Republicofthe Philippines

DEPARTMENT of AGRARIAN REFORM

ELliPTICALROAD. DIUMAN, QUEZON CITY lELS.928-7001 TO 39
DepartmentofAgrarianRefonn 0' ()
ADMINISTRATIVEORDERNo.
Seriesof2011
SUBJECT:
RULES FORTHESURVEYAND/ORFIELD INVESTIGATIONOF
LANDHOLDINGS WHERE THE DEPARTMENT OF AGRARIAN
REFORM AND THE LANDBANK OF THE PHILIPPINES ARE
DENIEDENTRYTHERETO
Pursuantto Sections49 and 50 ofRepublic Act (R.A.) No. 6657, as amended, andin orderto
address the problems encountered by field implementers in the Survey and/or Field
Investigation of landholdings covered by the Comprehensive Agrarian Reform Program
(CARP), thefollowingrulesare herebypromulgated.
SECTION 1. Policy Statement. - The Survey and Field Investigation of CARP-covered
landholdings are necessaryactivities for thedeterminationofthevalue ofthejustcompensation
due to the landowners. Such activities must be performed without delay but with due
consideration to the safety ofthe Department ofAgrarian Reform (DAR) andLand Bank of
the Philippines (LBP) field personnel. Furthermore, the fact ofprobletrultic Survey and Field
Investigation should not be a convenient excuse for the failure to cover or the delay in the
coverageofthesubjectlandunderagrarianreform.
SECTION2.ProblematicSurveyand/ orFieldInvestigationDefined.- A Surveyand/ or
FieldInvestigationis/areconsideredproblematic for thepurpose ofthis Administrative Order
(A.a.) iftheauthorized surveyorormembersofthe field investigationteamareunabletocarry
out the prescribed Survey activities or Field Investig.>tion for land acquisition due to external
actions or factors, without any undue provocation from them, such as force, threat, violence, or
harassment, which pose actual orimminentdanger to theirpersons orproperty, provided that
the landholding concerned has been issued avalid Notice ofCoverage in accordance with the
pertinentrules. It shall also include situations involving the Outright orimplicit refusal ofthe
landowner, administIator, oractual occupantofthelandholding, regardless ofthe presence of
violence or threats ofviolence, to allow the entry of field personnel to conduct the above
activities after due notice.
SECTION3. Scope and Applicability. - Upon the certification of the Regional Director
(RD), acting on the recommendation of the Provincial Agrarian Reform Officer (PARO)
concerned,thatthesurveyorfield investigationis problematic,the rules prescribed herein shall
apply.
These Rules shall apply to the conduct of Survey and/or Field Investigation which are
problematic,as definedinSection2hereof. AdrninistIativeOrder(A.a.) No.7,Series of 2011,
and other pertinent Rules and Circulars shall govern the rest of the procedures on land
acquisition and distribution.
SECTION4. CertificationThatTheSurveyand/ orFieldInvestigationIs Problematic.
- If in due course ofthe procedure oftheDAR,itfailed to conduct the Survey and/ or Field
Investigationoveraparticularlandholdingduetoits beingproblematic,the PAROshall, within
three (3) days from the failure ofsuch activity, recommend to the RD that the said Survey
and/or Field Investigation be certified as problematic. The RD shall review thc
recommendation and, if hc/shcdeems itproper, issue a Certification tothateffect, as defined
by this A.O., within five (5) days from receipt ofthe recommendation ofthe PARO. The
reasonwhy theSurveyand/orField Investigationis/are certified as problematicmustbestated
in the said Certification.
Uponissuance ofthe Certification bytheRD thatthe Survey and/orField Investigationis/are
problematic, the PARO shall issue a Notice to the landowner within three (3) days from the
receiptofsaid Certificationstatingthat:
(1) thelandownermustissne and furnish theDARandtheLBP,throughtheDAR
Provincial Office (DARPO), within fifteen (15) days from receipt ofthe said
Notice, an authorization to enter the subject landholding at any time during
reasonablehours to conductthenecessarysurveysandfield investigation;
(2) the failure to issue and furnish the authori'ation within the said reglementary
period,orthe failure orrefusal to allow entry to the personneloftheDARand
theLBP despitetheissuanceoftheauthorization,shallresultinthe:
a. DAR choosing the retention area, ifthe landowner has notified the
DARofhis/her/itsdecisiontoexercisehis/her/itsrightofretention;
b. DAR not conducting the survey and field investigation until the
government attains possession of the subject landholding, if the
landowner waives his/her/its right to exercise the right to retain
pursuanttoSection27 ofA.O.No.7,Seriesof2011;and
c. initial temporary valuation ofthe landholding being detennined as ifit
wereclassifIed as idle land, provided that the initial temporaryvaluation
shall be reviewed and may be changed once the DAR enters the
landholdingandconductaproperfieldinvestigation.
Aduplicatecopyofthel:ertificationshallbeattached to theNotice.
SECTION5.Landowner'sRightto SubmitItsComment.- Thelandownermayrefutethe
reasons stated in the Certification within fifteen (15) days from receipt ofsaid Notice, by
submittingtotheDARPOaCommenttogetherwith any pieceofevidencehe/she/itwishes to
be considered, as well as a sworn authorization allowing the DAR and the LBP to enter the
subject landbolding at any time during reasonable hours to conduct the necessary surveys. A
Conunent submitted, ifany, shall be attached and shall become an integral part ofthe Claim
Folder(CF) ofthelandholding.
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SECTION6. Optionsofthe DARInCaseProblematic.- Ifthelandownerfails to submit
the authorization stated in Sections 4 or 5 of this AD, or if the Survey and/or Field
Investigation is still problematic, as defined herein, despite the execution ofany ofthe said
authorizations, theDARandtheLBP:
may conduct the Perimeter Segregation Survey and/or Field Investigation in
Ca)
~ r d n e with the provisions provided hereafter, if the bndowner exercised
his/her/itsrightto retain; or
,
(b)
shall not conduct the Survey and/or Field Investigation until after the
government attains possession of the bndholding, if the landowner waives
his/her/itsrightto retainpursuanttoSection27ofA. O.No.7,Series of2011.
SECTION7. DARToChooseRetentionArea If RightIsExercised.- If the landowner
exercised his/her/itsright to retain, the DARshall choose theretention area even ifhe/she/it
hadalreadysuhmittedtotheDARhis/her/itschoiceofretentionarea.
In choosing the said retention area, the DAR shall limit itselfto the perimeter portion thatis
easiestto segregatefrom theentirelandholdingevenwithoutenteringthelandholding.
SECTION8. Perimeter Segregation Survey,ifthe Right to Retainis Exercised.- Ifthe
right to retain is exercised, the Survey team shall conduct the perimeter segregatuib survey in
order to segregare the retention area chosen by the DAR from the rest of the subject
landholding. The perimeter segregatiDn plan (PSP) shall beincluded in the CF which will be
transmitted to Ihe LBP. It shall also, at the same time, submit the PSP to the Land
Management Service (LMS) Df the Department of Environment and Natural Resolltces
(DENR).
SECTION 9. Initial Valuation ofthe Subject Landholding. - If the right to retain is
exercised, theinitialvaluation ofthelandholdingshallbebasedonthearea size perthePSP. If
this rightis notexercised, theinitialvaluationofthelandholdingshall bebasedonthearea size
perthelandowner'stitle. InbDthcases,itshallbe temporarilyvaluedasifitwereanidleland.
The Memorandum of Valuation (MaY) and NDtice of Land Valuation and Acquisition
(NLVA) that shall be served to the landowner shall expressly state that the landholdingwas
considered as idle land for the sole purpDse Df detertnining its initial valuanon due to the
conditions preventingthe DARfrom enteringthe same. BoththeMOVand the NLVA shall
further expressly state that the valuation is subject tD change upon the completion ofa Final
Field Investigation thatshallbeconductedonce thegovetnmenthas takenactualpossessionof
thesubjectlandholding.
The PARa, on the same day the NLVA is transmitted to the MARa concerned, shall also
transmittheOrdertoDepDsitLandowner'sCompensatiDntotheLBP.
SECTION10. Certificate ofDeposit and the Cancellation ofthe Landowner's Title. -
TheLBP shallissue to thePARaa CertificateofDeposit(COD) uponits receiptofthe Order
toDeposit,usingthetemporaryclassificatiDnofthelandholdingasi

landas thebasis fDr the
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valuation. Withinthree (3) days from thePARO'sreceiptfrom theLBPofacopyoftheCOD,
he shall immediatelytransmit the COD,the ApprovedSegregation Planiftheughtto retam IS
exercised, andthewrittenrequestto theROD for theissuanceof TransferCertificate/sofTitle
(rCT/s) in the name ofthe Republic ofthePhilippines (RP Title), and, ifapplicable, a title tn
favor ofthelandowner.
SECTION 11. Final Survey and Field Investigation. - Within three (3) days from the
issuance oftheRPTitle, the DARshalltake actual possessionofthe subjectlandholdingto be
undertaken by theDARSheriff. If theDARSheriffis unable todo sodue to the resistance of
the occupant ofthelandholding, he shall make awritten reportstating the same and mbmitit
to the PARO. The PARO shall, within five (5) days from the receipt ofthe report, seek the
assistance ofthePhilippine NationalPolice (PNP) and/ortheAnnedForcesofthePhilippines
(AFP), and schedule the ejectment of the occupant and the taking of possession of the
landholdingcoveredbytheRP Title at the earliestconvenienttime.
Within two (2) days from the taking ofpossession ofthe subjectlandholding, the DAR shall
begin its Final Survey and land use mapping activities. The Final Survey/Segregation Plan
(FSP) andLandUse Map (LUM) shallbe submitted hy thePARO to the LBP within five (5)
days from their execution. He shall also, at the same time, submit the FSPto theLMS ofthe
DENR.
The Final Field Investigation shall begin within two (2) days after the LBP's receiptofthe FSP
andtheLUM. .
SECTION12. AmendmentoftheValuation.- TheDARPOshall transmitto theLBPand
the ROD the Approved Survey Plan (ASP) ofthe LMS within three (3) days from its receipt
thereof. TheLBP may adjust the value ofthe just compensation due to the landowner upon
consideringtheFieldInvestigation Report(FIR) from the final FieldInvestigation andtheASP.
If an adjustment to the value ofjust compensation was made, the COD shall he amended
accordingly. Incase an administrativejustcompensationproceedingisalreadypendingwiththe
DARAB or its Adjudicator, or a just compensation case is pending with a Special Agrarian
Court, the saidtribunalshallbenotifiedofthesaidamendment.
Regardless ifthere is a change to the value ofthe just compensation or none, the LBP shall
issueanew MOVstating the final valuation. TheDARshallissue andtransmita notice to the
LOstatingthe finalvaluationwithinthree(3) days fromreceiptofthe newMOV.
SECTION 13. Cancellation of the RP Title and the Revival of tIle Title of the
Landowner.- Ifduring the FinalSurvey and/orfinal Field Investigation itis determined that
part/s ofthe landholding is/are not coverable by the CARP, the fact shall be shown in the
ASP. ThePl,RO shalltransmitto the Secretary arecommendation to canceltheRPTitlewith
respectto the areanotcoverableby theCARP.
TheSecretary shall thereafter, uponverification thatthe areal sis/ are indeednot coverable the
CARP, issue an Order cancelling the portions of the RP Title covering this/these areals,
withoutgoing through the proceduredelineated by A.O. No. 06, Series of2011. Heshall also
directtheROD to revive theimmediatelyprecedingtitle coveringthesaid areal s.
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SECTION14. Assistance from the PNPand/ortheAFP. - ThePARamay request the
Fl"F and/or theAFP for security assistance in the conduct ofthe Perimeter Survey and the
takingofpossessionofthelandholding,amongothers.
SECTION 15. Issuance of CLOA. - After the conduct of the Final Survey and Field
Investigation, the PARashallrequest the concernedRegister ofDeeds tocancel the RPTitle
andregisrer theCertificates ofLandOwnershipAward (CLOAs)inthe nameoftheARBs.
SECTION1(,. SuspensionoftheActivities StatedInThisA.O.- In case thereis a ptotest
against coverage ora petition for exemptionorexclusion pendingatthe time ofthe Perimeter
Segregation Surveyin cases covered by Sectlon 6 (a) hereof, orin the event oftheissuance of
tbe NLVA and the Order to Depositin caSeS covered bySection6 (b) hereof, the DARshan
holdin abeyance these activities until the protestagainstcoverage orpetition for exemption or
exclusionhasbeendenied bytheRD,orifappealed,bytheSecrelliry.
SECTION17.A.O.onLAD.- A.O, No,07,Series of2011 shallgovemtheotherprocedures
ofthelandacquisitionanddistributionprocessnotcoveredby thisA.a.
SECTION18. Special Rules bythe Secretary. - TheSecretary may prescribe special rules
togovern specialcases ofproblematicSurveyand/ orField Investigation,
SECTION 19. Repealing Clause. - AllA.O.s inconsistent herewith are bereby accordingly
repealed,modified,and!oramended.
SECTION 20. Separability Clause. - Any judicial pronouncement dedaring as
unconstltutlonal any provision ofthis A.a. shall have no effect on the validity ofthe other
provisionsnotaffectedthereby.
SECTION 21. Effectivity Clause. - This Order shall take effect ten (10) days after its
publicationintwo (2) nationalnewspapersofgeneralcirculation.
Diliman, QuezonCity, d ()tllJ'fd :11/1.
PUblished in two (2) Newspapers
of general Circulations:
1. Philippine Star
2. Daily
Date of PUblication - October

2
011 DBpal1menl 01 AgrariBR Reform
5
III illlll"",lliilillfll",rilaifil III II
AO-1H4095
If;
";, Republic of the Philippines
DEPARTMENTof AGRARIAN REFORM
CERTIFICATION
This is to certify that DAR Administrative Order No.9, Series of 2011 entitled
"RULES FOR THE SURVEY AND/OR FIELD INVESTIGATION OF
LANDHOLDINGS WHERE THE DEPARTMENT OF AGRARIAN REFORM
AND THE LANDBANK OF THE PHILIPPINES ARE DENIED ENTRY
THERETO" is published today, Tuesday, 18 October 2011 at Philippine Star and Daily
Tribune newspapers.
Issued this 18h day of October 2011 for whatever purpose it may serve.
Elliptical Road. Diliman. Quezon Citv Tel. (fi:l?\ q?R_7n11 10