INCLUSION/EXCLUSION/

DISQUALIFICATION OF ARBs
I. INTRODUCTION

This template may serve as a guide in cases where the main issue is the
inclusion, exclusion and disqualification of agrarian reform beneficiaries
(ARBs).

Unless otherwise stated, the provisions of this template are based on DAR
Administrative Order No. 07, Series of 2011, effective 15 October 2011.

II. CHECKLIST OF DOCUMENTARY REQUIREMENTS

IN ALL CASES

[ ] MARO Report/Ocular Inspection Report

A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES

General requirements

[ ] Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No.

33);
[ ] Request/Petition to be included as Potential ARB in the Preliminary
List of ARBs (CARP-LAD Form No. 25);
[ ] Notice of Disqualification as Agrarian Reform Beneficiary (CARP-
LAD Form No. 31), if petitioner was disqualified from being
included in the Preliminary List or Updated Preliminary List of
Agrarian Reform Beneficiaries;
[ ] If there is no Notice of Disqualification as ARB, MARO’s
certification to that effect
[ ] Leasehold contract and /or proof of tenancy papers (if available);

Proofs of general qualifications of ARBs:

1. A farmer/tiller who owns less than three (3) hectares of agricultural

land
[ ] Any document of probative value such as:
 Certificate of aggregate landholdings of the ARB issued by the
city/municipal/provincial assessor
 Land titles
 Tax declarations

2. Filipino citizen;
[ ] Any document of probative value showing Filipino citizenship such
as
 Voter’s identification card
 Certified copy of voter’s registration record
 Birth Certificate

3. Resident of the barangay (or the municipality if there are not enough
qualified ARBs in the barangay);
 [ ] Any document of probative value such as
 Barangay certificate indicating potential ARBs as bona fide
residents of the barangay and/or municipality
 Valid postal identification card

4. At least fifteen (15) years of age at the time of identification,

screening and selection of farmer-beneficiaries; and
[ ] Any document of probative value showing date of birth such as
 Birth certificate
 Voter’s identification card or certified copy of voter’s
registration record
 Marriage License/Marriage Contract
 Affidavit of two (2) Disinterested Persons

5. Willing, able and equipped with the aptitude to cultivate and make the
land productive.
[ ] Affidavits of two (2) disinterested persons to that effect.
[ ] Sworn Statement to that effect by the potential ARB
[ ] BARC Certification

Proofs of specific qualifications for farmworkers in commercial farms or

plantation (in addition to the General Qualifications stated above:

 Must have been employed in the landholding covered under CARP to

be deemed a regular farmworker.
[ ] Any document of probative value such as

 Social Security System (SSS) identification card for

farmworkers;
 Employment certificate indicating length of service and/or
periods of employment in the commercial farm or plantation, if
applicable;
 Payslips or payroll, if applicable;
 Original or certified copy of notice of dismissal or retrenchment
for farmworker beneficiaries, in cases of dismissal or
retrenchment;
 Original or certified copy of decision, order or ruling by a court,
quasi-judicial body or administrative agency in the event that
there was a case related to the dismissal, retrenchment, etc., of
the potential ARB;
 Original or certified copy of letter of resignation for farmworker
beneficiaries, if applicable.

Proofs of qualifications of a landowner’s child as preferred beneficiary

1. Child of landowner;
[ ] Any document of probative value such as
 Birth certificate
 Baptismal certificate

2. Filipino citizen;
[ ] Any document of probative value showing Filipino citizenship such
as:
 Voter’s identification card
 Certified copy of voter’s registration record

3. At least fifteen (15) years of age as of the issuance of 15 June 1988;

and

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 [ ] Any document of probative value such as
 Birth certificate
 Voter’s identification card
 Certified copy of voter’s registration record

4. Actual tiller or directly managing the farm as of the time of conduct of

field investigation of the landholding under CARP
[ ] Ocular inspection report showing such fact,
[ ] Affidavits of two (2) disinterested persons to that effect, and

Additional requirement:

In no case may the distribution of lands to preferred beneficiaries

deprive each of the agricultural lessees and tenants of being awarded
the portion of the landholding they are actually tenanting/leasing,
which in no case shall be more than three (3) hectares.

[ ] Certificate of aggregate landholding from the

City/Municipal/Provincial Assessor (DAR AO No. 6, Series of 2006,
Section 5.2.3.3)

B. EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES

General requirement

[ ] Master List of Agrarian Reform Beneficiaries (CARP-LAD Form

No. 33);

Proof of grounds for exclusion

1. Failure to meet the qualifications as provided for under Section 22 of

R.A. No. 6657, as amended:

All ARBs must be:

i. A farmer/tiller who owns less than three (3) hectares of

agricultural land; SC
ii. A Filipino citizen;
iii. A resident of the barangay (or the municipality if there are not
enough qualified ARBs in the barangay);
iv. At least fifteen (15) years of age at the time of identification,
screening, and selection of farmer-beneficiaries; and
v. Willing, able, and equipped with the aptitude to cultivate and
make the land productive.

[ ] Any document of probative value that will establish such failure.

2. Voluntary execution of a waiver of right to become an ARB in

exchange for due compensation, and such waiver has not been
questioned in the proper government entity as of the effectivity of t
DAR A.O. No. 07-2011 (October 15, 2011), or as of date of approval of
DAR A.O. No. 2-2009 (October 15, 2009), whichever is applicable;

[ ] Original or photocopy of waiver of right, and

[ ] Receipt/s of payment of due compensation (if available)

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3. With respect to commercial farms, termination from the service for
cause as of the date as of the effectivity of DAR A.O. No. 07-2011
(October 15, 2011), or as of date of approval of DAR A.O. No. 2-2009
(October 15, 2009), whichever is applicable; unless a complaint for
illegal dismissal regarding the said termination is pending, in which
case the termination must be affirmed with finality by the proper
entity of the government;

[ ] Notice of dismissal,
[ ] Original or certified copy of decision, order or ruling by a court,
quasi-judicial body or administrative agency, and
[ ] Copy of entry of judgment issued by the clerk of court, quasi-
judicial agency or administrative body

4. Retrenchment from the farm and receipt of separation pay, and the
retrenchment not having been appealed or questioned in the proper
government entity as of the date of approval (not effectivity) of DAR
AO No. 7, Series of 2003 (18 December 2003);

[ ] Notice of retrenchment,
[ ] Receipts of separation pay, and
[ ] Certification from the pertinent court or administrative agency that
there is no case filed questioning the retrenchment

5. Holding managerial or supervisory positions as of the issuance of the

NOC shall not qualify as ARBs.
 However, farmworkers who were promoted to managerial or
supervisory positions after they were identified, screened, and
selected shall remain as qualified ARBs.

[ ] Certificate of employment showing relevant dates and positions

6. Voluntary resignation or voluntary retirement from the service,

provided this was not attended by coercion and/or deception, and
there is no case questioning said voluntary retirement or voluntary
resignation by the applicant as of the date of effectivity of DAR A.O.
No. 07-2011 (October 15, 2011), or as of date of approval of DAR A.O.
No. 2-2009 (October 15, 2009), whichever is applicable;

[ ] Resignation/retirement letter,
[ ] Certification from employer, and
[ ] Certification from pertinent court or administrative agency that
there is no case filed questioning the retirement or alleging
resignation attended by coercion or deception

7. Material misrepresentation of the ARB's basic qualifications under

Section 22 of R.A. No. 6657, as amended by R.A. No. 9700, P.D. No.
27, and other agrarian laws.

[ ] Copy of falsified document,

[ ] Copy of true document,
[ ] Affidavits of two (2) disinterested persons setting out facts of the
misrepresentation, and
[ ] BARC Certification

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 8. Final judgment for forcible entry or illegal detainer by persons who
are originally not qualified beneficiaries as agrarian reform
beneficiaries, the unlawful entry of which would have allowed them to
avail the rights and benefits of an agrarian reform beneficiary

[ ] Original or certified true copy of the decision of the proper

Municipal Trial Court, and
[ ] Copy of the entry of judgment issued by the clerk of the proper
Municipal Trial Court.

9. With respect to foreclosed landholdings, the landowner thereof and/or

his children, but only insofar as the same foreclosed landholding is
concerned, where the redemption period has already expired and
which land is to be subsequently covered under CARP, cannot qualify
as an ARB on the foreclosed land, notwithstanding his/her/their being
in actual possession and cultivation thereof.

[ ] Original or certified true copy of the decision of the proper court on

the foreclosure, and
[ ] Copy of the entry of judgment issued by the clerk of the proper
court.

10. Landowners who have voluntarily offered their landholdings for

coverage under CARP, and those who have previously waived their
rights to retain, are disqualified from becoming ARBs of other
landholding/s being covered or to be covered under CARP.
 The LO's voluntary offer or his previous waiver is construed to
be an inability and/or unwillingness to cultivate the land and
make it productive. T
HEc
[ ] Any document of probative value that will establish the VOS, or
waiver

11. Commission of any violation of the agrarian reform laws and

regulations, or related issuances, as determined with finality after
proper proceedings by the appropriate tribunal or agency.

[ ] Copy of the judgment of the appropriate tribunal or agency, and

[ ] Copy of the entry of judgment

C. DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED

THE SCREENING PROCEDURE

Proof of grounds for disqualification existing before award of EP/CLOA

See grounds for exclusion of farmer-beneficiaries from the masterlist

of potential agrarian reform beneficiaries.

Proof of grounds for disqualification existing after award of EP/CLOA (in

effect grounds for cancellation of EP/CLOA

1. Deliberate and absolute failure of the ARB to pay an aggregate of

three (3) annual amortizations to the LBP and subsequent failure to
exercise the right of redemption/repurchase within two (2) years,
provided that:
 an amortization table has been issued to the ARB, and
 the amortizations shall start one (1) year from the ARB's actual
occupancy pursuant to Section 26 of R.A. No. 6657, as amended;

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 [ ] LBP certification of non-payment of an aggregate of three annual
amortizations, and
[ ] Copies of all receipts of payments

2. Deliberate and absolute non-payment of three (3) consecutive

amortizations in case of a voluntary land transfer/direct payment
scheme, provided that:
 the ARB has been installed and is in actual possession of the land,
except when the non-possession of the ARB is attributable to his
or her own fault;

[ ] Copies of all receipts of payments

3. Misuse or diversion of financial and support services extended to

ARBs pursuant to Section 37 of R.A. No. 6657, as amended:

[ ] Affidavits of two (2) disinterested persons showing facts of such

misuse or diversion, and
[ ] Copy of the contract or document stating the kind of financial
support extended by the government

4. Negligence or misuse of the land or any support extended by the

government as provided in Section 22 of R.A. No. 6657, as amended

[ ] Affidavits of two (2) disinterested persons,

[ ] Copy of the contract or document stating the kind of support
extended by the government,
[ ] DA Certification on the non-productivity of the land, stating the
causes of non-productivity, and
[ ] Recent photographs of the land (taken within the week prior to
filing of the petition)

5. Material misrepresentation of the ARB's basic qualifications under

Section 22 of R.A. No. 6657, as amended by R.A. No. 9700, P.D. No.
27, and other agrarian laws.

[ ] Copy of falsified document,

[ ] Copy of true document,
[ ] Affidavits of two (2) disinterested persons setting out facts of the
misrepresentation, and
[ ] BARC Certification

6. Sale, transfer, lease, or any other form of conveyance by a beneficiary

of the right of ownership, right to use, or any other usufructuary right
over the land acquired by virtue of being such beneficiary, in order to
violate or circumvent the ten (10)-year prohibitory period under
provisions of Sections 27 and 73 of R.A. No. 6657, as amended by R.A.
No. 9700, P.D. No. 27, or when the awarded land has not been fully
paid by the ARB, or abandonment of the lands awarded by the
government under the CARP or PD No. 27 for a period of two (2)
years (applying RA 3844 by analogy), and other agrarian law.

For sale or disposition:

[ ] Copy of the Certificate of Land Ownership Award (CLOA),
[ ] Copy of the deed of sale,
[ ] BARC Certification showing facts of sale or disposition of the land,
[ ] DAR Certification on non-issuance of clearance for the sale or
disposition,

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 [ ] LBP Certification showing that the ARB has not yet fully paid for
the awarded land,
[ ] Affidavits of two (2) disinterested persons

For abandonment:
[ ] Copy of the Certificate of Land Ownership Award (CLOA),
[ ] BARC Certification showing facts of abandonment of the land for
two (2) years,
[ ] Recent photographs of the land (taken within the week prior to
filing of the petition), and
[ ] Affidavits of two (2) disinterested persons

7. Premature conversion by the ARB pursuant to Section 11 of R.A. No.

8435

[ ] BARC Certification showing facts of the conversion,

[ ] DAR Certification on non-issuance of conversion order and non-
existence of application for conversion, and
[ ] Recent photographs of the land (taken within the week prior to
filing of the petition)

8. Commission of any violation of the agrarian reform laws and

regulations, or related issuances, as determined with finality after
proper proceedings by the appropriate tribunal or agency

[ ] Copy of the judgment of the appropriate tribunal or agency, and

[ ] Copy of the entry of judgment

NOTE: Under DAR Opinion No. 18, Series of 2006, the refusal of the
identified farmer-beneficiaries to sign the Land Valuation and Farmer’s
Undertaking and their non cooperation in the documentation process is
tantamount to waiver of rights that would warrant their disqualifications to
become CARP beneficiaries. Proof of such refusal and non-cooperation may
include (1) affidavits of two (2) disinterested persons, and (2) MARO report
containing facts constituting refusal and non-cooperation of the identified
farmer-beneficiaries.

III. JURISDICTION

A. Under Section 50 of RA 6657, the DAR is vested with primary

jurisdiction to determine and adjudicate agrarian reform matters and
shall have exclusive original jurisdiction over all matters involving the
implementation of agrarian reform, except those falling under the
exclusive jurisdiction of the Department of Agriculture (DA) and the
Department of Environment and Natural Resources (DENR).

B. Under Rule 1, Section 2 of DAR AO No. 3, Series of 2003, in

relation to Rule II, Section 7 of DAR AO 3, Series of 2003, the Regional
Director shall exercise primary jurisdiction over cases involving
classification, identification, inclusion, exclusion, qualification and
disqualification of potential /actual farmer beneficiaries.

C. Under Rule II, Section 10 of AO 3, Series of 2003, the Secretary

shall exercise appellate jurisdiction over all ALI cases, and may delegate
the resolution of the appeals to any Undersecretary.

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 IV. STANDING

A. Who may file: (Item D.4.a of the operating procedures of DAR AO No. 2,
Series of 2009)
1. Any potential ARBs, and
2. Concerned parties, such as:
 farmer’s organizations whose members are potential ARBs to the
subject land, and
 Provincial Agrarian Reform Officer in his official capacity, who is
also empowered to file actions for cancellation of EPs and CLOAs
(DAR AO No. 3, Series of 2009)

B. Who cannot file:

Landowners cannot file petitions for inclusion, exclusion and
disqualification, as implied in Hermoso, et al., v. C.L. Realty (G.R. No.
140319, 5 May 2006).

V. TIMELINESS

A. Within fifteen (15) days after the posting of the BARC Certified
Master List, the landowner or any of the potential beneficiaries may file a
written protest thereon. The parties concerned, specially the persons to
be excluded shall be duly notified by the PARO of the proceedings and
the decision.

The BARC Certified Master List of qualified ARBs becomes final after the
lapse of fifteen (15) days from issuance of the PARO's decision on the
protest and receipt of the same by the parties.

B. Any person who disagrees with the PARO'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 ALI rules.

C. The filing of a verified petition for inclusion/exclusion against

the ARBs before the RD must be initiated within one (1) year from the
registration of the Republic of the Philippines (RP) title, or, in case the
landholding is untitled, from the issuance of the COD.

 A petition for inclusion/exclusion filed beyond said one (1)-year period

is already barred and must be dismissed.

VI. DETERMINATION OF THE APPROPRIATE ACTION

A. PETITION FOR INCLUSION OF FARMER-BENEFICIARIES FROM THE

MASTERLIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES

1. Grant the petition if:

 Applicant possesses all qualifications and none of the
disqualifications set forth in Part II-A of this template.

2. Deny the petition if:

 Petitioner fails to satisfy any one (1) of the qualifications but
possesses none of the disqualifications;

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  Petitioner satisfies all qualifications but possesses at least one (1)
disqualification.

B. PETITION FOR EXCLUSION OF FARMER-BENEFICIARIES FROM THE

MASTERLIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES

1. Grant the petition if:

 Respondent fails to satisfy any one (1) of the qualifications but
possesses none of the disqualifications;
 Respondent satisfies all qualifications but possesses at least one (1)
disqualification

2. Deny the petition if:

 Respondent possesses all qualifications and none of the
disqualifications set forth in Part II-B of this template.

C. PETITION FOR DISQUALIFICATION OF FARMER-BENEFICIARIES

WHO HAVE PASSED THE SCREENING PROCEDURE

Disqualification existing before award of EP/CLOA

1. Grant the petition if:

 Respondent fails to satisfy any one (1) of the qualifications but
possesses none of the disqualifications
 Respondent satisfies all qualifications but possesses at least one (1)
disqualification

2. Deny the petition if:

 Respondent possesses all qualifications and none of the
disqualifications set forth in Part II-B of this template (as referred
to by Part II-C).

Disqualification after award of EP/CLOA

1. Grant the petition if:

 Respondent fails to satisfy any one (1) of the qualifications but
possesses none of the disqualifications;
 Respondent satisfies all qualifications but possesses at least one
(1) disqualification

2. Deny the petition if:

 Petition is a collateral attack on the EP or CLOA, without prejudice
to the filing of a petition for cancellation of the EP or CLOA.

NOTE: An action is an attack on a title when the object of the

action or proceeding is to nullify the title, and thus challenge the
judgment pursuant to which the title was decreed. The attack is direct
when the object of an action or proceeding is to annul or set aside
such judgment, or enjoin its enforcement. On the other hand, the
attack is indirect or collateral when, in an action to obtain a
different relief, an attack on the judgment is nevertheless made
as an incident thereof. (Mallilin, Jr. v. Castillo 389 Phil. 153, 165
(2000) as cited in Berboso v. Hon. Court of Appeals et al. G.R. Nos.
141593-94 (July 12, 2006)

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  Petition should be denied if the respondent possesses all
qualifications and none of the disqualifications set forth in Part II-
C.

VII. APPEALS

A. Appeal to the Secretary (DAR AO No. 3, Series of 2003)

 When to Appeal
(1)Within fifteen (15) days from receipt of the Regional Director’s
final order (AO 3, Series of 2003, Section 27).
(2)A motion for reconsideration of the DAR Secretary’s order shall
be filed within fifteen (15) days from receipt of such order (AO
3, Series of 2003, Section 32).

 Where to Appeal
Appeals from the decision of he Regional Director shall be made by
filing in the same regional office which issued the adverse decision
a notice of appeal with proof of payment of the requisite appeal fee
(AO 3, Series of 2003, Section 28).

B. Grounds for appeal (DAR AO No. 3, Series of 2003):

 Serious errors in the findings of fact or conclusion of law which

may cause grave and irreparable damage or injury to the appellant
(Section 25.1); or
 Coercion, fraud, or clear graft and corruption in the issuance of a
decision (Section 25.2).

VIII. APPLICABLE PRINCIPLES, LAWS, RULES,

POLICIES

A. GUIDING PRINCIPLES

1. 1987 Philippine Constitution

(a) Article XII, National Economy And Patrimony

Section 1. The goals of the national economy are a more equitable

distribution of opportunities, income, and wealth; a sustained increase
in the amount of goods and services produced by nation for the
benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the under-privileged.

The State shall promote industrialization and full employment based

on sound agricultural development and agrarian reform, through
industries that make full and efficient use of human and natural
resources, and which are competitive in both domestic and foreign
markets. However, the State shall protect Filipino enterprises against
unfair foreign competition and trade practices. Xxx

(b)Article XII. Agrarian And Natural Resources Reform

Section 4. The State shall, by law, undertake an agrarian reform

program founded on the right of famers and regular farmworkers who
are landless, to own directly or collectively the lands they till or, in the
case of other farmworkers, to receive a just share of the fruits thereof.
Xxx

Page 10 of 17
 Section 5. The State shall recognize the rights of farmers,
farmworkers, and landowners, as well as cooperatives, and other
independent farmers’ organizations to participate in the planning,
organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research,
and adequate financial, production, marketing, and other support
services.

2. RA 6657, Comprehensive Agrarian Reform Law (CARL)

(a) Section 2. Declaration of Principles and Policies. – xxx The agrarian

reform program is founded on the right of farmers and regular farm
workers, to receive a share of the fruits thereof. xxx

The State may resettle landless farmers and farm workers in its own
agricultural estates, which shall be distributed to them on the
manner provided by law.

B. LEGAL PROVISIONS

1. RA 6657, Comprehensive Agrarian Reform Law (CARL)

Section 22. Qualified Beneficiaries – The lands covered by the CARP

shall be distributed as much as possible to landless residents of the
same barangay, or in the absence thereof, landless residents of the
same municipality in the following order of priority:

(a) agricultural lessees and share tenants;

(b) regular farm workers;
(c) seasonal farm workers;
(d) other farm workers;
(e) actual tillers or occupants of public lands;
(f) collective or cooperatives of the above beneficiaries; and
(g) others directly working on the land.

Provided, however, that the children of landowners who are qualified

under Section 6 of this Act shall be given preference in the distribution
of the land of their parents; and: Provided, further, that actual tenant-
tillers in the landholding shall not be ejected or removed therefrom.

Beneficiaries under Presidential Decree No. 27 who have culpably

sold, disposed of, or abandoned their land are disqualified to become
beneficiaries under their program.

A basic qualification of a beneficiary shall be his willingness, aptitude

and ability to cultivate and make land as productive as possible. The
DAR shall adopt a system of monitoring the record or performance of
each beneficiary, so that any beneficiary guilty of negligence or misuse
of the land or any support extended to him shall forfeit his right to
continue as such beneficiary. The DAR shall submit periodic reports on
the performance of the beneficiaries to the PARC.

Section 23 Distribution Limit – No qualified beneficiary may own more

than three (3) hectares of agricultural land.

Section 25 Award Ceilings for Beneficiaries – Beneficiaries shall be

awarded an area not exceeding (3) hectares, which may cover a

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 contiguous tract of land or several parcels of land cumulated up to the
prescribed award limits.

For purpose of this Act, a landless beneficiary is one who owns less
than three (3) hectares of agricultural land.

2. R.A. No. 9700

SEC. 8. There shall be incorporated after Section 22 of Republic Act

No. 6657, as amended, a new section to read as follows:

“SEC. 22-A. Order of Priority – A landholding of a landowner shall be

distributed first to qualified beneficiaries under Section 22, subgraphs
(a) and (b) of that same landholding up to a maximum of three (3)
hectares each. Only when these beneficiaries have all received three
(3) hectares each, shall the remaining portion of the landholding, if
any, be distributed to other beneficiaries under Section 22, subgraphs
(c), (d), (e), (f), and (g).”

3. P.D. No. 27

Under PD 27, only tenants on rice and corn can be qualified as

beneficiaries. Therefore, take note the proof of facts under the general
qualifications of ARBs.

C. IMPLEMENTING RULES AND REGULATIONS

1. Administrative Orders

i. DAR AO NO. 07 Series of 2011, Revised Rules and Procedures

Governing the Acquisition and Distribution of Private Agricultural
Lands Under Republic Act (R.A.) No. 6657, As Amended (Effective
15 October 2011)

ii. DAR AO 2 Series of 2009, Rules of Procedure Governing the

Acquisition and Distribution of Agricultural Lands under RA 6657
as amended by RA 9700 (Effective 31 October 2009)

iii. DAR AO 4 Series of 2008, Supplemental Guidelines on AO 7 Series

of 2003 on the Identification, Screening and Selection of, and
Distribution to Agrarian Reform Beneficiaries (ARBs) of Private
Agricultural Lands Under Republic Act (R.A.) No. 6657 (Effective
29 June 2008)

iv. DAR Administrative Order No. 6 Series of 2006, Revised Guidelines

on Award to Children of Landowner Pursuant to Section 6 and 22
of RA 6657 (Dated 6 September 2006. Took effect ten (10) days
after publication.)

v. DAR AO 7 Series of 2003, Identification, Screening and Selection

of, and Distribution to Agrarian Reform Beneficiaries (ARBs) of
Private Agricultural Lands Under Republic Act (R.A.) No. 6657
(Effective 8 January 2004)

vi. DAR AO 3 Series 2003, 2003 Rules for Agrarian Law

Implementation Cases (Effective 8 February 2003)

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 vii. DAR AO 9 Series of 1998, Rules and Regulations on the
Acquisition, Valuation, Compensation and Distribution of Deferred
Commercial Farms (Effective 4 January 1999)

viii. DAR AO 6 Series of 1998, Rules and Regulations Governing the

Acquisition and Distribution of Commercial Farms under
Deferment (Effective 25 May 1998)

ix. DAR Administrative Order No. 2 Series of 1994, Rules Governing

the Correction and Cancellation of Registered/Unregistered EPs
and CLOAs Due to Unlawful Acts and Omissions or Breach of
Obligations of ARBs and for Other Causes (Effective 25 March
1994)

x. DAR AO No. 2 Series of 1992, Supplemental Guidelines on AO

10 Series of 1990 and other Issuances on the Rights of
Farmworkers (Effective 14 February 1992)

xi. DAR AO No. 10 Series of 1990, Rules and Procedures in the

Distribution of Private Agricultural Lands to ARBs under RA 6657
(Dated 30 August 1990, took effect ten (10) days after publication.
Repealed by AO 3 Series of 2003)

2. Memorandum Circulars

Memorandum Circular No. 4 Series of 1994 (Clarificatory

Guidelines Concerning the Award to Children under Sections 6 and
22 of RA 6657)

3. DAR Opinions

i. DAR Opinion No. 26 Series of 2006, 29 June 2006, on the

jurisdiction of DAR in the screening, selection and identification of
farmer-beneficiaries

ii. DAR Opinion No. 18 Series of 2006, 29 June 2006, on

qualification of preferred beneficiary (children of landowner)

iii. DAR Opinion No. 14 Series of 2006, February 2006, on dual

citizenship

iv. DAR Opinion No. 21 S. 2001/1 October 2001 (if the awarded land
is abandoned or culpably sold by the beneficiary)

v. DAR Opinion No. 22 Series of 2005, 1 August 2005 (Farmworker

promoted to managerial position)

vi. DAR Opinion No. 7 Series of 2005, 10 November 2005 (CLOA as

collateral)

IX. JURISPRUDENCE

A. ROMANITA CONCHA ET AL. VS. PAULINO RUBIO, G.R. NO. 162446,

MARCH 29, 2010

DAR has the authority to determine who are qualified to be CARP

beneficiaries; DARAB has no appellate jurisdiction over the DAR.

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 “The finding of the MARO declaring petitioners as beneficiaries of the
land in dispute must, therefore, be accorded respect. It should also be
equally binding on the DARAB for the simple reason that the latter
has no appellate jurisdiction over the former. The DARAB
cannot review, much less reverse, the administrative findings of DAR.
Instead, the DARAB would do well to defer to DAR's expertise when it
comes to the identification and selection of beneficiaries, as it did in
Lercana where this Court noted with approval that, in the dispositive
portion of its decision, left to the concerned DAR Offices the
determination of who were or should be agrarian reform
beneficiaries.”

B. TARONA vs. COURT OF APPEALS, G.R. No. 170182, June 18,

2009
Irrelevance of the issue of CARP coverage to tenancy issues:
In any event, the resolution of the issue of whether the entire property
or only part of it is subject to CARP coverage has no bearing on the
issue in this case, i.e. whether petitioners can be considered bona fide
tenants of herein private respondents.

C. FERDINAND DELA CRUZ ET AL. VS. AMELIA QUIAZON, G.R.

NO. 171961, NOVEMBER 28, 2008

The intention to abandon implies a departure, with the avowed intent

of never returning, resuming or claiming the right and the interest
that have been abandoned; Immigration of the original farmer-
beneficiary xxx did not necessarily result in the abandonment of the
landholding, considering that one of his sons, xxx, continued
cultivating the land.

“Abandonment requires (a) a clear and absolute intention to renounce

a right or claim or to desert a right or property; and (b) an external
act by which that intention is expressed or carried into effect. The
intention to abandon implies a departure, with the avowed intent of
never returning, resuming or claiming the right and the interest that
have been abandoned. The immigration of the original farmer-
beneficiary xxx did not necessarily result in the abandonment of the
landholding, considering that one of his sons, xxx, continued
cultivating the land. Personal cultivation, as required by law, includes
cultivation of the land by the tenant (lessee) himself or with the aid of
the immediate farm household, which refers to the members of the
family of the tenant and other persons who are dependent upon him
for support and who usually help him in the [agricultural] activities.”

D. DEPARTMENT OF AGRARIAN REFORM VS. POLO COCONUT

PLANTATION CO., INC, ET. AL., G.R. NO. 168787, 3 SEPTEMBER
2008

DAR has the authority to determine who are qualified to be CARP

beneficiaries; Section 22 of the CARL does not limit qualified
beneficiaries to tenants of the landowners.

“Determining whether or not one is eligible to receive land involves

the administrative implementation of the program. For this reason,

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 only the DAR Secretary can identify and select CARP beneficiaries.
Thus, courts cannot substitute their judgment unless there is a clear
showing of grave abuse of discretion.

Section 22 of the CARL does not limit qualified beneficiaries to tenants

of the landowners. Thus, the DAR cannot be deemed to have
committed grave abuse of discretion simply because its chosen
beneficiaries were not tenants of PCPCI.”

E. SONNY B. MANUEL VS. DEPARTMENT OF AGRARIAN

REFORM ADJUDICATION BOARD, G.R. NO. 149095, 24 JULY 2007

DAR has the authority to determine who are qualified to be CARP

beneficiaries; Includes authority to select a substitute to a previously
designated beneficiary.

“Inherent in the power of DAR to undertake land distribution for

agrarian reform purposes is its authority to identify qualified agrarian
reform beneficiaries. Corollary to it is also the authority of DAR to
select a substitute to a previously designated beneficiary who may
have surrendered or abandoned his claim, and to reallocate the land
awarded to the latter in favor of the former.”

F. RODOLFO HERMOSO et al. vs. C.L. REALTY CORPORATION,

G.R. No. 140319, May 5, 2006

Land owners does not have the right to choose when the beneficiaries
designated turned out to be disqualified – the right to select is still
with the MARO/PARO:

Denying a landowner the right to choose a CARP beneficiary is, in

context, only proper. For a covered landholding does not revert back to
the owner even if the beneficiaries thus selected do not meet all
necessary qualifications. Should it be found that the beneficiaries are
indeed disqualified, the land acquired by the State for agrarian reform
purposes will not be returned to the landowner but shall go instead to
other qualified beneficiaries.

While farmers or farm workers already in place should be given

preferential rights in the distribution of lands, even people living
outside of the barangay where the property is situated may be
qualified as CARP beneficiaries:

Another argument was that some of the beneficiaries were not even
residents of Brgy. Alas-asin where the land is located. It ought to be
pointed out, however, that the petitioners were residents of
neighboring barangays, many of which were within walking distance
from Brgy. Alas-asin. While farmers or farm workers already in the
place should be given preferential rights in the distribution of lands,
even people living outside of the barangay where the property is
situated may be qualified as CARP beneficiaries. xxx

Section 22 of the CARP law provides merely for an order of priority in

the distribution of the land to beneficiaries. In the case at bar, there
appears to be no applicants other than the petitioners. Thus, even if it
be assumed that petitioners fall under the last enumerated order of
beneficiaries, namely, “others directly working on the land,” still they
are qualified as beneficiaries since they are all residents of Mariveles,

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 Bataan, where the land is located, though not necessarily all residents
of the same barangay.

X. STRUCTURE OF THE DECISION

A. NATURE OF THE CASE

 The opening paragraph should discuss the nature of the case.
The reader then knows specifically what the RD is being asked
to decide. State how the matter is before the RD. Identify the
parties and the nature of the proceedings.

Example:
“This is a case involving a verified petition filed by
_______________ for the inclusion of ____________________ as ARB
which was filed on ___________________ for the landholding with
TCT ________________ located at ______________________ with an
area _________________.”

B. FACTS
 Those facts necessary to a disposition of the matter under
consideration should be set forth. Facts should be stated
logically and concisely.A decision need not and should not set
forth all the facts that may be involved in the case. Only a
narrative statement of the controlling facts should be made.
Controlling facts are facts which, when added together, enable
the judge to come to some factual conclusion that affects the
outcome of the case. The writer has to be selective; the RD must
know which facts are material to his readers and their
understanding of the decision. There must be no misstatement
of facts. An improper factual recitation can result in irreversible
miscarriage of justice.

Example:
“Petitioner _________________ claims that he is a regular
farmworker at the _____________________ landholding which
belongs to _______________________. The area was covered under
CARP through the issuance of NOC dated ___________________
which was received on ________________ by _______________ . The
verified petition for inclusion was filed on ________________ at the
____________________ which is _____ days from ______________.

C. ISSUE/S
 Once these preliminary matters have been covered, the writer
must identify the specific legal or factual issues to be discussed.
State the issues simple enough that even a non-lawyer, can read
and understand. Discuss each issue individually.

Example:
“1.) Whether or not the applicant is qualified to be included as
an ARB;
2.) Whether or not the petition for inclusion was filed on time.”

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D. LAW, RULES AND REGULATIONS AND JURISPRUDENCE
 Next, systematically analyze the law, rules and jurisprudence (if
there’s any), as it pertain to the facts of the case leading to the
conclusions.

Example:

“Under Section 22 of R.A. 6657, as amended

______________________. This is further clarified by A.O. 7 Series
of 2011 which states
____________________________________________. The Supreme Court
decided in the case of _______________________________ (G.R.
___________) that __________________________________.”

E. DECISION
 Having covered each issue, the RD should summarize the
dispositions by bringing together the conclusions into a
decision.

Example:

“From the records of the case, the petitioner has clearly proven
that he is a regular farmworker in the subject landholding and
does not possess any of the disqualifications provided by law.
The application was filed within the one-year prescriptive period
pursuant to ___________________________. The petitioner is
therefore entitled to be included in the Master List of qualified
ARBs.”

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