[ DAR ADMINISTRATIVE ORDER NO. 04, S. 2000, August 29, 2000 ]

REVISING ADMINISTRATIVE ORDER NO. 02, SERIES OF 1996 ENTITLED "REVISED RULES AND PROCEDURES GOVERNING THE ACQUISITION OF AGRICULTURAL LANDS SUBJECT OF VOLUNTARY OFFER TO SELL AND COMPULSORY ACQUISITION PURSUANT TO REPUBLIC ACT NO. 6657", AS AMENDED BY ADMINISTRATIVE ORDER NO. 01, SERIES OF 1998



I.          PREFATORY STATEMENT

To facilitate the issuance of RP titles, hence expedite the acquisition of agricultural lands subject of VOS and CA under the Comprehensive Agrarian Reform Program, and ensure proper selection and installation of qualified Agrarian Reform Beneficiaries, the operating procedures prescribed under Section IV.A.6 of DAR Adm. Order No. 02 (1996), as amended by DAR Adm. Order No. 01 (1998) are hereby revised as follows:

II.         OPERATING PROCEDURES

1.      The DAR Municipal Office shall proceed with the screening of ARBs and the land survey activities as provided for under the Joint DAR-LBP Memorandum Circular No. 04 (1995) and DAR Adm. Order No. 02 (1996). If the whole property is covered, only a boundary or perimeter sketch plan, certified by a licensed geodetic engineer is required. However, if the property is partially covered, a segregation survey plan approved by the DENR must be submitted.

2.      The landowner's claim folder shall be forwarded to LBP for processing and approval, without attaching the Application/s to Purchase and Farmers' Undertaking (APFU, CARP Form No. 4). In lieu thereof, a listing of all the proposed ARBs and their respective addresses shall be attached to the claim folder plus a certification that these ARBs have been apprised of their rights and responsibilities concerning the land awarded, to be signed by the Provincial Agrarian Reform Officer (see attached CARP Form No. 4.a). In doing so, the PARO shall see to it that there are enough ARBs to justify the total area covered by CARP. In other words, the individual area of farmlot to be awarded to each and every ARB shall not exceed 3 hectares if the total area covered by CARP is divided by the total number of ARBs.

3.      Strict compliance with pertinent rules and regulations in the final screening and selection of potential ARBs shall be observed. The APFU shall be prepared by the MARO before requesting LBP to pay or deposit the compensation proceeds in cash and in bonds in favor of the landowner. The procedures on land valuation and landowners compensation outlined under DAR Adm. Order No. 02 (1996) as amended, shall still apply.

4.      A copy of the duly executed APFU shall be posted for seven (7) working days in the bulletin board of the barangay and municipal hall where the property is located. A certification of posting compliance shall be issued by the concerned MARO to be attached to the APFU. The signed APFU shall be incorporated in the Land Distribution Folder to serve as reference in the generation of the CLOAs to qualified ARBs.

III.        TRANSITORY PROVISION

This Order shall apply to all land transfer claims not yet transmitted to the Land Bank as of the effectivity of this Order.

IV.       REPEALING CLAUSE

This Order amends the pertinent provisions of DAR Adm. Order No. 02 (1996), DAR Adm. Order No. 01 (1998), and all other issuances inconsistent hereof.

V.        EFFECTIVITY

This Order shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation pursuant to Section 49 of RA 6657.

Adopted: 29 Aug. 2000

(SGD.) HORACIO R. MORALES JR.
Secretary