AGRA REPORT.pptx

8/14/2019 AGRA REPORT.pptx

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DAR Adm. Order No.6 Series

2011

Revised Rules and Procedures

Governing the Cancellation of

Registered EPs, CLOAs, andother Titles Issued under any

Agrarian Reform Program


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Section 24 of R.A. No. 6657, as

amended, states: "All cases involving

the cancellation of registeredemancipation patents, certificates of

land ownership award, and other titles

issued under any agrarian reformprogram are within the exclusive and

original jurisdiction of the Secretary of

the DAR".
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QUESTION: HOW LONG SHALL A FARMER-

BENEFICIARY WAIT BEFORE THEY AREINSTALLED ON THE AWRADED LAND?

- SEC.9 (amending sec.24 of RA6657) of RA

9700 states that the award of the land must be

completed within 180 days from the date of

registration of its title in the name of the

Republic of the Philippines.


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QUESTION: WHAT IS THE NATURE OFTHE DUTY OF REGISTER OF DEEDS IN

THE IMPLEMENTATION OF CARP?

-SEC.9, RA9700 states that the

Register of Deeds has a ministerial duty to

register the land in the name of the

Republic of the Philippines after theoriginal title of the landowner has been

cancelled


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, and also, register the CLOA in the nameof the farmer-beneficiaries. Upon

certification of deposit of full payment by

LBP to the landowner. The ROD can nolonger refuse to perform his duty as

enumerated above.


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Under the Ramos administration, from 1994 to

1997, EPs and CLOAs covering 36,415

hectares were cancelled. Under the Estradaadministration, however, EPs and CLOAs for

40,678 hectares were cancelled on the first year

alone. (YEAR 200)

Remedios Rocha, a farmer at Hacienda Maria in Agusan

del Sur, called on DAR Secretary Horacio Morales to

look into these cancellations of land titles, saying, Our

land is our life. Her EP, covering five hectares, hasalready been cancelled.


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ADMINISTRATIVE ORDER NO.03-09, THE FIRST

DAR ISSUANCE REGARDING CANCELLATION OF

TITLES UNDER CARP LAW. PURSUANT TO SEC.9

OF RA 9700


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Coverage. These rules ofprocedure ("Rules") shall apply to all

cases involving the involuntary

cancellation of registered EPs,CLOAs, and other titles issued by

the DAR under any agrarian reform

program.


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AO NO.03-09 AO NO.06-11

SEC.2. SECTION 2. STATEMENT

OF POLICIES :(a) The State recognizes the

indefeasibility of CLOAs, EPs and other

titles issued under any agrarian reform

program.

(b) The State recognizes that

CLOAs, EPs and other titles

erroneously issued do not attain

indefeasibility.

(c) Cancellation of registered

CLOAs, EPs and other titles issued

under any agrarian reform programshall be strictly regulated and may be

allowed only in the manner and

conditions prescribed hereunder.

SEC.2. STATEMENT OF POLICIES:

(a) The State recognizes theindefeasibility of EPs, CLOAs, and

other titles issued under any agrarian

reform program; and

(b) Cancellation of registered EPs,

CLOAs, and other titles issued under

any agrarian reform program shall be

strictly regulated and may be allowed

only in the manner and conditions

prescribed hereunder.


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Cancellation refers to the process of

annulling, invalidating, and revoking the

EPs, CLOAs, or other titles issued underany agrarian reform program. It does notinclude the correction of entries in the said EPs,

CLOAs, or other titles as the same falls under

the jurisdiction of the DARAB, whereincorrection therein is defined as the process of

correcting or changing clerical or typographical

errors (i.e., wrong spelling, age, etc.) in the EPs,

CLOAs, or titles issued under any agrarian

reform program without affecting substantial

rights of other interested persons.


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Petition for Cancellation is a verified

pleading alleging the grounds relied upon by

the petitioner in seeking the cancellation of thesubject EPs, CLOAs, or other titles issued

under any agrarian reform program, which

shall be duly supported by original or certified

true or photocopies of relevant documentstogether with affidavits of witnesses, and

accordingly pre-marked as Exhibits "A", "B",

"C", and so forth.

The petition must include as party-respondents the concerned holders or

successors-in-interest of EPs, CLOAs, or

other titles issued under any agrarian reform

program.


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AO NO.03-09 (sec.4-CAUSE OF

ACTION)

AO NO.06-11 (sec.4-GROUNDS)

(a) The land subject matter of the CLOA,

EP or other title under agrarian reform

program is found to be: 1. The retention area

of the landowner;

1. The landholding involves the

retention area of the landowner provided

that the retention right was exercised by

the latter within the period allowed by the

applicable laws or rules from the receipt

of the Notice of Coverage;

2. Excluded from the coverage of

CARP, PD No. 27or other agrarian reform

program;

2. The landholding is excluded or

exempted from coverage of CARP, P.D.

No. 27, or any other agrarian reformlaws provided that the application for

exclusion thereof was filed within the

period allowed by the applicable laws or

rules from receipt of the Notice of

Coverage;

3. Exempted from the coverage of

CARP, PD No. 27or other agrarian reform

program;

3. Defective Notices of Coverage

(NOCs) due to, among others, improper

service thereof, or erroneous

identification of the landowner or

landholding, provided, that the outcome

of the cancellation proceeding shall notprejudice the CARP coverage of the
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4. Outside of the authority of the DAR to

dispose and award, as the same falls within

the authority of the DENR to distribute;

4. The landholding is outside the authority

of the DAR to dispose of, as the same falls

under the exclusive authority of the

Department of Environment and Natural

Resources (DENR) or the National

Commission on Indigenous People(NCIP);

5. Consist in the erroneous issuance of the

said title resulting from the defect or lacking

in documentation

5. Erroneously-issued titles as a result of:

(a) erroneous technical description of

the covered landholding; or

(b) the cancellation of the landowner's

title prior to the issuance of the Certificate

of Deposit (COD), in the case of

CLOAs;

(b) The CLOA or EP holder is found to

have:

1. Misused or diverted the financial

and support services;

6. Misuse or diversion of financial

and support services extended to

ARBs pursuant to Section 37 of R.A.

No. 6657, as amended;
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2. Misused the land; 7. Misuse of the land;

3. Materially misrepresented

his basic qualifications as agrarian

reform beneficiary;

8. Material misrepresentation of the

ARB's basic qualifications as provided

under Section 22 of R.A. No. 6657, asamended, P.D. No. 27, and other agrarian

laws;

4. Illegally converted into otheruses the awarded the land; 9. Premature conversion by the ARBpursuant to Section 73 (F) of R.A. No.

6657, as amendedand Section 11 of R.A.

No. 8435;

5. Sold, transferred, conveyed

the awarded land to other person;

10. Sale, transfer, lease, or any other

form of conveyance by a beneficiary of theright of ownership, right to use, or any

other usufructuary right over the land

acquired by virtue of being a beneficiary,

in order to violate or circumvent the

provisions of Sections 27 and 73 of R.A.

No. 6657, as amended, P.D. No. 27, and

6 D f l d i h f 11 D lib d b l f
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6. Defaulted in the payment of

obligation for three (3) consecutive

years in the case of Voluntary Land

Transfer/Direct Payment Scheme;

11. Deliberate and absolute non-payment of

three (3) consecutive amortizations in case of

voluntary land transfer/direct payment scheme,

provided that the ARB has been installed and is

in actual possession of the land, and provided

further that the last proviso will not apply if thenon-possession of the ARB is attributable to his

or her own fault;

7. Failed to pay the amortization for

at least three (3) annual amortizations;

12. Deliberate and absolute failure of the ARB

to pay at least three (3) annual amortizations to

the Land Bank of the Philippines (LBP),provided an amortization table has been issued

to the ARB, and provided further that the

amortizations shall start one (1) year from the

ARB's actual occupancy pursuant to Section 26

of R.A. No. 6657, as amended;

8. Neglected or abandoned the

awarded land; and

13. Neglect or abandonment of the awarded

land as defined by Section 3(n); or

9. Circumvented the laws related

to the implementation of the agrarian

reform program.

14. Acts analogous to the foregoing
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Sec.5 Indefeasibility, A Bar to Cancellation

Proceedings.

EPs, CLOAs, and other titles issued under

any agrarian reform program shall be

indefeasible and imprescriptible after one

(1) year from its registration with the Office

of the Register of Deeds (ROD).Accordingly,

the DAR Secretary shall not entertain any

action for the cancellation of EPs, CLOAs, andtitles after the lapse of the said one (1) year

period, except for cases involving Sections 4.4

to 4.14 of these Rules. The said one (1) year

period, however, shall be interrupted upon the


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1. ALI case, with a prayer for the cancellation of

the title, involving only the grounds mentioned

in Section 4.1 to 4.3, with the Regional Director

or the DAR Secretary; or

2. Other case with any court, office, or tribunal

other than the Regional Director or the DAR

Secretary, where the latter two has no

jurisdiction, involving the grounds mentioned inSection 4.1 to 4.3 only.


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Initiation of a Cancellation Case. A

cancellation case shall be initiated by the filing ofa verified Petition for Cancellation and the

payment of the filing fee, if necessary.

The verified Petition shall be filed with the Officeof the PARAD who has jurisdiction over the place

where the land covered by the EPs, CLOAs, or

other titles sought to be cancelled is located.

At least five (5) copies of the petition must be prepared and filed with

the PARAD. If there is more than one (1) respondent, more copies

should be prepared and filed by the petitioner in order to provide all

of them with a copy.


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Sec.8. Disclosure Statement. The petitioner

shall disclose and certify under oath, in the

petition or its integral annex, that:

(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 other action or proceeding involving the

same land, or a portion thereof, or issuein 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;


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(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 orproceeding has been filed or is pending before

any court, tribunal, or quasi-judicial agency, he

undertakes to report that fact within five (5) days

therefrom to the DAR Office where the case forcancellation is pending.


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SECTION 5. Who May File the Petition for

Cancellation. The verified petition for

cancellation shall be filed by any of the

following persons:

SECTION 9. Who May File a Petition for Cancellation.

-The verified petition for cancellation may be filed b

any party in interest with respect to the title of the land

such as, but not limited to, the following:

(a) Owners of private agricultural lands who

were granted retention;

(a) The person granted or applying for retention;

(b) Owners of private agricultural lands

whose lands had been declared as

exempted or excluded from the coverage

of RA No. 6657, as amended, and PD No.

27;

(b) The person whose land was declared exempte

or excluded from the coverage of R.A. No. 6657, a

amended, or of P.D. No. 27, or who is applying for suc

exemption or exclusion thereunder;

(c) Qualified farmer-beneficiaries who

have been determined as legally entitled in

the generated and issued CLOA;

(c) Qualified farmer-beneficiaries who have bee

determined as legally entitled to the generated an

issued CLOA, or persons applying for inclusion as

farmer-beneficiary;

(d) Re-allocatees and transferees of the

awarded land; or

(d)Re-allocatees of the awarded land pursuant to P.D

No. 27, or persons applying for re-allocation under th

same law;

(e) Provincial Agrarian Reform Officer

(PARO) in his official capacity for the

purpose of correcting erroneously issued

CLOAs or EPs which are registered but not

yet distributed.

(e) Actual tillers or occupants of the subject land; o

(f) Provincial Agrarian Reform Officers (PAROs) o

AO NO 03 09 AO NO 06 11
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AO NO 03-09 AO NO. 06-11

SECTION 8. Filing

Fees. A filing fee of

P1,000.00 shall be paid by thepetitioner to the DAR cashier,

except if the petitioner is the

government or its official or

employee in the exercise of

their official function.

SECTION 10. Filing

Fee. A filing fee of Three

Thousand Pesos (Php3,000.00)shall be paid by the petitioner to

the DAR Provincial Office

Cashier, except if the petitioner

is the government or any of its

officials or employees in the

exercise of its or their official

function or in case the

peti t ioner is a pauper l i t igant,

in wh ich case the payment ofthe fi l ing fee shal l be waived.


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Issuance of Notice.

The PARAD shall retain two (2) copiesof the petition, and the rest to be served

upon the respondents, ROD, and PARO

concerned. The EP or CLOA holder must

be deemed as a respondent.

The PARAD shall, within five (5) days from

receipt of proof of the verified petitions and

full payment of the filing fee, issue a Noticeto Comment, attaching thereto a copy of

the petition and supporting documents, if

any, pre-marked as exhibits "A", "B", "C",


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The aforesaid Notice shall direct the

respondent(s) and concerned ROD to

file a verified Comment to the petition,

attaching thereto duly marked

documentary evidence marked asexhibits "1", "2", "3" and so forth within

a non-extendible period of fifteen (15)

days from receipt thereof, furnishing acopy to the petitioner.


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ASSIGNMENT

OF CASE

CONTROL NO.

BY THE CLERK

OF THE

PARAD

ISSUANCE OF

NOTICE SERVICE OFNOTICE

TIME TO

COMMENT& INFO.

ABT. THE

PARTIES

CASE

FOLDER

BUILD-UP

TRANSMITTAL

OF CASE

FOLDER TO

RD,RCLUPPI,CL

UPPI OR THE

BALA


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INVESTIGATION

BY THERCLUPPI OR

CLUPPI

INVESTIGATION

REPORT AND

RECOMMENDATION

CONDUCT OF

CLARIFICATOR

Y HEARING

REVIEW,

FINDINGS, AND

RECOMMENDATIO

N BY ASEC-LAO

TRANSMITTAL

OF THE CASE

FOLDER WITH

FINDINGS AND

RECOMMENDA

TION TO THEDAR

SECREATRY

DECISIO

N


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SECTION 29. Prohibited Motions. The

following motions shall not be allowed:

(a) Motion to declare respondent in

default or for default judgment;

(b) All motions filed before theComment;

(c) Motion for extension of time to file anappeal, a motion for reconsideration, or a

memorandum; and

Dismissal of Petition The petition for cancellation may


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Dismissal of Petition.The petition for cancellation may

be denied by the DAR Secretary on the following grounds:

1. If, in an action for cancellation falling under Section 11

of Article III, the petitioner failed to submit any of thefollowing documents: (ALI CASE)

(a) Original, certified true, or photocopies of the final and

executory Order and Resolution of the DAR Regional

Director, DAR Secretary, or the courts;

(b) Certificate of Finality;

(c) Original owner's duplicate or certified true copy of the

EPs, CLOAs, or any other titles sought to be cancelled;

(d) Official Receipt issued for the payment of the

corresponding filing fee, unless the petitioner is exempt

under Section 10 of Article III of these Rules; and

(e) Any other relevant documents that may


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(e) Any other relevant documents that may

support the petition for cancellation;

2. Failure to pay filing fee;

3. Failure to comply with Section 8 of Article III of

these Rules;

4. Failure to submit the documentary requirements

mandated by other A.O.s governing the ALI

component of the case; or

5. When the petition for cancellation was filed after

the one (1) year period as provided under Article

III, Section 5 of these Rules, save those instances

covered b Article II, Sections 4.4 to 4.14 hereof.


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SECTION 33. Motion for

Reconsideration.

A party may file only one (1) Motion for

Reconsideration of the Order of the DAR

Secretary to cancel the EP, CLOA, or other title

issued under any agrarian reform program,within a period of fifteen (15) days from receipt

thereof, furnishing a copy of the motion to all

other parties' counsel or representative. The

filing of the Motion for Reconsideration shall

interrupt the running of the reglementary

period within which to file a notice of appeal.


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SECTION 34. Comment on Motion for

Reconsideration.

The adverse party may file a Comment on

the Motion for Reconsideration within a non-

extendible period of ten (10) days from receiptthereof. No Order from the DAR Secretary is

necessary for a party to file a Comment.


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SECTION 35. Resolution of the Motion for

Reconsideration.

The DAR Secretary shall resolve the

Motion for Reconsideration by issuing an

Order/Resolution in due course, furnishing a

copy thereof by registered mail and, if

available, electronic mail, to the parties'

counsel or representative as well as the

parties themselves and the DAR officials whotook part in the proceedings.


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In case a copy of the Order sent by

registered mail is unclaimed and is returned

to the DAR Secretary, the caption and the

dispositive portion thereof shall be published

in a newspaper of general circulation. The

date of the publication shall be deemed asthe time the Order is received by the party

who failed to receive it by registered mail.


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SECTION 36. Appeal of the Decision of theDAR Secretary.

The Order or Resolution of the DAR

Secretary may be appealed to the Office ofthe President, in accordance with the rules

and procedures that are set forth by the

latter.


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SECTION 37. Finality.

The Order or Resolution of the DARSecretary shall become final and executory

upon the expiration of the period to appeal

therefrom if no appeal has been duly perfected.

SECTION 38. Order of Finality.

The BALA shall issue an Order of Finality

upon any party's formal request andpresentation of proof that no appeal to the

Office of the President has been filed before the

period to appeal expired.


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QUESTION: What is the procedure if an agrarian-

related dispute is erroneously filed before a regular

court?

ANSWER: The Judge or the Prosecutor must

automatically refer to the DAR (thru the PARO) all casesthat involve farmers as parties where there is an

allegation in the complaint that the case is agrarian in

nature. The DAR shall then certify whether the case if

agrarian-related or not; if it is not agrarian-related, it may

proceed before the judicial court. The objective of these

measure is to protect farmers who are falsely

accused from unnecessary suffering and the expense

of court litigation

SECTION 39 Execution


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SECTION 39. Execution.

If the Order or Resolution of the DAR Secretary becomes

final and executory in accordance with Article IX hereof, the

BALA, on motion or motu proprio, shall issue a Writ of

Implementation.

If an appeal has been duly perfected and finally resolved, the

execution may forthwith be applied by filing a Motion for the

Issuance of a Writ of Implementation with the Undersecretaryfor Legal Affairs within five (5) years from the date of entry of the

final decision.

After the lapse of the five (5) year reglementary period, a party

may file an action for the execution of a final decision on the

Cancellation case with the Office of the Secretary at any time

prior to it being barred by the statute of limitations.

The Writ of Implementation shall direct the concerned Registry

of Deeds to cancel the EP, CLOA, or other title issued pursuant


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SECTION 42. Temporary Restraining Order.

At any time prior to the transmittal of the PARAD of a

Case Folder to the OSEC, in cases where any party may

immediately suffer grave or irreparable damage, or where the

performance or continuance of certain acts will render the

case moot and academic, or where there is a need to

maintain peace and order and prevent injury or loss of life orproperty, the PARAD may, at the instance of any party, issue

a Temporary Restraining Order (TRO), which shall be only be

effective for a non-extendible period of seventy-two (72)

hours, to prevent grave and irreparable damage. During such

period, the party may file for a Cease and Desist Order with

the OSEC or USEC-LAO.


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SECTION 43. Cease and Desist Order.

At any time prior to either the finality of the Order ofthe Secretary or the perfection of an appeal, in cases

where any party may suffer grave or irreparable damage,

or where the performance or continuance of certain acts

will render the case moot and academic, or where there

is a need to maintain peace and order and prevent injury

or loss of life or property, the Secretary or the

Undersecretary for Legal Affairs may, motu proprioor at

the instance of any party, issue a Cease and Desist

Order (CDO) to prevent grave and irreparable damagewhile awaiting resolution of the case.


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SECTION 44. Failure to Comply, Ground forContempt.

The failure of any person to comply with the TRO

or CDO is a ground for Indirect Contempt.


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SECTION 45. Powers of the Secretary.

The DAR Secretary and the Undersecretary for Legal Affairs

shall have the power

1. to summon witnesses,

2. administer oaths,

3. take testimonies,

4. require submission of reports,

5. compel the production of books and documents andanswers to interrogatories,

6. issue subpoena duces tecumand ad testificandum, and

7. issue other writs and processes necessary for the

resolution of the petition.8. The DAR Secretary shall likewise have contempt powers,

direct and indirect, in accordance with Section 50 of R.A.

No. 6657, as amended.
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(As of May 2004) DARs Management Information System

(MIS) revealed that titles for about 380,000 hectares of

farmlands have been cancelled. The incidence of title

cancellation was highest in Southern Tagalog, followed byCARAGA region which comprises the provinces of Surigao

del Norte and Sur and Agusan del Norte and Sur.

While DAR has yet to show disaggregated data on thecurrent numbers and the reasons for cancellation, the usual

reasons for the departments action to cancel included

erroneous coverage of land, erroneous entry of data and

transfer action (or change of documents from EP to CLOA).

Decisions of the DAR Adjudication Board on cases involving

retention, exemption, re-issuance of owners title, and

correction of farmer-beneficiaries were also cited.


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Yet another reason was the reclassification of land

under which lands distributed, for unknown reasons,

have suddenly been reclassified for residential,commercial and industrial uses by a local zoning

ordinance or land use plan.

In the past 16 years, around 800,000 hectares ofagricultural lands have been converted to other

uses, based on government records. Land

conversion, according to a source from DAR, is the

easiestway of circumventing the law.


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Based on DAR records, foreclosed properties due to

non-payment of amortization totaled around 100,000

hectares. This implies that the economic conditions offarmer-beneficiaries did not improve significantly to

enable them to sustain payment.

Recent surveys by the Center for Peasant Education

and Services (CPES) in Southern Tagalog and

Central Luzon regions showed that three out of five

holders of CLOA or EP have sold their rights ormortgaged then abandoned their properties without

payment.


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References

http://www.lis.dar.gov.ph/home/document_

view/6434

http://bulatlat.com/news/4-21/4-21-

agrarian.html

CARPER PRIMER 2010

FINIS (G i A i Tibi)
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FINIS (Gratias Agimus Tibi)

(report by: Kristal Mae

M. Campos)

AGRA REPORT.pptx

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Transcript of AGRA REPORT.pptx