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FILING FOR EXEMPTION FROM CARP COVERAGE WHERE SHOULD PROTEST BE FILED?
Office of PARO or CLUPPI-2 as the case may be, having
WHEN SHOULD THE APPLICATION ON EXEMPTION BE FILED? jurisdiction over the property.
Within 60 days from receipt of notice of coverage, if
applicable. WHAT ARE THE GROUNDS FOR PROTEST?
a. Landholding is classified as within the agricultural zone based
WHAT ARE THE REQUIREMENTS FOR FILING OF EXEMPTION on the zoning ordinance or comprehensive land use plan of the
CLEARANCE? LGU approved by HLURB
a. SPA if applicant is not the registered owner nor one of the b. Subject property has been covered by Operation Land Transfer
co-owners of the property under PD 27.
b. Notarized Sec. Cert. of the corp. or cooperative,
authorizing the applicant’s representative to file the WHAT IS AGRICULTURAL LEASEHOLD CONTRACT? (PD 3844 –
Sworn Application for CARP Exemption + latest notarized Land Reform Code)
GIS A formal tenurial agreement reduced into writing between a
c. True copy of the original COT or TCT of the subject land, lessor-landholder and lessee-farmer where the former
certified by the RD not earlier than 30 days prior to the consents to the latter’s personal cultivation in consideration
application filing date. from a fixed rental either in money or produce or both.
In case of untitled land,
a. Certification from DENC Cenro – classified as A&D WHO IS AN AGRICULTURAL LESSEE?
b. Certification from DENC Centro – for admin. Confirmation of One who by himself and with the aid available from within his
title or Clerk of Court (for judicial confirmation of title) that the immediate farm household, cultivates the land belonging to or
titling process has commenced and there are no adverse possessed by another, with the latter’s consent, for purposes
claimants; of production, for a price certain in money or in produce or
c. Land Classification certification either from HLURB, DENR both.
Mines and Geosciences Bureau, LGU, NIA, as the case may be.
d. Certification from MARO re public notice requirement WHEN IS THERE AN AGRICULTURAL LEASEHOLD RELATION?
compliance By operation of law
e. Photographs of the subject land
f. Proof of receipt of payment of DC, or valid agreement to pay WHO MAYBE CONSIDERED AS THE LESSOR?
or waive payment of the same The person who furnishes the landholding, either as an owner,
g. Affidavit/Undertaking in a single document stating: civil law lessee, usufructuary or legal possessor
The number and names of qualified beneficiaries, or
The applicant has erected a billboard required WHAT IS THE EFFECT OF AN AGRICULTURAL LEASEHOLD
That he has not committed any forum shopping CONTRACT?
That when there is a dispute on the DC, the applicant Provides security of tenure to a leasehold lessee on his
shall abide with the decision of the adjudicating authority landholding and cannot be ejected therefrom unless
authorized by Court for causes provided under RA 3844.
WHO ARE THE APPROVING AUTHORITIES FOR EXEMPTION?
Regional Director (RCLUPPI recommendation) – for properties WHEN MAY THE LEASEHOLD CONTRACT BE EXTINGUISHED?
with area less or equal to 5 hectares a. Abandonment of the landholding without knowledge of the
ALessor
Secretary (CLUPPI-2 recommendation) – for properties with b. Voluntary surrender of the landholding by the Alessee,
area larger than 5 hectares written notice at least 3 months in advance
c. Absence of persons to succeed to the lessee, in case of death
MAY A CONDITIONAL EXEMPTION ORDER BE GRANTED? or permanent incapacity
YES, subject to the applicant’s/landowner’s posting of bond, as
determined by the Adjudicator. WHAT IS THE RIGHT OF PRE-EMPTION?
Provided, the property applied for exemption shall not be In case the ALessor decides to sell the landholding, the ALessee
developed for non-agricultural purposes until the finality of shall have the preferential right to buy the same under
the exemption order. reasonable terms and conditions, provided that:
The entire landholding must be pre-empted by the
MAY A PROTEST OF EXEMPTION BE FILED? Land Authority if the landowner so desires;
When there are 2 or more ALessees