EWPTICAL ROAD. D1UMAN. QUEZON Cm' TELS. 928-7031 TO 39 Departmentof AgrarianRefonn ADMINISTRA'TIVEORDERNo. Seriesof2011 SUBJECT: REVISED RULES AND PROCEDURES GOVERNING THE ACQUISITION AND DISTRIBUTION OF PRIVATE AGRICULTURALLANDSUNDERREPUBUCACT(R.A.)NO. 6657,ASAMENDED PREFATORYSTATEMENT Administrative Order (A.O.) No. 2, Series of2009, otherwise known as The Rules and Procedures Governing the Acquisition and Distribution ofAgriculturnl Lands under Republic Act (RA.) No.6657,asamendedbyRA.No.9700, is revisedtostreamlinethe LandAcquisitionandDistribution(LAD) Process oftheDepartmentofAgrarianRefonn (DAR), strengthen the due process requirement fur Comprehensive Agrarian Refunn Program(CARP) coverage,andensurethecompletion oflandacquisitionanddistribution withintheprescribedperiodprovidedin RA.No.6657,as amended. CHAPTER1.APPUCABIUTY SECTION1.Applicability.- Theserules and procedures shall govern theacqWsition anddistributionof: 1. All privateagricultural lands covered underSection 4 ofRA. No.6657, as amended, but which have not been issued Notices of Coverage (NOCs);and 2. Private agricu1turallands issuedwithNOCsbutwherethelistofpotential beneficiaries has not been finalized by the Municipal Agrarian Refonn Officer(MARO) concernedas of1July 2009. CHAPTER2.DEFINITIONOFTERMS SECTION 2. Definition ofTenns.- Forpurposes ofthese Rules, the following tenusaredefinedas follows: A. Advance Survey Plan (AdSP) refers to the segregation/subdivision survey plan preparedbyalicensed geodetic engineerwho conductedthe surveywhichis submittedbylheDARtolheLandManagementService (LMS) of lhe Department of Environment and Natural Resources (DENR) for verification and approval to be used as reference in the conduct of the joint field investigation of lhe subject lot and in the valuationoflandowner'scompensation. B. Approved Survey Plan (ASP) refers to the survey plan verified and approvedbylheLM5-DENRorlheLandRegistrationAulhority(LRA). C. Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship, or olherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations, orrepresentation ofpersons in negotiating, fixing, maintaining, changing, orseekingtoarrangetermsandconditions ofsuchtenurialarrangements. It includes any controversy relating to the compensation of lands acquiredunderR.A. No.6657andothertermsandconditionsoftransfer ofownershipfromlandowners(LOs) tofarmworkers, tenants,andother Agrarian Reform Beneficiaries (ARBs), whether the disputants stand in proximate relation offarm operatorand beneficiary, LO and tenant, or lessorandlessee. D. Agricu1tura1lesseerefers toapersonwho, byhimselfandwith the aid available from wilhin his immediate farm household, cultivates the land, belonging to orlawfully possessed byanother,with the latter's consent, forpurposesofagriculturalproduction,forapriceoertaininmoneyorin produce or both. The term is distinguished from a civil lessee as understoodintheCivilCodeofthePhilippines. E. Civil SocietyOrganizations (CSOs) refers to voluntary organizations orassociationsbondedbyacommoninterestwhich aredistinctfromthe government or lhe market organizations. For purposes ofthis A.O., CSOs include fanner organizations, non-governmental organizations, faith-basedorganizations,farmercooperatives,irrigators'association,etc. F. Cooperatives refer to organizations composed primarily of small agricultural producers, farmers, farmworkers, or olher ARBs who voluntarilyorganize themselves forthe purposeofpoolingland, human, technological, financial, orothereconomic resources, andoperateonlhe principleofonemember,onevote. A juridicalpersonmay beamember of acooperative,wilhlhesamerightsanddutiesas anaturalperson. G. DirectManagement, insofuas preferred beneficiaries are concerned, refers to lhe cultivation oflhe land lhrough personal supervision under lhesystemoflaboradministration. Itshall beinterpretedalonglhelines offarm managementas anactual majoractivity beingperformedbylhe LO'schild fromwhichhe/shederives his/herprimarysourceofincome. 2 H. Fannworkerrefers to a natural person employed byan W toperfonn in the subject landholding the cultivation ofthe soil, planting ofcrops, growingoffruit trees, harvestingoffarmproducts,orothersimilarfarm activitiesandpractices. I. Installation refers to a series ofactivities spearheaded by the DARto achieve the effective possession and peaceful control by ARBs ofthe awardedland. J. LandlessBeneficiaryis anyfanner/tillerwho owns less than three (3) hectaresofagriculturalland. K. Newspaper of General Circulation refers to a newspaper or publicationofnationalcirculation. 1.. Other Farmworkers refer to fannworkers who are not regular or seasonalfannworkers. M. PerimeterLandUseMap(PLUM)referstothefindings ofthesurvey work in which a CARP-covered lot is divided into sub-lots based on existingcrop/sand/orlandusetoproducePerimeterLandUse Map. N. Regular Farmworker refers to a fannworker who is employed on a permanentbasis byanW todofunctions thatareactuallynecessaryand desirablein thefannoperations. O. Seasonal Farmworker refers to a farmworker who is employed On a recurrent, periodic, orintennittentbasis byan agricultural enterprise or fann, whether as a permanent or a non-permanent laborer, such as ((sacada", and the like. P. Segregation Survey refers to survey work conducted by a licensed geodetic engineerwhereina CARP-eoveredlotis dividedinto two (2) or more sub-lots for coverable and non-coverable areas to produce segregationplanwhichshallbeusedas referenceforawardtoco-owners, cooperativeorfarmerassociation. Q. ShareTenantrefers toa personwhohimselfandwith the aid available fromwithinhis immediate fann household,cultivates thelandbelonging to or lawfully possessed by another, with the latter's consent, for purposes of agricultural production, sharing the produce with the landholder under the share tenancy system, orpaying the landholder a price certain orascertainable in produce orin moneyorbothunderthe leasehold tenancysystem. This arrangementhas been abolished byR.A. No. 3844, as amended,which automatically converted the same into an agriculturalleasearrangement. R. Subdivisionsurveyrefers tosurveyworkinwhicha CARP-coveredlot is dividedintotwo (2) ormoresub-lotsfor coverable andnon-coverable 3 .' areas,withthe fonnerfurthersubdivided into smallersub-lots foraward toindividualARBs. S. Untenantedlandrefers toany agriculturallandholdingwhich is notthe subjectofanytenancyagreement. T. Usufructrefers toareal right conferredonthebeneficiary/usufructuary to enjoy the fruits ofthe property ofanother with the obligation of preservingits form, substance,andproductivity. CHAPTER3.COVERAGE:SCHEDULE,EXCLUSIONS, ANDSPECIALRULES SECTION3. LAD CARP Extensionwith Refonn(CARPER) BalanceDatabase and list of Lands with NOCs. Upon the effectivity of these Rules, the DAR Provincial Office (DARPO) shall providetheDARMunicipal Office (DARMO) with a copy ofthe relevant portion ofthe LAD CARP Extension with Refonn (CARPER) balance database, which lists down the LAD balances under the DARMO's area of jurisdiction,andthescheduleofcovernge ofeach landholdingtherein.Thegeneratedlist oflandholdings mustbegroupedaccordingtotheprioritized phasingunderSection7of R.A.No.6657,asamended,andSection5ofthisAO. Atthesamerime,theDARPOshallprovidetheMAROwith alistofthelands forwhich NOCshadalready beenissued andserved.TheMARO mustcontinuewith theprocess of land acquisition and distribution, unless the landholding ills under a different scheduleas providedinSection5hereof. Landholdings notlisted in theLADCARPERBalanceDatabasemaybe includedinthe said database upon issuance of the Provincial Agrarian Refonn Officer's (PAROl Certification ofCovernge andtheProvincial Agrarian Refonn CoordinatingCommittee (pARCCOM) Resolution, duly approved by the LAD Balance Technical Review CommitteepursuanttoMemorandumCircular(M.C) No.8,Seriesof2010. SECTION 4. When Lands Deem:ed Private. As a general rule, untitled public alienableanddisposable (A& D)landsarewithinthejurisdictionoftheDENRpursuant to Commonwealth Act (CA) No. 141 (Public Land Act). However, such lands are deemed"private"andforcoveragebytheDAR,ifalltherequisites specifiedinR.A.No. 6940, as amended by R.A No. 9176, for the determination ofwhether ornotprivate rights overalandholdinghavealreadybeenacquiredexist,basedonthefollowing: a. Continuous occupancy and cultivation by oneself or through one's predecessors-in-interestonorpriorto04December1972; b. Classification oftheland as alienable and disposable on orprior to 04 December1972; Co Payment ofthe real estatetIX thereon; and d. Non-existenceof adverseclillms ontheland. 4 In caseswheretheDARandDENRhavejointlyidentifiedspecificuntitledpropertiesthat may be covered under the LAD component of CARP, the DENR - Conununity Environment and Natural Resources Office (CENRO)/Provincial Environment and NaturalResources Office (PENRO) orRegional TechnicalDirector (RID) - LMS shall issue the certification that the subjecttractoflandis within an area classified as A & D. TheMAROshall,thereafter,initiatetheacquisitionprocessfor thelandholdingconcerned. SECfION 5. LAD Phasing. Thescheduleoftheacquisitionanddistribution oflands coveredbytheCARP shallbe,asfollows: SCHEDULE PHASES Phase 1 a. All largesingleprivateagriculturallands above fifty (SO) hectares (with or withoutNoticeofCoveragelNoq) b. All large aggregate private agricultural lands (PALs) of landowners with a toWarea greaterthan SO hectareswith (Noq as ofDecember10,2008 c. P.D. 27 lands (rice and com), regardless ofsize d. All idle or abandoned agricultural lands,regardless ofsize Starting 1July 2009 up to 30 June 2012 e.All lands offered under Voluntary Offerto Sell (VOS),regardlessofsize Lands covered by Voluntary Land Transfer (VL1), regardless of size, submitted as of June 30, 2009, subject to the provisions of A.O. No.8,Seriesof2003 g.GovenunentFinancialInstitutions(GFl)- fureclosedlands,regardlessofsize h. PCGG-acquiredlands,regardlessofsize i.All othergovernment-ownedalienable and disposable agricultural lands, regardless of size 5 Phase2-A a. All remammg 1Mge single agriculturallands withanarea of 24 to 50 hccmes (with or withoutNoq b. All PAL; oflandowners with an aggregatearea ofabove 24to 50 hectares with NOC as of December10,2008 c. All agricultural lands provided in the preceding phase yet to be completed Phase2-B a.All remainingPAL; oflandowners with an aggregate area in excess of24 hectares with or without NOC b. All agricultural lands provided in the preceding phases yet to be completed Starting1July 2012upto30 June 2013 Phase3-A a. All PAL; with an aggregate area ofabove 10 hectares up to 24 hectu:es, with respect to the excess above10hectares b.All agricultural l a n d ~ provided in the preceding phases yet to be completed Phase3-B Starting1July2013upto30 June2014 a. All PAL; with an aggregate area (Notwithstanding the aforementioned from above 5 hectares up to 10 schedule,in nocasemayPhase3-Bbegin ona hectares, with respect to the parttcularprovince unless theLAD bal31lCe of excessabove5 hectares the same province that are coveredby Phases 1, 2-A, 2-B, and 3-A, except lands under the b. All agriculturallands provided in jurisdiction ofDENR,have been successfully the preceding phases yet to be completed.) completed ~ ---L 6 --l The Presidential Agrarian Reform Council (PARqorthePARC Executive Corrunittee, upon the recommendation ofthe PARCCOM, may authorize particular provinces to proceed with the acquisition and distribution ofagricultural lands ofa particular Phase ahead ofits schedule bydeclaring them as Priority Land Refonn Areas, provided that thatparticularprovincehas completedtheLADofall theotherPhases priorto theone toproceedaheadofschedule. SECTION 6. Phase of a Co-Owned Im1dholding. In case a landholding is co- owned, the following rules shall apply in determining which phase that particular landholdingshallbeacquiredanddistributed: 1. ifthelandholdingis co-owneddueto thenon-settlementoftheestateof a deceased La:the phase shall be based onthe aggregate size ofall the landholdingsofthedeceasedLa; II. ifthelandholdingis co-ownedduetootherreasons: a. ifthe aggregate size ofall the landholdings ofeach co-owner coincidentallybelongstothesamephase:thephaseshall be based on the aggregate size ofall the landholdings ofone ofthe co- owners; or b. if the aggregate size ofall the landholdings ofeach co-owner belongs to different phases: the co-owners, as a group, shall be treated as a single ill for the sole purpose ofdetermining the phase that that particular landholding shall be acquired and distributed, provided that the share of a co-owner to that landholding shall be incorporated in determining his/her/its aggregate size oflandholdings owned to determine the schedule ofacquisitionanddistributionofhis/her/itsotherlandholdings. SECTION 7. Excluded From Coverage. Excludedfrom coverageare: a. Allundevelopedlandswitheighteenpercent(18%) slopeandover; b. All lands dulyclassified bythe properLocalGovernmentUnit(LGU) as corrunercial,industrial,orresidentialas of15June1988; c. All ancestral lands/domains that may be identified in accordance with rules that may be jointly issued by the DAR, DENR, LRA, and the NationalCommissiononIndigenousPeople; d. RetentionareasgrantedtoLaswhoexercisedtheirretentionrights;and e. All agricultural landholdings ofa Lawith an aggregate size offive (5) hectaresorless. 7 SECfION8.ExemptedFromCoverage.Exemptedfromcoveragearelandsactually, directly,ande>rclusivelyused,andfound tobenecessaryfor,lhefollowingpurposes: a. Parks; b. Wildlife; c. Forestreserves; d. Reforestation; e. Fishsanctuariesandbreedinggrounds; f. Watersheds; g. MMtgroves; h. Nationaldefense; 1. Schoolsitesandcampuses,includingexperimentalfarmstationsoperated bypublicorprivateschoolsforeducationalpurposes; ). Seedsandseedlingsresearchandpilotproductioncenters; k. ChurchsitesandIslamiccentersappurtenantthereto; L Communalburialgroundsandcemeteries; m. Penalcoloniesandpenalfarmsactuallyworkedbytheinmates; n. Governmentandprivateresearchandquarantinecenters; o. Fishpondsandprawnfarms;and p. Livestock,poultry,andswineraisingsince 15June1988. SECfION9. Coverage ofPreviouslyExemptedAgricuJturaJ Lands.Ifany ofthe private agricultural lands stated in Section 8 hereofis discovered not to be actually, directly, andexclusively used,and/ornotnecessary,anymoreforthepurposeforwhich itis exempted,thePARa shallimmediatelyissueanNOCforthesubjectlandholdingor theportionsthereof. SECfION 10. Conversion Proceeding Not A Bar to Coverage. Absent any final ordergranting conversion, no act orattempt directed to changing the use ofthe land from agricultural to non-agricultural, shall affect the land's coverage pursuant to the CARP. SECfION11. AutomaticCoverageofConvenedLandsNotDeveloped. Pursuant to Section 65 of R.A. No. 6657, as amended, the failure to fully implement the conversion planwithinfive (5) years from theissuanceofDAR conversionorder,orany violation oftheconditionsoftheconversionorder,in theeventsuchfailure orviolation 8 was duetothefault oftheapplicant,shall causethelandsubjectthereoftoautomatically becoveredbyCARP,subjecttotherightsofretention. Pursuant to this rule, an ocular inspection ofall landholdings subject ofa conversion ordershall beconductedby the PARO on an annual basis, orimmediatelyafterreports ofviolationsoftheconditionsofaconversionorderarepresentedbeforehis/heroffice. ThePARO must prepare and submit a reportthatcontains his/herfindings regarding thestatus ofimplementationoftheconversionplanand/orexistenceofviolations ofthe conversion order.This reportshallbesenttotheRegionalDirector(RD) orthe Center for Land Use Policy, Planning, and Implementation (CLUFP!), depending on their jurisdiction perthe Rules on Conversion. TheRDorthe Secretary, as the case may be, shalltakeappropriateactionspursuanttotheexistingimplementingrulesandregulations onlanduse conversion. SECTION12.DENRDistributedLandsUnderCARP.Landholdingsdistributedby the DENR under R.A. No. 6657, as amended, shall no longer be acquired and distributedbytheDAR. SECTION 13. AgriculturalLands Reclassified to Non-AgriculturalUses Before June15, 1988 but SubsequentlyReclassifiedto AgriculturalUses areCoveredby CARP.Landholdingswithinzonesclassifiedas non-agriculturalbefore15June1988 but subsequently reclassified as agricultural by the LGU concerned are covered by CARP. Any exemption orderissued therein shallbereviewed by theRD to determinewhether the subject landholding is still agricultural in land use, and if found to be sucb, said exemption ordershall be immediately revoked. An NOCshall thereupon be issued to theLO. SECTION14. Reallocation ofForeclosedAgriculturalLand. TheDARshall take possession ofawarded agricultural lands which were foreclosed for failure to pay the amortizations forthree(3) aggregateyears,wherethetwo (2)-yearredemption periodhas already expired by negotiating for redistribution. The Land Bank of the Philippines (LBP) shallcertifY thelands'availabilityforreallocation,and theDARshall identifYnew ARBs therefor. CHAPTER4. NOTICEOFCOVERAGE SECTION 15. Issuance ofNotice ofCoverage. The NOC shall be issued to the registered landowner (RLO) ofthe landholding, as stated in theTransferCertificate of Title (TCT) or Original Certificate of Title (OCT), or, in case of untitled private agricultural lands, theTaxDeclaration, preferablynotlaterthan onehundredandeighty (180) days priorto the first day ofthe scheduled date ofacquisition anddistribution as providedforinSection5ofthis Rule. . In case the RLO stated in the TCT orOCTis different from that stated in the Tax Declaration,theNOCshall beservedtotheRLOstatedin theTO'orOCT. TheNOCmuststatetheperiodsfortheLOtofileaprotestoncover-age, nominationof preferred beneficiarylies, manifestation for exemption!exclusion, and manifestation to 9 exercise the rightofretention, as well as tosubmita duly attestedlist ofthe agricultural lessees, regular farmers, and/or tenants in his/her/its landholding. The NOC must explicitly warn theill that failure on their part to exercise their right during the said periodsshall beregardedas awaiverontheirparttoexercisethese. SECfION 16. Service of NOC. TheNOCshall beservedinthefollowingmanner. a. Personal Service: The NOC shall be served primarily by personally handing a copy thereof to the "person authorized to receive" as enumerated under Section 17 hereof. Personal service is effected when theperson authorized to receive affixes his signature orthumb markon the receiving copy ofthe NOC in the presence ofawitness who also affixes his signature. Personal service of the NOC shall be done by the Bureau ofLand Acquisition and Distribution (BLAD) in the DARCentral Office ifthe last known address ofthe person authorized to receive is within Metro Manila, orthe MAROwho has jurisdiction overthe last known address ofthe personauthorized toreceive, iflivingin aprovinceoutside Metro Manila. b. Substituted Service: Ifthe "personauthorized to receive" is notpresent in his/herlastknownaddress,orrefusesto receive theNOC,theMARO shall immediately avail ofsubstituted service and serve the NOC by leavinga copy ofthe NOCatthe residence oftheperson authorizedto receivewith someperson ofsuitable age anddiscretion residingtherein, orby leavingacopyoftheNOCattheRID'soffice orregular place of businesswithsomecompetentpersonin chargethereof. The MARO shall thereafter immediately prepare and send a Return of Service ofthe NOC to the concernedPARO who has jurisdiction over the subject landholding the factof completed/failed substituted service. The PARO shall thereafter immediately inform the BLAD the fact of substituted service and send it a copy ofthe NOC. The BLAD shall thereafterpublishtheNOCinaccordancewithSection 18 hereof. c. Extraterritorial Service: Ifupon diligent investigation, the MARO who has jurisdictionoverthesubjectlandholdingfinds outthatthelastknown address ofthepersonsauthorizedtoreceiveis outsidetheterritoryofthe Philippines, he shall send acopyofthe NOCtothelastknown address ofthepersonauthorizedtoreceiveabroadbyregisteredmail. The MARO shall immediately prepare and send a Return ofService of the NOC to the concerned PARO and request the latter for the publicationoftheNOCthroughtheBLAD. TheBLADshallthencause thepublicationoftheNOCinaccordancewithSection 18hereof. d. ImmediatePublication:Iftheaddress ofthepersonauthorizedto receive is unknown. orsubstitutedperson is notavailable, the MARO who has 10 jurisdiction over the subjectlandholdingshall immediately file a written reportas totheinvestigationmadeandthefailure toknowtheaddressof theLOtothePARO,andthelattershallsendacopyoftheNOCto the BLAD. TheBLADshallthereaftercausethepublicationof theNOC. Immediate publication shall also beeffected ifthe person authorized to receivetheNOCis thatstatedinSection17(vii) (b) hereof. Assuch,the PAROwhohas jurisdictionOverthesubjectlandholdingshallalsosenda copyoftheNOCtotheBLAn. TheBLAnshall thereafterpublishthe NOCinaccordancewithSection18hereof. SECfION17. PersonsAuthorized toReceive. ServiceoftheNOCshall bemadeto thefollowingpersons: 1. Service upon the RLO who is a natural person - The NOC shall be servedtotheRLO. 11. Service upon co-owners - In case the RLO of the landholding are multiple persons as co-owners, theNOCshall beservedupon each and every registered co-owner, unless one is specifically authorized, in a writtenpublicdocument,toreceivefortheCO-Dwners; tll. Service upon minors - Whenthe RLO is a minor, service shall bemade upon his/her father and/ormother,whoever has lawful custody ofthe said minor. Ifthe RLO has no parents, service shall be made upon his/her legal guardian if he/she has one, or, if none, upon his/her guardianadlitemwhoseappointmentshallbeappliedforbytheDAR; tv. Service upon incompetents - When the RLO is insane or otherwise incompetent,serviceshallbemadeuponhis/herlegalguardian ifhe/she has one,or,ifnone,uponhis/herguardian ad litemwhoseappointment shallbeappliedforbytheDAR; v. Service uponentitywithoutjuridical personality- When theRLOswho are persons associated through an entitywithout juridical personalityare issued anNOCunderthenamebywhichtheyaregenerallyorcommonly known, service maybeeffecteduponall theRLOs byservinguponany one ofthem, or upon the person in charge ofthe office or place of business maintained in such name, provided that service shall not individuallybindany personwhoseconnectionwith theentityhas,upon duenotice,beenseveredbeforetheproceedingwasbrought; VI. Service upon domestic private juridical entity - When the RLO is a corporation, partnership, orassociation organized underthe laws ofthe Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer,orin-housecounsel;and 11 vu. Service upon the heirs ofa deceased RLO - When the RLO has died priortotheserviceoftheNOC,theNOCshallbeservedto: a. ifthesettlementoftheEstateis currentlypendingwith thecourt, theExecutorortheAdministratoroftheEstate;or b. ifthesettlementoftheEstateis notpendingwith thecourtorif thereis noexecutororadministrator,theNOCshall beserved to allknownheirsandshallalso bepublished. SECTION18.PublicationofNOC.If anyofthecircumstancesunderSections 16and 17 requires publication ofthe NOC, the NOC shall be published in a newspaper of generalcirculation. NOCs required to be published shall be sent by the PARO concerned to the BUD which shall be responsible for publishingthe same. All NOCs sent to the BLAD for publication shall be published on thefifteenth orthirtieth day ofthe month they were receivedbytheBLAD,whicheveris soonest. Service by publication shall be evidenced by the affidavit of the editor-in-chief, or circulation/advertising manager, attestingto the fact ofsaid publication and a copy of thesaid publication.Thepublication neednotstatethe entire contents ofthe NOCbut onlythefollowingessentialparticulars: 1. Coverage ofthe subject landholdingunder CARP on the specific land acquisition schedule based ontheprioritized phasingunderSection 7 of RA.No.6657,as amended; 2. OCT/ TCT/LatestTaxDeclarationNo/s.andcorrespondingarea; 3. Completename/sof theRLO/sandlastknownaddress,ifavailable; 4. Address or location of the subject landholding (barangay, city/municipality,province);and 5. Theperiod fortheLOto nominatehis/herpreferredbeneficiary/ies, to submitadulyattestedlistoftenants,lesseesand/orregularfarmworkers, ifany, in his/her/its landholding, to file a manifestation to exercise the rightofretention,tofile aprotestoncoverage,andtofile amanifestation for exemption/exclusion, as well as the consequences ofthe failure to exercisetheserightsduringtheprescribedperiod. SECfION19. PostingoftheNOC. Inall cases, the MARO oranyauthorized DAR Personnel shall post a copy of the NOC at a conspicuous place at the subject landholding, and ensure that the notice is clearly visible. For this purpose, waterproof andenvironmentally-friendlymaterials,measuringtwo (2) bythree(3) feet, shallbeused. The BARC Chairman or his authorized representative shall thereafter issue the correspondingCertificationofPostingCompliance. 12 Additionally, a certified true copyofthe NOCshallalso bepostedforseven (7) days at the bulletin board ofthe Municipal/City Hall and the Barangay Hall where the land covered is located. The Municipal/CityAdministratorand the Barangay Secretary shall thereuponissuetheircorrespondingCertificationof PostingCompliance. SECTION 20. DateofReceiptofNOC. ForRLOs who did notreceive the NOC through personal service, the date ofposting orthe date ofpublication, whichever is later,shallbedeemedthedateof receiptofthesame. CHAPTER5:VOLUNTARYOFPERTOSELL SECTION 21. VOS Conditions. LOs may voluntarily offer their private agricultural lands for coverage underR.A. No.6657, as amended, bysubmittinga notarizedLetter- Offer, in a form thatshall be provided by the DAR, to the PAROwhere the offered landholdingislocated. Upon its acceptance by the DAR, the Letter-Offer for coverage under VOS can no longerbewithdrawn. A VOSis deemedacceptedbytheDARuponreceiptbythe LO oftheLetterofAcceptanceofthe PARO. TheLetterofAcceptance shall beservedto theLOinthesamemanneras theNOC,as providedbySections 16and18 of thisA.O. SECTION 22. Landholding Under Five (5) Hectares Voluntarily Offered. The DAR shall not accept the VOS of any LO who owns one or more agricultural landholdingswhich,combined,hasanaggregatesizeoffive (5) hectaresorless. Toensurethis, itis incwnbentuponthePAROtoverifYtheextentof thelandholdings ownedbytheill priortoexecutingandissuingtheletterofacceptance. SECTION23.VOSToCoverTheEntireAreaor TheLandOffered.An LOwho wishes toofferhis/her/itslandunderVOSmustoffertheentireareaofthesame parcel ofland,subject,however,tothelastparagraphof Section27 of thisA.O. SECTION24. LandholdingOwnedByA CorpomtionorCo-Owned.In case the agricultural landholdingis owned bya corporation,theLetter-Offerforcoverageunder VOS mustbe filed togetherwitha Resolution bythe Corporation's BoardofDirectors givingspecificauthoritytothepersonwhoexecutedtheLetter-Offertovoluntarilyoffer thelandholding. In case the agricultural landholdingis co-owned by several persons or is owned byan unsettled estate ofa deceased person, the Letter-Offermustbe executed byall the co- owners / heirs, except if the person(s) executing the Letter-Offer has/have been specifically authorizedin apublicinstrumentbyall the co-owners /heirs to execute the sameonbehalfof them. SECTION25. WhenShiftingfrom CAtoVOSAllowed. LOswho received NOCs for their landholdings underCompulsory Acquisition (CA) may be allowed to shift to VOS, providedthatthe Claim Folder (CF) forthesubjectlandholdinghas notyetbeen 13 received by the Claims Processing, Valuation and Payment Division (CPVPD) ofthe LandBankofthePhilippines(LBP) forvaluation. The LO may shift to VOS from CA by filing a written Letter-Offer received by the PAROoftheareawherethelandis located. An LOwho shifts to VOSwho fails to nominateapreferredbeneficiaryand tosubmit his/herduly attested list oftenants, lessees and/orregular farmworkers, ifany, during thethirty(30) dayperiodfrom receiptofNOCis disqualifiedtonominateoneand/oris deemedtohavewaived his righttoattest. SECTION26.VoluntaryLandTransfer/DirectPaymentScheme.OnlyVLT/DPS applications dulysubmittedtoDARonorbefore30June2009shallbeallowed. CHAPTER6: RETENTION,PROTESTOFCOVERAGE, NOMINATIONOFPREFERREDBENEFICIARY/IES, APPUCATIONFOREXEMPTIONOREXCLUSION SECTION27. Periodto ProtestCoverage, Nominate Preferred Beneficiary/ies, File a Manifestation for Exemption/Exclusion. and File a Manifestation to Exercise Retention Rights. Within a non-extendible period ofthirty (30) days from his/her/its/theirreceiptoftheNOC,theill maydothefollowing: 1. Protest against coverage, which must be filed before the PARO and shouldcontainthesubstantialbases thereof; 2. Nominatechild/renwhomayqualifyas preferredbeneficiary/ies; 3. File a Manifestation for Exemption orExclusion from CARP coverage beforethePARO;and 4. FileaManifestationtoExercisetheRightofRetentionbeforethePARO. Thefailure todoany oftheforegoingwithin theabovementioned regiementaryperiods shall be consttuedas awaiveronthe partoftheLOoftherighttoprotestcoverage,to nominate child/ren as preferred beneficiarylies, to file a petition for exemption or exclusion from CARP coverage, and/orto exercise the right ofretention, as the case may be. All protests, nominations,and manifestations/petitions made after this period shallnolongerbeaccepted. ForlandholdingsunderVOS,theLOshallexercisehis rightofretentionandtherightto nominatechild/ren as preferred beneficiaries bysubmittinganotarized noticethereofto the PARO who has jurisdiction overthe landholding offered at any time prior to the completion ofservice oftheLetterofAcceptance.Thefailure toexercisethesaidrights in this caseattheprescribedtime shallbeconsttuedas awaiverthereof. 14 SECTION 28. Period to File an Application/Petition for Exemption/Exclusion. The Application/Petition for Exemption or Exclusion from CARP coverage may be filed togetherwith theabove-mentionedManifestation. If itis notfiled jointly, theLO can file it,togetherwiththedorumentsrequiredbytherules onexemptionorexclusion, within sixty (60) days from receipt ofthe NOC. Non-submission thereofwithin this reglementaryperiod shall be construedas awaiver orabandonmentofhis/her/itsright to file said Petition for Exemption orExclusion from CARP coverage with respect to thelandholdingcovered. Forlandholdings underVOS, theLOis deemed tohavewaived his/her/itsrightto file such a Petition for Exemption or Exclusion from CARP coverage upon DAR's acceptanceof his/her/itsoffer. SECTION 29. Petition for Protest of Coverage and/or Petition for Exemption or Exclusion Not Bar to Continue LAD Process. Despite the pendency ofa protest against coverage or a petition for exemption orexclusion, the land acquisition process shall nevertheless continueuntil the issuance ofthe Memorandum ofValuation (MOV) with the attached Land Valuation Worksheet (LVW) by the LBP, unless otherwise suspendedsoonerthroughaCeaseandDesistOrder(CDO) bytheRDortheSecretary. NotwithstandingaPetitionforCertiorarifiled with thecourts,thePARO shallissue and serve the Notice ofLandValuationand Acquisition (NLVA) andproceedwiththerest ofthe land acquisition anddistributionprocess thereafteras soon as theprotestagainst coverage or petition for exemption or exclusion has been denied by the RD, or if appealed,bytheSecretary,oriffurtherappealed,bythePresidentof the Republic ofthe Philippines,unless otherwiseorderedsuspendedbytheSupremeCourt. The submission ofthe Manifestation for Exemption or Exclusion alone, without the Application/Petition, shall not affect the land acquisition process as provided in this A.O.,norgivegroundfortheissuanceof aCDObytheRDortheSecretary. SECTION 30. Period to Exercise Right of Retention. The LO may choose a retention area at the same time that he/she/it manifested to exercise the right of retention. Ifthisis notdoneatthesametime,theill can choosetheareawithinanon- extendible period offifteen (15) days aftermanifestinghis/her/itsdesire toexercise the saidright. Incasethelandholdingis ownedbyC<KJwners, orbyan unsettledEstateofanLOwho died prior to the issuance ofthe NOC, such co-owners orheirs may only choose a retention area through a joint application executed byall ofthem, agreeing therein the retentionareaofeach ofthesaidco-ownersorheirs,providedthattherightofretention oftheheirs,inCase ofanunsettledEstate,shallbesubjecttoSection37 ofthisA.O. In caseoneormoreofthe co-ownersorheirsrefuses orails tojoinwiththeothersin the application, the rest ofthe co-owners orheirs may notchoose a retention area unless theyhavepartitionedtheirco-ownershiportheEstate,whicheveris applicable. Someor all ofthe co-owners orheirs may file, togetherwith theirmanifestation to exercise their rightofretention,amanifestation topartitiontheirco-ownership orthe Estate. Ifsuch manifestationtopartitionis filed, theco-ownersorheirsmustpartitiontheco-ownership orEstateandchoosearetentionareawithinsixty(60) days fromreceiptof theNOC. If 15 such manifestation to partition is not filed, the co-owners or heirs must accomplish such partition and choose a retention area within the fifteen (15) days allotted to a single LO. The failure to choose his/her/its/their desired area within the fifteen (15)-day or sixty (60)-day period, whichever is applicable, shall be deemed a waiver to do so, and shall automatically authorize the MARO to choose the area to be retained. SECTION 31. Factors to Consider in Choosing Retained Areas. When the LO waives his/her/its right to choose the area to be retained, the MARO shall choose, on or before the conduct of the Survey, in the LO's behalf, taking into consideration the following factors: 1. commodity produced; 2. terrain; 3. available infrastructure; and 4. soil fertility. As soon as the MARO shall have identified the area, the DAR shall notify the LO, by registered mail with return card, the portion selected as his/her retention area. The same notice shall indicate that the Retained Area chosen may not be contested. SECTION 32. Retained Area Must be Compact and Contiguous. No retention area may be chosen by the LO or the MARO unless such area is compact and contiguous. In case of a co-ownership or an unsettled Estate mentioned in Section 30 hereof, each co-owner or heir may choose an area not contiguous with that chosen by his/her/its co- owner/ co-heir, provided, that if it is the MARO who shall choose the retention area on their behalf, the retention area of all CO-{)wt1ers/co-heirs must, as far as practicable, be compact and contiguous with each other. SECTION 33. Certificate of Retention. The PARO shall issue Certifications of Retention to LOs who had already availed of their Retention Rights. LOs who own lands with an aggregate area of five (5) hectares or less may be issued by the PARO a Certification of Retention upon request. In case the LO opts for the immediate issuance of a title for his/her retention area after the issuance of Certification of Retention by the PARO, prior to the acquisition process in accordance with the schedule stated in Section 5 of this A.O., he can request, in coordination wim me PARO, the Registry of Deeds (ROD) to issue a title in the W's name on the portion of his/her retained area based on me Owner's Duplicate Copy of title from the W, Approved Segregation Plan, and technical description, and Certificate of Retention. All fees for the said immediate segregation survey of the LO's retention area and the issuance of title on the same by the ROD shall be chargeable to the account ofmeLO. SECTION 34. Retention for VOS Lands Prior to 1 July 2009. For VOS lands submitted prior to I July 2009 where the master list of ARBs has been fmalized, the retention areas of LOs covered under said VOS shall be processed under the existing guidelines of R.A. No. 6657, as amended, before July 1, 2009. 16 SEcnON35.RetentionUnderCommonwealthActNo.141. Landholdingscovered byhomesteadgrantsandFreePatentsissuedpursuanttoCommonwealthAct(CA)No. 141 stillownedbytheoriginalgrantees ortheirdirectcompulsoryheirs shall beretained bythemas longas theywere cultivatingthe said landholdings and continue to cultivate thesame. SECTION36. RetentionunderP.D. No. 27. Lasorheirs ofLasnotqualified to retainlandsunderp.o.No.27cannotclaimretentionunderR.A. No.6657,as amended, orevenunderR.A. No.9700, overtheirlandholdingsthatwerecoveredunderP.D.No. 27. ThesameLasorheirs ofills,however,maystill exercise theirrightofretention overotherlandholdings thathereaftershallbecoveredbyR.A.No.6657,as amended. SECTION 37. Retention ofLandowner's Heirs. Heirs ofdeceased Laswho died after 15June 1988 are onlyentitled tothefive (5) hectareretentionareaofthedeceased La. SEcnON38.RetentionofSpouses.FormarriagescoveredbytheConjugalProperty ofGains Regime,spouseswhoseagriculturallands areall conjugAl innature mayretain a totalofnotmorethanfive (5) hectares ofsuchproperties.However,ifeitherorbothof themare Lasintheirown respective rights (capitaland/orparaphernal),theymayeach retain notmorethan five (5) hectares oftheirrespective landholdings. Inno case shall thetotalretentionareaofsuchcoupleexceedten(10) hectares. For marriages covered by the Absolute Community ofProperty Regime, the spouses, togelher, mayretainnotmorethan five (5) hectares. All properties (capital, paraphemal, and conjugal) shall beconsidered to beheldinabsolute community, i.e., the ownership relationship is one,and, therefore, onlya totalarea offive (5) hectares may be retained bythecouple. Formarriages coveredbyaCompleteSeparationof PropertyRegime, each ofthemmay retainnotmorethanfive (5) hectares oftheirrespectivelandholdings. The property regime ofa married couple whose marriage was celebrated prior to 03 August 1988 shall bepresumed to bethe Conjugal PropertyofGains, unless otherwise statedin avalid marriage settlement. Thepropertyregime ofthosewhosemarriagewas celebratedonorafter03August1988shallbepresumedtobetheAbsoluteCommunity ofProperty,unless otherwisestatedinavalidmarriagesettlement. SECI'ION39. TenantChoosesto RemainintheRetentionArea. In case a tenant choosestoremain in theLa'sretainedarea,lheformershallbealeaseholderin thesaid landandshallnotqualifyas abeneficiaryunderCARP.Conversely,ifthetenantchooses to be a beneficiary in another agricultural land, he/she cannotbe a leaseholder in the landretained bytheLa. Thetenantmustexercisethisoptionwithin aperiodofone(1) yearfromthetimetheillmanifestshis/herchoiceoflheareaforretention. Tenants/lesseesinlheretainedareaswhodonotwishtobecomeleaseholdersintheretained lands shall begiven preference inotherlandholdingswhetherornottheselands belongto the same ill,without prejudice to the furmers who are already in place in said other landholdingsandsubjecttotheprioritiesunderSection22of R.A.No.6657,asamended. 17 In all cases, the security of tenure of the farmers or farmworkers on the rD's retUned land prior to the approval of R.A. No. 6657, as amended, shall be respected. Further, actual tenant-farmers in the landholdings shall not be ejected or removed therefrom. SECTION 40. DAR Clearance on Land Tmneactions. Land transactions executed prior to 15 June 1988 shall be valid only when registered with the Registry of Deeds on or before 13 September 1988 in accordance with Section 6 of RA. No. 6657, as amended. With respect to those executed on or after 15 June 1988, where the transfer/sale of a landholding involves a total area of five (5) hectares and below and such landholding is the retention area of or subject of retention by the transferor, and where the transferee will not own an "Megate area of more than five (5) hectares as a result of the sale, the transfer is legal and proper. However, a DAR clearance is needed for monitoring purposes and as a requisite for the registration of the title in the name of the transferee with the ROD. With respect to LOs who have yet to exercise their right of retention, where more than five (5) hectares of the landholding is sold or transferred, whether through a single transaction, multiple transactions, or a series of transfers/sales, only the first five (5) hectares sold/conveyed and the corresponding titles therefor issued by the ROD in the name of the transferee shall be considered valid and treated as the transferor's retained area, but in no case shall the transferee exceed the five (5)-hectare landholding ceiling pursuant to Sections 6,70, and 73(a) of RA. No. 6657, as amended. Insofar as the excess area beyond the five (5) hectares sold and conveyed is concerned, the same shall be covered under CARP, regardless of whoever is the current title-holder to the land, and even if the said current title-holder owns less than five (5) hectares of agricultural landholding, considering that the transferor has no right to dispose of these lands since CARP coverage of these lands is mandated by law as of 15 June 1988. Any landholding still registered in the name of the LO after earlier dispositions up to an aggregate of five (5) hectares are no longer part of his retention area and therefore shall be covered under CARP. In cases where there has been an improper, invalid, or Wllawful transfer, the NOC shall be sent to the last lawful owner of the landholding and to such person who is registered as the owner of the same, and its coverage shall be done in accordance with the pertinent guidelines on the matter. SECI10N 41. Conditions for LGU Retention Limit Exemption. CARP covered agricultural lands which are to be expropriated or acquired LGUs for actual, direct, and exclusive public purposes, such as roads and bridges, public markets, school sites, resettlement sites, local government facilities, public parks, and barangay plazas or squares, consistent with the approved local government land use plan, shall not be subject to the five (5)-hectare retention limit However, prior to the expropriation/acquisition by the LGU concerned, the subject land shall first undergo the land acquisition and distribution process of the CARP, and the ARBs therein shall be paid just compensation without prejudice to their qualifying as ARBs in other landholdings under the CARP. 18 SECTION42.AgriculturalLandsSubjectofExpropriation. PursuanttoSection6- A ofR.A. No. 6657, as amended, an LGU may, through its ChiefExecutive and/or pursuanttoanordinance,exercisethepowerofeminentdomainonagriculturallands for public use, purpose, or welfare ofthe poor and the landless, upon payment ofjust compensation to the ARBs on these lands, pursuant to the provisions of the Constitution and pertinent laws. The power ofeminent domain may notbc exercised unless avalid and definite offer has been previouslymade to the ARBs, and suchoffer was notaccepted.In cases wherethe landsoughttobeacquired has beenissuedwith an NOCoris alreadysubjecttoVOS(with aletter-offersubmittedtoDAR),the concerned LGU shall suspend the exercise ofits power ofeminent domain until after the LAD process has been completed and the titie to the property has been transferred to the ARBs. Whereagricultural lands havebeensubjectedtoexpropriation,theARBs therein shall be paidjustcompensation. CHAPTER7. FARMERBENEFICIARYIDENTIFICATION, SCREENINGANDSELECTION SECfION 43. Who are Qualified Beneficiaries. FarmersffiUers and farmworkers who meet the following qualifications shall be eligible as beneficiaries under the ComprehensiveAgrarianReformProgram: a. GeneralQualifications.AllARBsmustbe: 1. A farmer/tiller who owns less than three (3) hectares of agriculturalland; 11. A Filipino citizen; ill. A resident ofthe barangay (or the municipality ifthere are not enoughqualifiedARBs in thebarangay); lV. At least fifteen (15) years ofage at the time ofidentification, screening,wdselectionoffarmer-beneficiaries;and v. W.tlling, able, and equipped with the aptitude to cultivate and make melandproductive. b. Specific Qualifications for Regular Farmworkers in Commercial Farms and Plantations. In case the subjectlandholdingis a commercial farm or plantation, in addition to me General Qualifications stated above, the applicant mustbeemployed in the landholdingcoveredunder CARP to bedeemedaregularfarmworker. All farmworkers who are holdingmanagerial orsupervisorypositions as of the issuance of the NOC shall not qualify as ARBs. However, farmworkerswhowerepromotedtomanagerial orsupervisory positions aftertheywereidentified, screened,and selected shallremain as qualified ARBs. 19 SECTION44. Disqualificationofa Landowner-Mortgagorfrom BeinganARB. A landowner-mortgagor, including his/her children, ofa foreclosed agricultural land where the redemption period has already expired and which land is tobesubsequently coveredunderCARP,cannotqualifyas anARB onthefureclosed land, notwithstanding his/her/theirbeinginactualpossessionandcultivationthereof. The former La/actual occupant and his/her children may reacquire the foreclosed landholding through normal bankingtransactions up toa maximumoffive (5) hectares each, andifthere is any excess, thesame shall be coveredunderCARP in the name of theforeclosingbankfordistributiontoqualifiedARBs. SECTION45. PrioritizationofQualified Beneficiaries.Qualified beneficiaries shall beprioritizedin thefollowingorder: 1. Agriculturallesseesandtenants; It. Regularfarmworkers; llt. Seasonalfarmworkers; IV. Otherfannworkers; v. Actualtillers oroccupantsof publiclands,only insofaras untitledprivate agriculturallandsareconcerned;and Vi. Othersdirectlyworkingontheland. For the purpose of the prioritization listed herein, agricultural lessees described 10 Section47hereof aredeemedtenantsof thearea theyselected. SECfION46. FarmerChildrenofLandownerasPreferredBeneficiaries.Pursuant to existing rules and regulations, the child ofan illshall be given preference in the distributionof his/herparent'slandprovidedhe/shemeetsall ofthefollowingcriteria: 1. Filipinocitizen; It. Atleastfifteen (15) years ofage as oftheissuanceof15June1988;and llt. Actually tilling or directly managing the farm as of the time of the conductofthefield investigationofthelandholdingunderCARP. In no case may the distribution oflands to preferred beneficiaries deprive each ofthe agriculturallessees and tenants ofbeingawardedtheportionofthelandholdingtheyare actuallytenanting/leasing,whichinnocaseshall bemorethanthree (3) hectares. SECfION47. TenantsofRetainedAreasasPriorityBeneficiaries.Anagricultural lesseeortenantofaportionof alandholdingchosenas aretainedareawhooptednotto staythereinas atenantmaychooseanyCARP-<:overedlandholdingwhich is notentirely tenantedandmanifestto thePAROwhichhas jurisdictionoverthesaidlandholdinghis intention to bea beneficiary thereof. ThePARashall considersuchagricultural lessee 20 ortenant, duly attested by the retainingLO, as priority in the selection, subject to the rights ofthosewhoarealreadyin place. SECTION 48. Landowners Availing ofVOS are Disqualified to beARBs. Las who have voluntarily offered their landholdings for coverage under CARP, and those who have previouslywaived theirrights to retain, aredisqualified from becomingARBs ofotherlandholding!s beingcoveredortobecoveredunderCARP.TheLO'svoluntary offer or his previous waiver is construed to be an inability and!or unwillingness to cultivatethelandandmakeitproductive. SECTION 49. Disqualification of ARBs. The following are grounds for the disqualification of ARBsof theCARP: a.) Failure tomeetthe qualifications providedunderSection 22 ofR.A. No. 6657,asamended; b.) Voluntaryexecution ofawaiverofrighttobecomean ARBin exchange for due compensation, and such waiver has notbeen questioned in the propergovernmententityas oftheeffectivity ofthisA.O.; c.) Deliberate and absolute failure oftheARBto pay an aggregate ofthree (3) annual amortizations to the LBP and subsequent failure to exercise the right ofredemption!repurchase within two (2) years, provided an amortizationtablehasbeenissuedtotheARB, andprovidedfurtherthat the amortizations shall start one (1) year from the ARB's actual occupancypursuanttoSection26ofR.A. No. 6657,as amended; d.) Deliberate and absolute non-payment of three (3) consecutive amortizationsincaseofavoluntarylandtransfer/directpaymentscheme, provided that the ARB has been installed and is in actual possession of the land, and providedfurtherthatthe lastprovisowill notapply ifthe non-possessionoftheARBis attributabletohis orherownfault; e.) Withrespecttocommercialfarms, termination fromtheserviceforcause as ofthe date ofeffectivity ofthis A.O., unless a complaint for illegal dismissal regarding the said termination is pending, in which case the termination must be affinned with finality by the proper entity ofthe government; f.) Voluntary resignation or voluntaryretirementfrom theservice, provided thiswas notattendedbycoercionand/ordeception,andthere is no case questioning said voluntary retirement or voluntary resignation by the applicant as of the dateofeffectivity of this A.a.; g.) Misuse ordiversion offinancial and suppottservices extended to ARBs pursuanttoSection37ofR.A.No.6657,asamended; 21 h.) Negligence or misuse ofthe land or any support extended by the governmentas providedinSection22ofR.ANo.6657,as amended; i.) Material misrepresentation of the ARB's basic qualifications under Section 22ofR.A.No.6657,asamendedbyR.A. No.9700,PD.No.27, andotheragrarianlaws; j.) Sale, transfer, lease, orany other formofconveyance byabeneficiary of therightofownership, righttouse, orany otherusufructuaryright over the land acquired byvirtue ofbeingsuch beneficiary, inorderto violate orcircumventthe provisions ofSections 27 and73 ofR.A. No.6657,as amendedbyR.ANo.9700, P.D.No.27,andotheragrarianlaws; k.) Premature conversion by the ARB pursuant to Section 11 ofR.i\.. No. 8435; 1.) Final judgment for forcible enttyorillegal detainer bypersonswho are originally notqualified beneficiaries as agrarian reform beneficiaries, the unlawfulentryofwhichwouldhaveallowed them to avail the rights and benefitsofanagrarianreformbeneficiary; m.) With respect to foreclosed landholdings, the illthereof and/or his children, but only insofar as the same foreclosed landholding is concemed;and n.) Commissionofanyviolation oftheagrarian reformlaws andregulations, orrelatedissuances, as detenninedwithfinality afterproperproceedings bytheappropriatetribunaloragency. SECTION 50. Period to Prepare and Submit the duly Attested List of Tenants, Lessees and/or Regular Fannworkers. Within a non-extendible periodofthirty(30) days fromreceiptoftheNOC,theillmustsubmittotheMARO,furnishingacopyto thePARO,aduly attestedlistofall his/hertenants,agriculturallessees,andregularfum workers,in his/herlandholdingatthetimeoftheissuanceoftheNOC. Thelistshall be submittedwithaswornstatementthattothebestofhis personalknowledge and based on all documents in his possession, all those listed are tenants, lessees, and/orregular fum workers in his/her landholding. and that he/she has not omitted any tenants, agriculturallessees,and/orregularfumworkersfromthesaidlist. TheLOmustalso attestwhetherornotthesubjectlandholdingis asubjectofacivillaw lease. Ifit is, the attested list must contain both his/her/its regular F.rrmworkers and thoseofhis/her/itscivilIawlessees. The failure to submit the duly attested list and the sworn statement during the abovementionedreglementary periodsshall beconstruedas awaiver onthe partofthe LO to exercise his attestation rights as regards the tenants, lessees, and regular farmworkers inhis/herlandholding. 22 Furthennore,theLO'sfailure orrefusal tosubmittheattestedlistshall not,in anyway, delaytheLADprocess. SECfION 51. ARB Selection for Untenanted Lands. For untenanted land, all the farmers/tillers/fannworkers therein who qualify under the existing guidelines on the identification, screening, and selection of ARBs, shall be considered as potential beneficiaries ofthe land, provided that the proportional share ofeach will notexceed three(3) hectares;otherwise,additionalfarmworkersshallbeconsidered. Forunoccupiedlands,eachqualifiedlandlessfannershallbeallowedtheawardceilingof three(3) hectares. SEctION 52.ARB Selection for Commercial Farms/Plantations. Forthepurpose of screening and selection of qualified ARBs in commercial farms/plantations, all concerned P.!\ROs shall create a Beneficiary Screening Committee (BSC) whose members shall be composed ofthe PARO as theExOfficio Chairperson, the MARO, the DARPO Legal Officer, the Provincial Agrarian Refolm Coordinating Committee (pARCCOM) Chairperson or his representative, and the Barangay Agrarian Refonn Committee (BARC) Chairperson, or if there is no BARC, the Barangay Council Chairperson,oftheareawherethelandholdingis locatedorhis representative, pursuant toD.!\R A.O.No.7,Seriesof2003. TheMasterlistof ARBspreparedbytheBSCmust becertifiedas correctandaccurate bytheBARC or, ifthereis noBARC,theBarangay Council. TheBSC mayinvitetheLO/sand/orcivil societyorganization (CSO) representatives in theareatoserveas resourcepersonsintheARB selectionandscreeningprocess,as may benecessary. TheBSCshallexercisejurisdictionin thescreeningandselectionofARBs in commercial farms forcollective distributionto ARBs. TheprocedureenumeratedinSections 55 and 56ofthisA.O.shallapply. SEctION 53. Preliminary list of Potential ARBs For Non-Commercial Farms/Plantations. Within three (3) days fromhis receiptoftheLO'sattestedlist of lessees, tenants and/ or regular furmworkers or after the lapse ofthe thirty (30)-day period forthesubmissionofsaidattestedlist, the MAROtogetherwiththeBARC shall preparethepreliminarylistof potentialqualifiedARBs of thesubjectlandholding,clearly stating therein whether a qualified ARB is classified as a lessee, tenant, regular farmworker, seasonal fannworker, otherfarmworker, actual tiller oroccupantofpublic land (only insofaras untitled private agrieulturallandhoJdings are concerned), orothers directly working on the land. The MARO shall post the preliminary list ofpotential ARBs for seven (7) days at the subject landholding and ensure that the list is clearly visible to general public. For this purpose, waterproof and environmentally-friendly materials, measuring two (2) bythree (3) feet, unless a larger oneis deemed necessary. shallbeused. Additionally, the preliminary list shall also be posted for seven (7) days atthe bulletin boards ofthe Municipal/City Hall and the Barangay Hall where the land covered is located. 23 TheMARO orsuch otherauthorized DARpersonnel shall include in the CF a report stating the fact and date and time ofthe postinglhereofatthe bulletin boards oflhe Municipal/City Hall andattheBarangayHall, aswell as atthe premises, which report shall be accompanied by a certificate ofposting (containing, among others, the date when thenoticewas posted atsaid bulletin boards and premises) to be executed bythe Municipal!City Administrator, the Barangay Secretary, and the BARC concerned, respectively. Wilhin seven (7) days from the last date ofposting, all potential ARBs whose names appear on said preliminary list must submit essential documents to prove his!her qualification as an ARB as provided in Section43ofthis A.O. ThepotentialARBs are as responsible as lheDARMOinprovingtheirownqualification.Thepreliminarylistof potentialARBs mustalso stateinstructionsas to thesubmissionofwrittenrequests and otherdocumentaryproof. Aside from the documents submitted by a potential ARB, the DARMO shall use available documentary evidence at hand, if any, and exhaust all efforts to gather the necessary information!evidence as bases in the evaluation of the potential ARB's qualificationsandinclusioninthesaidlist. Thepreliminarylistmustalsoincludeinstructionstofarmers andfarmworkersnotlisted in thepreliminarylistas tohowtheycanprovethattheyarequalified. Suchfarmers and farm workers who believe that they are qualified ARBs, but whose names are not included in the preliminary list must signify their intent to be included and submit documentaryrequirementswithin seven (7) days from thelastday ofthe postingofthe preliminarylist. SECTION54. ScreeningandSelectionofQualifiedBeneficiaries.Uponreceiptof theapplicationanddocumentaryrequirements,theMAROtogetherwiththeBARCshall screen and select qualified beneficiaries pursuant to Section 22 ofRA. No. 6657, as amended,in aparticularlandholding.TheBARCshallcertifytheMasterListunderoath within five (5) days after the screening and selection. The BARC certified Master List shallbeprovidedtothePAROforthelatter'sapproval. SECTION 55.ServiceandPostingof theMASterList.TheMasterListapprovedby the PARO shall be served by the MARO or any DAR personnel authorized by the PARO, personallyorby registered mail, to all those named therein and to all persons listed inthe preliminarylistbutis notincludedin theapprovedmasterlist. TheMaster List shall clearly state whethera qualified ARB is classified as a lessee, tenant, regular farmworker, seasonal farmworker, other furmworker, actual tiller oroccupant ofpublic land (only insofaras untitled privateagricultural landholdings are concerned), orothers directlyworkingontheland. It shallalsoprovidethelengthofserviceortenure,indays, of eachof lhesaidqualitiedARBs. The Master List shall be accompanied bya notice to lhe qualified ARBs listed therein thattheywill berequiredto executeandsign theAPFUandthatfailuretodososhallbe consideredawaiverof theirrighttobecomebeneficiariesofthelandholding. TheMasterListapprovedbythePAROshallalso be postedbytheMAROorany other DARpersonnelauthorized bylhePAROforseven (l) days atlheBarangay Hallwhere 24 the landholding covered is located. In addition to the foregoing, the MARO orsuch other DAR personnel authorized by the PARO shall simultaneously cause the production and installation ofa billboani, preferably made oftarpaulin orany visible waterproofand environmentally-friendlymaterial,ofsmd MasterList,m"'lSuringtwo(2) by three (3) feet, unless a larger one is deemed necessary, at a conspicuous locabon within thepremises ofthelandholding. TheMARO orsuchotherDARpersonnelshall includein theCF areportstatingthefactanddateandtime ofthepostingthereofatthe bulletin board ofthe smd Barangay Hall and at the premises, whichreport shall be accompanied by a certificate ofposting (concining, among others, the date when the notice was posted at the bulletin board) to be executed by the Barangay Secretary concerned. SECTION56. CompulsoryArbittation.Withinfifteen (15) days afterthepostingof theBARC Certified MasterList, theLOoranyofthe potential beneficiaries mayfile a writtenprotestthereon.Thepartiesconcerned,speciallythepersonstobeexcludedshall be duly notified by the PARa ofthe proceedings and the decision. The PARO shall conduct compulsory arbitration within ten (to) days from receipt ofsmd protest to resolve the same. The PARO's decision shall be final insofar as the Master List is concerned,copyofwhichshallbefurnishedtothepartiesconcerned. In case the decision ofthe PAROin the arbitration results into an amendment ofthe Master List, the amended list shall be postedagain for another seven \T) days in the mannerandplacesprovidedbySection55ofthisAO. SECTION 57. PARO's Authority on Inclusion/Exclusion Protest. The BARC CertifiedMasterListofqualified ARBs becomes final afterthelapse offifteen (15) days from issuance ofthe PARO's decision on the protest and receipt ofthe same by the parties. The authorityofthe PARO to decide is specifically limited toprotests and petitions on the ARBs' qualifications to beincluded in the BARC Certified Master List. After this phase, otherissues related to the ARBs' qualifications underspecific issuances shall be fued as anagrarian lawimplementation(ALl) case totheRD. Any person who disagrees with the PARQ's decision/s or order/s for inclusion/exclusion of potential ARBs in/from the Master List may file a verified petition for inclusion/exclusion against the ARBs therein in accordance with existing ALIrules SECTION58. FilingofInclusion/ExclusiouPetitionwith theRDwithin I-year fromRegistrationofRPTitle.Thefilingofa verifiedpetition for inclusion/exclusion against the ARBs before the RD must be initiated within one (1) year from the registration ofthe Republic ofThePhilippines (RP) title, or, in case the landholdingis untitled, from theissuanceoftheCOD.Apetitionforinclusion/exclusion fued beyond smdone(I)-yearperiodis alreadybarredandmustbedismissed. SECTION 59. Distribution Pending Inclusion/Exclusion. In case an action for inclusion/exclusion ofqualified beneficiaries is pending, the distribution process shall neverthelesscontinue. 25 Ifthe action for inclusion/exclusion is still pendingat the time thatthe Certificates of Landownership Award (CLOAs) are to be generated, theARBs shall be notifiedbythe MARO on orbefore the date ofthe generation ofthe CLOAs thatthe land allocated may still change dependingon the final conclusion ofthe aforementionedaction. lbe PARashallannotateonthebackoftheCLOAthattheawardis notyetfinal untilsuch time that a final and executory decision has been rendered on the pending inclusion/exclusion case. This annotation shall be removed by the PARO in his own instanceuponthetenninationofthesaidcase. SECTION 60. ARB's Oath Before the Judge. The ARBs who qualifY under the screeningprocess shall stateunder oathbeforethejudge ofthe city ormunicipal court that he/she is willing to work on the land to make it productive and to assume the obligation ofpaying the amortization for the compensation ofthe land as well as the landtaxes thereonasstipulatedintheApplicationtoPurchaseandFarmer's Undertaking (APFU). The MARa shall arrange a schedule andtransportation for theARBs to take thisoathbeforethejudgeorthejudgetogototheplaces oftheARBs. ARBs in theMasterListwho fuiI orrefuseto executeandsign theAPFUshall begiven thirty(30) days from the date ofreceiptthereoftosign it. Thefuilure to sign the same within the said thirty (30) days shall be considereda waiver ofthe right to become an ARB. Due notice shall be given to the concerned parties stating the consequence of suchfailure tosignandexecutetheAPFUwithintheprescribedperiod.Suchnoticeshall beservedtogetherwiththeMasterList.asprovidedinSection55ofthisA.a. CHAPTER8.LANDACQUISITION SECTION61. Leaseholders Continue to PayRentals Before COD. For tenanted lands or lands under leasehold, the ARBs shall continue to pay their lease rentals as tenants/lessees based ontheirleaseholdcontracts until such time thattheLBP issues a COD. SECTION62. CARPVolume.The currentlist ofall lands covered by NOCs and all remaining unacquired and undistributed landholdings covered under CARP, including those covered by conversion orders butdeemed to have been reverted into agricultural lands due to the fuilure ofthe LOs to complywith the conditions thereof, as well as thosewhichare in theprocess ofacquisition anddistribution orwill beacquired based on the schedule ofpriorities under Section 7 ofR.A. No. 6657, as amended, shall be submittedbytheDARPOtotheRODconcernedfor segregation ofthecorresponding original copyof the CertificatesofTide of all these lands from the regular volumeor files ofthe Registry, and for the compilation ofthesame in anewseparatevolume (CARP Volume) until the customarynumber oftitles constitutinga regularvolume is reached. ThisCARPVolumeshallbetreatedas arestrictedvolume,andanyvoluntarytransaction onanyofthetides included in this restricted file shallbe subject to clearance in writing from the PARa.The maintenance ofthe CARP Volume shall be undertaken by the LRA-CARPpersonnelunderthesupervisionoftheROD. Any certificate oftide contained in the CARP Volume shall only be returned to the general/regular file upon proofthat the property covered by said tide is exempted, 26 excluded, or ascertained to be outside CARP coverage. Such proof may be in the form of a Court Order or DAR Order which has become final and executory. SECfION 63. Validation and Projections of Landholdings Subject to Acquisition. Landholdings subject of acquisition shall be validated based on ownership documents and on the projection by the DAR on DENR land classification maps to determine whether or not the areas are alienable and disposable. All projections undertaken by the DARPO on land titles, whether administratively or judicially (where the survey was based on the cadastral map of the DENR) issued, shall be confirmed or validated by the DENR-CENRO(PENRO as to the land classification status of said lands. The projections should be prioritized by the PARO and may be done even prior to the issuance of NOC. All projections undertaken by the DARPO on lands covered by judicially issued titles and whose survey was based on the Private Survey (pSU) Plan of the LRA shall be confirmed or validated by the LRA that these lands do not overlap with other titled or decreed properties. Titles judicially issued prior to 1919 based on Act No. 2874 need not be validated or confirmed by the DENR-CENRO/PENRO as to their land classification status, as such lands are classified as alienable and disposable. However, the DARPO, through the Bureau of Land Development (BLD), shall obtain a Certification from the LRA that the subject property does not overlap with a titled or decreed property. Such certification shall include, among others, the Judicial Decree number, date of issuance of Decree, name of adjudicatee, location, and area. SECTION 64. Segregation of Overlapping Tides. Such properties that partially overlap with other titled or decreed properties shall be segregated accordingly during the conduct of the survey on the landholdings subject of acquisition. The acquisition and distribution of such landholdings with an area of more than five (5) hectares that either partially or fully overlap with decreed properties shall continue regardless in whose name the decree has been issued. SECfION 65. Survey Activities Before Field Investigation. The conduct of the survey to determine land use, the segregation of coverable and not coverable areas, and the subdivision survey shall be undertaken prior to Field Investigation (Fl). The PARO shall ensure that all field survey activities shall be completed before the conduct of Fl. A licensed geodetic engineer must participate in the survey. SECTION 66. Discrepancy in Area or Size. In case the area or size of the landholding stated in the TCT or OCT is different from that stated in the Tax Declaration, the area stated in the TCT or OCT shall be controlling and shall be deemed the correct one. In cases of untitled private agricultural landholdings, if there is a discrepancy as to the area or size between the findings on the survey and that in the Tax Declaration, the results of the survey activities shall be deemed the correct one. 27 SECDON 67. Utilization of LUMD Fund. The Land Use Management and Development(LUMD) Fundshall bereleasedandutilizedonlyfor CARP coveredlands with Requisition Survey Services (RSS) approved by the PARO, with a copy thereof furnished to the BID, pursuant to existing guidelines on requisition, approval, and monitoringofsurveyservices. SEctION68.ConductoftheFieldInvestigation.IftheSurveywas conductedprior to the FIand the MasterListhas alreadybeen finalized, the DARPOshall, within three (3) days fromtheaccomplishmentoftheSurvey,submitarequestfortheconductofan FI ofthelandholdingtotheLBP. Attachedto therequestshall bethefmalized Master ListofARBs, the PLUM,andeithertheASP or,ifthe DARhas notyetbeen furnished theASPbytheLMS,theAdSP. TheDARPOshallidentify,notify,andinvitetheW andtheARBs,throughaNotice,to theconductofthe FI.TheNoticemustbeserved by theMAROno laterthan (15) days priortothescheduleddate ofthe conductofthe Fl. Proofofservice shall beincluded in theCF. Thefailure oftheLOorthe identifiedARBtoparticipatein the FI,despite beingnotified, shall beawaiverontheirparttoquestionthefindings thereof. The FIshall beaccomplishedtoverify thereportscurrentlycontained in theCFforthe purpose ofits valuation. It shallbeconducted jointly by the MARO, amemberofthe BARC, and representatives ofthe LBP. A representative ofthe MWlicipal/Provinciai AgriculturalOfficeshallbeinvitedifthereis anissueonthesuitabilityofthelandholding for agriculture. A representative from the DENRCENRO/PENRO shall be invited wheneverthereis anyissueas to theslope. Asarule, thereshouldbeatleastthree (3) concretecylindricalmonuments (also referred toas "Mojon") and/ornaturalbOWldarypointsremainingatthelandholdingatthetime ofthe saidinvestigation. This is to ensurethatthelandholdingbeinginvestigated is the same as thatindicated in theAdSP. Insuchcase,theFI may beconductedeven in the absence ofageodetic engineer. In the event, however, thatthere are less than three (3) monuments and/ornatural boundary points remainingatthe site, then the FI may not beconductedunlessitis donewiththeparticipationofalicensedgeodeticengineer. SECTION 69. Preparntion andTransmittalofthe CF.After the execution ofthe Field Investigation Report (FIR) and theAPFU, the DARMO shall transmit the CFto the DARPO. The CF must be submitted within three (3) days after its completion, which may not be later than fifteen (15) days after the execution ofthe FIR or the APFU, whichever is later. The PARO shall then endorseand transmit the CF to the DAR-LBPPre-Processing Unit (pPU). ThePPUshall have three (3) days to verify the contentsoftheCFafterwhichitshalltransmitthesametotheLBP. AnAdSPshallbeincluded intheCFin lieu oftheASP,if thesaidASPis theonlyitem notavailable forthecompletionoftheCF. TheLBPmay thereafterbeginitsprocessofdeterminingthevalue ofjustcompensation, onthebasis oftheASP,or,initsabsence,theAdSP. SECTION70.AcquisitionMayProceedPendingCaseofInclusion/Exclusionof ARBs. In the eventthe finalization ofthe MasterList ofthe ARBs will necessit'ate the 28 resolution of petitions for inclusion and exclusion of the ARBs therein, the PARO shall inform the LBP regarding the matter, in which case, the conduct of the subdivision survey will come after the FI or upon the finalization of the Master List of the ARBs so as not to delay the land acquisition process. Consequently, the LBP shall proceed with the preparation and release of the MOV to the PARO. SECfION 71. Snbmission of the Approved Survey Plan. The PARO shall submit the ASP to the LBP within three (3) days from its receipt thereof from the LMS. If the ASP is not different from the AdSP included in the CF, then the LBP may determine the initial valuation of the covered landholding. If the ASP/ AdSP is different from the findings in the FIR, a resurvey must be conducted to allow the ASP/ AdSP to conform with the findings in the FIR No MOV may be issued by the LBP prior to its receipt of the ASP. SECTION 72. Valuation by the LBP. The LBP shall determine the initial valuation of the covered landholding in accordance with Chapter 10 of this A.O., other issuances of DAR, and LBP's own internal rules. It shall inform the DAR of its initial valuation, including the computation and factors from which the initial valuation was arrived at, by submitting to the PARO an MOV. An LVW shall be attached to, and form an integral part of, the MOV. Certified true copies of the contents of the CF of the LBP that did not originate from DAR with respect to the LO of the subject landholding. except internal memoranda and other documents therein deemed confidential by the LBP, shall be transmitted by the LBP to the PARO at the same time that it transmits the MOV or within seven (7) days thereafter. The DAR shall reimburse the LBP for the cost of its reproduction of the said contents. SECTION 73. Period to Issue and Serve the Notice ofValuation and Acquisition. Within three (3) days after the PARO receives the MOV with the 1.VW and the copy of the abovementioned contents of the CF from the LBP, he/she shall immediately issue the NLVA attached thereto a copy of the MOV with the LVW, transmit the same to the MARO, and direct the latter to serve the NLVA and MOV with the LVW to the 1.0 within five (5) days from his receipt thereof, in the manner provided in Section 74 hereof. The addresses of the IBP and the Provincial Agrarian Reform Adjudicator (pARAD), Regional Agrarian Reform Adjudicator (RARAD), and the Department of Agrarian Reform Adjudication Board (DARAB) must be stated in the NLVA. SECTION 74. Service of NLVA. If the LO was served with the NOC through personal or substituted service, or, regardless of the type of service, in case the DAR has already ascertained the address of the 1.0, the NLVA and MOV with the 1.VW shall be served to the 1.0 by Reg1stered Mail. The reg1stered mail envelope shall be marked "Deliver to Addressee Only" and "Return to Sender" based on the possibilities that the 1.0 has moved out, address is erroneous or insufficient, or the 1"0 refuses to accept or receive the mailed NLVA. 29 Iftheaddress oftheLOis unknown despitesubstantialinvestigation bytheDAR,orjf the registered mail was sent back to the PARO orremained unserved for fifteen (15) days ormore, thePAROshall effect thepublicationofaNoticein anewspaper locally circulatingwithin the10c3lity bothwhere the subjectlandholdingis locatedand thelast known address ofthe LO. TheNotice shall statethe name ofthe LO, the location of the landholding, the fact thatthe landholding has beenvalued and is to be acquired, a noticethattheLOmayinspectandobtainacopyoftheNLVAfromthePAROandthe BLW,and thatthe LO has thirty (30) days from the date ofpublication to acceptor rejectthevaluation otherwiseitshallbedeemedrejected. TheaddressofthePAROand theBLADshall beindicatedinthesameNotice. SECTION 75. NoticeofLandAcquisitionto bePostedattheSiteofthe Land Holding, the Barangay, and the Municipal/City HaII. A Notice stating that the landholding is to be acquired by the DAR shall be posted by the MARO, or any authorized personnel of the DAR, at a conspicuous location at the site of the landholdingandonthebulletinboardsoftheBarangayHallandtheMunicipal/CityHall where theland coveredis locatedwithinfive (5) days fromhis receiptofthe same.The Notice shall state the name oftheW andthe locationofthelandholding. Incase the circumstances requiring publication in Section 74 hereofis present, the Notice to be postedshall alsostatethattheLOmayinspectandobtainacopyoftheNLVAfromthe PARO and theBLAD,and thattheLOhasthirty (30) days fromthedateofpublication toacceptorrejectthevaluationotherwiseitshall bedeemedrejected. TheBarangay Secretaryand Municipal!City Administrator, respectively, shall thereupon issue thecorrespondingCertificationofPostingCompliance. The failure to post this Notice shall not be a ground for the W to contest the acquisition process,insofaras he/she/ithas received theNLVAortheNLVAhas been published. SECTION76.Acceptance,Rejection,orFailuretoReplybythe1..0.TheLOmust file awritten letterofacceptance orrejection to thePAROwithin thirty (30) days from his/herfitsreceiptofthe NLVA, or from the dateof posting, whicheveris later. The PARO shall, upon acceptance, rejection, or lapse ofthe thirty (30) day period, submitanoticetotheLBPstatingtheactionoftheLO. Incasethevaluationwas rejectedbytheW, ortherewas nowrittenletterofacceptance orrejection filed within the thirty (30) day reglementary period, the valuation shall be resolved administratively by the DARAB orAdjudicatorconcerned in accordancewith its rules, withoutprejudiceto therightoftheW to question thevaluation oftheDAR and LBP with the proper Special Agrarian Coun (SAC). As such, the PARO s l ~ withinthree(3) days fromreceiptoftherejectionletterorfromtheendofthethirty(30) day reglementary period, advise the DARAB/Adjudicator to conduct administrative proceedings by transmiting a Certified True Copy ofthe entire contents ofthe CF, togetherwitheitheracopyoftherejectionletteroraMemorandumstatingthatnoreply was received from theW within thethirty (30) day period,whicheveris applicable, to the appropriate Adjudicator or the DARAB, indicating in a transmittal letter that the valuationhasbeenrejectedbytheLO. 30 SECTION 77. Transmittal of the Order to Deposit Landowner Compensation. The PARa shall, at the same day of its transmittal of the NLVA to the MARa concerned, transmit its Order to Deposit Landowner's Compensation to the LBP. The delay of the posting of the Notice provided by Section 75 of this A.a. shall not suspend the transmittal of the Order to Deposit Landowner's Compensation to the LBP and any other procedure hereof. SECTION 78. Service of the COD and Request for Registration. The LBP shall issue to the PARa a COD upon its receipt of the Order to Deposit Landowner's Compensation. Within ten (10) days from the PARa's receipt from the LBP of a copy of the COD, he/she shall immediately transmit the COD, together with a copy of the ASP and a written request for the issuance of a TCT in the name of the Republic of the Philippines (RP Title), to the ROD. SECTION 79. Withdrawal of Deposited Amount for Land Compensation. In cases of rejection, Las may withdraw the original value of the landholding as determined by the DAR and LBP per MOV, subject to their submission of the requirements for payment. The withdrawal of the value by the La shall not automatically terminate the adjudication of the just compensation case pending with the appropriate Adjudicator or theDARAB. When the La later accepts the original value or subsequent value as recomputed by the LBP based on existing valuation guidelines, the mere filing of a manifestation by the LO regarding the acceptance of the original value or of a joint manifestation by the LO and the LBP on the recomputed value with the Adjudicator or DARAB shall automatically terminate the just compensation case pending thereat. SECTION SO. Just Compensation from AgJarian Refonn Fund Only. The just compensation of the LO shall be drawn solely from the Agrarian Reform Fund. It shall not be drawn from or executed against the general funds and/or assets of the LBP. SECTION 81. DAR Possession Upon Issuance of COD. As a general rule, the DAR shall take immediate possession of a landholding upon the issuance of a COD by the LBP, and shall thereafter immediately proceed with the distribution process to the qualified ARBs of the landholding pursuant to Section 16 of R_I\. No. 6657, as amended. SECTION 82. ROD's Duty to Issue RP Title Upon Receipt of COD. Upon receipt of the PARa's request for the issuance of an RP Title, the ROD shall immediately issue the RP title for the CARP covered area and a separate title to the retention and non- coverable area in the name of the LO. SECTION 83. Accelerated ALI Case Resolution for Pipeline Cases. Notwithstanding the pendency of an AIl case involving a landholding included in the CARPER balance, its acquisition and distribution shall continue. If there is an ALI or DARAB case involving said land and its pendency is prejudicial to the acquisition or distribution process, the PARO shall recommend to the Regional Director, if the case is pending with him, or to the Head Executive Assistant of the Office of the Secretary, if the case is pending with the Office of the Secretary, the Legal Affairs Office, the DARAB, or the Center for Land Use Policy, Planning, and Implementation, as the case may be, that the case be certified as urgent and its resolution be accelerated. 31 CHAPTER 9. LAND VALUATION AND LANDOWNER COMPENSATION SE<"'TION 84. Just Compensation. The compensation for lands covered under R.A. No. 6657, as amended, shall be: a) the amount determined in accordance with the criteria provided for in Section 17 of the said law and existing guidelines on land valuation; or b) the value based on the order of the DARAB or the regular court, which has become final and executory. SECTION 85. Formula for Valuation. The basic fonnula for the valuation of lands covered by VOS or CA shall be: LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10) Where: LV Land Value CNI' = Capita1ized Net Income (based on land use and productivity) cs 2 = Comparable Sales (based on fair market value equivalent to 70% of BIR Zonal Value) MV' = Market Value per Tax Declaration (based on Goverrunent assessment) The CS factor refers to the Market Data Approach under the standard appraisal approaches which is based primarily on the principle of substitution where a prudent idividual will pay no more for a property than it would cost to purchase a comparable substitute property. This factor is determined by the use of 70% of the BIR zonal valuation. The CNI factor, on the other hand, refers to the Income Capitalization Approach under the standard appraisal approaches which is considered the most applicable valuation technique for income-producing properties such as agriculatural landholdings. Under this approach, the value of the land is determined by taking the sum of the net present value of the streams of income, in perpetuity, that willbe forgone by the LO due to the coverage of his landholding under CARP. The MV factor is equivalent to the Market Data Approach, except that this is intended for taxation purposes only. I Factors enumerated in Section 17 of RA such as, the actual use and income are considered inthe determination of the CNI of a particular landholding. 2 Factors. such as, the cost of acquisition of the 1snd, the cwrent value of like properties, loans secured from any government financing institution and seventy percent (70%) of the zonal valuation of the Bureau of Internal Revenue are considered as the CS sub-&ctots. 3 Onthe other hand, factors, such as, the tas dec1aratuions and assessment madeby government assessors wete considered inthe determination of the MY filctor. 32 Valuationcases: a. Ifthreefactors arepresent WhentheCNI,CS andMY arepresent,thefonnulashall be: LV = (CNIx0.60) + (CS x0.30) + (MV x0.10) b. Iftwofactors arepresent b.1) WhentheCS factoris notpresentandCNIandMY areapplicable,thefonnulashallbe: LV = (CNIx0.90) + (MV x0.10) b.2) WhentheCNIfactoris notpresent,andCSandMY areapplicable,thefonnulashallbe: LV = (CSx0.90) + (MV x0.10) c. Ifonlyonefactoris present When both the CS and CNI are not present and only MV is applicable,thefonnulashallbe: LV = MVx2 Innocaseshallthevalueofidlelandusingthefonnula(MV x 2) exceed the lowest value ofland within the same Estate under consideration or within the same barangay, municipality, or province(inthatorder) approvedbytheLBPwithin one(1) year fromreceiptoftheCF. SECTION86. Determination of Annual Gross Production. In thedeterminationof theAnnual GrossProduction (AGP), Selling Price (SP), andCostofOperation (CO) to beusedinthedeterminationoftheCNIfactor, theauditedfinancialstatementfiledwith the BureauofInternalRevenue (BIR) shall be obtained by the DARMO from theLO fifteen (IS) dayspriortothedateofFl.IftheW fails tosubmitthesame,theDARand the LBP may adopt applicable industry data or, in the absence thereof, conduct an industrystudyonthespecificcropconcerned. SECTION87. Lands Awarded to Preferred Beneficiaries, Non-Compensable. In the detennination of the just compensation, the area to be awarded to preferred beneficiariesshallnotbeincluded. The LOshallnotbecompensatedfortheportionof thelandtobeawardedtothepreferredbeneficiaries. 33 SECfION88. PendingLandValuationCases.All previously acquired lands where valuation is subjecttochallengebyLasshall becompletedandfinally resolvedpursuant toSection 17ofR.A.No.6657,as amended. SECfION 89. Additional S% Cashfor VOS.LOs, other than banks and financial institutions, who voluntarily offertheir lands for sale, shall be entitled to an additional fivepercent(5%) cashpayment. SECfION90. WhomtoPayifSubjectLandis Transfened.Forlandholdingswhich were conveyedandthereafterregistered aftertheeffectivityofR.A. No.6657, theLBP mayconsiderthetransfereeas thepayee,providedthatthetransferis validandproofof thetransferis presented. Subject to the rules in A.a. No. 05, Series of2006 and other pertinent A.O.s, for transfers made not in accordance with A.a. No. 01, Series of 1989, the Deed of Conveyance shall be treated as a Deed ofAssignment to the proceeds from the just compensation,forpurposesofthereleaseofpayment. CHAPTER10. LANDDISTRIBUTION SECfION 9L Agreement asto theAllocation ofAwarded Lands. The qualified beneficiaries mayagree amongthemselves as to howthe land shall beallocated to each ofthem. Theagreementmustbesignedbyall thequalifiedbeneficiaries. Ifno agreement is made, the equitable allocation ofthe land shall be observed in the mannerprovidedbySections92, 93, 94, and95ofthisA.O. SECTION92. Three(3) Hectares to RegularFarmworkers andTenants. Unless an agreementamongthe qualified beneficiaries to the contraryis made, only after the agricultural lessees, tenants,andregularfarmworkers, have each been awarded three (3) hectares pursuantto Section 22ofR.A. No.6657, as amended,shallthe otherqualified beneficiaries such as seasonal farmworkers, otherfarmworkers, actual tillers/occupants ofpublic lands (onlyinsofaras untitledprivateagricuiturallandholdings are concerned), andothersdirectlyworkingontheland,beaccommodated. SECfION 93. Allocation ofAwarded Lands.The equitable allocation ofthe land shallbeobservedinthefollowingmanner: a. Landholdings covered by CARP shall be allocated first to agricultural lessees, tenants,andregularfannworkers ofthesame landholdingupto a maximum ofthree (3) hectares each. In case the landholding is not sufficient to award each agricultural lessee, tenant, and regular farm worker three (3) hectares each, it shall be distributed in the manner providedinSection94ofthis A.O. b. After complying with the three (3)-hectare allocation requirement for lessees,tenants,andregularfarmworkers,as thecasemaybe,theMARO shall determine the remainingarea left for distribution to seasonal farm 34 workers, other arm workers, actual tillers or occupants ofpublic lands, and others directly working on the land, in the manner provided by Section95 ofthisAO. c. Excess areas, if any, after the allocation mentioned in the preceding paragraph shall be awarded to collectives or cooperatives ofthe above beneficiaries. However, the tenants/lessees in such excess areas shall be givenareasonabletimetoharvesttheproduceofhis/hercrop,subjectto therules onstandingcrops. In cases, however,wherethereare preferredbeneficiaries approveduponnominationof theLa, each preferredbeneficiary may selecta contiguousandcompactarea, no larger thanthree (3) hectares,tobeallocatedto thempriortodeterminingtheallocation forthe ARBs, provided thatin no case may the distribution oflands to preferred beneficiaries deprive each ofthe agricultural lessees and tenants ofbeingawarded the portion ofthe landholdingtheyareactuallytenanting/leasing,whichinnocaseshall bemorethan three (3) hectares. SECTION 94. If Land Not Enough for Agricultural Lessees, Tenants, and RegularFarmworkers. In cases where the land area is not enough to meet the three (3)-hectareawardceilingforeachagriculturallessee, tenant,andregularfurmworkers ina particular landholding, then the landholding shall be divided equally among them, provided that in no case may the allocation oflands deprive each ofthe agricultural lessees and tenants ofbeing awarded the portion ofthe landholding they are actually tenanting/leasing,which in no case shall bemorethanthree (3) hectares. However, in the extreme cases that the land area is not enough to provide all them one thousand (1,000) square meters each, the names ofthe said agriculturallessee, tenant,and regular farmworkers shall be listed from the ARB who has leased/served the most aggregate time to him/herwho has leased/served least. Each ARB shall, thereafter, be awarded one thousand (1,000) square meters each startingfrom thepersonat thetop ofthe list, until thearearemainingis less thanonethousand (1,000) square meters. Theremaining land area, if any, shall then be distributed equally among those who received one thousand(1,000) squaremeterseach. Other qualified beneficiaries under Section 22 ofR.A No. 6657, as amended, who are displacedafterthe distribution ofall availablelandtotenants/lessees,maystillqualifyas ARBs in otherlandscoveredundertheCARP. SECTION95. Allocation ofSeasonalFannworkers, Other Farmworkers, Actual Tillers or Occupants ofPublic Lands, and Others Directly Working On The Land. The remaining land shall be allocated to the seasonal farmworkers, other farmworkers, actual tillers oroccupants ofpublic lands, and others directlyworkingon thelandinthefollowingmanner. (a) The remaining area shall be distributed equally among seasonal farmworkers, but in no case shall each be awarded more than three (3) hectares each. Inthe extreme cases that the land area is not enough to provide all the seasonal funnworkers one thousand (1,000) square meters each, the names 0 fthe said seasonalfannworkers shall be listed from the farmworkerwho has servedthemostaggregate time to him/herwho has 35 served least Each seasonal fannworker shallthereafter, beawarded one thousand(1,000) squaremeters eachstlrtingfromthepersonatthetopof !he list, until the area remwingis less than one thousand (1,000) square meters. The remainingland area, ifany, shall !hen be distributed equally amongthosewhoreceivedone!housand(1,000) squaremeterseach. (b) Ifafterall the seasonalfarrnworkers have beenallocated three (3) hectares eachtherestillremwsalandarea,oriftherearenoseasonalfarmworkers, itshall bedistributedequallyamong!heotherfarmworkers, butinnocase shall each beawardedmore than !hree (3) hectares each. In the extreme cases thatthelandareais notenoughto provideall theotherfarmworkers one thousand (1,000) square meters each, the names ofthe said other fannworkers shallbe listedfromthehmnworkerwhohas servedthemost aggregate time to him/her who has served least. Each ofthe other fannworkers shall, thereafter, be awarded one thousand (1,000) square meters each starting /Tom the person at!hetopof!he list, until the area remainingis less thanonethousand(1,000) squaremeters. The remaining land area, if any, shall then be distributed equally among those who receivedonethousand(1,000) squaremeterseach. (c) Ifafterall the otherfurmworkers have been allocated three (3) hectares each there still remains a land area, and jfthe landholdingis an untitled private agricultural land, it shall be distributed equally among the actual tillers or occupants ofthat public land, but in no case shall each be awardedmorethan three (3) hectares each. In theextremecases thatthe land area is not enough to provide all the aetual tiller/occupant one thousand (1,000) square meters each, !he names of the said actual tiller/occupant shall be listed from the actual tiller/occupant who has tilled/occupiedthesaidlandthemostaggregate timetohim/herwhohas tilled/occupiedleast Each oftheactual tiller/occupantshall, thereafter, be awarded one thousand (1,000) square meters each starting from the person at the top ofthe list, until the area remaining is less than one thousand (1,000) square meters. The remaining land area, ifany, shall then be distributed equally among those who received one thousand (1,000) squaremeterseach. (d) Finally, ifafterall the actualtiller/occupanthave beenallocated three (3) hectares each there still remains aland area, orifthe landholdingis not an untitled private agricultural land, it shall be distributedequally among the otherpersons directlyworkingontheland, butin no case shall each beawarded morethan three (3) hectares each. In the extremecases that the land area is not enough to provide all these other persons one thousand (1,000) square meters each, the names ofthese other persons shall be listed from him/herwho has worked the said land the most aggregate time to him/herwho has worked least. Each ofthe actual tiller/occupantshall, thereafter, beawardedone thousand (1,000) square meters each startingfrom the person atthe topofthelist, until the area remaining is less than one thousand (1,000) square meters. The remaininglandarea,if any, shall thenbedistributedequallyamongthose whoreceivedonethousand(1,000) squaremeterseach. 36 SECTION 96. Award of CLOA. In general, the land awarded to an ARB should be under an individual CLOA-title coveringone (1) contiguous traet or several parcels of landcumulateduptoama.mumofthree (3) hectares. Qualified beneficiaries may opt for collective ownership, through a co-workers or farmers' cooperative/association orsome otherform ofcollective organization, for the issuance ofcollective ownership titles: Provided,Thatthetotal areato be awarded shall notexceed thetotal number ofco-owners ormembers ofthe cooperative orcollective organization multiplied by the award limit ofthree (3) hectares, except in meritorious cases as may be determinedbythe PARC, andprovidedfurtherthatthe conditions for thegrantofcollective CLOAsunderthisA.O.aremet. Under collective ownership, a collective CWAto the property shall be issued in the names ofthe co-owners,whomay forma farmers' cooperative/association orcollective organization.If theCWAsareissuedcollectively,thenamesofallthebeneficiaries must belistedin theCLOA.Ifthesubjectlandis legallytransferred,thetransferee,ifqualified, can be substituted as beneficiary ofthe individual CLOA upon the approval ofthe PARO. Collective CLOAsmaybeissuedunderthefollowinginstances: 1. The current farm managementsystem ofthe land covered by CARP is not appropriate for either individual farming or division of the landholdingintofarm parcels; 11. The farm labor system is specialized, where the farmworkers are organiZed by functions such as spraying, weeding, packing, and other similaractivities,and notbyspecificparcels; lll. The potential beneficiaries are currently not farming individual parcels butcollectivelyworkingonlargecontiguousareas;and lV. The farm consists of multiple crops being farmed in an integrated manner,orincludes non-eropproductionareas thatare necessaryforthe viability offarm operations, such as packing plants, storage areas, dikes, and other similar facilities that cannot be subdivided or assigned to individualfanners. The names ofthe ARBs sharing a collective CWAissued in the name ofa farmers' cooperative/association or collective organization shall be listed at the back thereof. Those listed shall be deemed as the owners ofthe landholding covered by the said collectiveCLOA. SECTION 97. Collective Ownership of Idle, Abandoned, or Undeveloped Land. Foridleandabandonedlandsorundevelopedagriculturallands tobecoveredbyCARP, collective ownership shallbeallowed onlyif thebeneficiaries optforitandin casethere is a clear developmentplan that would require collective farming or integrated farm operationsexhibitingtheconditionsdescribedin Section96ofthis AD. Otherwise,such lands awarded to ARBs should be under individual CLOAs/titles, covering one (1) 37 contiguous tract or several parcels ofland cumulated up to a maximum ofthree (3) hectares. SECfION98. PeriodtoSelectTypeofCLOA.With respecttoARBswho may opt for collective CLOAs under Section 96 and 97 of this AO., the ARB must file a manifestation to the PARa as to whether he/she opts for an individual CLOA or a collectiveonewithinanon-extendibleperiodoffifteen (15) days fromthepostingofthe MasterListof ARBs. Thefailure tofile saidmanifestationwithinthis fifteen (15)-dayreglementaryperiodshall be construed as awaiver ofthe right to choose, and theARB shall be deemed to have optedforan IndividualCLOA SECTION 99. SpecificationofActualArea to beAwarded.After theARBs have decidedwhethertheywantedto beawarded an individualCLOAoracollective one,the MARO shall allocate theactual portion ofthe landholdingto be awarded to the ARBs. In allocatingthearea, theMARashall decide in accordancewith the preference ofthe ARBs,subjecttothefollowingfactors inthefollowingorder. 1. The area ofthe individual ARBs sharing a collective CLOA shall be adjacentandcontiguouswitheachother; lJ. TheareatenantedbyanARBshall bethatawardedtohim/her. SECfION100. Usufructuary RightofARBs. Notwithstanding Section 108 ofthis AO., the ARBs have the rightofusufructovertheland from thetime the DARtakes constructiveoractualpossessionofthesameuntiltheawardofaCLOA. PendingtheawardoftheCLOAand for thepurposeofestablishingusufructuaryrights, the DAR, upon issuance ofthe COD and upon actual possession ofthe land, shall immediately informtheARBs thattheyhavebeenidentified and qualified to receive the land. SECTION 101. Labor-Related Issues not a Deterrence to the Acquisition and Distribution of Iandholding. The existence oflabor-related issues between the l.0 and the f.urnworkers, including questions onownership ofthe subjectlandholdingand payment of just compensation, shall in no case deter or delay the process ofland acquisitionanddistribution. SECTION 102. When Other Rights and Obligation ofARBs Commence. The rights oftheARBs,otherthantheusufructuryrightsprovidedin Section100hereof,and theirresponsibilities shall commence from their receipt ofa certified true copy ofthe duly registered Certificate of Land Ownership Award (CLOA) and actual physical possessionoftheawardedproperty.Thefollowingaretheobligations ofARBs: a. AllARBs shall exercise diligencein the use, cultivation,and maintenance ofthe land, including the improvements thereon. Negligence, misuse, or unauthorized sale ofthe land ormisuse ofany supportextended to an ARBshall beagroundfortheforfeiture ofone'srightas anARB. 38 b. Amortization payments shall commence one (1) year from the date of actual occupancyoftheARB,providedthattheCWAhas alreadybeen registered. Subject to existing rules on computation ofamortization based on the principle ofaffordability and provision for government subsidy, ARBs shall have the obligation to pay the LBP in thirty (30) annual amortizationswithinterestatsixpercent (6%) perannum, unless the ARB opts to accelerate payment. Amortizations shall not include interestdue forthedelayinpaymentofjustcompensationto theLOs. c. ARBs shallhavetheobligationtopaytherealpropertytaxes dueontheir awardedlands. Furthermore, hnds awarded to ARBs under this Act may not be sold, transferred, or conveyed,exceptthroughhereditlrysuccession ortotheGovernment,ortotheLBP,or to other qualified beneficiaries within a period of ten (10) years and while the amortizationpaymentshaveyettobefully paid;provided,however,thatthe children or the spouse of the transferor shall have a right to repurchase the land from the governmentortheLBPwithinaperiodoftwo (2) years fromthedateoftransfer. SECfION 103. Real Property Tax Liability of ARB Cooperative. The ARB Cooperative/Association may assume the responsibility ofpaying the local government unit (LGU) the real propertytax (RPT) dueon collectivelyawarded land, subjecttothe provisionsoftheCooperativeCodeofthePhilippines. SECfION 104. Facilities for Common Use and Award. Land improvements and facilities that are not property ofpublic dominion, such as private roads and bridges, warehouses, and the like, which are for common use and benefit as may be defined by DAR, shall be transferred to all ofthe ARBs in the landholding through a Farmers' Association or Cooperative, or in the absence thereof, through co-ownership, and equallysharedpaymentscoveredundereitherindividualorcollectivelandamortizations, as thecasemaybe. SECfION 105. Award to Qualified SpOUlleS. Agrinuturallessees andtenants, regular farmworkers, and other qualified beneficiaries such as seasonal farmworkers, other fannworkers, actual tillers/occupants ofpublic lands (only insofar as untided private agricultural hndholdings are concerned), members ofcollectives orcooperatives ofthe above beneficiaries, and others directlyworkingonthelandwhoare husband andwife may be entidedto three (3) hectares each, provided thatthey qualify as ARBs in their own individual right and that theirrespective vested rights to the land have been duly established.A separateCLOAshallbeissuedtoeachspousein suchcases. For legally married spouses, the names ofboth husband and wife shall appear in the CLOA and shall be preceded by the word "spouses". Should the couple qualify as individualARBs, theirnames shallberegisteredinthetide,towitJuanmarriedtoMaria orMaria married toJuanto indicate thatthe first name is theawardee. Inthe case ofa common-lawrelationship, the names ofbothparties shall likewise appearin the CLOA with the conjunctiveword "and" betweentheirnames. Should they likewise qualifyas individualARBs, theirnames shall be registeredwithouttheother.Thesame provisions shallapplyincaseswherethemarriedARBs orARBs in acommon-lawrelationship are 39 covered by a collective/co-ownersbipCLOAandtheirnames are annotatedattheback ofthesaid CLOA. Forpurposesof ARBinventoryandreporting,spousesorpartieswhosenames appearin asingleCLOAshall becountedas oneARB. SECTION 106. Ministerial Duty of ROD in CARP Implementation. It is the ministerialdutyof theRODtu: 1. Issuethetitle oftheland in the nameofthe Republic ofthePhilippines, aftertheLBPhascertifiedthattheclaimproceedshavebeendepositedin the name ofthe LO constituting full paymentin cash and bonds, with duenoticetotheLO; 2. RegistertheCLOAgeneratedbyDAR; 3. Cancelprevious titles pertainingthereto;and 4. IssuetitlefortheLa'sretainedareaandothernon-CARPableareas. SECTION 107. Repository ofRegistered CLOAs. AU registered UDAs shall be released by theRODto theLBPas the mortgagee financing institution. The LBP shall provide two (2) sets of certified true copies of the CLOA, closely simulating the appearance, color, and paper ofthe same, tu the PARO. The PARa shall thereafter transmitonesetofthecopies tutheARBswithin fifteen (15) days fromhis/herreceipt oftheCLOAs.TheLBP shallbetheresponsible repository ofthe encumberedCLOAs until the time oftheir release tu the concerned ARBs upon full payment ofthe land amortization,andthecancellationoftheencumbrance. CHAPTERU. INSTAllATIONOFAGRARIANREFORM BENEFICIARIESONAWARDEDLANDS SECTION 108. ARB's Right ofPossession. As owner/s ofawarded lands under CARP,theARB/sshall take possessionofthe landcoveredbyhis/her/theirtitles from thetimethesameis awarded to themthrougharegisteredCLOA. SECTION109.Writof Instal1ation. Incasetakingpossessionoftheawardedlandby theARBswouldimperilorendangertheirlives,the DARshallassumeresponsibilityfor the installation ofthe ARB/s on the subject land with the assistance ofthe police or militaryuntiltheyaresettledandinconstructiveandphysicalcontroloftheproperty. Inpursuance ofthis mandate, the PARamayissue a WritofInstallation directingthe Sheriff ofthePARAD orthe RARADwhohas jurisdiction overthelandholding,alone orwith the assistance ofthe police ormilitllry, to conduct all necessary lawful acts to physicallyinstalltheARB/sonthesubjectlandholding. Incasetheinstallation activitieswouldnecessitatetheprovisionof policeand/ormilitllry forces to assist the Sheriff, the PARO shall coordinate the said activities with the 40 Department of National Defense-Armed Forces of the Philippines (DND-AFP) and the Department of Interior and Local Government-Philippine National Police (DILG-PNP), pursuant to the existing guidelines per Memorandum of Agreement executed by th: DAR, Department of Interior and Local Government (DILG), and Department ot National Defense (DND). SECTION 110. Continuing Responsibility. The DAR, in cooperation with the AFP, PNP, and/or the LGU, shall ensure that installed ARBs shall continue to enjoy their right of ownership and possession over the lands awarded to them. ARBs may seek assistance from the DAR when they are facing threats, harassment, or ejection attempts by the LO or other parties. Assistance shall include, among others, the duty of the DAR to assist ARBs in reporting these cases to the police and the military, and the ftling of the appropriate legal action against those responsible, if warranted. If dispossessed, the ARBs must be given assistance so that they can re-occupy their land. SECfION 111. Harassment of ARBs. In the event the former ill harasses or threatens the ARB/ s installed by the DAR, the affected ARB/ s shall immediately report the matter to the concerned PNP and the DAR The ARBs should be assisted by the DAR Regional/Provincial Legal Division, Public Attorney's Offtce (FAO), and the Office of the City/Provincial Prosecutors. In the event that ARBs are driven out of the land against their will, the said ARBs shall take the initiative in ftling a criminal case against the perpetrator, with the DAR providing legal assistance. The affected ARBs shall be re-installed notwithstanding the pendency and result of the case filed against the perpetrator conformably with A.O. No. 4, Series of 201 O. SECfION 112. ObstnJction of Landowner. If the former LO deliberately acts to delay, stall, or obstruct the installation of the ARBs, the DAR shall initiate a criminal case against him/her for violation of Section 73 (d) of RA. No. 6657, as amended, without prejudice to any other case that may be filed by any other person. Moreover, the DAR shall ask that the LO be held liable by the Court for actual, compensatory, and moral damages suffered by the ARB/s. SECfION 113. DAR Referral to DO}. In cases of failed installation and/or dispossession of fIBs due to LO harassment, the DAR may refer the matter to the DO] for the proper investigation of possible violation of Section 73 of RA. No. 6657, as amended. SECTION 114. Protective Injunction Order. The RD and the DAR Secretary, motu proprio, can grant a protective injunction order within two (2) years from the issuance of the CLOA to preserve the covered lands and ensure the peaceful and effective ownership of the ARBs. A protective injunction order may be a mandatory one to enjoin the performance of a ministerial duty sanctioned by the laws or prohibitory in nature to refrain the doing of an act that is detrimental to the rights of the parties in an agrarian controversy. The failure to comply with such an order is punishable as an obstruction to CARP implementation under Section 73 of RA. No. 6657, as amended. 41 CHAPTER12. FINALPROVISIONS SECTION 115. Power ofSecretaryto Suspendthe Rules. In order to serve and protect the interest of CARP implementation and justice, the DAR Secretary may suspendtherules embodiedin thisA.O. SECTION 116. TransitoryProvision. The DARshall notbe required to serve new NOCs to illsproperlyservedwith suchpriorto the effectivityofthese Rules. Those LOsshall beboundbytheperiodsto exerciserightsstatedin theappropriateAO. Within thirty (30) days from the effectivity ofthese Rules, the MARO shall makc an inventory ofall NOespreviouslysent butnotreceived by the ills.NewNOCs shall thenbesenttotheseLOsimmediately,in accordancewiththeseRules. SECTION 117. Repealing Clause. All A.O.s inconsistent herewith are hereby accordinglyrepealed,modified,and!oramended. SECTION 118. Separability Clause. Any judicial pronouncement declaring as unconstitutional any provision ofthis A.O. shall have no effect on the validity ofthe otherprovisions notaffectedthereby. SECTION119. EffectivityClause.TheseRules shalltake effectten (to) days afterits publication intwo (2) newspapersofgeneralcirculation. Diliman,QuezonCity, gO.m'Uf. Published in two (2) National Newspepers of general Circulations: 1. Manila Times 2. Malaya Date of Publication - October 5. 2011 Departmenl 01 Agrarian Reform rnlice o ~ SsClel81j II/ ~ 1/II/IIIII/II/II/111111111111111111111 AO-l1-04n94 42 Republic of the Philippines DEPARTMENTof AGRARIAN REFORM CERTIFICATION This is to certify that DAR Administrative Order No.7, Series of 2011 entitled "REVISED RULES AND PROCEDURES GOVERNING THE ACQUISITION AND DISTRIBUTION OF PRIVATE AGRICULTURAL LANDS UNDER REPUBLIC ACT (R.A.) NO. 6657, AS AMENDED" is published today, Wednesday, 05 October 20 II at Manila Times and Malaya newspapers. Issued this S1h day of October 2011 for whatever pmpose it may selVe. Elliotical Road, Diliman, Quezon City Tel. (632) 928-7031 to 39