POLICY GUIDELINES AND OPERATING PROCEDURES IN THE IDENTIFICATION AND ACQUISITION OF IDLE OR ABANDONED LANDS

I
Prefatory Statement

The 1987 Constitution mandated the institution of the Comprehensive
Agrarian Reform Program (CARP) to promote social justice to ensure the
dignity, welfare, and security of all the people, regulate the
acquisition, ownership, use, enjoyment and disposition of private
property and equitably diffuse property ownership and profits.

Further, R.A. No. 6657 provides that “the State shall be guided by
the principle that land has a social function and landownership has a
social responsibility.

Under R.A. 6657, the coverage of idle or abandoned lands regardless
of size is a priority and these lands shall be subject to immediate
acquisition and distribution subject to the retention rights as provided
for by law.

II
Restatement of Policy

A. The Department is mandated to initiate the expropriation or
acquisition of idle or abandoned agricultural lands at the earliest
possible time for distribution to the farmer-beneficiaries ( FBs) of the
agrarian reform program pursuant to Section 22 of Article XVIII of the
1987 Constitution and as reiterated in Section 18 (h) of Executive Order
No. 229.

B. The Department is likewise directed under Section 7 of R.A. No.
6657 to plan and program in coordination with the Presidential Agrarian
Reform Council (PARC) the acquisition and distribution of all idle or
abandoned agricultural lands regardless of size, as one of the
priorities in Phase One thereof.

III
Coverage

The policies above shall apply to all idle or abandoned lands as
defined under Section 3(e) of R.A. No. 6657, to wit: “Idle or Abandoned
Land refer to any agricultural land not cultivated, tilled or developed
to produce any crop nor devoted to any specific economic purpose
continuously for a period of three (3) years immediately prior to the
receipt of notice of acquisition by the government as provided under
this Act, but does not include land that has become permanently or
regularly devoted to non-agricultural purpose. It does not include land
which has become unproductive by reason of force majeure or any other
fortuitous event, provided that prior to such event, such land was
previously used for agricultural or other economic purpose”.

IV
Operating Procedure

A. The Municipal Agrarian Reform Officer (MARO) shall observe the
following procedures in the identification and coverage of idle or
abandoned agricultural lands.

1.       Identify all idle or abandoned lands in all cities or
municipalities within his area of coverage.  For this purpose, the
initial reckoning period shall be three (3) years prior to Notice of
Acquisition.  In the case of idle or abandoned lands which do not yet
fall within the three-year period, these shall be monitored for future
coverage.

2.       Cover the identified idle or abandoned lands under
compulsory acquisition of private agricultural lands using the normal
procedures but with the following modifications:

a.    Indicate in the Notice of Coverage (I/A Form No. 1) that
the landholding is being covered because, based on the field
investigation, it has been determined to be idle or abandoned.  This
Notice should be sent by registered mail to the landowner and posted for
30 days in:

–           a conspicuous place in the barangay where the
property is located, such as barangay hall, school, and other public
places; and

–           the municipal or city hall.

b.    If the landowner or any person claiming right fails to
reply within 30 days from the receipt of the Notice and/or the last day
of posting, as the case may be, assume that the landowner waived his
retention right and proceed with the acquisition and distribution of the
entire property or identified portion(s) thereof under the procedures
on compulsory acquisition.

Any party who disagrees with the coverage of the subject
landholding as idle or abandoned land may file with the MARO, copy
furnished the PARO and RARO, a written protest fifteen days from receipt
of Notice or date of posting whichever is applicable. Otherwise,
coverage shall become final.

c.    Secure Sworn Statements (I/A Form NO. 2) of at least two
(2) disinterested farmers within the barangay where the subject
landholding or a portion(s) thereof is located, in the presence of two
(2) witnesses, preferably Barangay Agrarian Reform Committee (BARC)
members, and before the administering officer.

3.       For landholdings greater than 50 hectares in size and with
the landowner indicating his desire to avail of the temporary
retention, cover first the area in excess of 50 hectares then determine —
and cover accordingly — if there are idle or abandoned portions within
the temporarily retained area.

B. The procedures for land acquisition, compensation, and
distribution as well as valuation and mode of compensation prescribed in
Sections 16, 17, 18 and 22 of R.A. 6657 and the implementing guidelines
and procedures issued for the purpose shall be strictly followed.

V
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