Beruflich Dokumente
Kultur Dokumente
I.
INTRODUCTION
This template may serve as a guide in cases where the main issue is the inclusion, exclusion
and disqualification of agrarian reform beneficiaries (ARBs).
Unless otherwise stated, the provisions of this template are based on DAR Administrative
Order No. 2, Series of 2009, effective on 31 October 2009.
II.
INCLUSION
OF
FARMER-BENEFICIARIES
FROM
THE
[ ]
No. 31), if petitioner was disqualified from being included in the Preliminary List or
Updated Preliminary List of Agrarian Reform Beneficiaries;
[ ]
effect;
[ ]
Landless (owns less than three [3] hectares of agricultural land, as per Section
2.
Land titles
Tax declarations
3.
Birth Certificate
located (IV.E.1.1.3);
[ ]
Barangay
certificate
indicating
potential
ARBs
as
4.
At least fifteen (15) years of age at the time of identification, screening and
registration record
5.
Birth certificate
Willing, able and equipped with the aptitude to cultivate and make the land
productive (IV.E.1.1.5)
[ ]
[ ]
[ ]
BARC Certification
Proofs of specific qualifications for farmworkers in commercial farms (in addition to the
above)
Must have been employed as of 15 June 1988 in the landholding covered by the
farmworkers;
1.
2.
Birth certificate
Baptismal certificate
3.
At least fifteen (15) years of age at the time of identification, screening and
4.
Actual tiller or directly managing the farm as of the time of conduct of field
[ ]
Additional Requirement:
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Failure to meet the qualifications as provided for under Section 22 of R.A. No.
6657, as amended. (Item IV.E.3.1. Please see general qualifications of farmerbeneficiaries listed in Part III-A);
[ ]
2.
compensation and such waiver has not been questioned in the proper government entity as
of the date of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October
2009); 1 (Item IV.E.3.2)
3.
[ ]
[ ]
Dismissal from the service for cause upon a judgment that is final and executory
(and there is no case filed questioning said dismissal) as of the approval of this Order and
if there is any such case, the same has been affirmed with finality by the proper entity of
government (Item IV.E.3.5);
[ ]
Notice of dismissal,
[ ]
Retrenchment from the farm and receipt of separation pay, and the retrenchment
not having been appealed or questioned in the proper government entity as of the date of
approval (not effectivity) of DAR AO No. 7, Series of 2003 (18 December 2003); 2 (DAR
AO 7, Series of 2003, Section 5.11);
[ ]
Notice of retrenchment,
[ ]
[ ]
profession from which the applicant farmer derives income equivalent to the income of a
regular farmworker at the time of the ARB identification, screening and selection) (Item
IV.E.3.6);
[ ]
Certificate of employment,
[ ]
Latest payslip,
[ ]
and
[ ]
7.
resignation, provided this was not attended by coercion and/or deception, and there is no
case questioning said retirement or voluntary resignation by the applicant as of the date of
approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October 2009); 3 (Item
IV.E.3.7)
[ ]
Resignation/retirement letter,
[ ]
[ ]
8.
Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws (Item
IV.E.3.10);
[ ]
[ ]
[ ]
misrepresentation, and
[ ]
9.
Final judgment for forcible entry into the property or for unlawful detainer (Item
IV.E.3.13);
[ ]
Copy of the entry of judgment issued by the clerk of the proper Municipal
Trial Court.
10.
related issuances, as determined with finality after proper proceedings by the appropriate
tribunal or agency (Item IV.E.3.14).
C.
[ ]
[ ]
failure to exercise the right of redemption/repurchase within two (2) years resulting in the
foreclosure of mortgage by the LBP of a previously awarded land (Item IV.E.3.3);
[ ]
amortizations, and
[ ]
2.
resulting in the repossession by the landowner of the awarded land (in the case of
voluntary land transfer/direct payment scheme) (Item IV.E.3.4);
[ ]
3.
[ ]
diversion, and
[ ]
[ ]
the government,
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non-productivity, and
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Recent photographs of the land (taken within the week prior to filing of
the petition)
5.
[ ]
[ ]
misrepresentation, and
[ ]
6.
BARC Certification
Sale or disposition of the awarded land within the ten-year prohibitory period
under Section 27 of RA 6657, or when the awarded land has not been fully paid by the
ARB, or abandonment of the lands awarded by the government under the CARP or PD
No. 27 for a period of two (2) years (applying RA 3844 by analogy) (Item IV.E.3.11);
For sale or disposition:
[ ]
[ ]
[ ]
[ ]
[ ]
LBP Certification showing that the ARB has not yet fully paid for the
awarded land,
[ ]
For abandonment:
[ ]
[ ]
BARC Certification showing facts of abandonment of the land for two (2)
years,
[ ]
Recent photographs of the land (taken within the week prior to filing of
7.
[ ]
Recent photographs of the land (taken within the week prior to filing of
the petition).
8.
related issuances, as determined with finality after proper proceedings by the appropriate
tribunal or agency (Item IV.E.3.14).
[ ]
[ ]
Note: Under DAR Opinion No. 18, Series of 2006, the refusal of the identified farmerbeneficiaries to sign the Land Valuation and Farmer's Undertaking and their noncooperation in the documentation process is tantamount to waiver of rights that would
warrant their disqualifications to become CARP beneficiaries. Proof of such refusal and
non-cooperation may include (1) affidavits of two (2) disinterested persons, and (2) MARO
report containing facts constituting refusal and non-cooperation of the identified farmerbeneficiaries.
III.
JURISDICTION
1.
determine and adjudicate agrarian reform matters and shall have exclusive original
jurisdiction over all matters involving the implementation of agrarian reform, except
those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and
the Department of Environment and Natural Resources (DENR).
2.
Under Rule 1, Section 2 of DAR AO No. 3, Series of 2003, in relation to Rule II,
Section 7 of DAR AO 3, Series of 2003, the Regional Director shall exercise primary
jurisdiction over cases involving classification, identification, inclusion, exclusion,
qualification and disqualification of potential/actual farmer beneficiaries.
3.
Under Rule II, Section 10 of AO 3, Series of 2003, the Secretary shall exercise
appellate jurisdiction over all ALI cases, and may delegate the resolution of the appeals to
any Undersecretary.
IV.
STANDING
As set forth in Item D.4.a of the operating procedures of DAR AO No. 2, Series of 2009, the
following interested parties may file protests for inclusion, exclusion or disqualification of
farmer-beneficiaries:
1.
2.
Concerned parties
Note: Concerned parties include: (1) farmer's organizations whose members are potential
ARBs to the subject land, and (2) the Provincial Agrarian Reform Officer in his official
capacity, who is also empowered to file actions for cancellation of EPs and CLOAs under
DAR AO No. 3, Series of 2009.
Landowners cannot file petitions for inclusion, exclusion and disqualification, as implied in
Hermoso, et al. v. C.L. Realty (G.R. No. 140319, 5 May 2006).
V.
TIMELINESS
A.
B.
DECISION
A.
The petition should be denied if the respondent possesses all qualifications and
none of the disqualifications set forth in Part III-B of this template (as referred to
by Part III-C).
If the respondent fails to satisfy any one (1) of the qualifications but possesses
none of the disqualifications, the petition should be granted.
If the respondent satisfies all qualifications but possesses at least one (1)
disqualification, the petition should likewise be granted.
Check first if the petition is a collateral attack on the EP or CLOA, in which case the
petition should be denied without prejudice to the filing of a petition for cancellation of
the EP or CLOA.
If the petition is not a collateral attack, observe the following guidelines:
The petition should be denied if the respondent possesses all qualifications and
none of the disqualifications set forth in Part III-C.
If the respondent fails to satisfy any one (1) of the qualifications but possesses
none of the disqualifications, the petition should be granted.
If the respondent satisfies all qualifications but possesses at least one (1)
disqualification, the petition should likewise be granted.
VII.
APPEALS
A.
filed within fifteen (15) days from receipt of such order (AO 3, Series of
2003, Section 32).
Where to Appeal
Appeals from the decision of the Regional Director shall be made by filing in the
same regional office which issued the adverse decision a notice of appeal with
proof of payment of the requisite appeal fee (AO 3, Series of 2003, Section 28).
B.
VIII.
A.
GUIDING PRINCIPLES
1.
(a)
Constitution.
SECTION 1.
Constitution.
SECTION 4.
program founded on the right of farmers and regular farmworkers who are
landless, to own directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits thereof. . . .
SECTION 5.
(a)
Section 2
SECTION 2.
agrarian reform program is founded on the right of farmers and regular farm
workers, to receive a share of the fruits thereof. . . .
The State may resettle landless farmers and farm workers in its own
agricultural estates, which shall be distributed to them on the manner
provided by law.
B.
LEGAL PROVISIONS
1.
RA 6657
SECTION 22.
(b)
(c)
(d)
(e)
(f)
(g)
Provided, however, that the children of landowners who are qualified under
Section 6 of this Act shall be given preference in the distribution of the land
of their parents; and: Provided, further, that actual tenant-tillers in the
landholding shall not be ejected or removed therefrom.
Beneficiaries under Presidential Decree No. 27 who have culpably sold,
disposed of, or abandoned their land are disqualified to become
beneficiaries under their program.
A basic qualification of a beneficiary shall be his willingness, aptitude and
ability to cultivate and make land as productive as possible. The DAR shall
adopt a system of monitoring the record or performance of each beneficiary,
so that any beneficiary guilty of negligence or misuse of the land or any
support extended to him shall forfeit his right to continue as such
beneficiary. The DAR shall submit periodic reports on the performance of
the beneficiaries to the PARC.
SECTION 23.
Section 8
SECTION 8.
of three (3) hectares each. Only when these beneficiaries have all
received three (3) hectares each, shall the remaining portion of the
landholding, if any, be distributed to other beneficiaries under
Section 22, subparagraphs (c), (d), (e), (f), and (g)."
3.
P.D. No. 27
Under PD 27, only tenants on rice and corn can be qualified as
beneficiaries. Therefore, take note the proof of facts under the general
qualifications of ARBs.
C.
1.
DAR Opinions
(1)
citizenship
(4)
DAR Opinion No. 21, Series of 2001, 1 October 2001 (if the
collateral)
D.
1)
JURISPRUDENCE
Department of Agrarian Reform vs. Polo Coconut Plantation Co., Inc., et
abuse of discretion simply because its chosen beneficiaries were not tenants
of PCPCI."
2)
Ferdinand Dela Cruz, et al. vs. Amelia Quiazon, G.R. No. 171961,
Romanita Concha, et al. vs. Paulino Rubio, G.R. No. 162446, March 29,
2010
"The finding of the MARO declaring petitioners as beneficiaries of the land
in dispute must, therefore, be accorded respect. It should also be equally
binding on the DARAB for the simple reason that the latter has no appellate
jurisdiction over the former. The DARAB cannot review, much less reverse,
the administrative findings of DAR. Instead, the DARAB would do well to
defer to DAR's expertise when it comes to the identification and selection of
beneficiaries, as it did in Lercana where this Court noted with approval that,
in the dispositive portion of its decision, left to the concerned DAR Offices
the determination of who were or should be agrarian reform beneficiaries."