RULES AND PROCEDURES GOVERNING EXEMPTION OF LANDS FROM CARP COVERAGE UNDER SECTION 10, R.A. 6657

I
Legal Mandate

The general policy under CARP is to cover as much lands suitable for
agriculture as possible. However, Section 10, R.A. 6657 excludes and
exempts certain types of lands from the coverage of CARP, to wit:

A. Lands actually, directly and exclusively used and found to be
necessary for parks, wildlife, forest reserves, reforestation, fish
sanctuaries and breeding grounds, watersheds and mangroves, national
defense, school sites and campuses including experimental farm stations
operated by public or private schools for educational purposes, seeds
and seedlings research and pilot production centers, church sites and
convents appurtenant thereto, mosque sites and islamic centers
appurtenant thereto, communal burial grounds and cemeteries, penal
colonies and penal farms actually worked by the inmates, government and
private research and quarantine centers; and

B. All lands with eighteen percent (18%) slope and over, except those already developed.

II
Policies

In the application of the aforecited provision of law, the following guidelines shall be observed:

A. For an area in I.A above to be exempted from CARP coverage, it
must be “actually, directly and exclusively used and found to be
necessary” for the purpose so stated.

B. The security of tenure of tenants enjoyed prior to 15 June 1988
shall be respected even if the land is exempted. As to farmworkers, the
exemption shall not mean the loss of the benefits to which they are
entitled under other laws.  In addition, they shall be granted
preference in the award of other lands covered by CARP.

C. Lands which have been classified or proclaimed, and/or actually,
directly and exclusively used and found to be necessary for parks,
wildlife, forest reserves, fish sanctuaries and breeding grounds, and
watersheds and mangroves shall be exempted from the coverage of CARP
until Congress, taking into account ecological, developmental and equity
considerations, shall have determined by law, the specific limits of
public domain, as provided for under Sec. 4 (a) of R.A. 6657, and a
reclassification of the said areas or portions thereof as alienable and
disposable has been approved.

D. Lands which have been actually, directly and exclusively used
and found to be necessary for reforestation are likewise excluded and
exempted from the coverage of the CARP, provided that the areas or
portions thereof occupied by qualified forest occupants shall be
included in the Integrated Social Forestry (ISF) program of DENR, if
suitable.

E. All lands with a slope of eighteen percent (18%) and over are
exempt from land acquisition and distribution.  However those with 18%
slope and over but already developed for agricultural purposes as of 15
June 1988 shall be allocated to qualified occupants in the following
manner:

1.       If classified as forest land, they shall be allocated by the DENR under the Integrated Social Forestry Program.

2.       If classified as alienable and disposable, they shall be
allocated by LMB-DENR and DAR pursuant to the provisions of the Public
Land Act and the Joint DAR-DENR Administrative Order No. 2, series of
1988; and

3.       If private agricultural land, they shall be acquired in accordance with the provisions of R.A. 6657.

F. In all cases, the DAR shall conduct a continuing review and
verification of exempted lands to ascertain which of the areas declared
exempt or which portions thereof are no longer actually, directly and
exclusively used and found necessary for said purpose.  If the purpose
for the grant of exemption no longer exists, the area or portion
involved shall be covered under CARP pursuant to the guidelines on land
acquisition and distribution.

III
Application for Exemption

The MARO shall determine whether or not lands within his jurisdiction may be covered by CARP.

To facilitate the identification of lands exempt from CARP coverage,
applications may be filed by persons or representatives of persons
owning, administering or managing lands believed to be actually,
directly and exclusively used and necessary for any of the purposes
mentioned in Sec. 10 of R.A. 6657.

IV
Operating Procedures

A. Municipal Agrarian Reform Officer (MARO)

1.       On his own initiative or upon representations by
farmers/ occupants, take initial steps to cover an area under CARP,
particularly by issuing a Notice of Coverage (Ex-Form No. 1) to the
owner or administrator of the property informing him that the area has
been suitable for CARP coverage.

2.       Accept written application (Ex-Form No. 2). Said application shall be accompanied by the following:

– ownership documents and other monuments of title

– evidence to support application and convince DAR that the
area qualifies for exemption under Section 10, R.A. 6657 such as: copy
of proclamation, topographic map, sketch map, area development plan,
affidavit, certification from relevant government agency, etc.

3.       Upon receipt of the application, conduct with the
assistance of the BARC an investigation of the land to determine, among
others, the ownership, legal status, and type and area of the land
sought to be exempted (Ex-Form No. 3).

4.       Ascertain whether or not the land is actually, directly
and exclusively used and necessary for the purpose stated in the
application.

5.       Prepare Report of findings and recommendations (Ex-Form No. 3).

6.       Compile all relevant documents to form the Application for Land Exemption Folder (ALEF); and

7.       Transmit the ALEF to the Provincial Agrarian Reform Officer (Ex-Form No. 4).

8.       Perform the duties and functions enumerated above within 30 days from receipt of the application.

B. Provincial Agrarian Reform Officer (PARO) —

1.       Review and evaluate the ALEF and indicate his comments, findings and recommendations;

2.       If ALEF documentation is found in order, forward the
same to the Regional Director; otherwise return the ALEF to MARO for
further action (Ex-Form No. 4); and

3.       Perform the duties and functions enumerated above within ten (10) working days from receipt of the ALEF from the MARO.

C. Regional Director (RD) —

1.       Approve or disapprove applications for exemption from CARP coverage of lands five (5) hectares and below.

2.       Upon his approval, furnish a copy of the Certificate of
Exemption to the Undersecretaries for Field Operations and Legal
Affairs, management Information Service (MIS), Office of the Secretary
(attention: BALA), and the PARO concerned.

3.       For lands exceeding five (5) hectares, evaluate the
report and recommendation of the PARO and MARO and forward the ALEF to
the Bureau of Agrarian Legal Assistance (BALA) together with his own
recommendation.

4.       Perform the duties and functions enumerated above within ten (10) working days from receipt of the ALEF from the PARO.

D. Bureau of Agrarian Legal Assistance (BALA) —

1.       Review the ALEF and, if warranted, prepare the
Certificate of Exemption. If the application is for disapproval, prepare
the directive to the PARO to cause the coverage of the land under CARP.
subject to the guidelines on land acquisition and distribution.

2.       Forward to the Undersecretary for Legal Affairs the pertinent documents for his appropriate action.

3.       Perform the duties and functions enumerated above within 10 days from receipt of the ALEF from the Regional Director.

4.       Upon receipt of the signed documents approving or
disapproving the application for exemption, furnish a copy of the same
to the Undersecretary for Field Operations, MIS, Regional Director, and
PARO.

E. Undersecretary for Legal Affairs —

1.       Review all ALEF’s from BALA and approve or disapprove
applications for exemption of lands not exceeding fifty (50) hectares.

2.       For applications covering areas exceeding fifty (50)
hectares, forward the ALEF to the Office of the Secretary, indicating
his recommendation thereon.

3.       Perform the duties and functions enumerated above within 10 working days from receipt of the ALEF from the BALA.

F. Office of the Secretary — The Secretary shall approve
or disapprove applications for exemption from CARP coverage for lands
exceeding fifty (50) hectares.

V
Review and Revision/Revocation of Order

The Undersecretary for Legal Affairs shall monitor and evaluate the
implementation of this Order and submit a quarterly report to the
Secretary relative thereto.  For this purpose, he shall cause the
periodic review of all Certificates of Exemption to determine whether
the condition/s for which the exemptions were granted still exist.  If
not, he shall recommend the revision or revocation of the Certificates
as the case may be.

VI
Effectivity

This Administrative Order shall take effect ten (10) days after
publication in two (2) national newspapers of general circulation
pursuant to Section 49 of R.A. 6657.  All orders, circulars, rules and
regulations inconsistent herewith are hereby revoked, amended or
modified as the case may be.

Adopted: 30 Aug. 1990

(SGD.) BENJAMIN T. LEONG
Secretary