Inclusion Exlusion Disqualification Template by uKSn7o

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									         INCLUSION/EXCLUSION/DISQUALIFICATION
                      OF ARBs
                                 I. INTRODUCTION

This template may serve as a guide in cases where the main issue is the inclusion, exclusion
and disqualification of agrarian reform bneneficiaries (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. CHECKLIST OF DOCUMENTARY REQUIREMENTS

IN ALL CASES

[ ] MARO Report/Ocular Inspection Report

A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, SERIES OF
2009)

General requirements

       [ ] Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);
       [ ] Request/Petition to be iIncluded as Potential ARB in the Preliminary List of ARBs
           (CARP-LAD Form No. 25;
       [ ] Notice of Disqualification as Agrarian Reform Beneficiary (CARP-LAD Form
           No. 31), if petitioner was disqualified from being included in the Preliminary List
           or Updated Preliminary List of Agrarian Reform Beneficiaries;
       [ ] If there is no Notice of Disqualification as ARB, MARO’s certification to that
           effect
       [ ] Leasehold contract and /or proof of tenancy papers (if available);

Proofs of general qualifications of ARBs (DAR AO 9, Series of 2009):

   1. Landless (owns less than three [3] hectares of agricultural land, as per Section 25 of
      RA 6657; AO 9, S. 2009, Item IV.E.1.1.1 );

       [ ] Any document of probative value such as:
            Certificate of aggregate landholdings of the ARB issued by the
              city/municipal/provincial assessor
            Land titles
            Tax declarations

   2. Filipino citizen (IV.E.1.1.2);

       [ ] Any document of probative value showing Filipino citizenship such as
            Voter’s identification card
                                                                                             2


              Certified copy of voter’s registration record
              Birth Certificate                                                                  Formatted: Bulleted + Level: 1 + Aligned at:
                                                                                                  0.78" + Tab after: 1.03" + Indent at: 1.03"

   3. Permanent resident of the barangay and/or municipality where the landholding is             Formatted: Indent: Left: 1.03"

      located (IV.E.1.1.3);

       [ ] Any document of probative value such as
            Barangay certificate indicating potential ARBs as permanent or bonafide
              residents of the barangay
            Valid postal identification card

   4. At least fifteen (15) years of age at the time of identification, screening and selection
      of farmer-beneficiaries (IV.E.1.1.4);

       [ ] Any document of probative value showing date of birth such as
            Voter’s identification card or certified copy of voter’s registration record
            Birth certificate
            Marriage License/Marriage Contract                                                   Formatted: Bulleted + Level: 1 + Aligned at:
                                                                                                  0.75" + Tab after: 1" + Indent at: 1"
            Affidavit of two (2) Disinterested Persons
                                                                                                  Formatted: Indent: Left: 1"
   5. Willing, able and equipped with the aptitude to cultivate and make the land productive
      (IV.E.1.1.5)

       [ ] Affidavits of two (2) disinterested persons to that effect.
       [ ] Sworn Statement to that effect by the potential ARB
       [ ] 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
       CARP (Item IV.E.1.2).

       [ ] Any document of probative value such as
            Social Security System (SSS) identification card for farmworkers;
            Employment certificate indicating length of service and/or periods of
              employment in the commercial farm or plantation, if applicable;
            Payslips or payroll, if applicable;
            Original or certified copy of notice of dismissal or retrenchment for
              farmworker beneficiaries, in cases of dismissal or retrenchment;
            Original or certified copy of decision, order or ruling by a court, quasi-judicial
              body or administrative agency in the event that there was a case related to the
              dismissal, retrenchment, etc., of the potential ARB;
            Original or certified copy of letter of resignation for farmworker beneficiaries,
              if applicable.

Proofs of qualifications of a landowner’s child as preferred beneficiary (DAR AO 2, Series of
2009)
                                                                                             3


   1. Child of landowner (Item IV.E.5);

       [ ] Any document of probative value such as
            Birth certificate
            Baptismal certificate

   2. Filipino citizen (Item IV.E.5.1);

       [ ] Any document of probative value showing Filipino citizenship such as
            Voter’s identification card
            Certified copy of voter’s registration record

   3. At least fifteen (15) years of age at the time of identification, screening and selection
      of farmer-beneficiaries (IV.E.5.2);

       [ ] Any document of probative value such as
            Voter’s identification card
            Certified copy of voter’s registration record

   4. Actual tiller or directly managing the farm as of the time of conduct of field
      investigation of the landholding under CARP (IV.E.5.3).

       [ ] Ocular inspection report showing such fact,
       [ ] Affidavits of two (2) disinterested persons to that effect, and

       Additional requirement:
       [ ] Certificate of aggregate landholding from the City/Municipal/Provincial Assessor
       (DAR AO No. 6, Series of 2006, Section 5.2.3.3)


B. EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, SERIES OF
2009)

General requirement

       [ ] Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);

Proof of grounds for exclusion (DAR AO 2, Series of 2009)
   1. 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 farmer-beneficiaries
       listed in Part III-A);

       [ ] Any document of probative value that will establish such failure.

   2. Execution of waiver of right to become an ARB in exchange for due compensation
      and such waiver has not been questioned in the proper government entity as of the
                                                                                                        4


        date of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October
        2009);1(Item IV.E.3.2)

        [ ] Original or photocopy of waiver of right, and
        [ ] Receipt/s of payment of due compensation (if available)

    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,
        [ ] Original or certified copy of decision, order or ruling by a court, quasi-judicial
            body or administrative agency, and
        [ ] Copy of entry of judgment issued by the clerk of court, quasi-judicial agency or
            administrative body

    4. 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,
        [ ] Receipts of separation pay, and
        [ ] Certification from the pertinent court or administrative agency that there is no case
        filed questioning the retrenchment

    5. Holding managerial or supervisory positions in the commercial farm as of June 15,
       1988 (AO No. 2, Series of 2009, Item IV.E.1.2);

        [ ] Certificate of employment showing relevant dates and positions

    6. Obtaining a substantially equivalent and regular employment (any employment or
       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,
        [ ] Leasehold contract/contract of employment as farmworker, if available, and
        [ ] Receipts of payment of salaries




1 DAR AO No. 2, Series of 2009 took effect on 31 October 2009, ten days after it was published in two
newspapers of general circulation.

2 DAR AO No. 7, Series of 2003 took effect on 8 January 2004, ten days after it was published in two
newspapers of general circulation.
                                                                                               5


    7. Retirement from the service, whether optional or mandatory, or voluntary 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,
         [ ] Certification from employer, and
         [ ] Certification from pertinent court or administrative agency that there is no case
             filed questioning the retirement or alleging resignation attended by coercion or
             deception

    8. Material misrepresentation of the ARB’s basic qualifications as provided for under
       Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws (Item
       IV.E.3.10);

         [ ] Copy of falsified document,
         [ ] Copy of true document,
         [ ] Affidavits of two (2) disinterested persons setting out facts of the
             misrepresentation, and
         [ ] BARC Certification showing the facts of misrepresentation

    9. Final judgment for forcible entry into the property or for unlawful detainer (Item
       IV.E.3.13);

         [ ] Original or certified true copy of the decision of the proper Municipal Trial Court,
              and
         [ ] Copy of the entry of judgment issued by the clerk of the proper Municipal Trial
             Court.

    10. Commission of any violation of the agrarian reform laws and regulations, or related
        issuances, as determined with finality after proper proceedings by the appropriate
        tribunal or agency (Item IV.E.3.14).

         [ ] Copy of the judgment of the appropriate tribunal or agency, and
         [ ] Copy of the entry of judgment

C. DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE
SCREENING PROCEDURE (DAR AO No. 2, SERIES OF 2009)

Proof of grounds for disqualification existing before award of EP/CLOA

         See grounds for exclusion of farmer-beneficiaries from the masterlist of potential
         agrarian reform beneficiaries.




3 See supra text at note 1.
                                                                                           6


Proof of grounds for disqualification existing after award of EP/CLOA (in effect grounds for
cancellation of EP/CLOA (DAR AO 2, Series of 2009)

   1. Deliberate non-payment of an aggregate of three (3) annual amortizations and 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);

       [ ] LBP certification of non-payment of an aggregate of three annual amortizations,
           and
       [ ] Copies of all receipts of payments

   2. Deliberate non-payment of three (3) annual amortizations to the landowner (LO)
      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);

       [ ] Copies of all receipts of payments

   3. Misuse or diversion of financial support services extended by the government (Item
      IV.E.3.8; RA 6657, Section 37);

       [ ] Affidavits of two (2) disinterested persons showing facts of such misuse or
           diversion, and
       [ ] Copy of the contract or document stating the kind of financial support extended by
           the government

   4. Negligence or misuse of the land or any support extended by the government (Item
      IV.E.3.9; RA 6657, Section 22);

       [ ] Affidavits of two (2) disinterested persons,
       [ ] Copy of the contract or document stating the kind of support extended by the
           government,
       [ ] DA Certification on the non-productivity of the land, stating the causes of non-
           productivity, and
       [ ] Recent photographs of the land (taken within the week prior to filing of the
           petition)

   5. Material misrepresentation of the ARB’s basic qualifications (Item IV.E.3.10);

       [ ] Copy of falsified document,
       [ ] Copy of true document,
       [ ] Affidavits of two (2) disinterested persons setting out facts of the
        misrepresentation, and
       [ ] BARC Certification

   6. 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);
                                                                                              7


         For sale or disposition:
         [ ] Copy of the Certificate of Land Ownership Award (CLOA),
         [ ] Copy of the deed of sale,
         [ ] BARC Certification showing facts of sale or disposition of the land,
         [ ] DAR Certification on non-issuance of clearance for the sale or disposition,
          [ ] LBP Certification showing that the ARB has not yet fully paid for the awarded
             land,
         [ ] Affidavits of two (2) disinterested persons


         For abandonment:
         [ ] Copy of the Certificate of Land Ownership Award (CLOA),
         [ ] 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 the
             petition), and
         [ ] Affidavits of two (2) disinterested persons

     7. Conversion of agricultural lands to non-agricultural use without prior approval from
        the DAR (Item IV.E.3.12);

         [ ] BARC Certification showing facts of the conversion,
         [ ] DAR Certification on non-issuance of conversion order and non-existence of
             application for conversion, and
         [ ] Recent photographs of the land (taken within the week prior to filing of the
             petition)

     8. Commission of any violation of the agrarian reform laws and regulations, or related
        issuances, as determined with finality after proper proceedings by the appropriate
        tribunal or agency (Item IV.E.3.14).

         [ ] Copy of the judgment of the appropriate tribunal or agency, and
         [ ] Copy of the entry of judgment

Note: Under DAR Opinion No. 18, Series of 2006, the refusal of the identified farmer-
beneficiaries to sign the Land Valuation and Farmer’s Undertaking and their non
cooperation 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 farmer-
beneficiaries.


                                  III.   JURSIDICTION

1.               Under Section 50 of RA 6657, the DAR is vested with primary jurisdiction to
     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).
                                                                                                 8


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. Any potential ARBs, and
             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         Formatted: Font: Not Italic
Hermoso, et al., v. C.L. Realty (G.R. No. 140319, 5 May 2006).

                                      V. TIMELINESS

A. PETITION FOR INCLUSION/EXCLUSION FROM THE MASTERLIST

        Within fifteen (15) days from the denial of the petition for inclusion in/exclusion from
         the masterlist by the DARPO, a petition for inclusion/exclusion may be filed with the
         Regional Director by the concerned party.

B. PETITION FOR DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE
PASSED THE SCREENING PROCEDURE

        As soon as the grounds for disqualification have been made known to the petitioner,
         the petition for disqualification should be filed.


                                      VI.     DECISION

A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES

     The petition for inclusion of farmer-beneficiaries should be granted if the applicant            Formatted: Indent: First line: 0"
     possesses all qualifications and none of the disqualifications set forth in Part III-A of this
     template.
                                                                                                 9



    If the petitioner fails to satisfy any one (1) of the qualifications but possesses none of the    Formatted: Indent: First line: 0"
    disqualifications, the petition should be denied.

    If the petitioner satisfies all qualifications but possesses at least one (1) disqualification,   Formatted: Indent: First line: 0"
    the petition should likewise be denied.

B. EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES

    The petition should be denied if the respondent possesses all qualifications and none of          Formatted: Indent: First line: 0"
    the disqualifications set forth in Part III-B of this template.

    If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the    Formatted: Indent: First line: 0"
    disqualifications, the petition should be granted.

    If the respondent satisfies all qualifications but possesses at least one (1) disqualification,   Formatted: Indent: First line: 0"
    the petition should likewise be granted.

C. DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE
SCREENING PROCEDURE

   Disqualification existing before award of EP/CLOA

    The petition should be denied if the respondent possesses all qualifications and none of          Formatted: Indent: First line: 0"
    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    Formatted: Indent: First line: 0"
    disqualifications, the petition should be granted.

    If the respondent satisfies all qualifications but possesses at least one (1) disqualification,   Formatted: Indent: First line: 0"
    the petition should likewise be granted.

    Disqualification after award of EP/CLOA

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          Formatted: Indent: First line: 0"
    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    Formatted: Indent: First line: 0"
    disqualifications, the petition should be granted.

    If the respondent satisfies all qualifications but possesses at least one (1) disqualification,   Formatted: Indent: First line: 0"
    the petition should likewise be granted.
                                                                                             10



                                     VII. APPEALS

   A. Appeal to the Secretary (DAR AO No. 3, Series of 2003)

          When to Appeal
           (1) Within fifteen (15) days from receipt of the Regional Director’s final order
               (AO 3, Series of 2003, Section 27).
           (2) A motion for reconsideration of the DAR Secretary’s order shall be 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 he 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. Grounds for appeal (DAR AO No. 3, Series of 2003):

          Serious errors in the findings of fact or conclusion of law which may cause grave
           and irreparable damage or injury to the appellant (Section 25.1); or
          Coercion, fraud, or clear graft and corruption in the issuance of a decision (Section
           25.2).


 VIII. APPLICABLE PRINCIPLES, LAWS, RULES, JURISPRUDENCE

A. GUIDING PRINCIPLES

1. 1987 Philippine Constitution

   (a) (a)Article XIIii, National Economy And Patrimony, 1987 Philippine Constitution              Formatted: Numbered + Level: 1 +
                                                                                                   Numbering Style: a, b, c, … + Start at: 1 +
                                                                                                   Alignment: Left + Aligned at: 0.25" + Indent
   Section 1. The goals of the national economy are a more equitable distribution of               at: 0.5"
   opportunities, income, and wealth; a sustained increase in the amount of goods and
   services produced by nation for the benefit of the people; and an expanding productivity
   as the key to raising the quality of life for all, especially the under-privileged.

    The State shall promote industrialization and full employment based on sound
    agricultural development and agrarian reform, through industries that make full and
    efficient use of human and natural resources, and which are competitive in both domestic
    and foreign markets. However, the State shall protect Filipino enterprises against unfair
    foreign competition and trade practices. Xxx

   (b) (b)Article XIIii. Agrarian And Natural Resources Reform, 1987 Philippine                    Formatted: Numbered + Level: 1 +
                                                                                                   Numbering Style: a, b, c, … + Start at: 1 +
       Constitution.                                                                               Alignment: Left + Aligned at: 0.25" + Indent
                                                                                                   at: 0.5"
    Section 4. The State shall, by law, undertake an agrarian reform program founded on the
    right of famers and regular farmworkers who are landless, to own directly or collectively
                                                                                                11


    the lands they till or, in the case of other farmworkers, to receive a just share of the fruits
    thereof. Xxx

    Section 5. The State shall recognize the rights of farmers, farmworkers, and landowners,
    as well as cooperatives, and other independent farmers’ organizations to participate in
    the planning, organization, and management of the program, and shall provide support to
    agriculture through appropriate technology and research, and adequate financial,
    production, marketing, and other support services.

2. RA 6657, Comprehensive Agrarian Reform Law (CARL)

   (1) SECTION 2, RA 6657 (Comprehensive Agrarian Reform Law). Declaration of
        Principles and Policies. – xxx The agrarian reform program is founded on the right
        of farmers and regular farm workers, to receive a share of the fruits thereof. Xxx

        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

      SEC. 22 Qualified Beneficiaries – The lands covered by the CARP shall be distributed
      as much as possible to landless residents of the same barangay, or in the absence
      thereof, landless residents of the same municipality in the following order of priority:

      (a)      agricultural lessees and share tenants;
      (b)      regular farm workers;
      (c)      seasonal farm workers;
      (d)      other farm workers;
      (e)      actual tillers or occupants of public lands;
      (f)      collective or cooperatives of the above beneficiaries; and
      (g)      others directly working on the land.

      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.
                                                                                         12


     SEC. 23 Distribution Limit – No qualified beneficiary may own more than three (3)
     hectares of agricultural land.

     SEC. 25 Award Ceilings for Beneficiaries – Beneficiaries shall be awarded an area not
     exceeding (3) hectares, which may cover a contiguous tract of land or several parcels
     of land cumulated up to the prescribed award limits.

     For purpose of this Act, a landless beneficiary is one who owns less than three (3)
     hectares of agricultural land.


   2. R.A. No. 9700

  1) Section 8

     SEC. 8. There shall be incorporated after Section 22 of Republic Act No. 6657, as
     amended, a new section to read as follows:

     “SEC. 22-A. Order of Priority – A landholding of a landowner shall be distributed
     first to qualified beneficiaries under Section 22, subgraphs (a) and (b) of that same
     landholding up to a maximum 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,
     subgraphs (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. IMPLEMENTING RULES AND REGULATIONS

    1. Administrative Orders

        (1) DAR AO No. 10 Series of 1990, Rules and Procedures in the Distribution of
            Private Agricultural Lands to ARBs under RA 6657 (Dated 30 August 1990,
            took effect ten (10) days after publication. Repealed by AO 3 Series of 2003)

        (2) AO No. 2 Series of 1992, Supplemental Guidelines on AO 10 Series of 1990
            and other Issuances on the Rights of Farmworkers (Effective 14 February
            1992)

        (3) DAR Administrative Order No. 2 Series of 1994, Rules Governing the
            Correction and Cancellation of Registered/Unregistered EPs and CLOAs Due
            to Unlawful Acts and Omissions or Breach of Obligations of ARBs and for
            Other Causes (Effective 25 March 1994)
                                                                                   13


   (4) DAR AO 6 Series of 1998, Rules and Regulations Governing the Acquisition
       and Distribution of Commercial Farms under Deferment (Effective 25 May
       1998)

   (5) DAR AO 9 Series of 1998, Rules and Regulations on the Acquisition,
       Valuation, Compensation and Distribution of Deferred Commercial Farms
       (Effective 4 January 1999)

   (6) DAR AO 3 Series 2003, 2003 Rules for Agrarian Law Implementation Cases
       (Effective 8 February 2003)

   (7) DAR AO 7 Series of 2003, Identification, Screening and Selection of, and
       Distribution to Agrarian Reform Beneficiaries (ARBs) of Private Agricultural
       Lands Under Republic Act (R.A.) No. 6657 (Effective 8 January 2004)

   (8) DAR Administrative Order No. 6 Series of 2006, Revised Guidelines on Award
       to Children of Landowner Pursuant to Section 6 and 22 of RA 6657 (Dated 6
       September 2006. Took effect ten (10) days after publication.)

   (9) DAR AO 4 Series of 2008, Supplemental Guidelines on AO 7 Series of 2003
       on the Identification, Screening and Selection of, and Distribution to Agrarian
       Reform Beneficiaries (ARBs) of Private Agricultural Lands Under Republic
       Act (R.A.) No. 6657 (Effective 29 June 2008)

   (10) DAR AO 2 Series of 2009, Rules of Procedure Governing the Acquisition and
      Distribution of Agricultural Lands under RA 6657 as amended by RA 9700
      (Effective 31 October 2009)

      Note: Under the Transitory Provision of DAR AO 2 Series of 2009, in relation
      to cases where the Masterlist of ARBs has been finalized on or before 1 July
      2009 pursuant to AO 7 Series of 2003, the acquisition and distribution of
      landholdings shall continue to be processed under the provisions of RA No.
      6657 prior to its amendment by RA 9700.


2. Memorandum Circulars

   (1) Memorandum Circular No. 4 Series of 1994 (Clarificatory Guidelines
       Concerning the Award to Children under Sections 6 and 22 of RA 6657)

3. DAR Opinions

   (1) DAR Opinion No. 26 Series of 2006, 29 June 2006, on the jurisdiction of DAR
       in the screening, selection and identification of farmer-beneficiaries

   (2) DAR Opinion No. 18 Series of 2006, 29 June 2006, on qualification of
       preferred beneficiary (children of landowner)

   (3) DAR Opinion No. 14 Series of 2006, February 2006, on dual citizenship
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        (4) DAR Opinion No. 21 S. 2001/1 October 2001 (if the awarded land is
            abandoned or culpably sold by the beneficiary)

        (5) DAR Opinion No. 22 Series of 2005, 1 August 2005 (Farmworker promoted to
            managerial position)

        (6) DAR Opinion No. 7 Series of 2005, 10 November 2005 (CLOA as collateral)

D. JURISPRUDENCE

  1) Department of Agrarian Reform vs. Polo Coconut Plantation Co., Inc, et. al., G.R. No.
     168787, 3 September 2008

    “Determining whether or not one is eligible to receive land involves the administrative
    implementation of the program. For this reason, only the DAR Secretary can identify
    and select CARP beneficiaries. Thus, courts cannot substitute their judgment unless
    there is a clear showing of grave abuse of discretion.

    Section 22 of the CARL does not limit qualified beneficiaries to tenants of the
    landowners. Thus, the DAR cannot be deemed to have committed grave abuse of
    discretion simply because its chosen beneficiaries were not tenants of PCPCI.”

  2) Sonny B. Manuel vs. Department of Agrarian Reform Adjudication Board, G.R. No.
     149095, 24 July 2007

     “Inherent in the power of DAR to undertake land distribution for agrarian reform             Formatted: Font color: Auto
     purposes is its authority to identify qualified agrarian reform beneficiaries. Corollary
     to it is also the authority of DAR to select a substitute to a previously designated
     beneficiary who may have surrendered or abandoned his claim, and to reallocate the
     land awarded to the latter in favor of the former.”

  3) Department of Agrarian Reform vs. Department of Education, Culture and Sports, G.R.
     No. 158228, March 23, 2004

     “Since the identification and selection of CARP beneficiaries are matters involving
     strictly the administrative implementation of the CARP, it behooves the courts to
     exercise great caution in substituting its own determination of the issue, unless there is
     grave abuse of discretion committed by the administrative agency.”

  4) Ferdinand Dela Cruz et al. vs. Amelia Quiazon, G.R. No. 171961, November 28, 2008

     “Abandonment requires (a) a clear and absolute intention to renounce a right or claim
     or to desert a right or property; and (b) an external act by which that intention is
     expressed or carried into effect. The intention to abandon implies a departure, with the
     avowed intent of never returning, resuming or claiming the right and the interest that
     have been abandoned.”

  5) Romanita Concha et al. vs. Paulino Rubio, G.R. No. 162446, March 29, 2010
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“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.”

								
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