipinas at sa ilalim ng Pambansang Batas Bilang 6657 (R. A. No. 6657) o Comprehensive Agrarian Reform Law (CARL), at na maging isang benepisyaryo (Agrarian Reform Beneficiary o ARB) ng Comprehensive Agrarian Reform Program (CARP).

Ang hindi ninyo pagdalo sa nakatakdang pulong/miting na ito sa anumang kadahilanan ay mangangahulugan ng inyong kawalang interes na maging benepisyaryo ng Programa habang buhay.

Hinihiling din po namin na dalhin ang kaukulang dokumento na hindi pa ninyo isinumite dito sa aming opisina upang kayo ay makilala, tulad ng mga sumusunod: aHIDAE

1. Cedula;

2. Sertipikasyon mula sa barangay;

3. Sertipikasyon mula sa kompanyang pinagtatrabahohan;

4. Resibo ng sahod o listahan ng pasahod;

5. Sertipikasyon ng kabuuang pag-aaring lupain mula sa tanggapan ng pagtatasang panglungsod o pangbayan; at

6. Orihinal na sipi ng sinumpaang pahayag o salaysay na ang mga magsasaka o manggagawa sa bukid ay napasailalim sa pilit na pagbabanta o pananakot ng may-ari ng lupa upang suportahan ang karapatan ng isang panig na maisama sa paunang talaan bilang benepisaryo ng repormang agraryo;

7. Tanda ng pagkakakilanlan ng botante o kopya ng sertipikasyon ng talaan ng mga botante; at

8. Iba pang dokumento na may kaugnayan o magpapatunay na nagtrabaho o may kaugnayan sa nabanggit na lupain.

Dagdag sa mga nabanggit na dokumento, dapat din dalhin ang mga naaangkop na dokumento:

9. Orihinal na sipi ng pagpapaubaya bilang benepisyaryo na pinanumpahan o tumpak na pinatunayan ng nabigyan ng kapangyarihan ng gobyerno na magsagawa ng mga panunumpa at magpatunay sa awtentisidad ng mga pirma;

10. Orihinal o pinatunayang sipi ng utos na hatol o hatol ng hukuman o malahukumang lupon o ahensiyang pampamahalaan sakaling may kaso na may kaugnayan sa pagtitiwalag o pagbabawas ng benepisaryong manggagawa sa bukid, at iba pa;

11. Orihinal o pinatunayang sipi ng liham sa pagbibitiw para sa mga benepisaryong manggagawa sa bukid;

12. Orihinal o pinatunayang sipi ng pasabing pagpapawalang saysay o pagbabawas para sa mga benepisaryong manggagawa sa bukid;

13. Ibang uri ng katibayang magpapatunay ng pagkamarapat o pagkawala ng karapatan ng inaasahang maging benepisaryo

Ipinababatid din naming na pagkatapos ng inyong pagdalo ay gagawa ng pang-unang talaan ng magiging benipisyaryo sa nasabing lupain. At ang nasabing talaan ay ipapaskil sa loob ng labinlimang araw (15) sa mga lugar na madaling makita o mapansin. Kung sinuman ang may problema tungkol dito ay maaring makipag-ugnayan dito sa aming opisina.

Lubos na gumagalang,

_____________________________

Pangalan at Lagda ng MARO

Distribution of Copies:

Original : ARB

Duplicate : DARPO

Triplicate : VOCF/CACF

Quadruplicate : DARMO/File

LAD-ID, SCRN & DSTRN Form No. 6

Republika ng Pilipinas

KAGAWARAN NG REPORMANG PANSAKAHAN

Munisipalidad ng ____________

Probinsya ng ____________

PAHAYAG PANGMADLA

(GENERAL NOTICE)

________________

Petsa

Sa Kinauukulan:

Ipinababatid po namin sa inyong kaalaman na ang lupang pansakahan na pag-aari ni Ginoong/Ginang __________________, na may Titulo Blg. _______ may sukat na ________________ at matatagpuan sa ______________________ ay nakatakdang sakupin ng Comprehensive Agrarian Reform Program (CARP).

Ang sinuman na magsasaka o isang walang sinasakang lupain na may kaugnayan sa nasabing lupang pansakahan, ay inaanyayahan na dumalo sa nakatakdang pulong upang kayo ay makapanayam at malaman kung maaari na maging isang benipisyaryo ng CARP:

Petsa: _______________

Oras: _______________

Lugar: _______________

Ang hindi ninyo pagdalo sa nakatakdang pulong na ito sa anumang kadahilanan ay mangangahulugan ng inyong kawalang interes na maging Agrarian Reform Beneficiaries (ARBs).

Hinihiling din po namin na magdala kayo ng kaukulang dokumento upang kayo ay makilala, tulad ng mga sumusunod:

1.         Cedula;

2.         Sertipikasyon mula sa barangay;

3.         Sertipikasyon mula sa kompanyang pinagtatrabahohan;

4.         Resibo ng sahod o listahan ng pasahod;

5.         Sertipikasyon ng kabuuang pag-aaring lupain mula sa tanggapan ng pagtatasang panglungsod o pangbayan;

6.         Orihinal na sipi ng sinumpaang pahayag o salaysay na ang mga magsasaka o manggagawa sa bukid ay napasailalim sa pilit na pagbabanta o pananakot ng may-ari ng lupa upang suportahan ang karapatan ng isang panig na maisama sa paunang talaan bilang benepisaryo ng repormang agraryo;

7.         Tanda ng pagkakakilanlan ng botante o kopya ng sertipikasyon ng talaan ng mga botante; at

8.         Iba pang dokumento na may kaugnayan o magpapatunay na nagtrabaho o may kaugnayan sa nabanggit na lupain.

Dagdag sa mga nabanggit na dokumento, dapat din dalhin ang mga naaangkop na dokumento:

9.         Orihinal na sipi ng pagpapaubaya bilang benepisyaryo na pinanumpahan o tumpak na pinatunayan ng nabigyan ng kapangyarihan ng gobyerno na magsagawa ng mga panunumpa at magpatunay sa awtentisidad ng mga pirma;

10.       Orihinal o pinatunayang sipi ng utos na hatol o hatol ng hukuman o malahukumang lupon o ahensiyang pampamahalaan;

11.       Orihinal o pinatunayang sipi ng liham sa pagbibitiw para sa mga benepisaryong manggagawa sa bukid;

12.       Orihinal o pinatunayang sipi ng pasabing pagpapawalang saysay o pagbabawas para sa mga benepisaryong manggagawa sa bukid; at

13.       Ibang uri ng katibayang magpapatunay ng pagkamarapat o pagkawala ng karapatan ng inaasahang maging benepisaryo.

Lubos na gumagalang,

_____________________________

Pangalan at Lagda ng MARO

Distribution of Copies:

Original : For Party

Duplicate : DARPO

Triplicate : VOCF/CACF

Quadruplicate : DARMO/File

LAD-ID, SCRN & DSTRN Form No. 7

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Municipality of ___________________

Province of ___________________

PROOF OF PERSONAL SERVICE

I. FOR LIHAM PAANYAYA RECEIVED BY POTENTIAL ARB.

I, ______________________________, of legal age and resident of _______________________________ received the Liham Paanyaya to attend the meeting on ______________________ at ________________________ regarding the agricultural land owned by and registered in the name of ________________________________, with OCT/TCT No. ____________________, situated at _____________________, with an area of ___________________ hectares more or less. The said Liham Paanyaya is addressed to Mr./Ms. ______________________ and delivered by ______________________ of DAR Municipal Office of _________________________, Province of _________________ on ____________ at ________________.

______________________________

Signature over Printed Name

II. FOR LIHAM PAANYAYA REFUSED TO BE RECEIVED BY POTENTIAL ARB.

This is to attest that ________________________, identified as one of the potential Agrarian Reform Beneficiaries (ARBs), refused to receive the Liham Paanyaya inviting him/her to attend the meeting on ____________________ at _____________________ regarding the agricultural land owned by and registered in the name of _____________________, with OCT/TCT No. ______________, situated at _____________________, with an area of _______________ hectares more or less. The subject landholding is covered under R.A. No. 6657 or the Comprehensive Agrarian Reform Law (CARL).

_________________ day of _____________ at _______________.

__________________________________

Signature over Printed Name of the
MARO or authorized representative

Witnessed by:

__________________________________

(BARC Chairman or in the absence
thereof, Barangay Chairman)

__________________________________

LAD-ID, SCRN & DSTRN Form No. 8

Republika ng Pilipinas
KAGAWARAN NG REPORMANG PANSAKAHAN

Munisipalidad ng _________________

Probinsya ng _________________

PABATID LIHAM SA MGA HINDI KWALIPIKADONG

MAGING BENEPISYARYO NG CARP

(Notice of Exclusion)

________________

Petsa

______________________

Mahal na Ginoo/Ginang:

Ipinababatid po namin sa inyong kaalaman na ayon sa masuring pag-aaral at pagpapatotoo ng tanggapang ito sa inyong applikasyon at mga kaukulang dokumento, kayo ay hindi maaaring maging benepisyaryo (Agrarian Reform Beneficiary or ARB) ng Comprehensive Agrarian Reform Program (CARP) sa lupang pasakahan na pag-aari ni Ginoong/Ginang __________________________ na may Titulo Blg. ___________ may kabuuan sukat na ___________________ (metro kuwadrado, humigit kumulang) at matatagpuan sa _________________________. Ikinalulungkot po naming na kayo ay hindi nakapasa sa kwalipikasyon ng maaring maging benepisyaryo (ARB) ng lupang sakop ng CARP na itinakda sa Seksyon 22 ng Pambansang Batas Bilang 6657 (R.A. No. 6657).

Lubos na gumagalang,

_____________________________

Pangalan at Lagda ng MARO

Distribution of Copies:

Original : ARB

Duplicate : DARPO

Triplicate : VOCF/CACF

Quadruplicate : DARMO/File

LAD-ID, SCRN & DSTRN Form No. 9

Republika ng Pilipinas

KAGAWARAN NG REPORMANG PANSAKAHAN

Munisipalidad ng ___________________

Probinsya ng ___________________

Pahayag ng Pangmadlang Pulong/Pagdinig

(Notice of Public Hearing)

________________

Petsa

______________________

Mahal na Ginoo/Ginang:

Ipinababatid po namin sa inyong kaalaman na ang Kagawaran ng Repormang Pansakahan (DAR) ay kasalukuyang nasa unang bahagi ng pagsakop sa lupang pansakahan na pag-aari ni Ginoo/Ginang _______________________ na may Titulo Bilang ____________, may sukat na _______________ (metro kuwadrado, humigit kumulang) at matatagpuan sa _________________. Sa ganito pong pagkakataon, isinasagawa ng aming tanggapan ang pag-aayos ng mga naitalang pangalan sa Pang-unang Listahan (Preliminary List) ng mga aktuwal na magsasaka sa nasabing lupa o maaaring maging benepisyaryo sa lupaing iyon.

Dahil po dito, kayo ay inaanyayahan na dumalo sa pulong/pagdinig na gaganapin sa ika-__________ (petsa), _________________ hapon/umaga, sa _____________________ (lugar) upang maisaayos o maiwasto ang mga impormasyon na kailangan sa Pang-unang Listahan. cCAaHD

____________________________

Pangalan at Lagda

(Beneficiary Screening Committee Chairman)

Distribution of Copies:

Original : ARB

Duplicate : BSC/File

Triplicate : VOCF/CACF

LAD-ID, SCRN & DSTRN Form No. 10

MASTER LIST OF AGRARIAN REFORM BENEFICIARIES (ARBs)

LAD-ID, SCRN & DSTRN Form No. 11

MONTHLY REPORT OF AGRARIAN REFORM BENEFICIARIES (ARBs) WITH CLOAS

HELP CENTER

CONTACT INFORMATION

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines

Copyright Information

HELP CENTER

CONTACT INFORMATION

Department of Agrarian Reform Elliptical Road, Diliman Quezon City, Philippines

Copyright Information

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines