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Republic of the Philippines

Department of Agrarian Reform


Kawanihan ng Repormang Pansakahan

Agrarian Legal Services


UPDATES

AGRARIAN LEGAL SERVICE (ALS) TEAM

ULAO

ALAO

BALA

LEGAL
SERVICE

DARAB

LLS

BASIC DUTIES OF ALS


1. ADJUDICATION
o Resolution of Cases
o Mediation of Conflicts using Alternative Dispute Resolution (ADR)
2. AGRARIAN LAW IMPLEMENTATION & AGRARIAN LEGAL

ASSISTANCE
o ARB representation in Judicial and Quasi-Judicial (Court) cases
o Resolution of Agrarian Law Implementation Cases
o Conduct of Conciliation/Mediation to assist ARBs and other Parties
to amicably settle Agrarian Disputes
3. RESOLUTION OF PERSONNEL DISCIPLINE CASES and REPRESENTATION
OF THE DEPARTMENT IN COURTS and QUASI-JUDICIAL BODIES

BASIC COMPONENTS OF ALS


ULAO
ALAO
BALA
LIRD
LUCD
ARBLAD
CCD

DARAB
RARAD
PARAD

LEGAL SERVICE
REGIONAL CHIEF LEGAL
PROVINCIAL CHIEF LEGAL

LLS

ALS Compliance with OP MC No.4 Series


of 2016

OFFICE/ NAME OF OFFICIAL


1. Office of the Undersecretary,
Legal Affairs Office
1.1. Luis Meinrado C.
Pagulayan
2. Office of the Assistant
Secretary, Legal Affairs Office
2.1. Elmer N. Distor
3. Bureau of Agrarian Legal
Assistance
3.1. Dir. Ma. Celestina M. Tam
3.2. ADir. Robert Anthony P.
Yu
4. Legal Service
4.1. Dir. Eugene P. Follante
5. Legislative Liaison Office
5.1. Dir. Nestor G. Floranda

COMPLIANCE
STATUS

NA

REASON

Newly Appointed

NA

Newly Appointed

NA
NA

CESO

NA

NA

CESO

CESO

CESE

OFFICE/ NAME OF OFFICIAL


6. DARAB
6.1. Board Members
6.1.1. ASec. Jim G. Coleto

6.1.2. ASec. Ma. Patricia


Rualo-Bello
6.1.3. ASec. Milagros Isabel
A. Cristobal
6.2. Secretariat
6.2.1. Dir. Roland C.
Manalaysay

COMPLIANCE
STATUS

REASON

Complied

Complied
NA

Complied

Submitted manifestation
pursuant to CSC MC No. 20
RE: Definition of Career
Officer

-doNewly Appointed

Submitted manifestation
pursuant to CSC MC No. 20
RE: Definition of Career
Officer

OFFICE/ NAME OF OFFICIAL

COMPLIANCE
STATUS

6.3. RARADs/PARADs
6.3.1. Region I

Complied

6.3.2. Region II
6.3.3. Region III
6.3.4. Region IV-A
6.3.5. Region IV-B
6.3.6. Region V
6.3.7. Region VI
6.3.8. Region VII
6.3.9. Region VIII
6.3.10. Region IX
6.3.11. Region X
6.3.12. Region XI
6.3.13. Region XII
6.3.14. Region XIII
6.3.15. CAR
6.3.16. NIR

-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-

REASON

Submitted manifestation pursuant


to CSC MC No. 20 RE: Definition of
Career Officer

-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-

Agrarian Legal Assistance Case Load

Updated as of September
2016

CCD

LUCD ARBLAD

Conflicts and Claims Division Land Use Conversion Division

TOTAL CASE LOAD


(January to September 2016)

451

385

Agrarian Reform Beneficiaries Legal


Assistance Division

62 (active);
68 (inactive)

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

Land Use Cases (LUC)


Updated as of September
2016

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Resolution of Agrarian Law Implementation (ALI)


Cases
Updated as of September
2016

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Quasi-Judicial Representation
Updated as of September
2016

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Judicial Representation
Updated as of September
2016

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Number of Hectares of Converted


Landholdings Nationwide (1988 June 2016)

Hectares of
Converted Land

DAR FIELD OFFICES

41,893.40
19,069.78
60,963.18

DAR CENTRAL OFFICE

TOTAL

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

Number of Hectares of Exempted/Excluded


Landholdings Nationwide (1988 June 2016)

Hectares of
Exempted / Excluded
Land

DAR FIELD OFFICES

47,629.42
3,508.79
51,138.20

DAR CENTRAL OFFICE

TOTAL

Source: Bureau of Agrarian Legal Assistance, Department of Agrarian Reform

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

DAR-DISTRIBUTED LANDS (1972 2015)


GOL/KKK
1,216,351 OLT
594,168
26%
LES
81,498
2%

13%

SETT
812,227
17%

LBP-COMPENSABLE-

GFI
171,391
4%

1,773,198 Ha (38%)
VOS
CA
OLT

VOS
650,601
14%

GFI

VLT
CA
835,571 357,038
18%
8%

Non-PAL
2,110,076 Ha (45%)

Voluntary Offer to Sell


Compulsory Acquisition
Operation Land Transfer of
Rice & Corn farms
(Lands foreclosed by)
Government Financial
Institutions

NON-LBP COMPENSABLE-

2,945,647 Ha (62%)
VLT Voluntary Transfer
GOL Govt owned lands
SE
Govt settlements
LEs
Landed Estates

Private Agri Land (PAL)


2,608,769 Ha (55%)

TOTAL: 4,691,175 hectares to 2,753,036 beneficiaries

16

Source: Bureau of Land Tenure Improvement, Department of Agrarian Reform

LEGAL SERVICE
Office of the Director

Number of Personnel Discipline Cases Received (as of


September 2016)
Beginning Balance as of January 2016 = 283

No. of Pending PD
Cases
Total No. of Cases/
Letters complaints
Received
Total No. of PD Cases
forwarded to ULAO
Total Case Load

243
83

123
247

LEGAL SERVICE
Office of the Director

PLEADINGS, MOTIONS, etc. filed (January to September 2016)

No. of
Pleadings,
Motions, etc
filed

DARAB
RTC
CA
SC
CSC
OP
IBP
OMB
NLRC
TOTAL

0
20
42
12
698
0
0
5
0
777

Adjudication of Cases

Resolution of Cases

DEPARTMENT OF AGRARIAN REFORM ADJUDICATION


BOARD (DARAB)
Accomplishment Report January September 2016

Beginning
Balance*

Total New Cases


Received

TOTAL Case Load**

Total Cases
Resolved

Pending Cases

6 924

24 102

23 960

15,690

8 270

DARAB
5 318
22,180
Field
*LCMS generated last July 4 2016
Offices

22,038

15,379

6 659

DARAB
Nationw
ide

**Beginning Balance + Newly received cases

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

CANCELLATION CASES
Office of the Assistant Secretary , Legal
Affairs Office (ASEC-LAO) Case Load as of
September 2016

Beginning Balance (Jan

101

2016)

Cases forwarded by
BALA
Total Case Load

5,882
5983

Office of the Undersecretary for Legal Affairs


Accomplishment for January-September 2016

Nature of the Case

ALI

(Remained)
ALI*
ALI (for CBU)

Beginning
Balance
(as of Jan
2016)

Pending
Cases

Processed
Orders

251

176

0
75

46
46

405
156
249
Interlocutory Orders (ALAO & BALA) reviewed &
signed 270

CANC*
PD*

LUCD cases reviewed 59


Drafted Administrative Orders and other issuances
Reviewed MOAs and Opinions

MEMBERSHIP IN CABINET ASSISTANCE


SYSTEM (CAS)
Headed by Secretary Leoncio B. Evasco, Jr., Cabinet Secretary
Composed of Undersecretaries representing each Department
Tasks:
Assists the Cabinet Secretary in providing back staff during Cabinet
Meetings by threshing out issues scheduled for discussion in a Cabinet
Meeting; and
Informally serves as venue for networking and establishing linkages among
departments
Leads DAR-DA-DENR Preparatory Committee for the Tri-Department
Summit

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

MONITORING AUDIT OF HLI


FUNDS

Hacienda Luisita Inc. (HLI) and its subsidiary,


Centennary Holdings, Inc., sold part of the landholdings
that were subject of the invalidated SDO [HLI, et al. v.
PARC,
et hectares
al. (G.R. No.
November
200
sold171101,
to Luisita
PhP 22, 2011)]:
Realty, Inc.
300 hectares sold to Luisita
Industrial Park Corp.
80.51 hectares sold to
Government for construction of
SCTEX
TOTAL

500,000,000.00
PhP
750,000,000.00
PhP
80,511,500.00

PhP
1,330,511,500.
Tungo sa Progresibo at Makataong
Agrarian Legal 00
Programang Agraryo

From the PhP 1,330,511,500.00, the SC ordered


that the following shall be deducted:
The 3% of the total gross sales from the production
of the agricultural land
The 3% of the proceeds of said transfers that were
paid to the FWBs,
The Taxes and expenses relating to the transfer of
titles to the transferees, and
The expenditures incurred by HLI and Centennary
Holdings, Inc. for legitimate corporate purposes

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

To determine what constitutes legitimate


corporate purposes, SC ordered DAR to engage
the services of a reputable accounting firm
approved by the parties to audit the books of HLI
and Centennary Holdings, Inc.
Any unspent or unused balance as
determined by the audit shall be
distributed to the 6,296 original FWBs.
For the said purpose, the Auditors have already
met with DAR Focal
persons
on July 26, August
Agrarian
Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

MONITORING AUDIT OF HLI


FUNDS
Submission of Quarterly Report to the Supreme Court in
compliance with the SC Instruction in Hacienda Luisita
Case [HLI, et al. v. PARC, et al. (G.R. No. 171101,
November 22, 2011)]

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

EXPEDITE RESOLUTION OF
CASE : GOLDEN COUNTRY
FARMS Inc.

The 513.4994-hectare property located in Mamburao,


Occidental Mindoro, was issued an Exclusion/Exemption
Order on the basis that it was used for livestock, poultry,
and swine raising.
In January 2013, DAR Region IV requested for the review
and subsequent revocation of the Exclusion/Exemption
Order on the ground that the landholding is no longer
devoted for the purpose for which it was
excluded/exempted.

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

EXPEDITE RESOLUTION OF CASE


of GOLDEN COUNTRY FARMS Inc.
On February 03, 2015, the PARPO of Mindoro conducted an
ocular inspection and found, among others, the following:
Agricultural activity in the area;
Land is suitable for agriculture; and
Absence of industrial activity.

PARPO of Occ. Mindoro reported the case as a flashpoint


case.
On September 26 to 28, 2016, DARCO, through BALA,
conducted an OSII to validate previous findings.

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

MANAGEMENT COMMITTEE ON STOCK DISTRIBUTION


OPTION

Heads Inter-Department Management Committee


on Stock Distribution Option (MCSDO).
MCSDO provides Complete Staff Work (CSW) to
PARC-EXECOM
1.NAJALIN Case
2.SVJ Farms Inc. Case
Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

FACT FINDING COMMITTEE

Marsman Estate Plantation, Inc. (MEPI)

Heads Inter-agency CSW efforts to submit


report and recommendations to PARCEXECOM regarding partial MR of SIFARBCO

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

FACT FINDING COMMITTEE

Marsman Estate Plantation, Inc. (MEPI)


The FFC was created pursuant to PARC ExCom Resolution No.
2011-114-01 to submit recommendations on the Lease
Agribusiness Venture Arrangement between MEPI and the
ARBs, represented by DAMARBDEVCO, SIFARBCO, and
STARBENCO;
The land is a 799.5644-hectare banana plantation located in
the Davao Province, and formerly owned by MEPI. In September
2000, in lieu of a compulsory coverage under CARP, MEPI
donated the landholding to ARBs in return for exclusive use
thereof for 30 years through lease.

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

FACT FINDING COMMITTEE

Marsman Estate Plantation, Inc. (MEPI)


After several revisions of the lease contract submitted
by MEPI, PARC Res. No. 2002-31-01 was issued
approving the same subject to the following conditions:
The land shall be donated and distributed individually to
ARBs;
The ARBs are free to decide on what to do with the land;
For ARBs who opt to enter into a lease contract, MEPI can
negotiate with individual ARBs;
The contract should provide for a security of employment;
Ownership of the land by ARBs should not be compromised

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

CONDUCT OF INVESTIGATION IN
THE SLAYING OF ARBS
Laur Incident
Quezon Incident
Mun. of Delfin Albano, IsabelaIncident
Yulo King Ranch
Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

MORATORIUM ON CONVERSION
Drafted Executive Order
To attend discussions with the Office of the Executive
Secretary on October 7 2016
Salient Points:
Two- year Moratorium in the acceptance of applications for
conversion
Not covered: applications filed before the effectivity of the
moratorium

Creation of a Task-Force to review the status of the


conversions during the two-year moratorium period

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

Land Bank of the Philippines


Alternate Member, Board of Directors
Member, Trust Banking Group
Member, Risk Oversight Committee
Member, Agri-Agra Committee

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

MEMBERSHIP IN THE FOLLOWING


COMMITTEES
National Placement Committee
Policy Review and Formulation Committee
National Selection and Promotion Board

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

SCHEDULES
Bi-monthly ALS Management Committee
Meetings
Bi-monthly CAS Meetings
Bi-monthly PARC-EXCOM FFC Meetings
Monthly LBP Board/Committee Meetings
Monthly DAR-EXCOM Meetings

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

SCHEDULES
Focus Group Discussion with the Department of
Justice on:
Referral of criminal cases; and
Illegal conversion.

LCMS Training and Cascading of enhancements in the:


System; and
Reflecting the latest developments in the A.O.s, M.C.s, etc.

ALS National Conference

Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

FORTHCOMING ACTIVITIES
National ALS Conference Tentatively
scheduled in February 2017
DOJ DAR Focus Group Discussion (FGD)
November 2016
National DOJ DAR Workshop March 2017
Quarterly Workshop Training of Legal
Writers
Agrarian Legal

Tungo sa Progresibo at Makataong


Programang Agraryo

Agrarian Legal
Services

Maraming
Salamat!