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Section 4. Grounds. - The Following Are The Grounds For The Cancellation of Eps, Cloas

The document defines key terms related to agrarian reform, including "neglect or abandonment" and "petition for cancellation". It outlines grounds for cancellation of titles issued under agrarian reform programs, such as the sale or transfer of awarded land in violation of agrarian laws. It also describes the procedure for initiating a cancellation case, including requirements for the verified petition, installation of a billboard on the property, and a disclosure statement regarding other related cases.

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155 views

Section 4. Grounds. - The Following Are The Grounds For The Cancellation of Eps, Cloas

The document defines key terms related to agrarian reform, including "neglect or abandonment" and "petition for cancellation". It outlines grounds for cancellation of titles issued under agrarian reform programs, such as the sale or transfer of awarded land in violation of agrarian laws. It also describes the procedure for initiating a cancellation case, including requirements for the verified petition, installation of a billboard on the property, and a disclosure statement regarding other related cases.

Uploaded by

anne
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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AO 07 S 14

SECTION 3 DEFINITION OF TERMS


(n)
Neglect or Abandonment refers to a clear and absolute intention to renounce
a right or a claim, or to abandon a right or property, coupled with an external act
by
which that intention is expressed or carried into effect. 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. It consists in any
one of these conditions:
(a) failure to cultivate the lot due to reasons other than
the non-suitability of the land
to agricultural purposes, for at least two (2)
calendar years, and to pay the
amortizations for the same period; (b) permanent transfer of residence by the beneficiary
and his family, which has rendered him
incapable of cultivating the lot; or (c)
relinquishment of possession of the lot for
at least two (2) calendar years and failure
to pay the amortization for the same period.

The failure to cultivate the awarded land due to old age, physical incapacity,
and/or other natural causes shall not be considered as neglect or abandonment.
(r) Petition for Cancellation is a verified pleading alleging the grounds relied
upon by the petitioner in seeking the cancellation of the subject EPs, CLOAs, or
other titles issued under any agrarian reform program, which shall be duly supported by
original or certified true or photocopies of relevant documents
together with affidavits
of witnesses, and accordingly pre-marked as Exhibits
"A", "B", "C", and so forth.
A

The petition must include as party-respondents the concerned holders or


successors-in-interest of EPs, CLOAs, or other titles issued under any agrarian
reform program.

The filing of joint petitions for cancellation without common interest among the
petitioners, identity of landholdings, and the like, is hereby strictly prohibited.
SECTION 4. Grounds. The following are the grounds for the cancellation of EPs, CLOAs,
and other titles issued under any agrarian reform program:

11.
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 a beneficiary, in order to violate or circumvent the provisions
of
Sections 27 and 73 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws;

13.
Deliberate and absolute failure of the ARB to pay at least three (3) annual
amortizations to the Land Bank of the Philippines (LBP), provided an amortization
table has been issued to the ARB, and provided further that the
amortizations shall
start one (1) year from the ARB's actual occupancy pursuant
to Section 26 of R.A. No.
6657, as amended;

14.
Willful and deliberate neglect or abandonment of the awarded land as defined by
Section 3(n), except in case of a waiver of said awarded land; or
ARTICLE III
Procedure

SECTION 7. Initiation of a Cancellation Case. A cancellation case shall be initiated by the


filing of a verified Petition for Cancellation and the payment of the filing fee, if necessary.

The verified Petition shall be filed with the Office of the PARAD who has jurisdiction over the
place where the land covered by the EPs, CLOAs, or other titles sought to be cancelled is
located.

The Disclosure Statement stated in Section 8 of this A.O. must be attached to the verified
Petition.

After filing the Petition, the petitioner shall cause the production of a billboard, preferably made
of any visible, waterproof, environmentally-friendly, and sturdy material, measuring 60.96 by
91.44 centimeters (2 x 3 feet), containing the following:

"To all concerned,


[Original/Transfer] Certificate of Title No. CLOA- ___________registered in the name of
_________________ will be the subject of a cancellation proceeding with the
Department of Agrarian Reform.

The above-mentioned farmer-beneficiary and all other respondents are required to submit
their verified comments with the Provincial Agrarian Reform Adjudicator located at
_____________.

Petitioner

and install the same at a conspicuous location along the premises of the landholding within three
(3) days from his filing of his verified petition. He shall thereafter take at least three (3)
photographs of the same notice and submit them to the PARAD no later than five (5) days from
the filing of his verified petition. The petitioner may seek the assistance of the DAR in case there
is probable cause to believe that the installation of the billboard will be confronted with violence.

The documentary and evidentiary requirements mandated by the appropriate administrative


orders governing the ALI component of the cancellation case must also be attached to the
verified Petition. It is the responsibility of the party initiating the cancellation case to ensure that
the evidence to satisfy the grounds stated in Section 4 of this Administrative Order are submitted.
The initiating party and the respondents are hereby warned that the grounds and the evidence

necessary are provided for in administrative orders other than this Administrative Order. In the
event any of these requirements are lacking, the PARAD shall issue an Interlocutory Order
requiring the petitioner to submit them. The failure of the PARAD to issue such Interlocutory
Order, or the failure of the petitioner to receive the same, shall not prevent the dismissal of the
cancellation case on the ground that the petitioner failed to prove his/her/its cause of action.

Finally, in case the EP/CLOA is being sought to be cancelled based on allegations that the
landholding involves the retention area of the landowner or is excluded/exempted from CARP
coverage, or that there is a defect or irregularity in the Notice of Coverage, the petitioner must
submit a certification from the LBP that he has yet to withdraw any of the deposited just
compensation. Failure to submit the said certification is a ground for the dismissal of the
petition.

At least five (5) copies of the petition must be prepared and filed with the PARAD. If there is
more than one (1) respondent, more copies should be prepared and filed by the petitioner in order
to provide all of them with a copy.

In case of joint petitions without common interest, the PARAD shall issue an interlocutory order
directing the petitioner/s to file separate petitions for cancellation and pay the corresponding
filing fees. If the petitioner/s fail/s to comply within the period given in the interlocutory order,
the PARAD shall immediately transmit the complete records of the case to the OSEC, through
the BALA, for proper disposition.
SECTION 8. Disclosure Statement. The petitioner shall disclose and certify under oath, in
the petition or its integral annex, that:

(a)

He is a party-in-interest or properly authorized by a party-in-interest;

(b)
He has not commenced and/or is aware of any other action or proceeding
involving the same land, or a portion thereof, or issue in any court, tribunal, or quasijudicial agency; and to the best of his knowledge, no such action or
proceeding is
pending in any court, tribunal, or quasi-judicial agency;

(c)

If there is any action or proceeding which is either pending or may have been
terminated, he shall state the status thereof; and

(d)

If he thereafter learns that a similar action or proceeding has been filed or is


pending before any court, tribunal, or quasi-judicial agency, he undertakes to
report that fact within five (5) days therefrom to the DAR Office where the case
for
cancellation is pending.

The failure to file the required disclosure statement, and/or the commission of acts constituting
forum shopping, shall be a ground for dismissal of the cancellation case without prejudice.

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