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 bn b neneficiaries (ARBs). Unless otherwise stated, the provisions of this template are based on DAR Administrative Order No. 2, Series of 2009, effective on 31 October 2009.
II.
CHECKLIST OF DOCUMENTARY REQUIREMENT REQUIREMENTS S
IN ALL CASES [ ] MARO Report/Ocular Inspection Report A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, SERIES OF 2009) General requirements [ ] Master List of Agrarian R eform Beneficiaries (CARP-LAD For m No. 33); [ ] Request/Petition to be iI iIncluded ncluded 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 b eing included in the Pr eliminary List or Updated Preliminary List of Agrarian R eform Benefic Benefic iaries; [ ] 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 qua lifications lifications of ARBs (DAR AO 9, Series of 2009) : 1. Landless (owns less than three [3] hectares of agricultural land, as per Section 25 of RA 6657; AO 9, S. 2009, Item IV.E.1.1.1 ) ; [ ] Any document of probative value such as: Certificate of aggregate landholdings • city/municipal/provincial assessor Land titles • Tax declarations •
of
the
ARB
issued
2. Filipino Filipino c itizen (IV.E.1.1.2) ; [ ] Any docu ment of probative value showing Filipino citizenship such as Voter’s identification card •
by
the
2
• •
Certified copy of voter’s registration record Birth Certificate
3. Permanent resident of the barangay and/or municipality where the landholding is located (IV.E.1.1.3) ;
Formatted: Bulleted
+ Level: 1 + Aligned at: 0.78" + Tab after: 1.03" + Indent at: 1.03" Formatted: Indent:
Left: 1.03"
[ ] Any document of probative value such as Barangay certificate indicating potential ARBs as permanent or bonafide • residents of the barangay Valid postal identification card • 4. At least fifteen (15) years of age at the time of identification, screening and selection of farmer-beneficiaries (IV.E.1.1.4) ; [ ] Any document of probative value showing date of birth such as Voter’s identification card or certified copy of voter’s registration record • Birth certificate • Marriage License/Marriage Contract • Affidavit of two (2) Disinterested Persons •
Formatted: Bulleted
+ Level: 1 + Aligned at: 0.75" + Tab after: 1" + Indent at: 1" Formatted: Indent:
5. Willing, able and equipped with the aptitude to c ultivate and make the land productive (IV.E.1.1.5) [ ] Affidavits of two (2) d isinterested persons to that effect. [ ] Sworn Statement to that effect by the potential ARB [ ] BARC Certification Proofs of specific qualifications for farmworkers in commercial farms (in addition to the above) •
Must have been employed as of 15 June 1988 in the landholding covered by the CARP (Item IV.E.1.2) . [ ] 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 p lantation, if applicable; Payslips or payroll, if app licab le; • 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 o r administrative agency in the ev ent that ther e 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 ( DAR AO 2, Series of 2009)
Left: 1"
3
1. Child of landowner (Item IV.E.5) ; [ ] Any document of probative value such as Birth certificate • Baptismal certificate • 2. Filipino c itizen (Item IV.E.5.1) ; [ ] Any docu ment 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 at the time of identification, screening and selection of farmer-beneficiaries (IV.E.5.2) ; [ ] Any document of probative value such as 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 (IV.E.5.3). [ ] Ocular inspection report showing such fact, [ ] Affidavits of two (2) disinterested persons to that effect, and Additional requirement: [ ] 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 (DAR AO No. 2, SERIES OF 2009) General requirement [ ] Master List of Agrarian R eform Beneficiaries (CARP-LAD For m No. 33); Proof of grounds for exclusion ( DAR AO 2, Series of 2009) 1. Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657, as amended. (Item IV.E.3.1. Please see general qualifications of farmer-beneficiaries listed in Part III-A); [ ] Any docu ment of probative value that will establish such failure. 2. Execution of 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
4
date of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October 2009);1(Item IV.E.3.2) [ ] Original or photocopy of waiver of right, and [ ] Receipt/s of payment of due compensation (if available) 3. Dismissal from the service for cause upon a judgment that is final and executory (and there is no case filed qu estioning said dismissal) as of the appro val of this Order and if there is any such case, the same has been affirmed with finality by the proper entity of government (Item IV.E.3.5) ; [ ] 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);2 (DAR AO 7, Series of 2003, Section 5.11); [ ] 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 in the commercial farm as of June 15, 1988 (AO No. 2, Series of 200 9, Item IV.E.1.2) ; [ ] Certificate of employment showing r elevant dates and pos itions 6. Obtaining a substantially equivalent and regular employment (any employment or profession from which the applicant farmer derives income equivalent to the income of a regular farmworker at the time of the ARB identification, screening and selection) (Item IV.E.3.6) ; [ ] Certificate of employment, [ ] Latest payslip, [ ] Leasehold contract/contract of employment as farmworker, if available, and [ ] Receipts of payment of salaries
1 DAR AO No. 2, Series of 2009 took effect on 31 October 2009, ten days after it was published in two newspapers of general circulation. 2 DAR AO No. 7, Series of 2003 took effect on 8 January 2004, ten days after it was published in two newspapers of general circulation.
5
7. Retirement from the service, whether optional or mandatory, or voluntary resignation, provided this was not attended by coerc ion and/or deception, and there is no case questioning said retirement or voluntary resignation by the applicant as of the date of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October 2009)3; (Item IV.E.3.7) [ ] 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 8. Material misrepresentation of the ARB’s basic qualifications as provided for under Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws (Item IV.E.3.10) ; [ ] Copy of falsified document, [ ] Copy of true document, [ ] Affidavits of two (2) disinterested persons setting out facts of the misrepresentation, and [ ] BARC Certification showing the facts of m isrepresentation 9. Final judgment for forcible entry into the property or for unlawful detainer (Item IV.E.3.13) ; [ ] 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. 10. 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 (Item IV.E.3.14) . [ ] 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 (DAR AO No. 2, SERIES OF 2009) 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.
3 See supra text at note 1.
6
Proof of grounds for disqualification existing after award of EP/CLOA (in effect grounds for cancellation of EP/CLOA (DAR AO 2, Series of 2009) 1. Deliberate non-payment of an aggregate of three (3) annual amortizations and failure to exercise the right of redemption/repurchase within two (2) years resulting in the foreclosure of mortgage by the LBP of a previously awarded land (Item IV.E.3.3) ; [ ] LBP certification of non-payment of an aggregate of three annual amortizations, and [ ] Copies of all receipts of payments 2. Deliberate non-payment of three (3) annual amortizations to the landowner (LO) resulting in the repossession by the landowner of the awarded land (in the case of voluntary land transfer/direct payment scheme) (Item IV.E.3.4) ; [ ] Copies of all receipts of payments 3. Misuse or diversion of financial support services extended by the government (Item IV.E.3.8; RA 6657, Section 37) ; [ ] 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 o r misuse of the land or any support extended by the government (Item IV.E.3.9; RA 6657, Section 22) ; [ ] 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 qualif ications (Item IV.E.3.10) ; [ ] 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 or disposition of the awarded land within the ten-year prohibitory period under Section 27 of RA 6657, 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) (Item IV.E.3.11);
7
For sale or disposition: [ ] Copy of the Cer tificate of Land O wnership Award (CLOA), [ ] Copy of the deed of sale, [ ] BARC Certification showing facts of s ale or disposition of the land, [ ] DAR Certification on non-issuance of clearance for the sale or disposition, [ ] 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 Cer tificate of Land O wnership Award (CLOA), [ ] BARC Certification showing facts of abandonment of the land for two (2) y ears, [ ] Recent photographs of the land (taken within the week prior to filing of the petition), and [ ] Affidavits of two (2) disinterested persons 7. Conversion of agricultural lands to non-agricultural use without prior approval from the DAR (Item IV.E.3.12) ; [ ] 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 (Item IV.E.3.14) . [ ] 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 farmerbeneficiaries 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 noncooperation may include (1) affidavits of two (2) disinterested persons, and (2)MARO report containing facts constituting refusal and non-cooperation of the identified farmerbeneficiaries. .
III.
JURSIDICTION
1. 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).
8
2. 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. 3. 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.
IV. STANDING As set forth in Item D.4.a of the operating procedures of DAR AO No. 2, Series of 2009, the following interested parties may file protests for inclusion, exclusion or disqualification of farmer-beneficiaries: 1. Any potential ARBs, and 2. Concerned parties Note: Concerned parties include: (1) farmer’s organizations whose members are potential ARBs to the subject land, and (2) the Provincial Agrarian Reform Officer in his official capacity, who is also empowered to file actions for cancellation of EPs and CLOAs under DAR AO No. 3, Series of 2009.
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).
Formatted: Font:
Not Italic
V. TIMELINESS A. PETITION FOR INCLUSION/EXCLUSION FROM THE MASTERLIST •
Within fifteen (15) days from the denial of the petition for inclusion in/exclusion from the masterlist by the DARPO, a petition for inclusion/exclusion may be filed with the Regional Director by the concerned party.
B. PETITION FOR DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE SCREENING PROCEDURE •
As soon as the grounds for disqualification have been made known to the petitioner, the petition for disqualification should be filed.
VI.
DECISION
A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES The petition for inclusion of farmer-beneficiaries should be granted if the applicant possesses all qualifications and none of the disqualifications set forth in Part III-A of this template.
Formatted: Indent:
First line: 0"
9
If the petitioner fails to satisfy any one (1) of the qualifications but possesses none of the disqualifications, the petition should be denied.
Formatted: Indent:
First line: 0"
If the petitioner satisfies all qualifications but possesses at least one (1) disqualification, the petition should likewise be denied.
Formatted: Indent:
First line: 0"
The petition should be denied if the respondent possesses all qualifications and none of the disqualifications s et forth in Part III-B of this template.
Formatted: Indent:
First line: 0"
If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the disqualifications, the petition should be granted.
Formatted: Indent:
First line: 0"
If the respondent satisfies all qualifications but possesses at least one (1) disqualification, the petition should likewise be granted.
Formatted: Indent:
First line: 0"
The petition should be denied if the respondent possesses all qualifications and none of the disqualifications set forth in Part III-B of this template (as referred to by Part III-C).
Formatted: Indent:
First line: 0"
If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the disqualifications, the petition should be granted.
Formatted: Indent:
First line: 0"
If the respondent satisfies all qualifications but possesses at least one (1) disqualification, the petition should likewise be granted.
Formatted: Indent:
First line: 0"
The petition should be denied if the respondent possesses all qualifications and none of the disqualifications set forth in Part III-C.
Formatted: Indent:
First line: 0"
If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the disqualifications, the petition should be granted.
Formatted: Indent:
First line: 0"
If the respondent satisfies all qualifications but possesses at least one (1) disqualification, the petition should likewise be granted.
Formatted: Indent:
First line: 0"
B. EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES
C. DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE SCREENING PROCEDURE •
•
Disqualification existing before award of EP/CLOA
Disqualification after award of EP/CLOA
Check first if the petition is a collateral attack on the EP or CLOA, in which case the petition should be denied without prejudice to the filing of a petition for cancellation of the EP or CLOA. If the petition is not a collateral attack, observe th e following guidelines:
10
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, JURISPRUDENCE A. GUIDING PRINCIPLES 1. 1987 Philippine Constitution (a) (a)Article XIIii, National Economy And Patr imony, 1987 Philippine Constitution 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-pr ivileged.
Formatted: Numbered
+ Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
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) (b)Article XIIii. Agrarian And Natural Resources Reform, 1987 Philippine Constitution. 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
Formatted: Numbered
+ Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
11
the lands they till or, in the case of other f armworkers, to receive a just share o f the fruits thereof. Xxx 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) (1)
SECTION 2, RA 6657 (Comprehensive Agrarian Reform Law). 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 mann er provided by law.
B. LEGAL PROVISIONS 1. RA 6657 SEC. 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 th e same municipality in the following order of pr iority:
(a) (b) (c) (d) (e) (f) (g)
agricultural lessees and share tenants; regular farm workers; seasonal farm workers; other farm workers; actual tillers or occupants of pub lic lands; collective or cooperatives of the above beneficiaries; and 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.
12
SEC. 23 Distribution Limit – No qualified beneficiary may own more than three (3) hectares of agricultural land. SEC. 25 Award Ceilings for Beneficiaries – Beneficiaries shall be awarded an area not exceeding (3) hectares, which may cover a 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 1) Section 8 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 hav e all r eceived three (3) h ectares 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 (1) 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) AO No. 2 Series of 1992, Supplemental Guidelines on AO 10 Series of 19 90 and other Issuances on the Rights of Farmworkers (Effective 14 February 1992) (3) DAR Administrative Order No. 2 Series of 1994, Rules Gov erning 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)
13
(4) DAR AO 6 Series of 1998, Rules and Regulations Governing the Acquisition and Distribution of Commercial Farms under Deferment (Effective 25 May 1998) (5) DAR AO 9 S eries of 1998, R ules and R egulations o n the Acquisition, Valuation, Compensation and Distribution of Deferred Commercial Farms (Effective 4 January 1999) (6) DAR AO 3 Series 2003, 2003 Rules for Agrarian Law Implementation Cases (Effective 8 February 2003) (7) 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) (8) 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.) (9) 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) (10) 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) Note: Under the Transitory Provis ion of DAR AO 2 S eries of 2009, in relation to cases where the Masterlist of ARBs has been finalized on or before 1 July 2009 pursuant to AO 7 Series of 2003, the acquisition and distribution of landholdings shall continue to be processed under the provisions of RA No. 6657 prior to its amendment by R A 9700.
2. Memorandum Circulars (1) Memor andum Circular No. 4 Ser ies of 1994 (Clarificatory Gu idelines Concerning the Award to Children under S ections 6 and 2 2 of RA 6657) 3. DAR Opinions (1) DAR Opinion No. 26 Series of 2006, 29 June 2006, on the jurisdiction of DAR in the screening, selection and identification of farmer-beneficiaries (2) DAR Opinion No. 18 S eries of 2006, 2 9 June 2006, on qualification of preferred beneficiary (children of landowner) (3) DAR Opinion No. 14 Series of 2006, February 2006, on du al citizenship
14
(4) DAR Opinion No. 21 S. 2001/1 October 2001 (if the awarded land is abandoned or culpably sold by the beneficiary) (5) DAR Opinion No. 22 Series of 2005, 1 August 2005 (Farmworker promoted to managerial position) (6) DAR Opinion No. 7 Series of 2005, 10 November 2005 (C LOA as collateral) D. JURISPRUDENCE 1) Department of Agrarian Reform vs. Polo Coconut Plantation Co., Inc, et. al., G.R. No. 168787, 3 September 2008 “Determining whether or not one is eligible to receive land involves the administrative implementation of the program. For this reason, 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.” 2) Sonny B. Manuel vs. Department of Agrarian Reform Adjudication Board, G.R. No. 149095, 24 July 2007 “Inherent in the power of DAR to undertake land distribution for agrarian reform purposes is its au thority 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 c laim, and to reallocate the land awarded to the latter in favor of the former.” 3) Department of Agrarian Reform vs. Department of Education, Culture and Sports, G.R. No. 158228, March 23, 2004 “Since the identification and selection of CARP beneficiaries are matters involving strictly the administrative implementation of the CARP, it behooves the courts to exercise great caution in substituting its own determination of the issue, unless there is grave abuse of discretion committed by the administrative agency.” 4) Ferdinand Dela Cruz et al. vs. Amelia Quiazon, G.R. No. 171961, November 28, 2008 “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.” 5) Romanita Concha et al. vs. Paulino Rub io, G.R. No. 162446, March 29, 20 10
Formatted: Font
color: Auto
15
“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.”
