Amendment AO3 2017 - CCD
Amendment AO3 2017 - CCD
Amendment AO3 2017 - CCD
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Series of 2018
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2.6 Application for exemption from coverage under Section 10 of RA 6657, as
amended;
2.7 Application for exemption pursuant to Department of Justice (DOJ) Opinion
No. 44 (1990);*
2.8 Exclusion from CARP coverage of agricultural land used for livestock, swine,
and poultry raising;*
*Governed by special ALI rules
2.9 Cases of exemption/exclusion of fishpond and prawn farms from the coverage
of CARP pursuant to RA 7881;
2.10 Issuance of Certificate of Exemption for land subject of Voluntary Offer to Sell
(VOS) and Compulsory Acquisition (CA) found unsuitable for agricultural
purposes;
2.11 Application for CONVERSION of agricultural land to residential, commercial,
industrial, or other non agricultural uses and purposes including protests or
oppositions thereto;
2.12 Disposition of excess area of the tenant's/farmer-beneficiary's landholdings;
2.13 Increase in area of tillage of a farmer-beneficiary;
2.14 Conflict of claims in landed estates administered by DAR and its
predecessors;
2.15 Cases or disputes, arising from the need for continued possession and
installation of agrarian reform beneficiaries;
2.16 Cases or disputes, arising from or regarding the maintenance of possession
or reinstatement of actual tillers not bound by any tenurial relations on
landholdings devoted to agriculture; and *
*Delete (CMU ruling : Squatters cannot benefit from CARP)
Section 4 of CARP and Section 4 Article XIII of the Constitution
2.18 In cases involving revocation of orders or decisions with finality or have been
executed by the DAR, where the reason for exemption has ceased to exist,
failure to develop within the prescribed period in case of Conversion Order, or
misrepresentation of facts.
2.19 Such other agrarian cases, disputes, matters or concerns referred by the
Secretary to the Regional Director, other DAR Officials, or in other cases
where the Secretary assumes jurisdiction.
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3.1. Agricultural land refers to land devoted to or suitable for the cultivation
of the soil; planting of crops, growing of trees, raising of livestock, poultry, fish
or aquaculture production,* (to be omitted) including the harvesting of such
farm products and other farm activities and practices performed in conjunction
with such farming operations by persons whether natural or juridical, and not
classified by law as mineral land, forest or timber, or national park, or classified
for residential, commercial, industrial or other non-agricultural uses before 15
June 1988.
4.3. All irrigable lands already covered by irrigation projects with firm
funding commitments, as delineated by the DA and/or NIA; and
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the area's land resources to be used for different purposes and includes the
process and the criteria employed in the determination of the land's use.
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3.7.2. Resource extractive project such as major mining and quarrying
project, forestry logging project, major wood processing, introduction of
fauna or exotic animals in public or private forests, forest occupancy,
extraction of mangrove products, grazing, fishery dikes, or fishpond
development;
3.11. Land Use refers to the manner of utilization of land, including its
allocation, development and management.
3.12. Land Use Conversion refers to the act or process of changing the
current physical use of a piece of agricultural land into some other use or for
another agricultural use other than the cultivation of the soil, planting of crops,
growing of trees, including harvesting of produce therefrom, as approved by
DAR.
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essential ecological processes and life support systems, to preserve genetic
diversity, to ensure sustainable use of resources found therein, and to
maintain their natural conditions to the greatest extent possible. NIPAS
includes areas designated as initial components of the system under Section 5
(a) of RA 7586 which include all areas or islands in the Philippines proclaimed,
designated or set aside, pursuant to a law, presidential decree, presidential
proclamation or executive order as national park, game refuge, bird and
wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove
reserve, fish sanctuary, natural and historical landmark, protected and
managed landscape/seascape as well as identified virgin forest before the
effectivity of RA 7586; those proclaimed as part of the system in accordance
with the procedure established under the said Act such as strict nature
reserve, natural park, natural monument, wildlife sanctuary, protected
landscapes and seascapes; resource reserve; natural biotic areas; and other
categories established by law, conventions or international agreements
wherein the Philippine Government is a signatory.
3.16. Prime Agricultural Land refers to land that can be used for various or
specific agricultural activities and can provide optimum and sustainable yield
with minimum inputs and development costs as determined by the DA.
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3.18. Project Feasibility Study involves the investigation of the market,
technical, financial, economic, and operational viability of the project.
Specifically, it looks into the alternative technical schemes to attain the
project's objectives including possible size, location, production process, and
physical and financial resource requirements. The study also determines
whether the project would generate sufficient benefits to offset estimated
investment and operating costs. Similarly, it ascertains which of the
alternatives would yield the largest positive return to the economy that would
justify its use of resources. Finally, it seeks the most suitable legal,
administrative and organizational arrangements to ensure that implementation
would proceed as planned and that completed facilities would be properly
maintained and operated.
3.22. Special Economic Zone or Eco Zone refers to selected areas which are
highly developed or which have the potential to be developed into agro-
industrial, tourist, recreational, commercial, banking, investment and financial
centers whose metes and bounds are delimited by Presidential Proclamation.
(Check TIEZA)
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3.23. Strategic Agriculture and Fisheries Development Zone (SAFDZ) refer to
the areas within the NPAAAD identified for production, agro-processing and
marketing activities to help develop and modernize, with the support of the
government, the agriculture and fisheries sectors in an environmentally and
socio-culturally sound manner.
3.25. Watershed refers to a catchment area or drainage basin from which the
waters of a stream or stream system are drawn.
RULE II
Jurisdiction over ALI Cases
Section 6. General Jurisdiction.
Section 6.1 The Regional Director shall exercise primary jurisdiction over all
agrarian law implementation cases, except
Section 6.2. Conversion/Exemption (DOJ 44)/Exclusion (Livestock):
Section 6.2.1 The Regional Director, for applications involving lands with an
area less than or equal to five (5) hectares, or a fraction above five (5)
hectares. The Regional Director shall be the approving authority for such
applications; and
Section 6.2.2 The Agrarian Reform Secretary, for applications involving
lands with an area larger than five (5) hectares. The Secretary shall be the
approving authority for such applications and may delegate the same
authority to any Undersecretary, in cases of recusal.
Section 6.2.3. When the application concerns a parcel of land that is adjacent
to another parcel of land that was previously granted a Conversion Order, and
the sum of the areas of both adjoining parcels of land exceeds five (5)
hectares, the approving authority for the present application shall be the
Secretary.
Section 6.2.4. When the applicant owns or represents the owner(s) of two (2)
or more parcels of land within the same barangay or within two (2) or more
barangays that are adjacent to each other, and the sum of the areas of said
parcels of land exceeds five (5) hectares, the approving authority for an
application involving any of said parcels of land shall be the Secretary.
Section 6.2.5. When a single project proposes the conversion of two (2) or
more parcels of land with different owners but within the same barangay or
within two (2) or more barangays that are adjacent to each other, and the sum
of the areas of said parcels of land exceeds five (5) hectares, the approving
authority for an application involving any of said parcels of land shall be the
Secretary.
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Section 6.2.6 When the applicant or any oppositor challenges the jurisdiction
of the approving authority on the ground of error in computation of
jurisdictional area, and a higher authority takes cognizance of the dispute, the
DAR approving authority shall hold in abeyance the application for conversion
until the DAR Secretary determines with finality the correct jurisdictional area.
RULE III
Procedure
Section 11. Applicability. The procedures herein shall generally apply to all ALI
cases, including land use conversion, exemption for DAR clearance under DOJ
Opinion No. 44, and exclusion from CARP Coverage for livestock. except for
specific situations such as applications, except for land use conversion and
exemption/exclusion from CARP coverage which shall be governed by the special
procedures therefore.
12.1 Regular ALI Case - an ALI case involving said land shall commence upon
filing of the initiatory pleading or application to any nearest DAR Office. The
receiving DAR Office shall then forward the case to the DAR Regional Office
(DARRO) concerned.
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12.1.1 Commencement at the DAR Regional Office (DARRO) — The
DARRO shall docket the case and transmit the case folder to the
PARPO within five (5) working days from filing, with notice to all
parties. Upon receipt, the PARPO shall, within five (5) working days
and with notice to all parties, transmit the case folder to the MARO
who shall conduct the necessary mediation/conciliation proceedings.
Only the real-party-in-interest may file a protest/opposition or petition
to lift CARP coverage and may only do so within sixty (60) calendar
days from receipt of the notice of coverage; a protesting party who
receives the notice of coverage by newspaper publication shall file
his protest / opposition / petition within sixty (60) calendar days from
publication date; failure to file the same within the period shall merit
outright dismissal of the case.
12.1 Without or prior to issuance of notice of CARP coverage — When the land in
question has never been the subject of a notice of coverage, (to be omitted)
ALI case shall commence upon filing of the initiatory pleading or application
before the Regional Director. or Provincial Agrarian Reform Program Officer
(PARPO).
12.1.1 Commencement at the DAR Regional Office (DARRO) — The
DARRO shall docket the case and transmit the case folder to the
PARPO within five (5) working days from filing, with notice to all
parties. Upon receipt, the PARPO shall, within five (5) working days
and with notice to all parties, transmit the case folder to the MARO
who shall conduct the necessary mediation/conciliation proceedings.
12.1.2 Commencement at the DAR Provincial Office (DARPO) — The
PARPO shall docket the case and submit a case brief to the
Regional Director within five (5) working days, with notice to all
parties. Within the same five (5) working-day period and with notice
to all parties, the PARPO shall transmit the case folder to the
MARPO who shall conduct the necessary mediation/conciliation
proceedings.
12.2 After issuance of notice of coverage — Commencement shall be at the DAR
Provincial Office (DARPO) Municipal Office (DARMO). When the
applicant/petitioner commences the case at any other DAR office, the
receiving office shall transmit the case folder to the DARPO (DARMO) or
proper DAR office in accordance with the pertinent order and/or circular
governing the subject matter. Only the real-party-in-interest may file a
protest/opposition or petition to lift CARP coverage and may only do so within
sixty (60) calendar days from receipt of the notice of coverage; a protesting
party who receives the notice of coverage by newspaper publication shall file
his protest / opposition / petition within sixty (60) calendar days from
publication date; failure to file the same within the period shall merit outright
dismissal of the case.
Section 13. Disclosure Statement. The petitioner shall disclose and certify
under oath, in the petition or its integral annex, that:
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(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 action or proceeding
involving the same land, or a portion thereof, or issue in any court, tribunal,
or quasi-judicial 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 within five (5) days therefrom to the DAR office where the
cancellation case is pending.
The failure to file the notarized disclosure statement, and/or the commission of acts
constituting forum shopping shall be a ground for dismissal of the cancellation case
without prejudice.
Pursuant to AO 5, 2011, the Oath shall be administered by the Regional Director or
the PARPO.
Section 14. Pauper Litigant. A party who is a farmer, agricultural lessee, share
tenant, farm worker, actual tiller, occupant, collective or cooperative of the
foregoing beneficiaries, or amortizing owner-cultivator, shall allege such fact in a
sworn statement and shall thereafter benefit from the privileges for pauper litigants
without need of further proof. He shall continue to enjoy such privileges in all levels
of the proceedings until finality of the case.
Section 15. Intervention. No intervention shall be given due course unless the
intervenor shows proof that he has a substantial right or interest in the case which
he cannot adequately protect in another case. This notwithstanding, potential
farmer beneficiaries have a substantial right, interest, and legal personality to
intervene. No intervenor shall, however, be allowed to file any motion to
postpone/extend/reset or any pleading which may in any way delay the case which
he seeks to intervene in.
Section 16. Procedure.
16.1 Commencement. Except for applications for land use conversion and
exemption/exclusion from CARP coverage which shall follow separate
special rules, an ALI case shall commence with the filing of the proper
application or initiatory pleading at the DARMO / DARPO / DARRO. In all
instances, the MARO (PARPO) shall notify all tenants, leaseholders,
farmworkers, and occupants of the subject land of the initiation of the case.
Proof of notice to all the persons above-mentioned shall form part of the
records of the case.
16.2 After notifying all parties, the PARPO shall indorse the CF to the MARPO.
The MARPO and Barangay Agrarian Reform Committee (BARC) shall exert
exhaustive efforts for at mediation and conciliation to persuade the parties to
arrive at an amicable settlement or compromise.
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16.3 The issue of whether or not the land is subject to coverage under PD 27 or
RA 6657 shall not be the subject of compromise.
16.4 If mediation/conciliation fails, the MARPO shall, within five (5) working days
from termination thereof, transmit the case folder to the PARPO with a written
report explaining the reasons for the mediation/conciliation's failure,
furnishing all the parties with a copy of the written report.
16.5 Investigation. The PARPO, or any Investigating Officer or Committee which
he or the Regional Director may designate, shall conduct investigations and
perform whatever is necessary to achieve a just, expeditious, and
inexpensive disposition of the case.
16.6 Record of proceedings. The proceedings shall be recorded by a
stenographer. In the absence of an available stenographer, the Investigating
Officer shall make a written summary of the proceedings, including the
substance of the evidence presented which shall be attested to by the
parties or their counsel and shall form part of the records of the case.
Should any party or counsel refuse to sign, the reason for such refusal shall
be noted therein.
RULE IV
Appeals to the Secretary
Section 24. Grounds. Appeal shall be given due course on the decision of the
Regional Director on the following grounds:
24.1 Serious errors in the findings of fact or conclusion of law which may cause
grave and irreparable damage or injury to the appellant; or
24.2 Coercion, fraud, or clear graft and corruption in the issuance of a decision.
Section 25. Caption. The caption of all appeals, in addition to the standard lines
indicating the hierarchy of authority (first line: "Republic of the Philippines"; second
line: "Department of Agrarian Reform"; third line: "Office of the Secretary"), shall
likewise specifically address appeals to the "Bureau of Agrarian Legal Assistance"
or "BALA", and refer to the appealing party as the "appellant" and the adverse
party the "appellee". The BALA shall assign a new docket number to each appeal
which shall appear above the old docket number (enclosing the old docket number
inside a parenthesis).
Section 26. When to Appeal. Appeals may be taken within fifteen (15) days from
receipt of the adverse decision pursuant to Section 51 of RA 6657, as amended,
which provides that "any order or ruling or decision shall be final after the lapse of
fifteen (15) days from receipt of a copy thereof".
Section 27. How to File the Appeal. Appeals from the decision of the Regional
Director shall be filed in the same regional office which issued the adverse
decision, a notice of appeal with proof of payment of the requisite appeal fee.
Official cashiers of any DAR office may receive payment of the requisite appeal
fee. The RD shall issue an Order if the appeal is perfected within five (5) days from
the receipt of the said Notice of Appeal. Non-perfection of the appeal within the
reglementary period merits dismissal of the appeal.
Section 28. Appeal Pleadings. The appellant shall submit an appeal brief with
the BALA within ten (10) days from perfection of the appeal, furnishing a copy
thereof to the adverse party and the Regional Director. The appellee may submit a
comment (not a motion to dismiss) within ten (10) days from receipt of the appeal
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brief, furnishing a copy thereof to the appellant and the Regional Director. If
necessary, the BALA Director may conduct a clarificatory hearing. Ten (10) days
after the termination of the said hearing thereof, the BALA Director may order the
parties to simultaneously file their respective appeal memorandum.
Section 29. Record Transmittal. Upon receipt of the notice of appeal, the
DARRO of origin shall arrange each document therein in chronological order
according to date of receipt (the first-received document in the first page, so on and
so forth, until the last-received document in the last page); inscribe a page number
(by hand or with a paginating device) on each page and every page; and thereafter
the responsible officer at the DARRO shall affix his initials on each and every page.
When for special reasons a particular document in the records requires that it be
free from any form of marking, the pagination and affixing of initials shall be made
only upon photocopies thereof; the originals shall be in separate envelopes while
photocopies thereof shall form part of the main rollo folder. The DARRO shall
prepare a table of contents, which shall be ahead of the first page of the records,
and attach a photocopy of the appeal fee receipt in front of the table of contents.
Within ten (10) days from perfection of the appeal, the DARRO shall transmit the
records and all its accompanying envelopes to the BALA. To enforce compliance
with this Section, the BALA Director may, after due investigation, recommend
disciplinary action against the erring DARRO official, including the Regional
Director when necessary.
Section 30. Appeal Withdrawal. An appeal may be withdrawn by filing with the
BALA a motion to withdraw appeal at any time prior to the promulgation of the
appellate decision, except when the withdrawal is prejudicial to public interest. The
withdrawal may take effect only after the Secretary issues an order approving the
motion to withdraw.
RULE V
Appeals from the Secretary
Section 31. Motion for Reconsideration. A party may file only one (1) motion for
reconsideration of the decision of the Secretary or deciding authority, and may do
so only within a non-extendible period of fifteen (15) days from receipt of the
Secretary's decision, furnishing a copy of the motion to all other parties. The filing
of the motion interrupts the running of the reglementary period within which to
appeal. Upon receipt of the resolution on the motion for reconsideration, the losing
party may elevate the matter to the Office of the President (OP).
Section 32. Appeal. Appeals from the decision of the Secretary may be taken to
the OP within fifteen (15) days from receipt thereof. THE FILING OF AN APPEAL
WITHIN THE PROPER PERIOD DOES NOT STAY EXECUTION OF THE SUBJECT
DECISION. unless the OP orders immediate execution of the DAR decision upon
such terms and conditions that are just and reasonable, pursuant to pertinent
provisions of OP Administrative Order . No. 22, Series of 2011, amending OP
A.O. No. 18 dated 12 February 1987. (Section 50 of RA 6657-Notwithstanding an
appeal to the CA, the decision of the DAR shall be immediately executory)
Section 33. Judicial Review. In cases where the appellant opts to elevate his
appeal directly to a judicial forum, the governing procedure shall be the pertinent
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provisions of the Rules of Court, until and unless the judicial forum dismisses the
appeal for failure to exhaust administrative remedies.
PRULE VI
Finality and Execution
Section 34. Finality. Orders/decisions/resolutions shall become final and
executory after all parties have received an official copy thereof; after the lapse of
fifteen (15) days from the date of receipt by the last recipient of an official copy
thereof; and there is no motion for reconsideration nor appeal therefrom.
Section 35. Execution. Execution shall issue automatically as a matter of course
upon finality of the case. The Regional Director shall issue the necessary certificate
of finality within five (5) days from date of finality of a case. For cases appealed to
the Secretary that attained finality thereat, the BALA Director shall issue the
necessary certificate of finality within five (5) days from the date of finality. Upon
completion of the certificate of finality, the Regional Director or deciding authority
may, upon motion or motu proprio, issue a writ of execution ordering the MARPO
or appropriate DAR official to enforce the final order / decision / resolution. For this
purpose, the MARO or appropriate DAR official may seek assistance from law
enforcement agencies.
RULE VII
Transitory Provision
Section 36. Transitory. The provisions of this AO shall be applicable to all cases
filed on or after its effectivity.
RULE VIII
Final Provisions
Section 37. Suspension of Rules. The DAR Secretary may suspend the
application of these Rules in order to serve and protect the interest of justice.
Section 38. Access to Case Records. Subject to the provisions of DAR
Memorandum Circular No. 7, Series of 2011, as amended by as MC No. 2, Series
of 2016, the records of a case are public documents.
Section 39. Repealing Clause. This Order modifies or repeals DAR-AO-3-2017
and all other issuances or portions thereof that are inconsistent herewith.
Section 40. Separability Clause. Any judicial pronouncement declaring as
unconstitutional any provision of this Order shall not affect the validity of the other
provisions herein.
Section 41. Effectivity Clause. This Order shall take effect ten (10) days after its
publication in two (2) national newspapers of general circulation, pursuant to
Section 49 of RA 6657.
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Diliman, Quezon City, ____________ 2018.
RAFAEL V. MARIANO
Secretary
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