ItAR

RepublicofthePhilippines
DEPARTMENT of AGRARIAN REFORM
DepartmentofAgrarianReform .....,
ADMINISTRATIVEORDERNO._V1..I_
Seriesof 2014
SUBJECT: RULESANDPROCEDURESFORPRELIMINARYPROCESSINGOF
LAND ACQUISITION AND DISTRIBUTION OF PRIVATE
AGRICULTURAL LANDS UPON REVOCATION BY THE
DEPARTMENT OF AGRARIAN REFORM OF
EXEMPTION/EXCLUSIONCONVERSIONORDER
SECTION1. Applicability.- These rules shall applytolandholdingswheretheSecretaryhas
revokedanExemption/ExclusionorConversionOrder,buttheissuehas beenappealed to, and
is stillpendingwith,theOfficeofthePresident.
SECTION2. PreliminaryProcessingoftheLandAcquisitionandDistribution.- Upon
receiptbytheDARoftheNoticeofAppealtotheOfficeofthePresidentofthe decisionofthe
Secretary revoking the Exemption/Exclusion or Conversion Order covering a particular
landholding; theOfficeofthe Secretary, through the Undersecretaryfor Field Operations,shall
issue a Memorandum directing theProvincial Agrarian Refonn Program Officer (PARPO) to
proceedwith the land acquisition and distribution processofthe subjectland until theissuance
ofthe Memorandum ofValuation with the attached Land Valuation Worksheet by the LBP,
unlessotherwisesuspendedsoonerbytheSecretary,theOfficeofthePresident,ortheSupreme
Court.
UponconfirmationbytheOfficeof thePresident(througha decision oftheappealoraMotion
for Reconsideration in the same Office) of the decision of the DAR to revoke the
Exemption/Exclusion orConversion Order,notwithstmdingaPetition forCertiorariorappeal
tothecourts, thePARPO mayproceedtoservethe Notice ofLandValuation andAcquisition
and proceed with the rest ofthe land acquisition and distribution process thereafter, unless
otherwise ordered suspended by the Secretary, the Office ofthe President, or the Supreme
Court.
SECTION 3. Particular Notice of Coverage. - Upon receipt by the PARPO of the directive
to proceed with the preliminary processing; he shall immediately initiate the process ofthe
issuance ofa Notice ofCoverage particularto this Order. This particular Notice ofCoveiage
shall befssued in thesamemanner,andtothesamepersons,as thatofaNoticeof Coverage.
TheparticularNotice ofCoverageshallinfonnthe hndownerthattheDARshall proceedwith
the preliminary processing ofthe acquisition and distribution ofthe subject land until the
issuance oftheMemorandumofValuationwith theattachedLandValuationWorksheetbythe
LBP,andthatitshall proceedthereaftershouldtheOfficeofthePresidentaffinns thedecision
oftheOfficeoftheSecretaryin itsdecisiontorevoketheExemption/ExclusionorConversion
Order.
The particularNotice ofCoverage must also state the periods for the LO to file a protest on
coverage, nomination ofpreferredbeneficiary/les, manifestation for exemption/exclusion, and
EilipticalRoad, Oiliman, QuezonCityTel. (632) 928-7031to39
manifestation to exercise the right ofretention, as well as to submit a duly attested listofthe
agricultural lessees, farm workers, and/ortenants in his/ber/its landholding, togetherwith the
consequencesof thefailure toexercisetherightsduringthesaidperiods. ThesameNoticemust
state in boldletters that the actofthe landowner to nominate preferredbeneficiaries, exercise
the right of retention, and submit lists of tenants and farm workers shall not prejudice
his/her/itslegalpositioninthependingappealedcaseintheOP.
SECTION 4. Period to Protest Coverage, Nominate Preferred Beneficiary/ies, File a
Manifestation for Exemption/Exclusion, File a Manifestation to Exercise Retention
Rights,Application/PetitionforExemption/Exclusion,andtoChooseaRetentionArea.
- It is incumbent upon the landowner, despite the pending appealed case, to conduct the
following within a non-extendible period ofthirty (30) days ftom his receipt ofthe particular
o t i ~ ofCoverageprovidedforinSection3hereof:
1. File a Protest against coverage, which must.be filed before the PARPO and
shouldcontainthesubstantialbasesthereof;
2. Nominatechild/renwbomayqualifyaspreferredbeneficiary/ies;
3. File a Manifestation for Exemption or Exclusion from CARP coverage before
thePARPO;and
4. FileaManifestationtoExercisetheRightof RetentionbeforethePARO.
Thefailure todoany oftheforegoingwithin theabovementionedreglementaryperiodsshallbe
construed as a waiver on the part ofthe LO ofthe right to protest coverage, to nominate
child/renas preferredbeneficiarylies, to file a petition forexemptionorexclusion from CARP
coverage, and/or to exercise the right of retention, as the case may be. All protests,
nominations,andmanifestations/petitionsmadeafterthisperiodshallnolongerbeaccepted.
The Application/Petition for Exemption or Exclusion from CARP coverage'2 may be filed
togetherwith the above-mentioned Manifestation. If itis notfiled jointly, theLO can file it,
togetherwith the documents requiredbytherules onexemptionorexclusion, withinsixty (60)
days fromreceiptoftheparticularNoticeofCoverage providedforinSection3 hereof. Non-
submission thereof within this reglementary period shall be construed as a waiver or
abandonmentofhis/her/itsrighttofile saidPetitionfor ExemptionorExclusion from CARP
coveragewithrespecttothelandholdingcovered.
TheLOmay choose a retentionarea at the same time thathe/she/itmanifested toexercise the
rigbtofretention. Ifthisis notdoneatthesametime, theLOcan choosetheareawithina non-
extendibleperiodoffifteen (15) daysaftermanifestinghis/ber/itsdesiretoexercisethesaidright.
Itisunderstoodthattheprotesttocoverage,ortheactofnominatingapreferredbeneficiary/ies
ortofile a manifestationtoexerciseretention,shallbecontingentuponthefinaldecisiononthe
issue regarding the revocation of the exemption/exclusion or conversion order, and shall
therefore not be prejudicial to the case of the landowner or developer against the said
revocation. As such, the act ofthelandownertonominatepreferredbeneficiaries, exercise the
rightofretention, and submitlists oftenants and farm workers shall notprejudice his/her/its
legalpositioninthependingappealedcaseintheOP.
1 Incaseofa pendingpetitionforrevocationofa conversiono.rder.notethatthesubmissionoftheApplicationfor
Land Use Conversion ofthe landholding (which was subsequently approved) was animplied acknowledgment
thatthe portions ofthe landholding thatwerenotdeveloped during therequired periodis agricultural-in-nature
and therefore any Petition for Exclusion based on the ground that it is notagricultural (such as DO] 44 or

developed18%slope,amongothers)maybedenied.
1 Notethat.in caseof apendingpetitionforrevocationofanexemption/exclusionorder,theDARW:i.ll notaccepta
PetitionforExemption/EXclusionif thegt'oundthereofif thesameasthatbeingsoughttoberevoked.
2
SECTION 5. Procedures in the Preliminary Processing. - AO. No.7, Series of 2011, as
amended, shall govern the procedures in the actual preliminary processing of the acquisition and
distribution of the subject landholding.
SECTION 6. Issuance of Notices with Respect to Revocation of Exemption/Exclusion
or Conversion Order Cases Pending in the DAR. - Notwithstanding Section 1 hereof, the
following procedure shall apply with respect to revocation of conversion order cases pending in
the DAR upon the effectivity of this A.O.:
The Undersecretary for Legal Mfairs is directed to issue immediately, via registered mail,
Notices to all parties in all pending revocation of exemption/exclusion or conversion
order cases that pursuant to Section 30 of Republic Act (R.A) No. 9700, which states
that"Anv case and/or proceeding involving the implementation of the provisions of
Republic Act No. 6657, as amended, which may J"emam pending on Tune 30.2014shall
be aDowed to proceed to its JinaJityand be executed even beyond such date.''', the
DAR may proceed with the land acquisition and distribution process whenever the case
is resolved with finality in favor of the revocation of the conversion order.
The abovementioned Notice of the Undersecretary for Legal Affairs shall also state that
pursuant as well to the same provision of R.A No. 9700, the provisions of this AO.
shall be implemented to decisions of the Secretary appealed to the Office of the
President even if such transpired beyond 30 June 2014.
SECfION 7. Repealing Clause. All AO.s inconsistent herewith are hereby repealed,
modified, and/or amended accordingly.
SECTION 8. Separability Clause. Any judicial pronouncement declaring as unconstitutional
or invalid any provision of this AO. shall have no effect on the validity of the other provisions
not affected thereby.
SECTION 9. Effectivity Clause. These Rules shall take effect ten (10) days after its
publication in two (2) newspapers of general circulation.
Diliman, Quezon City, __N_1._Y_l_5_2_01_4__

Se

Depertment 01 Agrerian Reform
III II 1111 111111II,1111111i111iiillih "111111'
Published in two (2) National Newspapers
bl15I1'{ iSU_14?
of General Circulation:
1. 9usiness Mirror
2. Malaya Business
Date of Publication - May 22, 2014
J Emphasis supplied
3
ItAI Republic of the Philippines
DEPARTMENT of AGRARIAN REFORM
CERTIFICATION
This is to certify that Administrative Order No. 05, Series of 2014 entitled
"RULES AND PROCEDURES FOR PRELIMINARY PROCESSING OF LAND
ACQUlSmON AND DISTRIBUTION OF PRIVATE AGRICULTURAL LANDS
UPON REVOCATION BY THE DEPARTMENT OF AGRARIAN REFORM OF
EXEMPTIONIEXCLUSION/CONVERSION ORDER" was published today,
Thursday, 22 May 2014 at Business Mirror and Malaya Business Insight newspapers.
Issued this 22th day ofMay 2014 for whatever purpose it may serve.
ERL
Ole
Elliptical Road, Diliman, Quezon City Tel. (632) 928-7031 to 39