WITHDRAWAL OF VOS

I. INTRODUCTION

This template aims to guide the decision maker in resolving issues pertaining to withdrawal of Voluntary Offer to Sell (VOS) applications of landowners. II. CHECKLIST OF DOCUMENTARY REQUIREMENTS A. In applying for VOS withdrawal, the landowner or his/her authorized representative shall submit the following:

Written request for VOS withdrawal stating the reason/s for

his/her request. B. In deciding the approval or rejection of the withdrawal of VOS, the following documents may be considered: (1)If Titled:

CARP LAD Form no.16 Claim Folder Status report of the VOS application VLT/DPS application Letter Acceptance from the DAR OCT/TCT on file with ROD and ODC if available Latest Tax Declaration in the name of the registered owner duly certified by the Municipal/City Assessor Approved survey plan certified by the DENR-LMS

(2)If untitled:

Certification of the DENR-CENRO/PENRO or Regional Technical Director, Land Management Service, that the tract of land covered by the survey is within an area classified as alienable and disposable pursuant to DARDENR-LBP Joint Memorandum Circular no.12 series of 1994 as reconciled with RA 9176 Approved survey plan or cadastral map and geographical position and plane coordination of the points duly certified by the Chief, Survey Division of DENR

The latest Tax Declaration from the assessors file in the name of the claimant with verified and correct lot numbers and area per approved plan

(3) If the ground is within landowners retained area, applicant must submit proof of such claim. (See: retention template) III. JURISDICTION

Chapter III D of Administrative Order (AO) No. 6, Series of 1997 which took effect on 12 September 1997 provides that: 1. The Regional Director shall approve or disapprove withdrawal of the applications for Voluntary Offer to Sell (VOS) covering lands of up to ten (10) hectares in size. 2. The Undersecretary for Field Operations shall approve or disapprove the applications for VOS withdrawal or lifting of Notice of Coverage involving lands less than one hundred (100) hectares in size. The DAR Secretary shall approve or disapprove applications for VOS withdrawal over 100 hectares in size.

3.

The DAR may allow withdrawal of VOS or lifting of a Notice of Coverage over a parcel of land if the landholding is determined to be more suitable for a town site, resettlement site or individual site to address a matter of national interest or concern in calamity situation. IV. STANDING

1. Any person, natural or juridical, who owns agricultural lands with an aggregate area of more than five (5) hectares who voluntarily offered his/her land for agrarian reform coverage under the VOS scheme. 2. A landowner who owns five (5) hectares or less, who waived his or her right of retention and voluntarily offered his/her land for coverage under agrarian reform under the VOS scheme. V. TIMELINESS Withdrawal of VOS shall no longer be allowed after the letter offer for VOS, i.e. CARP Form No.1 is received by the DAR. (Item II (A) of A.O. 06, 1997)
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VI. DECISION
(Basis: Administrative Order No. 03, series of 1995 and R.A. No. 6657, as amended) Approve only if any of the following exist: 1. The Withdrawal was made prior to the receipt of the DAR of the letter offer for VOS.

2. The DAR may allow the withdrawal of the VOS or lifting of a Notice of Coverage if the subject and holding is determined to be more suitable for townsite, resettlement site or institutional site needed a matter of national interest or concern in a calamity situation.

A. Guiding Principles 1. Chapter IV C.3 of AO 2 series of 2009 provided that if the landowners voluntarily offered their private agricultural lands for coverage under RA 6657 as amended by RA 9700, upon acceptance by the DAR, the letter-offer for coverage under VOS can no longer be withdrawn. If withdrawn, the DAR can immediately subject such landholdings to coverage under CA notwithstanding the phasing under RA 9700. 2. Chapter IV B.1 of AO 2 series of 2009 stated that all landholdings five hectares and below shall not be subject to CARP coverage except landholdings submitted for voluntary offer to sell before July 1, 2009 wherein the retention right has been waived. B. Formula Answer 1. If the application for VOS withdrawal was made before the DAR has accepted the voluntary offer to sell, accept application but cover the property under Compulsory Acquisition except on the following conditions: The landholdings are within the retained area of the landowner provided that no payment has been made to the landowner and; The landholdings are determined to be more suitable for townsite, resettlement site or institutional site needed a matter of national interest or concern in a calamity situation.

2. If the application for VOS withdrawal was made after the DAR had accepted the voluntary offer to sell, deny application for
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withdrawal Acquisition.

and

cover

the

property

under

Compulsory

VII. APPEALS
The Secretary of the Department of Agrarian Reform shall exercise appellate jurisdiction over of ALI cases and may delegate the resolution of appeals to any Undersecretary. The appeals from the decision of the Regional Director may be filed within fifteen (15) days from receipt of said decision in the same regional office which issued the adverse decision.

VIII. APPLICABLE PRINCIPLES, LAWS, RULES, POLICIES, JURISPRUDENCE 1. LEGAL PROVISIONS a. Section 5 of R.A. No. 9700 2. IMPLEMENTING RULES AND REGULATIONS a. Item IV, C, (3) and (4) of DAR Administrative Order No. 2, Series of 2009 b. DAR Administrative Order No. 6, Series of 1997 [dated 6 August 1997] c. DAR Administrative Order No 05, Series of 1992 [dated 6 April 1992] d. Joint Memorandum Circular of the DAR-LBP-DENR-DA, dated 27 January 1992.