Applicability of Lands under CLOA

RA. 6657

(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No
reclassification of forest or mineral lands to agricultural lands shall be undertaken after the
approval of this Act until Congress, taking into account ecological, developmental and equity
considerations, shall have determined by law, the specific limits of the public domain.
(b) All lands of the public domain in excess of the specific limits as determined by Congress in the
preceding paragraph;
(c) All other lands owned by the Government devoted to or suitable for agriculture; and
(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products
raised or that can be raised thereon.

NOTICE OF THE LAND

1. Notice of Coverage

Service of NOC

 Personal Service:
o It shall be given to the Landowner by the Bureau of Land Acquisition and Distribution
(BLAD) in the Dar Central Office within Metro Manila and Municipal Agrarian Reform
Office (MARO)
 Substituted Service
o If person authorized to receive is not around, it shall be given by the MARO at the
residence or the regular place of business.
o There shall be a Return of Service to the Provincial Agrarian Reform office sent by the
MARO whether valid or not with request for publication.
 Outside the Philippines
o MARO shall send a copy to the last known address of the person abroad.
o A Return of Service shall be sent to PARO for publication.
 Person Address Unknown
o MARO shall file a written report to PARO and send a copy of the NOC to the BLAD for
publication.

Person Authorize to Received

 Registered Land Owner

 All Co-owners must receive unless there is a document allowing one to receive for the others.
 Parents of a minor
 Legal guardians for incompetents
 Persons associated in a juridical personality
 President, partner, general manager, corporate secretary, treasurer or in-house counsel of a
juridical entity.
 Estate administration or heirs to the deceased.
 2. Publication & Posting of Notice

Posting

 The MARO shall authorize DAR Personnel shall post a copy of the NOC at a conspicuous place at
the subject landholding and ensure the notice is visible.
 Material for posting must be (1) waterproof (2) environment-friendly material, (3) 2 by 3 feet.
The BARC shall issue the certification of Posting Compliance.

3. Options to do in 30 days or else waived.

a. Protest with substantial basis
b. Nominate a Child or Children who may qualify as preferred beneficiaries
c. File a Manifestation for Exemption or Exclusion from CARP coverage before PARO
d. File a Manifestation to Exercise right of retention before PARO

4. Voluntary offer to Sell

Voluntary offer to sell

 A Landowner may send a letter their Voluntary Letter to Sell to the PARO where the land is
located.
 It must be before June 2009.

Land covered under the VOS

 Must not be 5 hectares of less

 Must cover entire area and not a part.

Children Beneficiaries under Voluntary offer to Sell

 They must be submitted in a notarize notice before completion of Letter of Acceptance.

LO waives Right to Choose

 MARO shall choose land on the basis of

o Commodity produced
o Terrain
o Available infrastructure
o Soil fertility.
 The DAR will send a notice to the LO

Retention Area

 It must be compact and contiguous.

 Married couples
 o CPG and ACP: 5 hectares total
o CSP: 5 hectares each
 Tenant who shall remain in the retention area shall not be covered under CARP but shall be a
lease holder.
 LGU acquired for public purposes shall not be part of the 5 hectare retention limit but still must
be part of the process of CAR before acquired by the LGU.

Qualified Beneficiaries

1. Farmer who owns less than 3 hectares of agricultural land.

2. Filipino citizen
3. Resident of the Barangay
4. 15 years of age and above
5. Willing and able to cultivate and make land productive.

Beneficiaries

 Children of Owner is preferred

o Filipino Citizen
o At least 15 years of age
o Actually tilling or directly managing the land

Disqualification to beneficiaries

1. Failure to meet requirements

2. Waiver of rights for due compensation
3. Deliberate and absolute failure to pay within 3 annual amortizations and failure to exercise
repurchase within 2 years.
4. Termination of AO as of just cause
5. Voluntary resignation or retirement from service
6. Misuse or diversion of financial support.
7. Negligence or misuse of the land.
8. Sale, transfer of land
9. Material misrepresentation of qualifications
10. Premature conversion under Sec 11 RA 8435
11. In foreclosed land holding, the Landowner of the foreclosed land cannot get the same land.
12. Commission of any violation of the agrarian reform laws and regulations.

STEPS OF GETTING BENEFICIARIES

1. Within 30 days from NOC, LO must submit to the MARO a list of his/her tenants, agricultural
lessees, and regular farm workers.
a. Failure to submit shall construe a waiver on the part of the LO to exercise is attestation
rights. It shall not delay the process.
2. The PARO shall create the Beneficiary Screening Committee
 a. PARO ex-officio chairperson, the MARO, DARPO legal officer, the Provincial Agrarian
Reform Coordinating Committee (PARCCOM) Chairperson or representative, the BARC
chairperson. They may invite Landowners, civil society organization (CSO)
representatives.
3. Within 3 days from receipt of the LO attested list or after 30 days from the deadline of
submission for the list, the MARO with the BARC shall prepare the preliminary list that is to be
classified.
4. The MARO shall post the list in the landholding for 7 days. It shall also be posted in the
city/municipal/barangay hall.
5. Within 7 days from posting, the beneficiary shall submit his proof of qualification under Sec 43
of this AO.
a. Note: The DAR municipal office shall use available documentary evidence and exhaust
all efforts for the qualification of the beneficiaries.
6. The MARO with the BARC shall then screen the beneficiaries in accordance with requirements
under Section 22 of RA 6657. They then will send it to the PARO for approval.
7. The master list shall be with a Notice to the Qualified Beneficiaries to which they will sign a
Application to Purchase and Farmer’s Undertaking (APFU). It will also be posted in the Barangay
hall for 7 days with issuance for Certificate of Posting.
8. The final Master List by the PARO may be protested 15 days after posting to which the PARO
must conduct a compulsory arbitration within 10 days of the protest. If the masterlist is change,
the posting shall be another 7 days.
9. The Master list becomes final after 15 days from the issuance of the decision.
10. The MARO shall arrange the schedule of the Beneficiaries to take an oath before the judge and
the sign the APFU. Not signing within 30 days constitutes a waiver.

STEPS OF ACQUIRING LAND FROM LAND OWNERS

1. There must be surveying activities by the PARO in the segregation of coverable land.
2. There will then be a Field Investigation within 3 days of the survey submit a request for conduct
of FI to the Land Bank of the Philippines.
a. The DARPO shall notify and invite the owner and the beneficiaries.
3. The FI shall contain the Claim Folder for valuation.
a. The FI shal be conducted by the MARO , BARC and LBP, a representative of the
Municipal Agricultural Office shall be invited for agriculture. While the DENR
CENRO/PENRO for slopes.
b. If there is a MOJON then no geodetic engineer needed otherwise there must be one.
4. After the report, the DARMO shall send the CF to the DARPO within 3 to 15 days after the
execution of the Field Investigation Report or the APFU whichever is the latter.
5. The PARO shall then submit to the DAR LBP Pre Processing Unit to which the LBP shall
determine just compensation.
6. If there are exclusion and inclusions in the beneficiary list, the LBP shall be informed.
7. The PARO shall submit the Advance survey plan to the LBP. If the ASP is the same in the
investigation, then the LBP may determine the initial valuation. If different then the ASP should
conform to the Field Report with a resurvey.
 8. It shall inform the DAR of their valuation by submitting to the PARO a Memorandum of
Valuation with and Land Valuation Worksheet. A notice of Land valuation and acquisition (NLVA)
with the MOV and the LVW to the MARO and shall then submit it to the Landowner within 5
days.
9. There shall be a posting at a conspicuous location by the MARO.
10. The Landowner must accept or reject within 30 days from the receipt of the NLVA. If the letter
was rejected or there was no letter of acceptance, the valuation shall be resolvvved by the
DARAB. A certified true copy of the entire contents of the CF with the rejection letter or
Memorandum of no reply shall be given to the DARAB.
11. The PARO shall at the same day of its transmittal of the NLVA to the MARO , transmit its Order
to Deposit Landowner’s Compensation to the LBP.
12. The LBP shall issue the PARO a Certificate of Deposit to which they will transmit a COD with a
written request to transfer the TCT in the name of the Republic

Just Compensation

 The basic formula is

o LV = (CNI * 0.6) + (CS * 0.30) + (MV * 0.10)
o Where LV = Land Value, CNI = Capital Net Income, CS = Comparable Sales, MV = Market
Value per Tax Declaration.
 CS factor refers to the Market Data Approach and shall be 70% of the BIR Zonal Value.
 CNI refers to the Income Capitalization Approach which includes the income by the sum of the
net present value streams of income.
 Market Value shall be determined in the tax declaration and the assessments made by the
government assessors.

When all factors present CNI * 0.6 + CS * 0.3 + MV * 0.1

When CNI not present CS * 0.9 + MV * 0.1
When CS not present CNI * .9 + MV * .1
When CS and CNI not present MV *2

STEPS OF TRANSFERRING THE LAND TO BENEFICIARIES

1. The beneficiaries may choose among themselves with a signed agreement.

2. If there are preferred beneficiaries, they shall first choose their land before the beneficiaries.
3. The allocation must be only of 3 hectares the allocation shall be made by the MARO. If there are
any excess lands, it shall be awarded to the cooperative.
4. If the land is not enough to provided them all for 3 hectares
a. It shall be divided equally among them.
b. If the it is not enough to give them all at least 1,000 square meters, then a list shall be
giving to those who have served the Land the most to the least and shall be given 1000
square meters from the top of the list until the remaining area is less than 1000 square
meters. The remaining land shall then be distributed equally among the land owners.
 c. If there are beneficiaries displaced, they can still qualify as beneficiaries in other areas of
the CARP.
5. The beneficiaries may choose between having a collective CLOA or individual CLOA. They must
submit their decision to the PARO within 15days from the posting of the master list of the
beneficiaries. Failure to do so waives his right to choose.
6. The MARO shall then allocate the portion to the ARB in accordance with the
a. Collective being adjacent and contiguous with each other.
b. Area awarded to beneficiaries.
7. The beneficiaries shall be a Usufruct from the time DAR has possession until the award of the
CLOA.
8. All CLOAs shall be released by the ROD to the LBP as the mortgagee financing institution.
9. The LBP shall provide 2 sets of copies to which they shall give to the PARO.
10. The PARO shall then send this to the beneficiaries within 15 days from the receipt.