DAR ADMINISTRATIVE ORDER NO. 12, July 26, 1989

REVISED RULES AND REGULATIONS ON THE COMPULSORY ACQUISITION OF AGRICULTURAL LANDS UNDER R.A. NO. 6657

National Administrative Register July 26, 1989
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I
Prefatory Statement

To hasten the implementation of the Comprehensive Agrarian Reform
Program, compulsory acquisition shall be the priority mode of land
acquisition.

 

II
Operating Procedures

A. The Municipal Agrarian Reform Officer with the assistance of the pertinent Barangay Agrarian Reform Committee (BARC) shall:

1.       Update the masterlist of all agricultural lands covered
under the CARP in his area of responsibility. The masterlist shall
include such information as required under the attached CARP Masterlist
Form which shall include the name of the landowner, landholding, area,
TCT/OCT number, and tax declaration number.

2.       Prepare a Compulsory Acquisition Case Folder (CACF) for
each title (OCT/TCT) or landholding covered under Phase I and II of the
CARP except those for which the landowners have already filed
applications to avail of other modes of land acquisition. A cast folder
shall contain the following duly accomplished forms:

a.            CARP CA Form 1 — MARO Investigation Report

b.            CARP CA Form 2 — Summary Investigation Report of Findings and Evaluation

c.            CARP CA Form 3 — Applicant s Information Sheet

d.            CARP CA Form 4 — Beneficiaries Undertaking

e.            CARP CA Form 5 — Transmittal Report to the PARO

The MARO/BARC shall certify that all information contained in the
above mentioned forms have been examined and verified by him and that
the same are true and correct.

3.       Send a Notice of Coverage and a letter of invitation to a
conference/meeting to the landowner covered by the Compulsory
Acquisition Case Folder. Invitations to the said conference/meeting
shall also be sent to the prospective farmer-beneficiaries the BARC
representative(s), the Land Bank of the Philippines (LBP)
representative, and other interested parties to discuss the inputs to
the valuation of the property. He shall discuss the MARO/BARC
investigation report and solicit the views, objections, agreements or
suggestions of the participants thereon.  The landowner shall also be
asked to indicate his retention area. The minutes of the meeting shall
be signed by all participants in the conference and shall form an
integral part of the CACF.

B. The PARO shall:

1.       Ensure that the individual case folders are forwarded to him by his MAROs.

2.       Immediately upon receipt of a case folder, compute the
valuation of the land in accordance with AO No. 6, Series of 1988.  The
valuation worksheet and the related CACF valuation forms shall be duly
certified correct by the PARO and all the personnel who participated in
the accomplishment of these forms.

3.       In all cases the PARO may validate the report of the
MARO through ocular inspection and verification of the property.  This
ocular inspection and verification shall be mandatory when the computed
value exceeds P500 ,000 per estate.

4.       Upon determination of the valuation forward the case
folder, together with the duly accomplished valuation forms and his
recommendations, to the Central Office.  The LBP representative and the
MARO concerned shall be furnished a copy each of his report.

C. DAR Central Office, specifically through the Bureau of Land Acquisition and Distribution (BLAD). shall:

1.       Within three (3) days from receipt of the case folder
from the PARO, review, evaluate and determine the final land valuation
of the property covered by the case folder. A summary review and
evaluation report shall be prepared and duly certified by the BLAD
Director and the personnel directly participating in the review and
final valuation.

2.       Prepare, for the signature of the Secretary or her duly
authorized representative, a Notice of Acquisition (CARP CA Form 8) for
the subject property. Serve the Notice to the landowner personally or
through registered mail within three (3) days from its approval. The
Notice shall include, among others, the area subject of compulsory
acquisition, and the amount of just compensation offered by DAR.

3.       Should the landowner accept the DAR’s offered value, the
BLAD shall prepare and submit to the Secretary for approval the Order
of Acquisition.  However, in case of rejection or non-reply, the DAR
Adjudication Board (DARAB) shall conduct a summary administrative
hearing to determine just compensation in accordance with the procedures
provided under Administrative Order No. 13, Series of 1989. Immediately
upon receipt of the DARAB’s decision on just compensation, the BLAD
shall prepare and submit to the Secretary for approval the required
Order of Acquisition.

4.       Upon the landowner’s receipt of payment, in case of
acceptance, or upon deposit of payment in the designated bank, in case
of rejection or non-response, the Secretary shall immediately direct the
pertinent Register of Deeds to issue the corresponding Transfer
Certificate of Title (TCT) in the name of the Republic of the
Philippines.  Once the property is transferred, the DAR, through the
PARO, shall take possession of the land for redistribution to qualified
beneficiaries.

 

III
Repealing Clause

Administrative Order No. 2, Series of 1989, is hereby repealed. All
other Orders, issuances, rules and regulations inconsistent herewith are
hereby repealed amended or modified accordingly.

Further implementing instructions pertaining to this Administrative Order shall be issued through Memorandum Orders.

 

IV
Effectivity

This Administrative Order shall take effect ten (10) days after its
publication in two (2) newspapers of general circulation pursuant to
Section 49 of R.A. 6657.

Adopted: 26 July 1989

(SGD.) MIRIAM DEFENSOR SANTIAGO
Secretary

Effective: 17 August 1989